According to 6ABC News, a Dodge Challenger hurdled over a curb and crashed into three people who were walking on the sidewalk on 10th street just after 4 PM on Friday, July 12. The car accident caused tragic pedestrian injuries just outside of Center City’s Thomas Jefferson University Hospital. After hitting the pedestrians, the vehicle then crossed Sansom Street where it slammed into a SUV carrying a family of three. Philadelphia Police suspect that the accident may have happened when the driver lost consciousness as a result of medical marijuana use. An investigation is underway. Police are seeking a warrant to test the blood alcohol level of the 68-year-old driver.
The accident seriously injured 6 people, 3 of which are listed in critical condition. A 64-year-old female pedestrian was listed in extremely critical condition. A 51-year-old female pedestrian and 30-year-old female pedestrian were also are listed in critical condition. In stable condition is a 31-year-old man, 56-year-old man, and a 57-year-old woman who were injured when their SUV was impacted in the crash. Thomas Jefferson Memorial Hospital nurses rushed to the scene to assist the victims.
Will Medical Marijuana Use Affect My Personal Injury Claim?
You may wonder how medical marijuana usage might affect a personal injury claim. The answer to that question is similar to how any prescription drug would affect a claim: if you are abusing the prescription, you should not be driving, you will be considered negligent, and therefore at-fault.
Although Pennsylvania medical marijuana laws are evolving and it is legal in certain jurisdictions, like all drugs it can still affect your judgment and your ability to drive. Even if you have a prescription to use marijuana, it is still a drug and will alter your perceptions. Unless the other party clearly and solely caused the accident, marijuana use will harm your personal injury claim and/or support the claim of the plaintiff.
Medical Emergency Personal Injury Car Accidents
Personal injury car accidents caused by medical emergencies fall into two categories: those medical emergencies that can be foreseen and those that cannot be foreseen. As with all personal injury claims, negligence must be present to pursue a claim. If their is no negligence in a car accident, there is no personal injury claim.
Foreseen Medical Emergencies
If a person driving a motor vehicle knows that they are taking drug, prescription or otherwise, that might alter their ability to operate a vehicle safely; or if they know they have a condition that might result in a sudden medical emergency that would make it unsafe for them to operate a vehicle, they will be considered negligent and held liable for the injuries sustained as a result of the car accident and injuries that they caused. In this case, a car accident personal injury claim can be pursued.
Unforeseen Medical Emergencies
If, however, a person suffers a completely unexpected medical emergency with absolutely no prior history that would indicate that they are at risk to suffer that particular medical emergency, then they are not considered negligent under Pennsylvania law. In this case, insurance companies will not cover a claim in the absence of negligence.
If an accident is caused by a medical emergency that is questionably foreseen, plaintiff attorneys will thoroughly investigate all prior medical records for any sign that the plaintiff had prior warning to the potential of the medical emergency. Showing that the plaintiff had some medical history warning will satisfy the required of proof of negligence for car accident personal injury victims so that a car accident personal injury claim can be pursued.
If you would like to discuss a car accident case, contact Fox Law today for a free consultation. John Fox welcomes the opportunity to represent you. In your consultation, John Fox will answer your questions with no obligation. Fox Law makes a recovery for you or it’s free.