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Home > Accident Attorney > IF SOMEONE HAS A MEDICAL EMERGENCY, CAN THEY GET OUT OF PAYING MY BILLS FOR A CAR WRECK?

Written by Jelena Tiemann and Peter B. Tiemann

Last Updated : January 13, 2022
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Posted on Monday, April 10th, 2017 at 2:20 am    

It may not happen often; however, it does happen. Someone has a sudden emergency or a medical emergency while driving, and that driver causes a car accident. Does the emergency excuse the liability for the car wreck? Under California law, an emergency may be a legal defense to a car accident claim in some very narrow circumstances.

California’s Sudden Emergency or Medical Emergency Defense

Under California law, if a person has a sudden emergency or a medical emergency and causes a car wreck that person may not be liable for damages if he or she can prove the following things:

  • There was a sudden or unexpected emergency;
  • The emergency placed the driver or someone in immediate threat of injury;
  • Whatever created the emergency was not the fault of the driver;
  • The driver’s actions were like the actions of a reasonable person who was in a similar situation.

The key is to prove that the person acted reasonably given the circumstances, but this can be difficult to prove. The burden of proof is on the driver. Therefore, the driver must prove each element in order to win with this type of defense in a car accident claim. The victim does not need to provide any evidence to disprove the driver although an experienced attorney may develop a strategy to fight this type of defense.

One exception to the medical emergency defense deals with mental illness. The medical emergency defense cannot be used to argue that a mental illness or mental health condition waives liability for a car accident claim.

Filing a Car Accident Claim for Damages

Proving fault is essential when you file a car accident claim. You cannot recover damages from the other driver unless you prove that the driver was at fault for the collision. An experienced Sacramento car accident attorney conducts an independent accident investigation to determine the cause of the accident. He identifies evidence to use in court to prove the other driver caused the collision.

Sometimes the insurance company for the other driver may try to say that you are partially at fault for the wreck. This tactic is used to decrease the amount of money the company must pay to settle your claim. In these cases, your attorney may utilize an expert to recreate the accident to prove beyond a doubt that the other driver was solely responsible for the crash.

Call for A Free Appointment with A Sacramento Car Accident Attorney

If a negligent driver injured you, you might be entitled to receive compensation for medical bills, lost wages, and other damages. Your first step is to contact our office to request your free consultation with an experienced Sacramento car accident attorney.

Call the Tiemann Law Firm at (916) 999-9000 or visit our website to request your free, no-obligation case evaluation.  Our law firm serves clients in Sacramento, Folsom, Roseville, El Dorado Hills and other communities in the greater Sacramento area.

Categories: Accident Attorney, Accident Injury, Attorney At Law, Car Accident

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I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

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No one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.