If an elderly man had a heart attack and ran into the side of my house and then hit my car, is he liable for the damage?

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If an elderly man had a heart attack and ran into the side of my house and then hit my car, is he liable for the damage?

Asked on April 9, 2012 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Liability depends on fault; fault in turn generally depends on negligence, or unreasonable carelessness. Without fault, there is no liability. In a case like this, you'd likely have to show that  this man should not have been driving--that is, that based on what  he knew of his health, on symptoms he'd felt earlier that  day, or on his medication, it was unsafe to drive. If you can show that, you may be able to hold him liable; but if the heart attack had no precursors or warnings, and there was no other reason he should have worried about driving, he is  most likely not liable.

 


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