“Sudden Medical Emergency Initially Claimed by Careless Driver
Recently, The BenGlassLaw Car Accident Team was able to settle a claim arising out a Springfield, VA June car accident for $300,000. The 300k was the limits of insurance available.
Accident and Injury Details
On the date of the accident, our client was driving on Backlick Road near the intersection of Braddock Road when the defendant crossed over the median and hit his vehicle head-on.
Due to the impact, our client sustained multiple serious injuries to include a lumbar vertebrae fracture, sternal fracture, wrist fracture. Given his wrist fracture, he was required to undergo surgery.
A lumbar vertebrae fracture is a break or crack in one of the five vertebrae in the lower back, known as the lumbar spine. This type of injury is often caused by trauma such as a car accident, fall, or sports injury. Symptoms can include back pain, muscle weakness, and sometimes nerve-related issues like numbness or tingling. Treatment varies based on severity and can range from rest and physical therapy to surgical intervention.
Fortunately, since then our client has made a strong recovery, and while he still does have residual pain in his wrist and back, he has not sustained any obvious permanent injury.
There was concern that liability may have been denied. The defendant claimed that she had sustained a medical emergency which caused her to lose control of her vehicle and cross over the median and impact our client’s vehicle.
Sudden Medical Emergency as a Legal Defense in Virginia
In Virginia, the “sudden medical emergency” doctrine can be a viable defense in car accident cases where a driver claims that an unforeseen medical emergency caused the crash. The rationale behind this defense is that the driver was not negligent because the emergency was beyond their control, and therefore, they should not be held liable for the accident.
To successfully use this defense, the driver must prove the following elements:
1. Sudden Loss of Consciousness: The driver experienced an abrupt and unexpected loss of consciousness right before the accident, leaving them unable to control the vehicle. If the driver had prior knowledge of a medical condition or ignored warning signs, the defense would not apply.
2. Total Loss of Control: The loss of consciousness resulted in a total loss of control over the vehicle, meaning the driver was unable to operate the vehicle at all during the medical emergency.
3. Medical Emergency: The sudden incapacitation was due to a genuine medical emergency that required immediate treatment. Common examples include heart attacks, strokes, seizures, or severe diabetic reactions.
This defense is not applicable if the driver ignored a known medical condition or failed to follow their doctor’s advice regarding driving restrictions, as this would constitute negligence. The driver’s medical records are often crucial in establishing the legitimacy of the defense.
The Springfield, VA Car Accident Settlement
Through litigation, the defendant agreed with their insurance company to settle the claim. Given that had we advanced to trial, we could have indeed earned a judgment more than the $300,000 of insurance coverage that he had. However, based upon the risk of trial, our client was happy to resolve the matter for the insurance limits.
Brian Glass leads the BenGlassLaw personal injury team.
More Virginia Car Accident Legal Information
- A Guide to Soft Tissue Injury Settlements in Virginia Car Accidents
- Contributory Negligence in Virginia & Your Personal Injury Case
- After A Car Accident, Should I Go to the Hospital?
- $242,498 Settlement for Substantial Injuries to Fairfax Woman Caused by Hit and Run Driver
- Injured? Find Out What You Should Know Before Hiring An Injury Attorney