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Is a sudden medical emergency a legitimate defense to a car accident in Virginia?

By Josh Silverman on October 02, 2013


If you have been injured in an automobile accident on a Virginia highway, it is not uncommon for the other driver to claim that he or she had a sudden medical emergency.  A true sudden medical emergency is a medical event that was entirely unforeseeable.  I have represented a number of people seriously injured in automobile accidents in Virginia where the defendant claimed a sudden medical emergency.  Fortunately the defense has fallen apart every time.

Examples of a true sudden medical emergency would include a stroke or a heart attack without any precipitating symptoms.  In many cases the warning signs were there, yet ignored.  In defending these cases, I always subpoena the defendant's medical records.  For example, in one case the defendant passed out causing the accident that caused my client to need major surgery to set multiple fractures in his arm.  In the course of our investigation we learned that he was a diabetic who had not eaten all day which caused him to pass out.  The case settled and my client was fully compensated.

If you have been in an accident you really should not assume that the insurance company will treat you fairly.  I represent victims of automobile accidents throughout Virginia.  You are welcome to call me for a free consultation at (804) 325-4992. 

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