MENU
- Home
- Overview
- Attorneys
- Practice Areas
- Firm News
- Blog
- Contact
If you suffer a seizure during a routine drive and cause a car accident because of your medical emergency, you likely feel overwhelming guilt, anxiety, and confusion. But, are you legally responsible for the collision if a seizure caused your car accident? As with many legal questions, the answer is “it depends.”
Let our Wilmington car accident lawyers at Jacobs & Crumplar, P.A. answer your questions and tell you what you need to know.
Delaware drivers who cause an accident because of a seizure have a solid legal defense in the form of the Sudden Emergency Doctrine (SED). This legal principle helps shield an active driver from liability if they suffer an unexpected medical event, such as a seizure, by arguing that a driver should not be considered negligent if they were confronted with an unforeseen emergency that compromised their control. However, the key question for this defense is whether the driver truly could not have predicted the emergency. If you have a history of seizures or were warned by a doctor not to drive, the court will likely not allow you to use this defense.
When a driver claims a medical emergency as the cause of an accident, insurance companies and courts conduct their own investigations by reviewing the driver’s medical history. If they find evidence that you had a known seizure disorder or any prior incidents of losing consciousness while driving, this may hurt your claim. Insurers may also look at whether you were taking prescribed medications, attending medical appointments, or following a doctor’s instructions.
If you get into an accident due to a seizure, seek medical attention immediately by calling 911. A prompt evaluation can help document your condition and determine the nature of the incident, as well as back up your claim if you truly could not have known a seizure would occur. If you believe that the Sudden Emergency Doctrine could apply in your case, consult a lawyer with experience in medical-related car accidents to help you collect the necessary medical evidence, build a strong defense, and negotiate with insurance companies on your behalf.
Many drivers will try to sue you to claim compensation for their damages after a seizure-induced collision. In these cases, you will need a seasoned lawyer to defend you in court and help you establish the uncontrollable nature of your emergency. Trust the Wilmington car accident lawyers at Jacobs & Crumplar, P.A. to advocate for your rights, work toward an equitable resolution, and protect you from unjust liability for an emergency that you cannot control. Call 302-656-5445 or contact us online for a free consultation. Our office locations in New Castle and Millsboro, Delaware, proudly serve clients in New Castle County, Kent County, and Sussex County.