Crash in Wilmington Resulted from Driver Medical Emergency

Though vehicular accidents happen every day, crashes that result from medical emergencies are less common. However, when these dangerous crashes do occur, they are often extremely hazardous. In a medical emergency, the driver may lose control of their vehicle due pain, panic, loss of consciousness, or other symptoms. Individuals who are injured in such a crash may incur substantial injuries and property damage. An experienced Delaware car accident attorney fights for compensation to cover the costs of medical care, lost income, and other relevant damages. Our team at Silverman, McDonald, & Friedman serve clients in Seaford, Wilmington, Newark, and throughout Delaware.

On April 5, 2017, a multi-vehicle crash occurred at Trolley Square in Wilmington. According to bystanders, a seizure may have been the cause of the crash. “He was definitely having a seizure,” said Michael Callahan, a 25-year old resident of Wilmington, DE. Another woman, who did not wish to identify herself, saw that the man driving the vehicle was having a seizure and expressed her observations. “He had saliva coming out of his mouth. He wasn’t alert, slumped over, and hands up to his chest.”

Determining fault when a medical emergency occurs

In cases in which a medical emergency is the cause of a vehicular accident, the driver may not be held liable for injured victims. Under Delaware law, the sudden emergency doctrine specifies that the defendant is not held to the same duty of care as a person who had the time for thought, consideration, and reflection. As decided in Mahanes v. Shugars, “Where a driver of a vehicle suddenly becomes physically or mentally incapacitated without warning, he is not liable for injury resulting from the operation of a motor vehicle while so incapacitated.” Responsibility is placed on the defendant to provide documentation stating that he or she could not have anticipated the illness (or its effects), if a case of negligence has been established by the plaintiff.

What is an unforeseeable medical complication?
Medical emergencies, by their very nature, occur without warning. Some are brought on by an adverse reaction to medication; others, for no real reason at all. The more common unforeseeable medical complications include:

• Strokes
• Heart attacks
• Seizures
• Drop in blood pressure
• Fainting/blacking out

Certain circumstances are not considered a medical emergency, including:

• Driving against a doctor’s orders and advice
• Driving with history of a similar health condition
• Driving with predictable and perilous health conditions
• Driving under certain medications that warn against operation of a vehicle

In these situations, the driver may be held liable because he/she can foresee the risk of a car accident. In the recent multi-vehicle crash, it appears that a medical emergency may be the cause. However, a thorough investigation must be completed to determine whether other circumstances were at play.

It is important to meet with an experienced lawyer to discuss your case on an individual basis. At Silverman, McDonald & Friedman, our attorneys assist drivers who caused an accident due to medical emergency, as well as those individuals who may be owed compensation for injuries and property damage from an accident. Please contact us by calling 302-888-2900 or fill out our contact form to schedule your free consultation with a car accident lawyer in Seaford, Wilmington or Newark today.