Auto accidents are complex events that can be caused by (or are the result of) any number of factors. Drunk or distracted driving, vehicle defects, and reckless driving are factors that may indicate an element of negligence, and that could entitle a victim to compensation from any parties that are deemed liable in the case. There are also other factors that could either reduce or eliminate the negligence element in what initially appeared to be a “cut and dry” case.
An accident in which one driver appeared to be drunk, but then turned out to have a serious health condition, serves as a prime example. The following sections explain how health conditions in an at-fault driver may alter the outcome of a personal injury case. You shall also learn how an experienced attorney can protect your right to pursue full and fair compensation after an accident has occurred.
Health Conditions in At-Fault Drivers
Typically, an at-fault driver is deemed liable because their behavior or decisions caused an accident. When a health condition is present, it can decrease the liability of a driver who might have otherwise been considered “at-fault” for the accident. That does not necessarily mean that the victim has more fault in these situations. Instead, the fault is erased or eliminated, and the accident is rendered an unfortunate circumstance caused by unforeseen and unexpected events.
There is a caveat to such situations, however. If an at-fault driver with a health condition was aware of the risks and refused to manage their health or failed to follow his or her doctor’s medical advice (such as not driving after taking their medication), he or she may still be held liable for his or her actions. For this reason, accident victims should never assume that a health condition will automatically erase the fault of another driver. Instead, victims are encouraged to seek sound legal advice and assistance while pursuing compensation for the losses and injuries they have experienced.
Defining Negligence in an Auto Accident
Negligence is a complex, multi-faceted issue that should be examined by a qualified legal professional. Do not simply accept the insurance company’s word, or their first offer. Instead, contact Herrling Clark Law Firm, Ltd., where your right to pursue full and fair compensation is protected. Skilled and experienced, our Green Bay car crash lawyers will carefully analyze your case and explain your options. No matter what the circumstance, our seasoned team will aggressively pursue the most favorable outcome possible. Call 920-739-7366 to schedule your free and personalized consultation with us today.