Who’s Liable When Illness Causes a Crash in NJ?

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When a car accident occurs, the first question that often arises is: who is at fault? Typically, fault is assigned to a driver who acted negligently—perhaps they were speeding, texting, or ran a red light. However, what happens when the cause of the crash wasn’t negligence but a sudden medical emergency?

In New Jersey, the law provides certain legal protections for drivers who suffer an unexpected health event behind the wheel. Still, these protections come with limitations and do not automatically excuse liability. Victims also have the right to seek compensation, but the process can be complicated when a medical episode is involved.

This article explores how sudden medical conditions affect car accident liability in New Jersey, what legal defenses may apply, and what both drivers and victims need to know in these often emotionally and legally complex situations.

 

What Is Considered a Sudden Medical Emergency in New Jersey?

A sudden medical emergency is a health-related event that occurs without warning and leaves a driver physically or mentally unable to control their vehicle. These incidents differ from chronic conditions, which can be managed through consistent care and medication.

Examples of Sudden Medical Emergencies

Common examples of sudden medical emergencies include seizures, heart attacks, strokes, fainting spells, diabetic hypoglycemia, and aneurysms. These events can impair a driver’s ability to remain conscious, respond to traffic signals, or maintain control of their car.

Legal Definition of “Sudden”

In the legal context, the key factor is unpredictability. The event must occur without warning. If the driver had no reason to believe they were at risk, the law may treat the event as a sudden emergency—potentially excusing them from liability.

 

The Sudden Emergency Doctrine and How It Applies in New Jersey

New Jersey courts recognize the Sudden Emergency Doctrine, which allows drivers to defend themselves against liability if they lose control of their vehicle due to a health emergency.

Requirements for the Doctrine to Apply

To successfully use this defense, the driver must show:

1. The medical condition came on suddenly.
2. They had no previous warning or diagnosis indicating such an event could happen.
3. The episode left them unable to react or control their vehicle.

This doctrine does not excuse all crashes involving medical conditions. It’s only applicable if the event was truly unforeseen and unpreventable.

Proof and Medical Records

Courts will examine the driver’s medical history, treatment records, prescriptions, and prior symptoms. If there’s evidence of a known risk, the defense may not apply. A person who has never experienced a seizure before may qualify; a person with repeated blackouts who ignored medical advice likely will not.

 

When Is a Driver Still Liable Despite Having a Medical Condition?

Even if a medical condition caused the crash, a driver may still be held legally responsible under certain circumstances.

Known Conditions Increase Liability Risk

If the driver had a diagnosis for a condition known to cause blackouts or loss of consciousness and still chose to drive, they may be found negligent. This is especially true if a healthcare provider advised them not to drive or if they failed to take medications properly.

Failing to Follow Medical Advice

Driving against medical advice is a strong indicator of negligence. A driver who suffers a crash while ignoring clear restrictions—for example, after being warned not to drive due to epilepsy or uncontrolled diabetes—will have difficulty arguing that the incident was sudden and unforeseeable.

 

Insurance Claims After a Medical Emergency Crash

Whether you’re the driver who experienced a medical episode or the victim of the resulting accident, insurance becomes a major factor.

Challenges for Drivers

If the driver caused the crash due to a medical condition, their insurer will investigate whether the episode was truly unforeseeable. If they conclude that the driver should not have been on the road, coverage may be limited or denied altogether—especially if the driver failed to disclose a known medical issue when obtaining the policy.

Challenges for Victims

Victims often face a different set of hurdles. If the other driver claims a sudden medical emergency defense, it may complicate third-party injury claims. However, under New Jersey’s no-fault system, victims are entitled to Personal Injury Protection (PIP) benefits from their own insurer, which helps with immediate medical costs and lost wages regardless of fault.

When Lawsuits Are Still an Option

If the injuries are serious enough, victims can go outside the no-fault system and file a lawsuit. In that case, the burden will be on the victim to challenge the medical emergency defense and show that the driver acted negligently by choosing to drive despite known risks.

