Frequently Asked Questions
Who is at fault for a car accident in Massachusetts when the crash was caused by a medical emergency such as a heart attack or stroke?
A:
In the State of Massachusetts, car accident liability includes special circumstances for unforeseeable emergencies such as, the sudden onset of a heart attack or stroke in the operator of a vehicle.
If a person driving a motor vehicle has an unexpected medical emergency and as a result causes a car accident, they cannot be held liable for the collision. There are exceptions to these circumstances, however, if the medical emergency was foreseeable.
For example, let’s say a driver has a known heart condition and has been prescribed medication to help prevent heart attacks. If that heart patient was not properly medicated at the time he or she collided with another vehicle, they could be liable for any injuries and/or damages they caused as a result.
In order to determine liability under these circumstances, a Massachusetts personal injury lawyer would need to work with the heart attack victim’s doctor, examine medical records, speak with witnesses, and perhaps even seek the assistance of a third-party medical professional.
Since every case is unique and Massachusetts has a statue of limitations when it comes to filing a personal injury lawsuit, it’s important to consult an Andover personal injury attorney immediately after a car accident to help protect your rights, and those of your loved ones.
