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Ches Crosbie Barristers

Do These People Have A Car Accident Claim If Their Injuries Were Caused By A Medical Emergency?

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According to police at the scene Thursday, a 70-year-old man suffered a medical emergency and hit another vehicle travelling in the same direction south descending Mount Carson Avenue.

The elderly man’s vehicle gained speed and veered to the left of Mount Carson Avenue onto a gravel road, where it skidded off an embankment and going airborne, collided with two other vehicles on Topsail Road.

The 70-year-old was taken to hospital. Three other people were reported to be injured.

Do the three injured people have a good claim against the elderly driver’s insurance? Maybe not!

Fault-based motor vehicle claims are based on the idea that negligent driving has caused the injury complained of.  If the older man’s medical emergency arose from, say, a heart attack, than it may be that the damage caused arose from an unforeseeable medical event and not from negligence at all.

Then again, it may be that the man suffered from a condition which could foreseeably cause danger of a loss of consciousness, and in that case he, or possibly his physicians, might be responsible in law for the accident. 

The point is nothing should be assumed in such a situation. A thorough investigation by experienced motor vehicle accident lawyers is required to be able to advise the injured clients in the accident whether a good claim can be brought.

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