Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu

Sudden Medical Emergency Defense in a Florida Car Accident: How Defendants Use It and How Florida Plaintiffs Can Challenge It

HeartAttackDrive

After a car accident in Florida, one of the most unexpected challenges an injured victim may face is the sudden medical emergency defense. This defense allows a negligent driver to claim they were struck by an unforeseeable medical episode, such as fainting, a heart attack, or a seizure, and therefore should not be held responsible for the crash.

For injured Floridians trying to recover medical bills, lost wages, and long-term care costs, fighting against this defense can feel overwhelming.

What the Sudden Medical Emergency Defense Means in Florida

The sudden medical emergency defense applies when a driver claims they experienced an unforeseeable medical event that made them lose control of their vehicle. Florida recognizes that a driver who has no warning of such an emergency may not be negligent if the episode makes driving impossible. This means that if the defense succeeds, the defendant might avoid liability entirely.

However, Florida law sets a clear expectation: the medical event must truly be sudden, unexpected, and not caused by the driver’s own choices or existing health conditions. If the defendant had prior warning signs, a known medical condition, or failed to follow medical advice, the defense may fail.

A West Palm Beach car accident attorney can help you understand the defense more fully and determine whether the facts of your situation suggest it can be successfully challenged.

Why Defendants Rely on This Defense

The sudden medical emergency defense is appealing to defendants because it can remove the question of negligence from the case. Instead of arguing about speed, distraction, visibility, or reaction time, the defendant claims they had no control whatsoever. For insurance companies, this defense can limit or eliminate their exposure to damages.

It often arises in crashes involving a loss of consciousness or impaired awareness, situations where the defendant insists they were unable to react before the collision occurred. Even when property damage appears minor, plaintiffs may still face delayed symptoms, soft-tissue injuries, and ongoing medical needs, making a fair financial recovery essential.

The Strict Requirements a Defendant Must Meet

Florida courts do not accept the sudden medical emergency defense lightly. A Defendant raising the defense has the burden of proving that the medical event was:

  • Unforeseeable: There must be no warning signs or symptoms leading up to the incident.
  • Involuntary: The driver did not cause the condition through behavior such as medication misuse, drug use, or ignoring a physician’s instructions.
  • Immediate and incapacitating: The event must have made it impossible for the driver to act safely.

This defense fails when the defendant knew, or should have known, that driving posed a risk. For example, a person with uncontrolled diabetes, untreated seizures, or a history of fainting may not successfully use this defense because the risk was predictable.

How Plaintiffs Can Challenge the Defense

Even when defendants insist the medical event was sudden, plaintiffs are not without options. Challenging this defense requires demonstrating foreseeability, inconsistency, or negligence on the defendant’s part. This often involves gathering medical records, analyzing driving behavior, and reviewing statements for contradictions.

A plaintiff may challenge the defense by showing that the defendant had a prior diagnosis related to the event, was warned not to drive, ignored medication instructions, or exhibited symptoms earlier in the day. In many cases, even small inconsistencies in the defendant’s explanation may lead a court to reject the defense and evaluate the crash based on traditional negligence standards.

The Role of Evidence and Expert Testimony

Medical records, expert analysis, and witness statements often play a central role in challenging this defense. Medical experts may evaluate whether a claimed condition could realistically strike without warning. Accident reconstruction experts may address whether the driver had time to react before losing consciousness. Even data from vehicle systems, cell phones, or surveillance cameras can help show what happened in the moments leading up to the crash.

These resources can be especially valuable in collisions with limited physical evidence, such as low-impact crashes or accidents that occur at night. Plaintiffs may still be dealing with significant injuries, and expert input can help clarify how the event unfolded and whether the defendant truly had no control.

Understanding Florida’s Legal Standards in These Cases

Florida’s comparative fault rules under Fla. Stat. § 768.81 apply when responsibility is shared between drivers. If the medical emergency defense fails, a jury evaluates the case like any other negligence claim, potentially assigning partial liability if both drivers contributed to the crash.

In all Florida auto accident cases, injured drivers first seek medical and financial support through Personal Injury Protection benefits under Fla. Stat. § 627.736. Even when the defendant raises a sudden medical emergency defense, PIP coverage remains available to address medical costs, lost wages, and early treatment needs.

Understanding these statutes helps plaintiffs ensure their injuries are documented clearly and their rights are preserved during the claims process.

How a Lawyer Helps in These Cases

Car accident cases involving a sudden medical emergency are uniquely complex. Insurance companies may rely heavily on the defense to avoid paying full compensation, even when the facts do not support it. A lawyer can help evaluate the defendant’s medical history, gather expert testimony, and challenge the defense with compelling evidence. For many injured Floridians, legal support becomes essential to ensuring that the sudden medical emergency claim is examined carefully and fairly.

Contact Smith, Ball, Báez & Prather

If you were injured in a car accident where the other driver is claiming a sudden medical emergency, you deserve clarity, support, and an opportunity to present the full story. At Smith, Ball, Báez & Prather, our experienced West Palm Beach car accident attorneys know how to analyze these complex defenses and protect your right to fair compensation.

We are here to guide you through the legal process and help you understand your options. Contact us today to discuss your case and learn how we can assist you.

Sources:

  • Florida Statutes – Personal Injury Protection (Fla. Stat. § 627.736)
  • Florida Statutes – Comparative Fault (Fla. Stat. § 768.81)
Facebook Twitter LinkedIn

Contact Us for a Free Consultation

By submitting this form I acknowledge that form submissions via this website do not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege.

Skip footer and go back to main navigation