Can You Recover Compensation After a Car Accident Caused by a Sudden Medical Emergency in St. Louis?

You’re stopped at a light on Gravois when a sedan rolls up behind you. It doesn’t slow down. It plows into your bumper. Later, you learn the other driver had a seizure.

Can you still get paid for your injuries? Maybe. Cases like this are tricky, and the answer turns on one thing: could the driver have seen it coming? A St. Louis car accident lawyer can look at your facts. Here’s how these claims tend to work.

The “sudden emergency” defense

In these accidents, insurers and drivers love to argue. They argue that some medical phenomenon occurred that made the driver lose control of the car and not be negligent.

It’s a legitimate defense in many locations, and it makes some sense.  If someone blacks out behind the wheel, they didn’t decide to crash. Common examples are a prolonged blackout (losing sight or consciousness), heart attack, stroke, diabetic episode, or seizure.

But there’s a significant catch to the defense. The occurrence must be unexpected and unanticipated. If the driver should have seen it coming, then the defense is weaker.

When the defense falls apart

Look at what the driver knew before the accident. There are a few scenarios that can sink the argument.

It’s not because they got smitten by a bolt out of the blue that fuzzy dizzy/weird/weak feeling they get and then getting behind the wheel anyway. They had a warning of sorts and they ignored it. Or maybe a driver knew they had a condition and were in trouble. Like if a doctor warned them not to drive or they passed out previously. But furthermore, what about just forgetting your meds for a problem you’re currently treating?

So the inquiry isn’t simply “did something medical happen?” It’s “what did the driver know, and what did they do?”

Why the records matter

You can’t read the mind of the driver, and nor can you read his or her medical file. But an attorney can get records by subpoena. That might show whether the disease was diagnosed, whether the driver got treatment, whether anyone even warned him.

There is also the issue of timing. The medical incident must occur before the crash. If the crash knocked the driver out, that’s a different situation.

This is where witnesses may assist. Perhaps someone saw the driver collapse over, or saw the car swerving for a block before the incident. Phone records and dash cam footage help fill in the blanks.

Can you still get paid if the defense wins?

Sometimes the answer is no to the driver, and that’s a hard pill to swallow. You just can’t recover that driver if it truly was an unforeseen situation. That’s a rough result for an innocent party.

You may have alternative choices. Depending on the coverage you chose, your personal auto insurer may assist with car repairs and hospital expenditures. Your health insurance may pay for treatment. Talk to your insurer as soon as possible after the accident and read your policy.

Sometimes fault is shared. If the driver was an employee, the attorney may ask what the company knew about the driver’s condition. Every case is different.

Missouri’s fault rule

Missouri uses pure comparative fault. If a jury says you share blame, your payout drops by your share. You can still recover money unless you’re found fully at fault.

In a medical emergency case, insurers may also say you could have avoided the crash. A jury might agree in part. That’s another reason to keep your statements short.

What to do after the crash

Get medical care first, even if you feel okay. Neck and back pain can show up a day or two later.

Call the police and get the report number. Take photos of the cars, the road, and your injuries. Note anything the other driver says about feeling sick, passing out, or taking medicine. Get witness names and numbers before they leave.

Skip recorded calls with the other driver’s insurer until you’ve talked with a lawyer. They may sound friendly, but their job is to limit what they pay.

What you can claim

If you have a claim, it can cover medical bills now and later. It can cover the pay you lost while you couldn’t work. It also covers pain, stress, and the way the injury changed your daily life.

If a loved one died, the family may have a wrongful death claim with its own rules and a shorter deadline. Consult with a skilled St. Louis wrongful death lawyer as soon as possible.

How long you have

Most Missouri personal injury lawsuits must be filed within five years. Wrongful death claims generally have three. Exceptions exist, but don’t count on them. Medical records and video don’t last forever, so start early.

FAQs

1. What is the sudden medical emergency defense?

It’s an argument that a driver wasn’t careless because a medical event, like a seizure or heart attack, struck without warning. The event usually has to be sudden and unforeseeable for the defense to work.

2. Can I still file a claim if the driver had a medical emergency?

Often, yes. A lawyer can look at whether the driver knew of a condition, ignored symptoms, or skipped treatment. If the event truly couldn’t be foreseen, your own insurance may be your best route.

3. When does the defense fail?

It often fails if the driver had warning signs and kept driving, was told not to drive, or knew about a condition and ignored treatment. The medical event also has to happen before the crash, not because of it.

4. What if the other driver isn’t responsible?

Check your own insurance. Your auto policy may help with repairs and medical bills, depending on your coverage. Your health insurance may help with treatment. Ask a lawyer about anyone else who may share blame.

5. How long do I have to file in Missouri?

Most personal injury lawsuits must be filed within five years. Wrongful death claims generally have three. Exceptions exist, so ask a lawyer about your dates.

Get answers from someone who has time for you

A medical emergency crash could hit you and you know how unfair it can be. Attorney Kevin Roach has been practicing since 2003 and formed St. Louis Roach Law Car Accident Lawyers; he only takes on a limited number of clients so each case can have more direct attention from attorneys. Share your experience with us. This article is meant to provide general information only and does not constitute legal advice.