Recently in Claremont, New Hampshire, a pickup truck crashed through the wall of an awning and boat cover business. No one was injured, but authorities later confirmed
the driver was the same individual who, just six months earlier, struck a group of pedestrians at a New Year’s Eve event. The crash injured several victims, two of whom had to be airlifted to a hospital and suffered months of pain and rehabilitation. In both crashes, police reports cited a “medical emergency” as the cause, and no criminal charges were filed. As these accidents show, when a driver loses control of a vehicle because of a sudden medical emergency, the consequences can be catastrophic. But it also raises the question: who is at fault in this situation? If you’ve been involved in a car or truck accident where the crash occurred due to a medical event, you should speak with a lawyer as soon as possible. You might be entitled to financial compensation. Reach out to the New Hampshire Personal Injury lawyers at Tenn And Tenn, P.A. at
603-619-4225 or contact us
online for a free consultation. We represent clients all over the state, from Colebrook to Nashua.
The “Sudden Emergency Doctrine” Defense
Under New Hampshire law, a car or truck driver may avoid liability for an accident they caused if they can prove that a sudden, unforeseeable medical event caused the crash. This is sometimes called the “sudden medical emergency” or “blackout” defense. The defense is only valid if the driver has no warning that they are about to lose consciousness or control, and they could not have reasonably taken steps to prevent the accident. Common medical events that occur behind the wheel include seizures, heart attacks, or strokes. That said, the
New Hampshire Supreme Court has established that the defense only applies under two conditions:
The medical episode must have been truly unforeseeable.
A driver with a known, unstable medical condition may still be liable if they choose to drive despite the risks.
The condition directly caused the crash.
The driver must show clear medical evidence linking the episode to the loss of control. What’s more, if the driver had prior warning signs of a potential medical event, such as dizziness, previous episodes, or a doctor advised them not to drive, the defense may fail.
Who Is Liable When a Medical Emergency Causes a Truck Crash?
Ultimately, liability in these cases depends on the specific facts and circumstances. If the medical episode was truly sudden and occurred without any warning, the driver may not be held legally responsible. In these cases, insurance may still cover the resulting damages, but the driver might avoid personal fault. However, if the driver ignored medical advice or concealed a known condition, they might be held liable for injuries and property damage caused by the crash.
How Can You Recover Compensation in a Truck Crash Due to a Medical Emergency?
When a medical emergency defense applies, recovering damages can be complicated. New Hampshire follows a
modified comparative negligence standard. This means:
- You can recover damages only if you are 50% or less at fault for the accident.
- If you are partly at fault, your compensation is reduced by your percentage of fault.
- If you are more than 50% at fault, you cannot recover any damages.
In a medical emergency crash, fault can hinge on whether the driver should have reasonably foreseen the risk of suffering a medical event. For example, if the driver ignored medical restrictions or symptoms, they may bear 100% of the fault. If the medical episode was truly sudden and unforeseeable, the driver might bear little or no fault.
Talk to an Experienced New Hampshire Personal Injury Lawyer
If you or someone you love has been injured in an accident involving a driver who suffered a medical episode, it’s essential to have an experienced New Hampshire personal injury attorney review the circumstances as soon as possible after the crash. In the Claremont New Year’s Eve crash, the families reported they had not been compensated for medical bills or lost wages yet, months later. Insurers are still determining whether the incident was “preventable.” If you’ve been in a car or truck accident involving a medical event, contact the skilled New Hampshire personal injury lawyer of Tenn And Tenn, P.A. today. Our legal team has represented countless personal injury accident victims throughout New Hampshire, including Londonderry, Lebanon, Portsmouth, and more. We understand how frustrating and difficult it can be to seek a resolution in an accident with a driver who had a medical event, and we will fight to ensure you receive any compensation due. Contact us today at
603-619-4225 or
online for your free evaluation.
