Arkansas Car Accidents: Sudden Medical Emergency

A sudden medical emergency is a situation in which the at-fault driver may have caused the Arkansas car accidents unwillingly due to their medical condition.

In fact, such a scenario falls under the sudden emergency defense, meaning that the person can remain free of any legal accountability.

However, a person can only use this defense if the situation was really unforeseen with little or no time to think of any other reasonable action.

Typically, the burden of showing evidence is on the victim’s side, who has to accuse the at-fault party.

But in cases like these, the accused driver must provide proof that they suffered a sudden medical emergency and were unable to avoid the accident.

The elements the at-fault driver must prove include:

• The driver lost control of the vehicle because of a loss of consciousness.
• The accident happened suddenly after the loss of consciousness.
• The medical emergency was unforeseeable.

If someone has a medical condition that can cause seizures and has been warned they should avoid driving, then the sudden emergency defense wouldn’t hold up.

If the accused driver fails to show sufficient evidence for the sudden medical emergency defense, they are liable for the injuries and financial losses they caused you.

It means that their liability insurance will cover the damages.

Even if the driver can provide medical evidence for the sudden medical emergency, the victim may still have a chance to hold other parties liable for the accident.

The victim can sue the driver’s doctor for allowing them to drive with a medical condition that could lead to an accident.

The amount of compensation in a car accident case depends on the severity of the accident.

It also depends on whether you share some of the blame for the accident.

Under the comparative negligence law in Arkansas, you cannot recover any compensation if you are 50% at fault or more for an accident.

If you are less than 50% at fault, your compensation will be reduced by your percentage of fault.

Some of the damages that you may be able to recover include:

• Past, current, and future medical bills
• Rental car
• Lost income
• Lost future wages potential
• Pain and suffering
• Emotional anguish and distress
• Loss of enjoyment of life