Northwest Indiana personal injury lawyer explains liability or lack of liability if a medical illness causes a car, motorcycle or truck crash.
You're injured in a car, truck or motorcycle crash somewhere in Northwest Indiana. You think the other driver is responsible for the crash because s/he blew a stop light. You begin negotiations with the other insurance company and they do not accept responsibility for the crash. The insurance company takes the position that the other driver was at fault because s/he suffered an unknown medical illness.
Is the insurance company correct? Can the other driver escape responsibility for your insurance? Maybe! Sometimes the law seems unfair. At times Indiana personal injury law can be complex. In this situation, the general rule is this:
The driver of an automobile who suddenly loses control of his car because he is seized with a heart attack, a stroke, a fainting spell, is not liable unless he knew that he was likely to become ill, in which case he is to be found negligent in driving the car at all. The same conclusions are reached when the defendant's car is struck by another vehicle and thrown out of control.
So the law is this. If the driver knew of an underlying problem that could cause the illness s/he will be liable. But if the illness suddenly out of the blue, the other driver will not be responsible for your injuries under the law.
In situations like this it is probably best to retain a lawyer who can do the necessary research and get information about the other driver's health history to see if the medical condition was foreseeable.
If you have any questions about an Indiana car accident, call our Michigan City personal injury lawyers at (219) 874-4878 or fill out the internet consultation form on the right.