A medical emergency can happen to anyone when they least expect it. But what happens when the driver who rear-ended you or caused a car accident says they had a medical emergency? Is the wreck still their fault? Does their insurance company still have to pay for your injuries and damages?

The answer is not always clear and can depend on the specific circumstances under Texas law.

A driver may argue that a sudden and unforeseeable medical emergency caused them to lose control of the vehicle and that they should not be held responsible for the collision. This is sometimes referred to as unforeseeable incapacity.

But simply claiming to have suffered a medical emergency does not necessarily excuse a driver from liability for a Texas car, truck, or commercial vehicle accident.

The key question is often whether the driver’s incapacity was truly sudden and unforeseeable. If the driver knew or reasonably should have known that a medical condition could cause them to become incapacitated while driving, the circumstances may be very different.

Can a Driver Avoid Liability by Claiming a Medical Emergency Caused the Accident?

Potentially, but the existence of a medical emergency does not automatically mean the driver is free from responsibility.

If a defendant driver claims that a medical emergency caused the car accident, the driver may raise unforeseeable incapacity as a defense to a claim that they negligently caused the wreck.

Generally, the defense depends on establishing that:

• the driver became incapacitated before the collision;
• the incapacity caused the accident; and
• the driver’s incapacity was not reasonably foreseeable.

Depending on the circumstances, expert testimony and medical evidence may be necessary to establish or challenge one or more of these requirements.

This means an insurance company’s statement that “our driver had a medical emergency” does not necessarily end your car accident claim.

What Does “Unforeseeable Incapacity” Mean in a Texas Car Accident Case?

The basic question is whether the driver had reason to anticipate the medical event before getting behind the wheel or before the collision occurred.

Someone who suffers a genuinely sudden and unforeseeable medical event while driving presents a different situation from a driver who knew about a condition, experienced warning signs, failed to take prescribed medication, ignored driving restrictions, or had experienced similar medical episodes in the past.

In other words, determining fault for an accident caused by a medical emergency often requires looking beyond the fact that the driver experienced a medical problem.

The driver’s medical history, symptoms, knowledge, restrictions, medication, prior episodes, and actions before the collision may all become relevant.

What if the Driver Knew About the Medical Condition Before the Accident?

Whether the defendant driver was negligent may depend heavily on whether it was reasonably foreseeable that the driver’s medical condition could cause them to become incapacitated while driving.

For example, if the driver had a history of similar episodes or had been instructed not to drive because of a medical condition, those facts may be relevant when determining whether the claimed incapacity was truly unforeseeable.

Some of the factors a jury or court may consider when evaluating whether a driver’s medical emergency was foreseeable include:

• when the driver was diagnosed with the medical condition;
• whether the driver was subject to any driving restrictions;
• whether the driver felt sick or experienced warning symptoms before the accident;
• whether the driver regularly took prescribed medication;
• whether the driver had experienced previous similar medical episodes;
• whether the driver had an opportunity to react after symptoms began;
• whether the driver took precautions against a known medical risk; and
• whether the driver attempted to stop, slow down, or pull over before the collision.

The facts surrounding the medical event can therefore be extremely important when determining who is responsible for a car accident caused by a medical emergency.

What if the Driver Failed to Properly Manage a Medical Condition?

A driver generally cannot transform a foreseeable medical event into an unforeseeable one simply by calling it an emergency.

If a driver knew about a medical condition that could interfere with the ability to safely operate a vehicle, evidence concerning how the driver managed that condition may become important.

For example, an investigation may consider whether the driver followed medical advice, complied with driving restrictions, took prescribed medication, responded appropriately to warning symptoms, or experienced similar episodes before the accident.

If the evidence shows that the driver knew or reasonably should have known there was a risk of becoming incapacitated, that may undermine an argument that the medical event was completely unforeseeable.

What if a Commercial Truck Driver Claims a Medical Emergency Caused the Accident?

A claimed medical emergency can raise additional questions when the person operating the vehicle was a commercial truck driver, 18-wheeler driver, delivery driver, or other commercial vehicle operator.

Depending on the type of commercial driving involved, the investigation may include whether the driver had been medically evaluated and was qualified to operate the commercial vehicle, whether there were applicable medical restrictions, and whether the driver or company knew about a condition that could affect the driver’s ability to safely operate the vehicle.

Relevant evidence in a commercial vehicle accident involving a medical emergency may include:

• the commercial driver’s medical certification and qualification records;
• prior medical examinations;
• applicable driving restrictions;
• previous medical episodes or symptoms;
• medication history;
• the driver’s statements and actions before the collision;
• company records concerning the driver’s ability or qualification to drive; and
• electronic or other evidence showing whether the driver attempted to brake, slow down, or pull over.

These cases may require an investigation not only into the actions of the commercial driver, but also into what the driver’s employer or motor carrier knew before the crash.

What Evidence Can Show Whether a Driver’s Medical Emergency Was Foreseeable?

When an insurance company claims its driver should not be responsible because of a sudden medical emergency, determining what happened may require significantly more evidence than the police crash report alone.

Depending on the circumstances, relevant evidence may include the driver’s medical history, prior medical episodes, driving restrictions, medication records, witness statements, emergency medical records, and testimony from medical experts.

Evidence from the vehicle itself may also be important. In some cases, electronic vehicle data, dash-camera footage, surveillance video, or other evidence may help establish what the driver did immediately before the collision.

In a truck or commercial vehicle accident, additional driver qualification, medical certification, employment, and company records may also be relevant.

What Should You Do if the Insurance Company Blames a Medical Emergency for Your Accident?

If you were injured in an accident and the other driver’s insurance company says it is not responsible because its driver suffered a medical emergency, you should not assume that the insurance company’s position is correct.

Whether the driver experienced a medical event is only part of the analysis. An important question may be whether that event was actually unforeseeable.

Investigating that question can require obtaining evidence that an injured person may not have access to without legal process, particularly when the accident involved a commercial truck or company vehicle.

Because some evidence can disappear or become more difficult to obtain over time, investigating the circumstances surrounding the driver’s claimed medical emergency can be important to determining whether you have a claim.

Talk to a Texas Car or Truck Accident Attorney About a Medical Emergency Defense

If you were injured in a car accident, 18-wheeler accident, truck accident, or commercial vehicle accident in Houston or anywhere in Texas and the other driver or insurance company claims a medical emergency caused the crash, Mostyn Law can help investigate what actually happened.

Our Texas car and truck accident attorneys can evaluate the circumstances surrounding the claimed medical emergency, investigate whether the driver had prior warning of the condition, identify and preserve relevant evidence, and determine whether the driver or another party may be legally responsible for your injuries.

Contact Mostyn Law today for a free consultation about your Texas car or commercial vehicle accident claim.