According to reports, a medical episode may be to blame for the car crash that left a 12-year-old girl injured and the 79-year-old driver dead. Around 10 p.m., police received reports of a car that had crashed into a home on Rexford Place. Police determined that the 2007 Honda Accord, driven by Arthur Elton Marvin, ran through the T intersection and crossed a parking lot where it went through a block wall and into the house. The child, who was asleep in the home, was injured by debris from the crash and taken to University Medical Center. The driver was declared dead at the scene. His cause of death has yet to be determined, though police suspect he may have suffered from a medical episode right before the crash.
Medical Episodes and Personal Injury
Medical issues can interfere with a driver’s ability to safely operate a vehicle. If you have poor health, it is important to assess if it is safe for you to drive. Those who suffer from health issues could cause a traffic accident if their issue affects them while they are driving. If you are taking any medication for a health issue, be sure you are well-informed about the potential side effects, especially dizziness, drowsiness or seizures, as these could greatly affect you while driving.
In some cases, those who receive treatment and medication can still suffer a medical episode while they are driving. The National Highway Traffic Safety Administration (NHTSA) estimates that around 1.3 percent of accidents are caused by medical episodes. This is actually a small percentage, especially compared to other leading factors like drunk or distracted driving. Though small, this type of accident does happen and can lead to serious injury and even death for the driver, passengers and others on the road.
How to Build a Case Against a Driver Who Claims a Medical Episode as a Defense
In some personal injury cases, the driver may claim that a medical issue, not negligence, caused the accident that left you injured. Even if this is true, a large number of past personal injury cases that used this defense were still decided in favor of the victim. This is because juries and judges often do not see a medical episode as a valid excuse for an accident. In some cases individuals were either lying or they did not make a better effort to control their medical issue, like taking proper medication.
If you have been injured in an accident that was caused by a driver who claims a medical episode as a defense, speak with a personal injury attorney at Bernstein & Poisson in Las Vegas today. We have the experience you need to build a case against any type of at-fault driver.