Tiemann Law Firm in Forbes Magazine

call for a free consultation

(916) 999-9000
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
REQUEST FREE CASE REVIEW

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

Tags: , , , , , , , , , , , , ,

Client Testimonials

Jennifer T. Testimonial
Quote

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.

S.B. Testimonial
Quote

Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had excellent staff as well.  Highly recommended...

Jereme S. Testimonial
Quote

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.

Hanna Padilla Testimonial
Quote

From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Matt H. Testimonial
Quote

I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.