Man Ejected From Vehicle in Rollover Accident
According to a KSAT News report, a man was in critical condition after a rollover accident on the South Side this morning at around 8 a.m. on August 22, 2022.
Police reported that the man was driving on Roosevelt at around 8 a.m. when he swerved right into the shoulder of the road. He then overcorrected, flipping his vehicle multiple times. The man was 44 years old and taken to Brooke Army Medical in critical condition. The police are investigating the accident to find out if the man was falling asleep or having a medical emergency while driving.
Did You Know?
Diabetic episodes cause 20% of auto accidents due to the driver having a medical emergency. An additional 11% are because of driver heart attacks, according to a 2009 study from the NHTSA.
Commonly Asked Questions About Auto Accidents Caused by Medical Emergencies in San Antonio
If you have any knowledge of personal injury law, you probably already know that blame for an auto accident falls on the driver or drivers who were negligent or reckless. But what happens if a driver causes an accident that seriously hurts someone because they had a heart attack or seizure at the wheel?
This blog will answer commonly asked questions about medical emergency accidents in San Antonio.
Determining Fault in San Antonio
Is a driver who causes an accident because of a medical emergency considered negligent in the eyes of the law? No, they are not — Texas law allows for a medical emergency defense called an “Unavoidable Accident Defense” or “Act of God Defense.” But, the driver is required to prove that they qualify for this defense by proving the following:
- The driver was suddenly incapacitated – this defense won’t work if the driver had time to pull over and avoid an accident. It has to happen suddenly enough to incapacitate the driver so they have no time to avoid an accident.
- The medical emergency wasn’t foreseeable – If the driver had a history of strokes or seizures, this element would be difficult to prove.
- The emergency caused the driver to lose control of the vehicle.
If these elements are proven, the driver is not legally responsible for paying damages for the accident. But, if another person was injured in that accident, they aren’t responsible either, so who pays for their injuries?
Compensation for Medical Emergency Accidents
Since Texas is an at-fault State, and no one is at-fault for an accident caused by a medical emergency, where does compensation come from?
Personal injury damages and property damage would be covered by the injured person’s uninsured or underinsured motorist coverage. Also, the incapacitated driver will have to get compensation for their injuries or vehicle damage from their own insurance as well.
Do I Need a Lawyer for a Medical Emergency Accident in San Antonio?
Accidents involving medical emergencies are legally complex and difficult to prove, no matter which side you are on. If you were involved in a medical emergency accident in San Antonio, you need an attorney to represent your personal injury claim.
Hire Carabin Shaw Personal Injury Attorneys
Our team of personal injury attorneys at Carabin Shaw has represented auto accident victims in San Antonio for 30 years. We know the complexities of medical emergency cases, and we care. Contact the experienced attorneys who put their clients first with a no-risk, no-obligation call at 800-862-1260 or the live chat at the bottom right of your screen. We look forward to working with you.