Clayton County, GA (October 10, 2018) – A three-car accident took place Monday morning in Clayton County when a woman was shot while she was driving on Upper Riverdale Road.
The 28-year-old driver began to drift across multiple lanes of traffic causing her to crash into two other vehicles travelling in the same direction. Upon arriving at the scene emergency rescue crews determined that the woman had been shot. She was taken to Grady Memorial Hospital in critical condition. Her name has not been released.
Detectives working the case are asking anyone with any information about this shooting to please come forward.
Georgia Medical Emergency While Driving
When it comes to car accidents, the issue of fault is usually straightforward. You have a driver who was speeding or tried to squeak through a red light for example. Those cases are pretty cut and dry. What happens though, when a driver has an unforeseen medical emergency behind the wheel? The “sudden medical emergency defense” is recognized in one form or another in almost all 50 states with Alaska, Hawaii, Colorado, and Utah being the exceptions. This statute carries different names depending on where you live, sometimes referred to as the “unavoidable accident defense” or the “act of God defense”.
The rationale behind this particular defense is that a driver who has suffered unexpectedly from a medical emergency while behind the wheel has NOT acted negligently and therefore is not at fault for the accident. The key word in this line of defense is sudden. If you are a diabetic who has not eaten all day and blacks out behind the wheel this defense will not apply to you. If you have a heart condition for which you take medicine and have been told by your physician not to drive and you them have a heart attack on the highway, this defense will not apply to you. Both of those conditions were pre-existing and known to you. Reasonable measures could have been taken to prevent the loss of consciousness from happening. If you are trying to prove that you suffered from a genuine sudden medical emergency, you need to demonstrate that the driver lost consciousness before the accident took place, that the loss of consciousness is what caused the driver to lose control of the vehicle, and that it was caused by a completely unforeseen medical reason.
If you or someone you care about has been involved in a car accident because they suffered from an unforeseen, sudden medical emergency it is in your best interest to hire an experienced, professional attorney. Navigating a claim like this and trying to prove your case can be extremely tricky. Let us here at the Nye Law Group handle the paperwork and deal with the insurance companies for you. You need to focus on your health and your well-being.
Call us now at 912-200-5230 and take advantage of a free consultation with an expertly prepared attorney who has handled this kind of case before.
Note: A variety of outsides sources including news bulletins and police reports were used to create these posts and report on the injuries involved. Due to this, the details of these accidents have not been independently confirmed by our team and writing staff. In the event that false information is included in the story, please contact us immediately with the post’s title and the incorrect information, and we will correct the content.
Disclaimer: We at Nye Law Group pride ourselves as members of our local community and strive to improve the overall safety and wellbeing of everyone in our state. Our deepest condolences go out to those injured in these accidents, and we hope that by promoting an awareness of these dangers, our community can take the steps necessary to avoid them. These posts are not a solicitation for business, and the information provided should not be mistaken as medical or legal advice.