Medical Emergency Defense in Car Accident Cases

Attorney Serving Cincinnati, Mason, Hamilton & Nearby Areas in Ohio

Recently the following was reported on line by fox news. An accident on the ramp leading out of Fort Washington Way to I-75 north and US-50 west resulted in a two car crash with injury. Police say the accident was caused when a person driving a car had a diabetic emergency at about 8:15 pm Tuesday night, causing him to crash into a wall. No word on the extent of the injuries of the drivers.

Recently I settled a case where a City of Cincinnati employee was driving in an apparent diabetic come.The defense attorney raised the fact that her diabetes caused the car crash in an attempt to exonerate her. I am very familiar with diabetes as I have represented many diabetics in an attempt to get them SSI benefits for their diabetes. So I'm very sympathetic to diabetics.  But if they are driving this should not exonerate them from responsibility for a car accident injury.

The Ohio law regarding sudden medical  emergency is that it must be a condition that is unforseen. The classic example is a heart attack. Luckily after I dug into this person's background, it was clear they had longstanding uncontrollable diabetes and had not even done the basic things to prevent a diabetic incident from happening. So we were able to achieve a settlement in spite of their assertion of sudden medical emergency.

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