On February 4, 2010, a 79-year-old woman was killed when her husband suffered a medical condition while driving the couple's car and crashed into a tree in Clinton, Maryland. The driver of the vehicle lost control of the vehicle and hit the nearby tree. Both occupants of the vehicle were taken to a local hospital were the passenger was pronounced dead.
Many auto insurance policies that carry personal injury protection also carry a specific death benefit coverage that can be paid in the event that a death should occur as the result of an accident. This benefit generally ranges from $1,000.00 to $5,000.00. It is important to review the terms of your policy to verify whether or not your policy has such a benefit.
With respect to liability, if you are injured by a person who has a medical emergency several things may need to be proven. First, did this person have reason to believe that their medical condition could put themselves or others at risk. For example, if a person has a seizure and it causes an accident, did that person know of the seizure disorder prior to the collision. Additionally, if you were a passenger, did you know of the condition? If so, and you still went for a drive, your claim may be barred by the doctrine of "assumption of risk." Since several factors come into play in these cases, even you think you did nothing wrong, do not talk to an insurance adjuster without first consulting an attorney.
If you, a family member, or someone you know was injured in an accident as the result a medical condition or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.
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