Hochman & Plunkett CO., L.P.A.
Phone 937-684-4607
Toll free 877-623-6863

Fatal accident caused by medical condition

Car accidents can happen due to a variety of reasons. Many are caused by DUI, speed and distractions. Rarely, some occur beyond a person's control. This is the case when an accident is caused by a medical condition. One man was killed when an Ohio man's medical condition caused him to collide head-on with another vehicle, causing serious injury to himself and his wife as well.

The fatal accident occurred on the afternoon of Dec. 27 on State Route 51 in Genoa, two hours outside Dayton. A 54-year-old man was driving southeast on SR 51 when he suddenly suffered a medical condition and crossed the center line. He struck a vehicle driven by a 32-year-old Toledo man, whose car then went off the roadway. He was pronounced dead at the accident scene.

The 54-year-old man and his 53-year-old wife were seriously injured and taken to local hospitals for medical treatment. Nobody was wearing seatbelts at the time of the accident. No charges have been filed yet, but the accident remains under investigation.

In this case, can the family of the victim file a wrongful death claim? Wrongful death involves the element of misconduct or negligence. Did the man have a history of medical issues and was he instructed not to drive? Or was this simply a one-time event - like a stroke, heart attack or seizure? Any of us can suffer a sudden medical condition at any time, but that does not necessarily mean we should refrain from driving. The answers to these questions will determine if the man should be held liable for the victim's death.

Source: The Blade, "Officials: Medical problem blamed for fatal crash near Genoa," Dec. 27, 2013

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