Maybe. Under certain circumstances, the medical emergency doctrine may apply to the facts of a car accident.
In cases where the doctrine applies, the defendant in a personal injury lawsuit arising from the car accident will not be considered negligent. Writing on the medical emergency doctrine, the Virginia Supreme Court has said:
It is undoubtedly the law that one who is suddenly stricken by an illness, which he had no reason to anticipate, while driving an automobile, which renders it impossible for him to control the car, is not chargeable with, negligence.
The key elements of the medical emergency doctrine are (1) a sudden illness, (2) the lack of any reason to anticipate the sudden illness, (3) the onset of the illness while operating a car, and (4) the impossibility for the suddenly ill driver to control their car.
An example of a medical emergency that might satisfy the elements of the medical emergency doctrine would be a driver who suddenly and unexpectedly lost consciousness while driving, resulting in a car accident with injuries.
If the jury hearing the personal injury case arising out of this hypothetical scenario concluded that the defendant driver had a sudden loss of consciousness while operating his car, that the defendant driver had no reason to anticipate that he would lose consciousness and that the loss of consciousness made it impossible for the defendant driver to control his or her car, then the jury could conclude that the defendant driver was free of negligence pursuant to the medical emergency doctrine.
However, it is essential to note that falling asleep is not considered a medical emergency.
The Medical Emergency Doctrine
The medical emergency doctrine is similar to the sudden emergency doctrine. Still, the Virginia Supreme Court has written that the proper jury instruction in a personal injury case involving a medical emergency differs from the instruction to be given in a sudden emergency case.
Questions regarding the application of the medical emergency doctrine are specific to each personal injury case, so we encourage you to contact one of our personal injury lawyers in Virginia Beach.
We can advise the prospective client whether the potential defendant in a personal injury lawsuit has a legitimate basis for claiming that the accident was caused by a medical emergency rather than the defendant’s.
As in all personal injury cases, an experienced personal injury lawyer can also advise the injured person on the value of the injury claim, guide the injured person through the process of filing a claim with the applicable insurance company or companies, and represent the injured person in the litigation of the personal injury claim if a lawsuit becomes necessary.
Virginia Injury Law FAQ’s
Negligence in personal injury cases in Virginia.
Schedule a Consultation With Preston, Wilson & Crandley, PLC
At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
If you need a Personal Injury Attorney in Virginia Beach, contact us at (757) 486-2700.
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