Think a Medical Condition Caused Your Car Accident? Ask Yourself These Questions First
Brain Injury Lawyer
One of the most jarring life experiences is being in a car accident. One of the most frustrating life experiences is what to do during the weeks and months following a car accident, trying to determine fault, and seeking potential compensation. To help simplify the process, be sure to keep these questions handy if you or someone you know has been in an accident you suspect was caused by a medical condition.
Do You Live in a No-Fault or At-Fault Insurance State?
States control what kind of insurance drivers have. Many states have traditional tort insurance or ‘at-fault’ insurance, which means that you or the other party involved in the accident can seek compensation by legal means. If this is the case, you will want to continue your work to determine whether or not a medical condition was the cause of the accident.
However, if you live in one of twelve states that has choice, ‘no-fault,’ or tort liability insurance, it may not be worth your time or effort to continue this path of discovery. If in one of those twelve states, you will be asked to carry personal insurance and each party will file a claim with their insurance rather than tying up the courts with claims.
Are You Aware of Which Medical Conditions Cause Accidents?
The courts will often first look to the restrictions placed on licenses, such as vision, hearing, and medical requirements that have been identified as necessary to maintain a license. If a medical condition is suspected as the fault, the courts can subpoena medical records. They will do this to identify if any other medical condition or medication not listed on the license may have influenced the accident.
A judge will also work to determine if the driver at fault was intentionally negligent, that is, they knew they were not driving safely. The alternative is that their medical condition was controlled and an anomaly happened while they were driving.
What Kind of Lawyer Should You Choose?
Determining medical conditions as the fault of car accidents is so complex that it is not recommended that you research on your own. One mistake could tie up your case for an extended period of time or cost you money in compensation.
The best research that you can do is to find and contact a lawyer immediately that specializes in car accidents. Schedule your consultation and be sure to state all the information you know and share that you suspect a medical condition may be at fault for the car accident. Contact a brain injury lawyer, like Ward & Ward Law Firm, to discuss your next steps.