What to do if I had an accident due to having a seizure and was just told that I was given a ticket for driving on the shoulder with traffic?

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What to do if I had an accident due to having a seizure and was just told that I was given a ticket for driving on the shoulder with traffic?

I was driving when the accident happened. I had a seizure while driving and crashed into the railing on the shoulder. This happened around 7 pm local time. I was unconscious until I was revived in the hospital. I was unconscious in my car for over 10 hours before someone got help for me. Before I had the seizure, there were no cars on the road with me. Today, I received a call and was told that I was given a ticket. How is this possible?

Asked on June 26, 2015 under General Practice, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you hit the railing on the shoulder, you necessarily must have driven on the shoulder for at least *some* distance (and it's possible that based on angle of the impact, skid marks or tracks, etc. that they can determine that you--possibly without realizing it; e.g. as the seizure came on--may have driven for some distance on the shoulder). Therefore, the authorities may legitimately believe that the facts show that you committed the offense and may be ticketed. It is not a legal defense to a traffic infraction to say that you had a medical condition, but it is highly likely that, in light of the circumstances, that the prosecutor will, when you speak with him/her on the day of trial, agree to reduce the offense or penalty, or possibly even dismiss the case, especially if you otherwise have a clean driving record.


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