A potentially responsible party in an auto accident personal injury claim may try to assert as a defense that he had a sudden, unexpected illness and is therefore not responsible for the resulting personal injuries and damages. It is important to understand when that defense may properly be asserted.
A driver who is suddenly stricken by illness is not liable for any resulting injury if he had no
reason to anticipate the sudden illness and the illness made it impossible for him to control the car. Such illness must be a physical illness and the driver must act as a reasonably prudent person would have acted in response to the illness. The defendant would need to show the sudden illness, and that he had no reason to anticipate it.
