We’ve probably all read a story about a medical emergency causing a catastrophic car accident. Sometimes, accidents that look like the result of negligence actually turn out to be caused by an unknown illness or condition. When this occurs, it may be referred to as an Act of God accident. Even though these conditions pose a real threat, it may be possible for negligent drivers to use an act of God defense in an attempt to avoid legal retaliation.
The term “Act of God” is given to an event that occurs without any human assistance. Generally speaking, this term is used to explain dangerous weather events or unexpected and serious medical conditions. After an accident, when the fault has been assigned, and there is an assumption of negligence, the guilty party may try to use the Act of God medical event defense to avoid a lawsuit. While they may claim to have lost consciousness, had a reaction, experienced vertigo or blurred vision, the success of their claim may hinge solely on the factual and scientific evidence they can provide.
Occasionally, the Act of God or sudden medical emergency defense does not pertain to an accident. In the event a driver had knowledge of a pre-existing medical condition, an accident caused by a medical emergency may simply be their fault. However, if the driver did not know about the medical condition and in no way could prepare for the event or mitigate the damages done, they may use the Act of God or medical emergency defense.
For individuals injured in an auto accident caused by the negligence of someone else, it may be in their best interest to seek legal advice from a trusted personal injury attorney. Even in cases where the negligent driver is claiming Act of God or sudden medical emergency, a personal injury attorney may still be able to help plaintiffs receive compensation for their injuries.