QUESTION
Do I have a case, or who can I sue, if anyone, so I can pay my hospital bills.
Asked on Nov 01st, 2011 on Automobile Accidents - Missouri
More details to this question:
I was a passenger in the van I was riding in when the driver had a siezure and rear-ended another vehicle while sitting at a red light, after hitting thye other vehicle we crashed into a building, we were going about 45 miles per hour, we both went to the hospital. The driver has no insurance nor do I
1 ANSWER
In order to make a claim for hospital bills, you must be able to show that someone was responsible for this accident. In this case, the only driver possibly responsible was the driver of your van. In many cases, a seizure is a defense to negligence. It is similar to having a heart attack, where you have no control over it. Therefore, the law does not usually hold that person responsible because there was nothing he/she could do to prevent it from happening. However, if this driver had a history of seizures, and was taking medicine for it, but on this day did not take his medicine, you may be able to show he then contributed to the accident. Keep in mind, however, then even if you can show this, you would need to sue this person personally, as he had no insurance. It may be an uphill battle and you may not get anywhere - if this person has no money, a judgement against him means nothing.
Steven A. Schwartz
Attorney/Partner
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 742-1170
(800) 660-2270
(617) 250-2072 fax
sas@joelhschwartz.com
Answered on Nov 16th, 2011 at 1:54 PM