Can I Sue a Driver Whose Medical Emergency Causes a Wreck?

 Posted on June 10, 2026 in Car Accident

A medical emergency while someone is behind the wheel of a vehicle can become deadly for drivers around them. If you were injured in a car accident caused by someone else’s medical emergency, you may be able to sue for compensation. Whether or not you can depends on whether the other driver’s emergency could have been prevented.

An Arlington Heights, IL personal injury lawyer can help you understand whether you have a claim.

What Is the Sudden Medical Emergency Defense in Illinois?

The sudden medical emergency defense is a legal argument that a driver shouldn't be held at fault because an unexpected medical crisis caused a crash. It is not unlike the "Act of God" defense. Personal injury cases rely on proving that the other party’s negligence contributed to your injuries. A true, unpredictable medical emergency cannot be considered negligence.

The driver who caused the accident must generally prove that whatever medical event happened was not something they could reasonably have foreseen. They must also prove that it directly caused the accident rather than negligence on their part. Failure to meet these criteria means they can be held responsible for resulting damages.

When Can You Sue a Driver Whose Medical Emergency Causes a Car Wreck in Illinois?

You can sue another diver in spite of a medical emergency when it can be proved that the medical emergency was foreseeable. This indicates that they acted carelessly. They drove in spite of knowing that their physical condition posed a risk to the people around them. Someone who suffers regular seizures and is advised not to drive, for example, may be responsible if they had a seizure that led to an accident.

Situations where you may have a claim for a foreseeable medical emergency include:

• A driver skipping necessary medication

• A driver ignoring a doctor's warning not to drive

• A driver having a documented history of the same problem

Your attorney may also be able to investigate evidence, such as some of the other driver’s medical records and prior incidents, to verify whether the emergency should have been anticipated.

How Does Fault for a Car Accident Affect What You Can Recover in Illinois?

Illinois follows a rule called modified comparative negligence (735 ILCS 5/2-1116). Under this rule, you can recover damages as long as you were not more than 50 percent at fault for the accident. If you share some blame, your compensation is reduced by your percentage of fault.

Insurance companies may lean heavily on this rule to minimize the damages they are required to pay you. If possible, they may try to prove that your actions leave you with the majority of fault for the accident.

In medical emergencies, they will likely argue strongly for the sudden medical emergency defense. Having a legal professional who can verify whether the other driver knew or should have known that their condition posed a hazard while driving can help your case.

What Should You Do After a Car Accident Involving a Medical Emergency?

Medically-induced car wrecks can be confusing, especially if the other driver is taken away by an ambulance immediately after the accident happens. Call 911 and get emergency medical care for yourself if needed. The accident should be reported to the police as well. This creates an official record of the incident.

If you’re able, take photos of the scene and vehicles, and get contact information for any witnesses. Don't give a recorded statement to the other driver's insurer before you've spoken with a lawyer.

If you do not get emergency medical care at the scene of the wreck, make sure you’re seen by a doctor promptly. You may need treatment, even if you feel alright immediately after the accident. Soft-tissue injuries like whiplash may not begin to show symptoms until many hours have passed.

Call a Rolling Meadows, IL Personal Injury Lawyer Today

While many car accident settlements are fairly straightforward, medical emergencies can add complications. Having an experienced attorney to advise you can make a substantial difference in your 2026 case.

Our Arlington Heights, IL personal injury attorneys are locals who care about our community as well as our clients. Our team has many decades of combined experience and has recovered millions of dollars in successful verdicts. Call Newland & Newland, LLP at 847-797-8000 today for your free consultation.