Car accidents have a variety of causes, some of which include unexpected medical emergencies like heart attacks, strokes, or passing out while behind the wheel. Since this almost always leads to car accidents with other drivers on busy roads, many states have adopted the medical emergency defense as a way to defend yourself as a driver if you had a Dade County car accident due to one of these medical emergencies. The tricky part is proving this defense. An experienced Florida Auto Accident Lawyer can help you with this.
What Is the Florida Medical Emergency Defense?
There are some common misconceptions about when the Florida medical emergency defense can be used as a legitimate defense for causing a car accident. For one, you cannot use this defense if your medical emergency could have been foretold and prevented with something like medication. If your doctor told you that you cannot drive because of a medical condition or prescription medications, then your medical emergency defense may not work.
The three main things you do need to use the medical emergency defense are losing control before the accident, you lost control solely because of your medical emergency, and this is what caused the accident. Using your phone while driving or misperceiving where the other driver was, does not count and may hurt your defense if the other driver witnessed you doing this right before the accident. Some common medical conditions used with the medical emergency defense include:
- Adverse reactions to medications or food
- Diabetic comas
- Unexpected fainting
- Blood pressure drops
- Mental breakdowns
Be sure to talk to a doctor about all the symptoms you experienced leading up to the accident. The medical records of this will be vital for your car accident defense claim.
Ways to Fight Back with Florida Car Accident Evidence
When your medical emergency defense claim is challenged by the other driver or the auto insurance company, you can always strengthen your defense with Florida car accident evidence ranging from physical evidence to witness testimonies. Since your defense involves a medical emergency, your medical records will be the most important piece of evidence. Make sure you have your doctor detail everything you experienced right before the accident.
You will also want to take pictures of your injuries and vehicle damages as physical evidence. Always call 911 when anyone is injured so you can later gain access to a copy of the police report. Witnesses are also important, especially if there was a passenger with you. Write down witness names, contact information, and statements. Florida pedestrian accidents are complex and may require legal help.
Florida Auto Accident Lawyer
Defending yourself after a major car accident can be overwhelming to do alone. Contact Piedra Law Injury Attorneys at (855) 881-4878 to talk to a Dade County Serious Injury Attorney for a free consultation today. Working with our Florida car accident lawyers could mean securing yourself compensation for medical costs, pain and suffering, and lost wages. We help clients in Miami, Dade County, Broward County, Hialeah, Fort Lauderdale, Pembroke Pines, Hollywood, North Miami, Sunrise, Coral Springs, Pompano Beach, Deerfield Beach, Doral, Kendall, and Homestead, Florida.