Read more at Marshfield News Herald.
In an accident such as the one described above, it may be claimed by the man driving on the wrong side of the road (or by his insurance company) that he was not negligent due to a “sudden illness” or “illness without forewarning.” The name of this defense itself partially explains what must be proven by the defense to avoid liability: there was no warning of the oncoming illness. Also, the defense must show the ill person was not negligent with regard to the reason for the illness. For example, someone who suffers a seizure due to not taking their seizure medication as directed would still be liable for an accident, even if the cause was a sudden seizure. Cases such as these are fact intensive and require the assistance of a personal injury attorney. If you have been seriously injured in an accident, call Bremer & Trollop Law Offices today for a free consultation.