Car crashes caused by sudden medical emergencies can be devastating. One moment, everything is normal—and the next, a driver loses control because of a seizure, heart attack, or other serious health episode. If you’ve been injured in this type of accident, the situation can be confusing and frustrating. Unlike a typical car crash, the at-fault driver may claim they aren’t legally responsible because of their medical condition.
The Sudden Medical Emergency Defense
New York law allows drivers to use what’s called the “sudden medical emergency” defense. This defense can shield a driver from liability if they can prove they experienced an unexpected medical episode that made the crash unavoidable. Common examples include heart attacks, strokes, seizures, fainting, or diabetic emergencies.
For this defense to hold, the medical event must be truly sudden and unforeseeable. If the driver had no warning or reason to expect the medical crisis, they may not be legally at fault for the accident. That means you might face a more complicated legal process to recover compensation.
How to Challenge This Defense
Just because a driver claims a medical emergency doesn’t mean the case ends there. There are ways to challenge this defense and protect your right to recovery. One of the most important factors is the driver’s medical history. If the driver had a known condition and failed to follow their doctor’s advice, take medication, or avoid driving when at risk, their episode may not be considered “unforeseeable.”
Another key factor is whether the medical event was the actual cause of the crash. If there’s evidence of distracted driving, speeding, or other negligence, the driver can still be held responsible. In many cases, a thorough investigation—including medical records, eyewitness accounts, and expert testimony—can reveal whether the defense is valid.
Your Legal Options
Even if the driver successfully raises the sudden medical emergency defense, you may still have legal options. New York is a no-fault insurance state, which means your own insurance can cover certain medical expenses and lost wages regardless of who caused the crash.
However, if your injuries are serious enough, you may be able to step outside the no-fault system and file a personal injury lawsuit. If it can be shown that the driver should not have been on the road due to a known medical risk, they can still be held liable. An experienced personal injury attorney can help investigate and build a strong case to pursue compensation for medical costs, lost income, pain and suffering, and other damages.
FAQ
Is a driver still at fault if they had a seizure or heart attack?
It depends on whether the medical event was truly unforeseeable. If the driver knew of their condition and failed to take precautions, they can still be found liable.
What if I was rear-ended by a driver who passed out?
You may still have a valid claim. If the driver’s medical history or behavior shows negligence, they could be held responsible.
Will insurance still cover my damages?
Yes. Under New York’s no-fault laws, your insurance covers certain losses. You may also be able to pursue additional compensation through a personal injury claim.
If you were hit by a driver experiencing a medical emergency, contact Gash & Associates, P.C. in White Plains, NY, at (914) 328-8800. An experienced attorney can help you challenge defenses, protect your rights, and pursue the compensation you deserve.
