Tractor Trailer Driver Crashes Into Store in East Palatka, Florida
A semi truck driver crashed his tractor trailer into a fruit market off of Highway 17 in East Palatka, Florida, according to an article on Firstcoastnews.com. Fortunately, the clerk working at the fruit stand was able to get out of the way of the semi truck and was not hurt. What is interesting about this accident is that the semi truck driver apparently claimed that he temporarily blacked out and veered off of the road.
When we handle personal injury and wrongful death cases on behalf of people injured in accidents or family members of people killed in accidents, we occasionally come across a driver who claims he/she blacked out or had some sudden medical condition that caused the crash. This defense is designed to take the responsibility for the accident away from that driver and lay the blame on uncontrollable and unanticipated circumstances. However, this defense rarely works. First, it usually just is not true, and the driver who causes the crash has the burden of proving that he/she was afflicted by some sudden medical condition that made the crash unavoidable. Usually, the driver cannot meet that burden.
Even when the driver who caused the crash can show that he/she blacked out or suffered from some medical condition or reaction to medicine just before the crash, that does not mean the accident was not his/her fault. If that person had reason to believe that he/she might black out or suffer some other dangerous reaction while driving, he/she is at fault for driving in the first place. This is usually easier to prove. By deposing the driver, a personal injury/wrongful death attorney for the injured party or family of the deceased can usually determine that the other driver had experienced the blackout or other medical condition before and knew he/she should not drive. Medical records can be obtained that show the person knew of his/her medical condition and the possible symptoms. Records can also show warnings from doctors or on medication informing a person they they should not drive.
When a person causes a serious injury or fatal accident and blames a sudden medical condition or reaction to medicine, there are a lot of inquiries that can be made to show the flaws in that defense.
