Auto Accidents Caused by Medical Emergencies in Delaware

The legal team at Silverman, McDonald & Friedman has developed the reputation of being the firm you can count on to fight for your rights when you have been injured in an accident that was caused by the negligence of another. We proudly serve clients in Seaford, Wilmington and Newark, and throughout Delaware.

As often as you hear about auto accidents caused by a sudden medical emergency in the news you might think that they were a fairly common occurrence, but statistically they are not. In these accidents the driver seems to have lost control of their vehicle causing it to crash through people’s living room walls, jump the curb hitting pedestrians and careening through shop windows. The driver who caused the accident blames it on a sudden medical emergency that made them lose consciousness while behind the wheel. These accidents cost millions of dollars in damages, countless injuries and deaths, but it can be challenging to hold these drivers responsible for the damage their “sudden medical emergency” has caused.

According to NHTSA research, only about 1.3 percent of the crashes in the National Motor Vehicle Crash Causation Survey (NMVCCS) were to be blamed on a sudden medical emergency on the part of the driver that caused the accident. The NHTSA report said that about 84 percent of the drivers in crashes caused by medical emergencies suffered from the following conditions:

• Seizures
• Blackouts
• Diabetic reactions

Drivers in crashes that were caused by a medical emergency were more likely than other drivers to be injured more severely or die as a result of the crash.

Liability in car crashes caused by a medical emergency

Delaware law contains the “sudden emergency doctrine,” that may be used as a defense when an individual is in a sudden emergency not caused by his negligence. In these circumstances, the defendant is not held to the same duty of care as a person who had the time for thought and reflection, and he or she is not liable for the injury that results from the operation of a motor vehicle while incapacitated in this way.

In cases of sudden emergency that causes a driver to lose control of their vehicle and cause an accident, the burden of proof falls to the defendant to show that their sudden illness could not have been anticipated. (Lutzkovitz v. Murray, 339 A.2d 64 (Del. 1975)

If the defendant driver had been previously advised by their doctor not to drive or if they have experienced similar health episodes before, then it may be possible to establish that the driver could have foreseen the risk of the medical event occurring again and chose to drive despite the risk.

There are certain health conditions that are predictable thus making any emergency related to these health conditions preventable. If a person with a heart condition is aware that there is a danger that they could have a heart attack while behind the wheel, or a person with epilepsy knows that they occasionally have seizures or even a person who has diabetes is aware of the danger of allowing their blood sugar to fall too much these individuals must take responsibility for what happens when these conditions cause a medical emergency while they are behind the wheel.

Every driver owes the other drivers with whom they share the road the duty of care to operate their vehicle in a safe manner. Knowing that you have a perilous health condition, or that you have doctor’s orders not to drive, or you have taken medication that warns against driving creates a hazard on the road not just for yourself but for other drivers.

If you have been injured in a crash that was caused by a driver who experienced a sudden medical emergency, you need an experienced Delaware auto accident attorney who can help you. At Silverman, McDonald & Friedman, we have experience doing just that.

You are welcome to call us or fill out our contact form to schedule an appointment for a free consultation at our offices in Wilmington, Newark or Seaford.