No Fault Accident Compensation
January 12, 2010
Posted by:Maria Mingoia
A client of mine was recently involved in an accident where the the Defendant may have had a stroke at the wheel and ran him over. I was therefore interested to read in today's newspapers that a driver who may have fainted at the wheel and killed a cyclist was not charged in the criminal courts for causing death by dangerous driving. If a person has a sudden heart attack, stoke or other medical condition whilst driving a car and causes an accident resulting in a death or injury to others, there may not be any claim for compensation. To succeed in a claim for death or personal injury involving an accident where a heart attack or stroke has occurred to a driver, the victim must prove negligence or blame before compensation can be paid. The injured person or the representatives on behalf of the deceased must prove there was fault on behalf of the driver who suffered from a medical condition. If there was no history of any medical condition that would affect that person’s ability to drive safely there may not be any claim for compensation.