Syracuse, New York: Driver Blackout Car Accidents

Jed Dietrich, Esq., Recognized as a Best Lawyer in America and an America’s Top 100 Personal Injury Attorney, Has Spent Decades Fighting for The Rights of Car Accident Victims. If You Have Been Injured In a Blackout or Loss of Consciousness Car Accident That Was Not Your Fault, the Dietrich Law Firm P.C. Could Help You File a Personal Injury Lawsuit and Secure the Compensation You Need to Reclaim Your Independence.

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Car accidents are not always caused by speeding, reckless driving, or poorly timed turns.

Under certain, limited circumstances, drivers sometimes find themselves incapacitated. If they lose consciousness, blackout, or otherwise become disoriented, they pose an imminent risk of injury to themselves and everyone around them.

However, if and when a blackout causes a crash, determining liability is not always easy, especially if the at-fault driver was not intoxicated but instead experienced a heart attack or reacted in an unexpected way to prescription medication.

You do not have to accept uncertainty in place of solutions.

recognized U.S. News World Report Best Law Firm, the Dietrich Law Firm P.C. has spent decades helping New York families assert their rights to a fair recovery. Since our founding in 2005, we have secured more than $250 million in damages, which our clients have used to eliminate medical debt, afford higher-quality care, and regain their personal and financial independence. Please send us a message online or call us today at 1-866-529-5334 to speak to a personal injury lawyer near Syracuse and schedule your 100% free, no-obligation consultation as soon as possible.

Driver Blackouts And Car Accidents

A blackout car accident can be defined as any accident that is caused by cognitive disorientation or a driver’s sudden loss of consciousness. Blackout collisions have many potential causes, ranging from intoxication and fatigue to medication-related complications and debilitating health conditions.

Nobody knows how many accidents can be attributed to driver blackouts. Still, a recent study published in the Journal of Acute Medicine & Surgery suggests that about 30% of all accidents surveyed involve a motorist with a “decreased level of consciousness.” This rate may be even higher in New York, which experiences higher rates of fatigue and intoxication-related accidents than is represented in the dataset.

Driver blackouts and decreased levels of consciousness present an exceptional safety risk to:

1. The driver who blacks out;
2. Any other drivers on the same road;
3. Motorcyclists;
4. Cyclists; and
5. Pedestrians.

Some of the most common causes of these accidents include, but are not limited to, the following:

1. Intoxication;
2. Fatigue;
3. Medical conditions; and
4. Prescription drug complications.

If another motorist was negligent, whether by drinking and driving or taking the wheel while on medication that makes them drowsy, they could be held liable for your accident-related damages.

However, even if you have good reason to believe that another driver’s abrupt loss of consciousness was the cause of your accident, holding them liable for your expenses could prove to be an unexpected challenge.

Determining Liability After A Driver Blackout Car Accident

If you have been injured in a blackout car accident that was not your fault, you could be entitled to significant compensation. However, even if you have good reason to believe that another driver’s loss of consciousness caused or contributed to your collision, proving liability is often an uphill challenge. Under most circumstances, you must prove all of the following:

1. The other driver owed you a duty of care;
2. The at-fault driver breached their duty of care by acting negligently;
3. The other driver’s negligence was the direct cause of your accident; and
4. You sustained serious injuries or other damages as a result of the accident.

Establishing each element may seem straightforward, but it is often anything but.

This is especially true if the at-fault driver’s loss of consciousness was caused by a medical complication or prescription drug-related side effect. In New York, drivers who become incapacitated behind the wheel are sometimes immune from personal injury lawsuits, provided that they had no reason to believe that their health history could make driving dangerous. Similarly, claims involving semi-trucks and other commercial vehicles are typically much more complex than those involving private vehicles.

Furthermore, in some instances, an individual who blacks out due to an unexpected complication may have the right to take action against a doctor, pharmacist, or pharmaceutical company.

An experienced Syracuse car crash lawyer could help you investigate the causes of your accident, determine if you have a strong case for compensation, and identify who should be held liable for your injuries.

Your Potential Damages In A New York Car Accident Lawsuit

New York is a no-fault insurance state. As a general rule, you should file a claim with your own insurance carrier before attempting to initiate any further legal action. However, if you have suffered serious injuries and suspect that your policy will not cover the costs of your accident, you could be entitled to file a personal injury lawsuit against the person or party responsible for your collision.

In a legal context, the term “damages” refers to compensation for a broad range of physical injuries, financial losses, and emotional distress. Personal injury damages in New York typically fall into the following categories:

1. Special Damages. Special damages are compensation for the verifiable financial losses that you have sustained, and expect to sustain, as a result of an accident-related injury or injuries. This could include reimbursement for your medical bills, money for physical rehabilitation, or help covering the costs of property damage and lost income from work.
2. General Damages. General damages are awarded to compensate subjective forms of loss, suffering, and hardship. They could include compensation for emotional pain and suffering, physical pain and suffering, loss of enjoyment, and disfigurement.
3. Punitive Damages. Punitive damages are only awarded if you provide compelling evidence that the defendant was unusually reckless or willfully negligent. Most personal injury claims do not meet the standard necessary to obtain punitive damages. However, if your lawyer believes that your case could make the cut, punitive damages can make a massive difference in terms of your potential recovery.

Your damages, along with their total monetary value, are exclusive to your case and should reflect the severity of your injury and the profundity of your loss. Since New York state does not impose any “cap” on special or general damages in most personal injury claims, you could obtain as much money as you need to begin rebuilding your life after a catastrophic car accident.

However, filing a personal injury lawsuit is only the first step in the personal injury lawsuit process; negotiating a settlement or convincing a jury to award damages often requires far more work and careful preparation. Making a mistake, whether by missing a filing deadline or failing to account for a common defense strategy, could come at the cost of your recovery.

You do not have to take your chances in court. For over 20 years, the Dietrich Law Firm, P.C., has fought to protect the rights of car crash survivors in Syracuse and throughout Upstate New York. Our highly experienced team of personal injury attorneys knows what it takes to build a compelling, evidence-based case for compensation, and we have the results to prove it. Please send us a message online or call us at 1-866-529-5334 to speak to a car accident lawyer near Syracuse and schedule your 100% free, no-obligation consultation as soon as possible.

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Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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