A Medical Emergency Is Not a Get-Out-of-Jail-Free Card in a Maryland Truck Accident
The truck driver has apologized several times. It was a “medical emergency,” he says, and nothing that could be helped. It was, in the purest sense of the word, an accident.
His explanation is clear and apologetic enough, but it doesn’t take away the pain you’ve endured since the Maryland truck accident occurred, nor does it pay for the ever-growing stack of medical bills left unopened on your counter.
Can anything be done when a medical emergency is at the crux of the crash that caused your Maryland accident injury? Are you still able to sue for damages? Do you even want to pursue a claim against a person who was powerless to avoid such an unforeseen issue?
The answer to all three questions is YES.
Medical conditions contribute to their fair share of accidents. Even a sneeze can cause a person to briefly lose control of the situation and the vehicle, but just because the sneeze “couldn’t be helped,” t is not a good reason to let the person off the hook for any resulting accidents.
Similarly, if the truck driver had a medical emergency that led to a serious truck accident, then the driver—and therefore his or her insurance—is still responsible for your injury.
This doesn’t mean that you’re the bad guy because you’re going after some poor soul who couldn’t help causing the wreck. It simply means that, as a victim, you deserve to be compensated for your injury and suffering regardless of what caused the crash.
You may also want to address the possibility that the driver did in fact know of the condition before the accident occurred. It is true that some medical conditions appear out of nowhere, but in most cases there are warning signs, some little red flag that tells the driver that something is wrong and the vehicle should be stopped.
You should also know that the driver might have reason to ignore or deny a certain medical condition. Why would a truck driver do this?
Because anyone who wants to become a commercial truck driver in Maryland must pass an extensive medical test. Various medical conditions automatically disqualify a driver from being able to perform the job. This means that a driver who thinks he or she might have a certain medical condition could very well be trying to hide the disease for fear of losing the job.
For a free consultation or more information, call the experienced Maryland truck accident attorneys of Nickelsporn & Lundin at 800-875-9700.