Should you Accept the Insurance Company's First Offer?

Medical Illness Causing A Florida Car Crash

Posted by Guy DiMartino | Jan 20, 2013 | 0 Comments

Stuart Florida personal injury lawyer, Guy S. DiMartino, DC, JD, discusses medical illness causing a Florida car or truck crash.

You're injured in a car, truck or motorcycle crash somewhere in Florida.  You think the other driver is responsible for the crash because he ran a traffic light.  You try to settle your case with the insurance company and the adjuster tells you that they are not accepting responsibility for the crash. The insurance adjuster takes the position that the driver that hit you was not NEGLIGENT because the driver had a sudden loss of consciousness that caused the crash.

Is the insurance company right?  Can the other driver cause a severe injury and escape responsibility?  The answer is maybe.  Sometimes the law seems unfair.

Florida's Sudden Loss of Consciousness Defense

This defense usually arises in automobile accident cases where the driver has a sudden attack, loses consciousness and control of his car and causes an accident. Florida courts have found that a driver cannot be negligent if he who suffers a sudden attack and loses consciousness without premonition or warning of the medical condition.

So the law is this.  If the driver knew of an underlying problem that could cause the illness she will have a difficult time with this defense; however, if the illness suddenly appeared without warning, the law will not hold the other driver responsible for the accident.

In these types of accidents, an injured person should retain a lawyer immediately so the lawyer can immediately investigate the crash and get information about the other driver's health history to see if the medical condition was foreseeable.

If you have any questions about a Florida car, truck or motorcycle accident, give me a call at (352) 267-9168 or fill out the Internet consultation form on the right side of the screen.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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