While no one will argue that most vehicle accidents could have been prevented if the drivers were following the rules of the road, IE not talking on their cells phones, speeding or driving erratically. However, we see accident victims everyday that were just simply in the wrong place at the wrong time.
For example, a horrible accident in Crosby, Texas that occurred on Monday, July 27 around 2p.m. involved a truck driver who lost control, possibly after suffering a medical condition and an unlucky woman crossing the driveway of a fast food restaurant.
According to the Harris County Sherriff’s Office, the driver of a 2008 Chevrolet pickup was traveling north on F.M. 2100 at a high rate of speed when he crossed over the southbound lanes jumped a curb and hit the pedestrian. The truck continued moving, hitting a utility pole and trees before coming to a stop. The woman hit, died at the scene of the accident. We offer our condolences to the victim’s husband, family and friends.
While this accident is still under investigation, one witness said that the truck driver may have had a seizure causing him to lose control of the vehicle. This could lead to the question of whether a driver is at fault when the accident is a result of a medical condition.
This could depend on whether or not a driver has prior knowledge of his or hers condition. If it is determined that there’s a history of uncontrolled seizures and knew one could occur while driving, those injured might be able to recover damages against the driver. On the other hand, they might not be considered at fault if there was no prior health condition causing the seizure. This is also true for any medical condition which could impact one’s ability to maintain control of your vehicle. For example, if the driver suffered a heart attack while driving investigators must decide if the driver have a history of heart issues or is it considered a sudden medical emergency.
If you have a pre-existing medical condition, we urge you to have a serious discussion with your doctor on how it may affect your ability to drive. You do not want to put yourself and innocent people at risk.
If you are injured in an accident, it is vital that you are aware of your legal rights. Do not hesitate to contact our accident attorneys for legal advice, especially if you feel that you may have been put at risk by an unsafe driver.