According to Arlington Police, Michael Jarrett, 72, was heading west on Abram Street when he “suddenly and apparently for no reasons” veered off the road, striking a concrete pillar underneath the Fielder Road overpass. First responders pronounced Jarrett dead at the scene. While investigators are still examining what caused Jarrett to swerve off the road, one theory is that Jarrett was suffering from a medical episode.
Car Wrecks Caused by Heart Attack or Stroke
After a car collision in Texas, the injured party may seek reimbursement for their injuries by holding the negligent party accountable in a civil liability dispute. However, suffering a sudden, unforeseen medical emergency does not meet the definition of negligence. The sudden emergency defense in Texas helps the “negligent” party avoid or reduce their liability.
Sudden Emergency Doctrine in Texas
Attorneys may use the sudden emergency doctrine in a defense to combat allegations that their client acted negligently. Examples of more common emergencies may include: a child choking, a tire blowout, vehicle malfunction, a truck losing its load, something obstructing the driver’s vision, or a child suddenly darting into the road. The motorist is in a situation to pick the better of two evils, and fast. Maybe the driver swerved after seeing a child run into the street, causing the motorist to strike the car in the lane next to them instead of the child. There was a sudden and immediate emergency that would have resulted in some level of disaster, despite the course of action taken.
Sudden Medical Emergencies
In cases where an unexpected medical emergency causes a car wreck, the defendant may utilize the sudden emergency doctrine as well. Some examples of sudden medical emergencies include:
- Heart attack
- Unknown diabetic condition – i.e. unexpected drop in blood pressure.
One of the only ways to utilize sudden medical emergency defense is determining the medical condition was unforeseeable. The motorist must prove that they undoubtably did not know any of the preexisting condition may have led to the emergency, and that it inhibited them in a total loss of control.
A sudden emergency doctrine can be difficult to prove, especially after suffering the medical conditions that caused the collision in the first place. An experienced car wreck attorney should be present to negotiate and defend you as needed, as we do so often for others.
Older Driving Safety Awareness
Recognizing changes in driving habits and capabilities is the first step in keeping everyone on the road safe. Collaborating to support older drivers’ goals, and the needs of the community for safe, accessible transportation makes it possible for older motorists to make adjustments based on their body’s needs.
Arlington’s 5-Star Rated Car Wreck Lawyer
Angel Reyes – Reyes Browne Reilley recognizes that Americans today are healthier and more active than ever before. What’s more, senior drivers are among the safest drivers on the road. Senior citizens are by far more likely to wear seatbelts, not drink and drive, as well as obey speed limits; however, are unfortunately more likely to be injured or killed due to age-related fragility. Medical emergencies are not limited to age, and Reyes Browne Reilley recognizes that human’s fall victim to their own bodies every single day. But you do not have to feel taken advantage of. Let our team help you take back control. To learn more, contact us immediately for a 100% free consultation. Tap above to call us, or submit a form here now.