Mr. B was driving home from work when another car sideswiped him. The driver initially stopped but then left the scene. He injured his knee in the accident and required knee surgery. Mr. B tried to settle his case without filing a lawsuit but her insurance company refused to even make an offer, claiming a medical emergency caused the wreck. Michael Ruppersburg, our Georgia car accident lawyer, filed a lawsuit and secured a $235,000 settlement before the case went to trial.
The Accident
Mr. B was driving on I-75 in Atlanta. He was driving in the middle lane when another car came from his left and sideswiped him. He and the other driver pulled their cars to the side of the road. He got out of his car and went to check on the other driver. He knocked on her window and tried to speak with her but she drove off and left the scene. He was able to get her tag number and reported the incident to the police, who spoke with the owner of the vehicle and gave her a ticket for failure to maintain lane and leaving the scene of an accident.
Defendant claims medical emergency
Here’s where the case got interesting. The other driver claimed that she suffered a seizure and that’s what caused her to sideswipe Mr. B’s car and leave the scene. She provided medical records documenting that and the traffic tickets were dismissed.
A medical emergency is considered an “Act of God” defense. Georgia law OCGA § 1-3-3 defines an Act of God as “an accident produced by physical causes which are irresistible or inevitable, such as . . . sudden death, or illness.” Basically, if a driver has a medical emergency, such as a seizure or loss of consciousness and causes an accident, the law says they are not responsible.
In a recent case involving a medical emergency defense, the Georgia Court of Appeals ruled that
“a sudden and unforeseeable loss of consciousness by a driver is a complete defense to a claim that the driver negligently lost control of the automobile and proximately caused an ensuing accident. It also follows that, to establish an act of God defense based on illness producing a loss of consciousness, the driver must show that the loss of consciousness produced the accident without any contributing negligence on the part of the driver.” Gilbert v. Freeland, 364 Ga. App. 501 (2022)
This means that to successfully claim a medical emergency defense, the driver must be able to show that they were not negligent and didn’t play any role in causing the medical emergency. So if a driver was on medication for seizures, didn’t take their medication, had a seizure and caused an accident, they would still be responsible. Or if a person had a history of uncontrolled diabetes, which can cause you to lose consciousness, and drove, lost consciousness and caused an accident, they would still be responsible. But if the driver really and truly has a medical emergency for the first time, there was no way they could expect or prevent the medical emergency and cause an accident, the law says they are not responsible.
After we filed the lawsuit, we took the other driver’s deposition, which is a statement under oath. While she claimed that she had a seizure during the accident, she admitted that she had a previous incident at her house several weeks before the crash but didn’t go to the doctor or seek any medical attention. She also admitted that the day of the wreck she began having symptoms but ignored them and kept driving. After this accident, she finally went to the hospital and was diagnosed with a medical condition that can cause seizures. She was prescribed anti-seizure medication and her license was suspended for six months.
Given that the other driver had a seizure before this incident and didn’t seek medical attention, this did not qualify as a medical emergency / Act of God defense.
Injuries & Treatment
Mr. B saw the car coming into his lane. He tried to brake to avoid it but his foot slipped off the brake pedal and planted awkwardly. That, combined with the force of the car sideswiping him, twisted his knee. His knee hurt after the wreck and it was painful to walk. He thought it would get better and tried treating it with ice and ibuprofen. When it was still hurting after several days, he went to the doctor, who recommended physical therapy. When his knee was still hurting after several weeks of physical therapy, the doctor ordered an MRI of his knee. It showed a bucket handle tear of his meniscus, which is usually caused by a traumatic event like an injury. The doctor recommended surgery, as the meniscus tear was not likely to heal by itself and was causing Mr. B pain and discomfort when he walked. Mr. B decided to try more physical therapy to see if that helped but when it didn’t decided to have the surgery.
Settlement
After we took the other driver’s deposition, we sent her insurance company a settlement demand for $235,00, which was a little more than two and a half times his medical bills, which the insurance company accepted. We’re glad to have helped Mr. B and wish him well in his recovery.
Contact
If you or a loved one has been hurt in a car accident, Ruppersburg Injury & Accident Attorneys can help. Contact us today to schedule a free consultation.