ABC30 Action News is reporting that a man died in a single-car accident in East Central Fresno on November 28. According to the news report, two men were riding in a vehicle near Dakota Avenue and Fowler Avenue when the driver had a medical emergency. The driver, who was in his 50s, was thrown from the vehicle when it rolled into a frontage road. The passenger remained in the vehicle.
The driver died of injuries sustained in the accident. The passenger was transported to the hospital with minor injuries. The two men were apparently relatives. The accident is still under investigation, but alcohol does not appear to be a factor in the crash.
Crashes That Are Actually “Accidents”
In some cases, car accidents are true “accidents” in which no one is negligent or guilty of wrongdoing. The above tragedy may be an example of a true “accident.” The driver may have experienced an unexpected medical emergency that caused him to lose control of the vehicle and crash. The driver may not have even been aware that he suffered from a medical condition that could cause him to be unable to control the vehicle. If a driver truly has an unexpected medical emergency, who is responsible for damages in a collision?
To recover compensation for injuries sustained in a motor vehicle collision, you must prove the other driver caused the crash, and you suffered injuries because of the crash. In most cases, you accomplish this by proving the other driver was negligent. For example, the driver was speeding, distracted, impaired by alcohol, or failed to yield the right of way. However, a driver can still be held liable for a true “accident.”
Proving Fault in A Car Accident
You must prove the other driver caused the collision to receive compensation for your damages. In other words, the collision was the other driver’s fault. As discussed above, fault can be established by proving the other driver was negligent. However, fault is not just negligence or wrongdoing.
For example, if a driver has a sudden heart attack that causes him to lose control of the vehicle and crash into another vehicle, the collision would be the driver’s fault. He did not intend to cause a collision, but he is still responsible because the collision was his fault. Any damages resulting from the collision would be his liability.
Even though fault may seem clear, this does not mean that the insurance company for the driver who caused the collision will pay the claim. In any motor vehicle accident, you should consult with an experienced Fresno car accident attorney to discuss your legal options before you agree to a settlement or provide a statement to the other driver’s insurance adjuster.
Call A Fresno Car Accident Attorney for More Information
If you are injured in a car accident, our Fresno car accident attorney can help. We offer free legal consultations and free case evaluations for accident victims and their families.
You can contact Torem & Associates by telephone at 1-800-954-4444 or you can use our convenient online contact form to request a free consultation.