TMJ4 asked Attorney Daniel Davis to assist them with the legal aspects of this feature story that aired on Monday, February 27, 2012. Attorney Davis explained how the law treats car accidents caused by a driver’s incapacity due to sudden illness, most notably Diabetes. Click on the link below to see the story.
Following is a brief exerpt from the story:
So when and how do crashes like these turn into a criminal case? Unlike a case of drunk driving, or other negligent activity, diabetes and other medical causes are hard to prove. Dan Davis is with Davis & Gelshenen law firm in Milwaukee.
He explains, “When it’s caused by something like illness without forewarning, it can be be more traumatic because there’s nobody to blame.”
Davis is a personal injury lawyer, and represents people injured in auto accidents. “[I] help people get their lives back together after something like this happens.”
He has handled crashes involving medical conditions before.
“It all comes down to doing the research, finding the medical history of the person, whether or not this is something that’s happened before, or whether they were experiencing symptoms close in time to the accident,” he says.
Davis says the burden of proof is on the driver with the illness to prove the attack came on without forewarning. But he adds, “Certainly, if an illness comes upon you without warning, and you cause an accident you shouldn’t be held responsible for it.”