If you are injured in a car accident with the other driver crossing into your lane of traffic, is she liable even if she had a heart attack?

Asked 10/29/2009 under Personal Injury | 193 View(s) | More Legal Topics

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I am a lawyer in CT and practice in this area of the law.  Negligence is breach of a duty or care to another that proximately causes damages.  If the person's heart attack caused them to swerve into your lane, a court may find that the person was not negligent becasue she could not control herself.  in other words, the lady was not careless.  rather she had an involuntary heart condition that caused her to not be able to control her car.  Nevertheless, you should hire a lawyer to file a claim with the lady's insurance carrier to obtain monetary damages.  Most lawyers will take this case on a contingency fee basis and only get paid if you collect money. 

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