Can You Sue After a Medical Emergency Car Accident in Georgia?

Sometimes, a driver will deny responsibility for a car accident they caused based on being incapacitated by a medical emergency. If it truly was a medical emergency, the driver can’t be held responsible for their negligence. However, you should closely scrutinize such claims. A driver who claims incapacitation by a medical emergency bears the burden of proof. This means that, if you’re not convinced an at-fault driver suffered a medical emergency, you have legal recourse. Your case will be legally challenging, however, which highlights the importance of having professional legal counsel behind you. Our experienced Cumming car accident attorneys at Banks, Stubbs & McFarland are here to help.

Car Accident Cases Involving Medical Emergencies

Most car accidents that are caused by driver negligence are settled out of court. Those that involve an at-fault driver who claims a medical emergency are far more likely to require the court’s intervention.

In Georgia, you generally have only two years to file a lawsuit against a negligent driver, which makes time of the essence. Depending on the scope of your losses and the complexity of your Cumming case, it will be heard by either the State Court of Forsyth County or the Superior Court of Forsyth County.

A Sudden Medical Emergency

The State of Georgia defines a sudden medical emergency as an act of God. This includes emergencies outside the person’s control. When a driver has a true medical emergency behind the wheel that directly leads to a car accident, they can’t be held legally liable.

Prime examples of incidents that are often classified as medical emergencies include the following:

• Seizures
• Strokes
• Heart attacks

If the health emergency causes the driver to lose consciousness, it’s unlikely that negligence will apply. The matter, however, does not end here.

Medical Emergencies that Are Unforeseeable

Georgia’s sudden emergency law applies only when the medical emergency in question was unforeseeable. This means health situations that could have been predicted and, therefore, avoided are not covered.

Epilepsy and The Right to Drive in the First Place

Motorists must have the right to drive in the first place. For example, the State of Georgia can implement driving limitations or may not issue a driver’s license for individuals with epilepsy who haven’t gone six months without a seizure. States may also require regular medical reports. Further, a motorist with epilepsy who has experienced seizures behind the wheel or whose doctor warned them not to drive will have far more difficulty proving a medical emergency.

A Time Lag

If the driver in question had time to react safely to their medical emergency but failed to do so, it weakens their position considerably.

A focused car accident lawyer will assess the strength of your case and will guide you through the process of filing a lawsuit in response to a driver whose negligence caused you to be injured.

Turn to Our Experienced Accident Lawyers for the Help You Need

Our accomplished Cumming, GA, car accident attorneys at Banks, Stubbs & McFarland have an impressive track record of resolving challenging cases. Especially those involving medical emergency claims, which we handle as effectively and efficiently as possible. Learn more by contacting us online or call 770-887-1209 today.