Elderly Driver Dies after Crashing into Dunwoody Home


September 25, 2015

An elderly driver tragically died after crashing into a Dunwoody home, which frightened residents, but thankfully left them unharmed. In early July, the homeowner reports that she, her husband and their two children were asleep upstairs in their brick home when they heard a loud noise at about 4 a.m. They thought the sounds were perhaps an earthquake or fallen tree and rushed downstairs, only to find a car in their living room. The room was filled with smoke and the homeowners acted quickly to call 911.

Firefighters arrived to combat the blaze and discovered the car in the home, according to the Atlanta Journal Constitution. The driver was pronounced dead and while police suspect a medical problem may have led to the impact, investigators have not formerly reached a conclusion as to causation.

Medical Conditions and Car Crashes

There are several medical conditions that can result in car accidents if experienced by a driver while behind the wheel. These include epilepsy and diabetes mellitus, both of which are illnesses that can result in loss of consciousness. Most states will ask drivers if they have any sort of medical condition that could interfere with their driving ability before granting a driver's license.

Many states recognize the car accident defense of "sudden medical emergency," a legal doctrine that allows a person who suffers an abrupt medical emergency, thereby causing an motor vehicle accident, to argue that he or she should not be held accountable. Generally, the driver will need to prove that he or she lost consciousness before the accident occurred, causing loss of control of the vehicle and the loss of consciousness was not caused by a foreseeable medical emergency.

To succeed in this defense, the driver must prove the suddenness of the medical emergency. The driver must be rendered totally unconscious and have no opportunity to prevent the accident. Factors to consider would be when the emergency started and when consciousness was lost.

Foreseeability is an essential factor.  Thus, if the driver has a past medical issue that makes him or her prone to loss of consciousness, he or she should be held accountable for the accident.  For example, if a driver falls asleep at the wheel due to driving while fatigued and then causes an accident, that driver is still negligent for making the desiccation to drive without being well-rested. 

The victims of any accident caused by another at fault person or party should consult with an attorney early on because such cases can become complex. In sudden emergency situations, your attorney will assist in analyzing the strength of the at fault driver's medical emergency defense as well as take the necessary steps to protect your rights.

Montlick and Associates, Attorneys at Law: Put Our Over 30 Years of Experience to Work on Your Case!

Medical complications while driving can result in disaster for both the driver and those in his or her path. Drivers with medical conditions should take care to ensure they are safe to be on the roadways. If you have been involved in a car accident, contact the Georgia Car Accident Attorneys at Montlick and Associates, Attorneys at Law, as soon as possible after your accident. Our firm offers over 30 years in car and truck accident cases and we represent clients throughout Georgia and in the Southeast. Prompt action is vital to the success of your automobile accident case. As such, do not delay in seeking legal assistance, as your time to file a claim after the accident is limited.

Call Montlick & Associates, Attorneys at Law, 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Source:
http://www.ajc.com/news/news/local/driver-killed-when-car-crashes-into-dunwoody-home/nmwf9/ 

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.