| Added On August 1, 2011
In some situations, no level of due care or concern for others can prevent injury or tragedy. All too often, drivers suffer from an inexplicable and sudden medical event that causes them to lose control of their vehicles and crash. Sometimes, a single-vehicle crash ensues while other other times the unconscious driver inadvertently swerves into other motorists, homes or businesses.
A big rig driver was killed Monday morning when he crashed on Interstate 15 at Aero Drive near San Diego. The cargo area of the truck was empty and was traveling south when other motorists noticed the truck weaving. From there, the truck cross all lanes of the highway and drove over an embankment, landing on an adjacent road.
Emergency crews arrived on scene shortly thereafter and found the driver unconscious with no other signs of visible injury. Responders concluded that the driver suffered an unexpected medical episode while driving that caused him to lose control of the truck and swerve off the road.
The crash initially tied up the entire interstate, but crews have since cleared the wreckage and all lanes should be open and operational at this time.
From a personal injury standpoint, it is unlikely that the estate of the driver could face any negligence or personal injury lawsuits by any person injured, either physically or through property damage, as the driver did not actively participate in his actions. In general, a person is not answerable for involuntary actions or bodily movements he has no control over. However, some courts have held that a person can be found negligent if he knew or had reason to know that his unique medical condition had a likelihood of flaring up while on the roadway and chose to drive despite that knowledge. These are all factual inquiries to be decided by a jury.
Luckily in this case, reports do not seem to indicate that any other motorists were injured or that significant property damage resulted from the accident.