Accidents Caused by the Driver Suffering a Medical Emergency
Errors such as speeding, not braking in time, or changing lanes when it is not safe to do so are the most common cause of accidents. In most cases, the drivers knew that they were speeding or that another car was too close for the turn or lane change to be safe, but they attempted the maneuver anyway, because of impatience or overconfidence. Distractions such as cell phones or being tired after a long day of driving increase the risk of these errors, but not as much as intoxicating substances do. Alcohol plays a role in about a third of severe accidents, and illicit drugs also contribute to many of the worst accidents. What about accidents that occur because of a driver’s known health problems which are usually not a driving hazard but which act up at the wrong time? Determining fault for an accident is more complicated when the driver crashed because of a medical episode that he or she took reasonable caution to prevent. If you got injured in an accident where the at fault driver’s health complications were a contributing factor, contact a South Jersey auto accident lawyer.
Who Is Legally Responsible If a Driver Causes an Accident Because of a Preventable Medical Episode?
Earlier this month, a 74-year-old Montclair woman was driving on Valley Road, when she suffered what news websites described as a medical episode and lost control of her car. She collided with a parked, unoccupied vehicle at the side of the road, and this caused her vehicle to overturn. First responders extracted her from her car and transported her to a hospital, where she received treatment for a neck injury.
News reports did not indicate the nature of the driver’s medical emergency, but plenty of things can go wrong when you are driving. Accidents can happen if a driver loses consciousness while driving or suffers a heart attack, stroke, or seizure. Drowsiness and disorientation can be side effects of medications, and doctors and pharmacists should warn patients against driving while taking medications that cause these side effects. If you drive against your doctor’s advice, and your medication side effects impair your driving, this counts against you when the insurance companies apportion fault for the accident.
When the patient reasonably believes that it is safe to drive, things are more complicated. For example, if the drug causes unexpected adverse reactions, it could be due to the doctor’s error in failing to investigate the driver’s medical history enough to know that the drug is contraindicated for that patient. If that happens, it is a case of medical malpractice or medical negligence. If the same drug, to the surprise of doctors who prescribe it, has caused many such adverse reactions, then injured people could have a case for a product liability claim.
Contact Monaco Law About Car Accidents
Contact Monaco Law PC in Marlton, New Jersey to discuss your car accident case. Joseph Monaco is a New Jersey personal injury and wrongful death lawyer serving Atlantic County, Burlington County, Cape May County, Camden County, Cumberland County, Gloucester County, Mercer County, Middlesex County, Ocean County, Salem County and all of South Jersey.
Source:
montclairlocal.news/2025/10/montclair-firefighters-rescue-driver-from-rollover-crash-tuesday-chief-says/
