Can You Be Charged with a Crime if a Medical Emergency Leads to a Fatal Crash?

Suffering a medical emergency while driving is frightening for you, the passengers in your vehicle, and all those around you on the roads. It can be nearly impossible to predict various medical emergencies, but there are some people who should not be driving based on their medical conditions. For example, those diagnosed with seizures might not be able to drive based on how serious their condition is and whether it can be controlled by medicine.

But what happens if you suffer a medical emergency and hit another car, and the other driver doesn’t survive? Can you be charged with a crime for a true fatal accident?

Most of the time, the answer is a resounding “no,” though you could be held liable in a civil lawsuit. But there may be times when law enforcement could successfully charge you.

Was the driver aware of his or her condition?

There are certain medical conditions, like seizure disorders or certain types of brain trauma, that can make driving a risky proposition, even when the conditions are controlled by medications. The judge in the case will examine reports from doctors and specialists to determine if the driver knew of his or her condition prior to the accident.

If it is deemed that the driver did not know of the condition prior to the accident, it will be difficult to hold the driver accountable for the crash.

If the driver knew that driving was a risk, he or she may be charged with a crime like reckless endangerment. This charge is typically a misdemeanor, unless it is committed with a deadly weapon. If the State decides the car is a deadly weapon, you could face a felony charge.

If this is not the first accident on the driver’s record that involved their medical condition or some variation of it, the State will take this into account, too. For example, if the driver has passed out multiple times before, causing accidents, injuries and/or property damage, the driver may have a better chance of being charged with a more serious crime.

What role do prescription medications play?

Prescription medications play an important role in these types of motor vehicle accident cases. Even though these medications are vital to keeping the patient healthy, they can also lead to impairment.

If the medications state that the patient should not operate heavy machinery, and the patient gets behind the wheel of a car or truck anyway, he or she faces criminal and civil liability. It doesn’t matter the type of prescription, how much the driver took, or the level of impairment. It may not even matter if the medication triggered an emergency medical situation, especially if the driver has already caused an accident related to being high behind the wheel.

Did you suffer a medical emergency that led to the fatal accident? You’re smart to hire an attorney. The Franklin criminal defense attorneys at the Law Offices of Adrian H. Altshuler & Associates can review your case, the charges you face, and help build a defense. Call our office at 615-977-9370 or complete a contact form to schedule a consultation today. We operate offices in Brentwood, Franklin, and Columbia, TN, to better serve our clients.