There are many reasons that a driver may be held liable for injuries suffered by victims in a car accident. If the accident is deemed to be the fault of the driver, such as in a case where they were driving while distracted, or driving recklessly, they may be liable.
However, most states recognize the “sudden medical emergency” defense. This is a viable defense when a driver suffers from an unforeseen medical emergency that leads to an accident. The rationale behind the defense is that the driver was not acting negligently and therefore, cannot be held liable for the accident. The driver claiming to have suffered from the sudden medical emergency has the burden of proof to show the medical emergency did occur.
The Brunswick News reports that a family is now missing two parents after a tragic car crash.
The crash occurred Tuesday night at about 11:09 p.m. at Selden Park and Newcastle Street in Brunswick.
A 38-year-old father of two was driving a 2013 Nissan Rogue on Fourth Street approaching Newcastle Street when he suffered a sudden medical emergency. He lost consciousness and lost control of the vehicle.
The vehicle crossed Newcastle Road towards the Ross Road entrance of the park, where it struck a tree and overturned.
A 35-year-old female passenger died at the scene. The driver was flown to UF Health Hospital where he is not expected to survive.
The couple leaves behind two children, aged 13 and 16.
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