Idaho Statesman Reports Injury to Driver with Medical Emergency

In today's Idaho Statesman online, I read the following story about a man being resqued from his vehicle after a one car accident apparently caused by a medical emergency.  You can read more about the accident here:

http://www.idahostatesman.com/2010/01/29/1061233/witnesses-rescue-driver-after.html?storylink=mirelated

Hypothetically Speaking

Suppose the driver in this accident had struck another vehicle and caused damage or injury.  Could he be held responsible for the damages caused?  The answer to this question might surprise you. 

What Did the Driver Know, and When Did He Know it

The answer to this question depends upon what the driver knew about his medical condition and when he knew it.  In order for someone to be responsible for the injury done to another, the law requires that he be guilty of some kind of negligent or harmful act.  Someone who loses control of his or her vehicle due to a sudden medical emergency is not automatically responsible for any injury or damage caused.  Liability or fault will largely depend on whether or not the individual actually had or should have had knowledge of the medical condition and whether or not the individual took all the proper precautions to prevent the emergency.  If someone truly has no reason to believe he or she has a medical condition that might create an emergency, the law will not hold him or her responsible for damages caused when an emergency does occur.

Bob Jacobson is a personal injury attorney in Boise, ID