 

What to Do After an Accident Involving a Medical Emergency

Whether you are the driver or the injured party, there are key steps you should take after a crash involving a possible medical issue.

Steps for Victims

1. Call 911 and ensure safety for everyone involved.
2. Document the scene with photos, witness accounts, and vehicle damage.
3. Ask questions about what happened—if possible, try to determine whether the driver appeared ill or lost consciousness.
4. Get medical treatment, even for minor injuries.
5. Report the crash to your insurer and consider contacting an attorney to evaluate your case.

Steps for Drivers

If you suffered a medical episode, it’s essential to:

1. Seek emergency medical attention.
2. Inform your insurer honestly about what occurred.
3. Speak with your physician and document any medical evaluations or changes in diagnosis.
4. Get legal advice before giving statements to other parties or their insurers.
   

 

Legal Consequences and Comparative Negligence

New Jersey uses a comparative negligence system. This means both parties can be assigned a percentage of the blame, and their compensation will be adjusted accordingly.

How Comparative Negligence Works

If a court finds that a driver is 80% at fault and the victim is 20% at fault—for example, if the victim was speeding—the damages awarded to the victim will be reduced by their share of fault.

This is especially relevant in cases involving sudden medical emergencies. A court may determine that while the medical event contributed to the crash, the driver was partially at fault for ignoring a known condition. In these cases, the emergency defense may reduce, but not eliminate, the driver’s liability.

 

Frequently Asked Questions

Can I sue someone who had a medical emergency while driving?
Yes, you can sue someone who caused an accident due to a medical emergency, but your ability to succeed depends on whether the emergency was truly unforeseeable. If the driver had prior knowledge of their condition, such as a history of seizures, heart problems, or other medical issues, and chose to drive anyway, they may still be held liable for negligence. The court will consider medical records, the driver’s past behavior, and whether any warnings were ignored.

Is a heart attack considered negligence in a car accident?
A heart attack in itself is not automatically considered negligence. However, if the driver had prior heart conditions, experienced symptoms leading up to the episode, or had been advised not to drive, they might be found negligent. New Jersey courts look closely at whether the medical event could have been predicted or prevented based on the person’s health history.

What if the driver who hit me had a seizure? Are they still responsible?
It depends on whether the seizure was expected or entirely unpredictable. If the driver had epilepsy or a known seizure disorder and failed to manage their condition properly or ignored medical advice not to drive, they may still be responsible for the accident. The sudden medical emergency defense only applies when the episode was completely unexpected and the driver had no reason to anticipate it.

Can insurance deny a claim if the crash was caused by a medical condition?
Yes, insurance companies can deny or dispute a claim if they determine that the medical condition was known and not disclosed or if the policyholder failed to take reasonable precautions. For victims, it’s possible that the at-fault driver’s insurer might try to avoid paying out by citing a sudden emergency, but this does not automatically prevent you from pursuing compensation through your own policy or a legal claim.

What happens if the medical episode was the driver’s first?
If the driver had no history or symptoms of the condition and the medical episode occurred suddenly, they might be protected under New Jersey’s sudden emergency doctrine. This means they could be excused from legal liability, depending on the facts of the case. However, this defense must be proven with evidence such as medical evaluations, emergency room records, and witness statements.

 

Contact The Epstein Law Firm, P.A., Today

Car accidents caused by sudden medical emergencies present one of the most complex liability scenarios in New Jersey law. While the state does allow for a legal defense in such situations, that defense comes with strict requirements. Drivers must prove the event was genuinely unforeseeable and did not stem from a known or manageable condition.

Victims, meanwhile, should understand that even if a medical episode is involved, compensation is not out of reach. With strong documentation and legal guidance, they may be able to prove negligence and recover damages for their injuries.

If you’ve been injured in an accident involving a medical emergency, or if you experienced such an episode while driving, it’s important to understand your legal options.

Contact The Epstein Law Firm, P.A., today to protect your rights, evaluate your case, and help you navigate the legal and insurance systems involved in these challenging circumstances.