When drivers suddenly and unexpectedly lose consciousness, the results are often tragic. About a tenth of California car wrecks are directly attributable to epilepsy. Other medical conditions which could cause loss of consciousness include diabetes and heart disease.
The fact that these accidents are easily preventable is part of the tragedy. Normally, these drivers are well aware of the risks their medical conditions create. In some cases, the state invalidates their drivers’ licenses. Yet they choose to drive anyway, recklessly and needlessly putting other people at risk.
As a result, a San Jose personal injury attorney is often able to obtain substantial compensation in these matters. Such compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Evidence in car wreck claims usually includes the police accident report, witness statements, and medical bills. All these kinds of evidence have special significance in medical condition wreck claims.
Medical bills are a good example. Normally, these bills are important because they not only include clinical information, such as diagnosis and treatment matters. Frequently, medical bills also include physician treatment notes. These notes often include things like the victim’s pain level and state of mind. Such notes could be relevant to the amount of noneconomic damages.
In medical condition wrecks, these bills also indicate the cause of the crash. Typically, issues like epilepsy are chronic. They might get better, but epileptics are never “cured.” In fact, the opposite is usually true. Conditions like epilepsy normally get worse.
Treatment notes might be significant as well. For example, many doctors warn patients that they should not drive. If they ignore this warning, many Santa Clara county jurors get mad.
Evidence is critical in car wreck claims. Victim/plaintiffs must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. This negligence could be ordinary negligence, which is a lack of reasonable care, or negligence per se, which is the violation of a safety law.
Medical crashes could involve either theory. It’s clearly a breach of reasonable care to knowingly put people at risk. Furthermore, as mentioned, the state usually suspends drivers’ licenses in these situations. Driving without a valid license is usually negligence per se.
Car crash liability is always subject to insurance company defenses. Comparative fault is a good example. This legal loophole shifts blame for the accident from the tortfeasor (negligent driver) to the victim. Defenses like comparative fault often at least reduce the amount of compensation the victim/plaintiff receives.
The good news is that the insurance company has the burden of proof, and the burden of persuasion, in these situations. These burdens are difficult to meet, especially in loss of consciousness wrecks.
These wrecks also involve vicarious liability theories, such as employer liability. Employers are financially responsible for damages if their employees are negligent during the scope of their employment. Largely because they are afraid of violating health privacy or other laws, many employers do not frequently ask their workers about their medical problems. In this case, ignorance is not bliss. Ignorance usually means financial responsibility for damages.
Tortfeasors who ignore medical advice often cause serious injuries. For a free consultation with an experienced San Jose personal injury attorney, contact Solution Now Law Firm. We do not charge upfront legal fees in these matters.
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Solution Now Law Firm
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