A car veered off the road and hit a light pole and then into a 7-11 convenience store in Yeadon Tuesday, June 4, 2019, around 12:30 p.m. According to EMS at the scene, the driver apparently suffered an medical emergency but didn’t specify what it was.
The convenience store at Myra Ave. and Church Ln., was only slightly damaged, and no one in the store was injured. Both passengers of the car and the driver were taken to a local hospital with unspecified injures.
Injuries Caused by Driver Having a Medical Emergency
When someone gets injured, our system attempts to find fault in one of the drivers of the vehicles involved. Sometimes that’s not easy and liability is unclear. When this happens, those who were injured face the medical bills, lost time from work and all other financial losses themselves.
Can a Driver Suffering a Heart Attack be Liable for Damages?
In Pennsylvania, for someone to get compensation from another driver, that driver must be found to be negligent. This means that the diver operated their car without acting with the care due to those around them and this lack of care caused injuries.
When a person suffers a medical condition while driving, it’s difficult to say that they failed to provide care when they became incapacitated or otherwise unable to operate the vehicle. However, if they were prone to having the medical condition such a seizures, blackouts or even heart attacks, then they can be held negligent because they knew that it might happen again.
What if the Driver is Not Found Negligent?
If the driver of the car is not negligent, then the injured passengers or anyone else injured in the accident must look to their own insurance for compensation. There are many options that might be available to a driver depending on the insurance policy. They are:
- Medpay: This is a provision that drivers can get on their own policy that will pay for medical bills regardless of who is at fault or who is injured so long as the insured or their vehicle is involved.
- Personal Injury Protection (PIP): This works similar to medpay, but it pays medical bills and other damages like pain and suffering and loss of wages. It also pays out regardless of who was injured or at fault so long at the insured or their vehicle is involved.
- Uninsured/Underinsured (UM/UIM): Most insurance policies have uninsured/underinsured provisions that will pay those covered by the policy for all personal injury damages if the other driver is underinsured or has no insurance. This can include when a hit-and-run driver is never found, so long as they were at fault in the accident.
If the passenger has any of these, then he or she might be able to use their own insurance coverage to provide compensation for their injuries.
Do I Need an Attorney?
Most of the time it’s better to at least talk to an attorney so you know your rights under the law. The insurance company—even your own—will attempt to pay as little as possible or deny a valid claim outright. When this happens, you need an attorney who knows the law on your side.
The attorneys at Kaufman & Stigger, PLLC know the law and have experience dealing with insurance agents and their attorneys. Call the attorneys at, and they will stand behind you to make sure that you are treated fairly and that you get the highest compensation allowed by the law.
