Can I be cited for an accident due to a medical condition?

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Can I be cited for an accident due to a medical condition?

I was driving down the interstate and I had a coughing spell and passed out because of loss of oxygen. I wrecked my vehicle with out any knowledge of what happened. The officer asked me to write out a statement but I couldn’t remember what happened and said I possibly fell asleep. I was cited for failure to control. This being possibly a medical problem. Is it still a citable incident.

Asked on August 14, 2017 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is still a citable incident. There is no defense to a traffic infraction due to a medical condition: if you did the cited thing or behavior, the ticket or summons is valid. Regardless of the reason, you lost control: you are properly cited for that.


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