In Florida, when one driver collides with another vehicle, it is often presumed that the driver is negligent and should be held accountable for any harm that ensues. In some instances, however, even if it seems liability is clear, a defendant in a case arising out of a car accident may be able to assert a defense that precludes a jury from assigning him or her fault. For example, the unexpected and sudden loss of consciousness while driving is a defense to negligence claims in car accident cases. In a recent opinion, a Florida court explained what evidence a defendant must offer to support a loss of consciousness defense, in a matter in which it ultimately reversed a verdict in favor of the defendant. If you were injured in a collision, it is smart to meet with a Florida car accident lawyer to determine what damages you may be owed.
The Accident and Trial
It is reported that the plaintiff’s car was stopped at a red light when it was struck from behind by a vehicle operated by the defendant. The plaintiff and her minor children, who were passengers in her car, sustained serious injuries. She then filed a lawsuit against the defendant, averring that his negligence caused the accident and their harm.
Allegedly, during the trial, the defendant argued he should not be liable because he suffered a sudden loss of consciousness prior to the collision. The jury issued a verdict in favor of the plaintiff, after which the defendant filed a motion for a directed verdict. The defendant’s motion was granted by a judge who had not presided over the trial, and the plaintiff appealed. Continue reading