In many car accident cases, there will be a clear indication regarding who is at fault for the crash. However, what if one of the drivers experienced a seizure that caused the car accident? If you experienced a car accident that was related to another person having a seizure, who can you hold responsible and liable for your injuries and losses?
In most cases, seizures occur as a result of a medical condition known as epilepsy. If a person has epilepsy, they may pose a greater challenge to other motorists on the roadway because they could have a seizure. However, seizures are often predictable based on identifiable factors. In the United States, people with epilepsy and other seizure disorders are allowed to drive with some legal restrictions if the condition is controlled by medication.
Seizures and Car Accidents
According to the United States National Library of Medicine, only 11 percent of all car accidents involve individuals who had a seizure as a result of epilepsy. This means that most accidents involving drivers with epilepsy are similar to any other car accident. However, there are instances the driver lost control of the vehicle due to a seizure.
Liability When a Driver Has a Seizure
Drivers with epilepsy and other seizure-related disorders often need to get clearance from their doctor in order to drive a vehicle. If you are in an accident with a driver having a seizure, you may have the right to receive compensation for your injuries and losses from them as a result.
Consider the following questions:
- Did the driver have a medical history of seizures and know that they may have a seizure while driving?
- How long was the driver seizure-free prior to the accident?
- Did the driver receive any treatment for epilepsy?
- Was the driver taking their medication as required?
- Did the driver lose consciousness before the car accident? How long did the driver feel they were going to lose consciousness before they had a seizure?
- Did the driver receive a false recommendation from a doctor regarding their ability to drive?
As a victim of a car accident involving a driver who experienced a seizure, you may be able to file a claim against either the driver or even the doctor who negligently certified that the driver could drive with their medical condition.
Contact an Experienced Personal Injury Attorney Today
If you experienced a car accident as a result of another driver having a seizure, you will need to ensure that a full investigation occurs in order to receive compensation for your injuries and losses. These types of cases can prove to be legally complex and challenging. Learn more about your options to hold the other driver liable for your seizure-related car accident by contacting an experienced personal injury attorney at The Law Office of Daniel H. Rose at 415-946-8900 or online today.