Loss of Consciousness Defense in Florida

The vast majority of car accidents that take place in Florida and across the nation happen by way of some type of driver error. Drunk driving, speeding, and distracted driving are a few examples of common causes of car accidents. Of course, in limited situations, other factors could be the cause like if a car malfunctions because it has a defective component. Then there are also times when an emergency arises for a driver who experiences an unforeseeable and uncontrollable event that causes them to hit another party. Sudden loss of consciousness is one of them.

If you were injured in a car accident in Florida, it is critical that you get the compensation you need for your harm especially when your damages resulted from another party’s negligence. The Tampa car accident attorneys at Fulgencio Law can assist you with filing a Florida personal injury claim for compensation to help you recover your losses.

How Does Loss of Consciousness Affect a Car Accident Claim?

Typically when a car accident happens, there is some amount of liability stemming from negligence by at least one of the parties involved if not more than one. To pay for the damages victims suffer, insurance is widely used. When the damages are substantial enough a victim may file a claim against the negligent party to recoup compensation for losses.

However, if one driver loses consciousness while behind the wheel, they also lose control of their ability to operate their vehicle. As a result, they could easily hit another car and cause significant damages to the occupants inside.

When it can be proven that a driver who caused an accident did so because they lost consciousness, they may be able to avoid liability. Showing that a legitimate reason existed at the time of the crash which precluded the driver from avoiding a crash may also shield the individual from the presumption of negligence. Because the Florida courts recognize that losing consciousness is a valid defense when proven, a driver may be able to evade responsibility for causing a car accident.

The loss of consciousness defense is not an easy one to argue, although that does not mean it is an impossibility. In some situations, a party who experienced the loss of consciousness may be able to use such grounds and be successful.

It is critical that after a crash you have the most competent and experienced legal counsel on your side fighting for your rights and to recover the most compensation possible from your claim. The Tampa personal injury attorneys at Fulgencio Law can assist you after you were hurt in a car accident.

Speak with a Tampa Car Accident Attorney Today

Car accident claims can be complicated, but you do not have to take on the legal challenges alone. After a car accident when you were harmed or if you lost a loved one, please call the Tampa wrongful death attorneys at Fulgencio Law to schedule a free consultation at (813) 463-0123. You have a limited time to file a claim for compensation so do not wait to have your case examined and your claim started.