If A person doesn't take his insulin goes into diabetic shock and runs into your car, is he liable for damages and medical expenses?
Question Details:
My wife and I were involved in an accident at a stoplight were the gentleman behind us had not taken his insulin when into diabetic shock and year ended us at a low rate of speed. the damage to the car was limited to paint but a couple days later I had a very stiff neck that I couldn't turn beyond a certain point. His insurance told us they were still trying to decide if he was at fault since he was having a seizure and not to rack up a huge chiropractic bill, pleas help with some advice
Auto Accidents Law Answers
I'd have no trouble arguing that if a person is diabetic and knows he needs insulin, and knows that he'll go into diabetic shock if he doesn't take it, and that person doesn't take his insulin and gets behind the wheel, he's negligent just in doing that, and responsible for any damages caused if he does go into diabetic shock while driving.
Negligence is measured against the standard of a fictional "reasonable person," who is usually quite a bit more careful than real-world people tend to be. But that fictional "reasonable person" analysis starts with the defendant as he is, and knowing what he knows.
If the insurance company tries to avoid paying for this, in full, get a lawyer, right away.
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