Cases surrounding personal injuries from car accidents are often not as simple as they might look, and they become even more complicated if the person who ostensibly caused the accident suffered a medical emergency while driving. Because so many medical emergencies that happen are not things that the driver was expecting, getting proper compensation for your injuries is a little trickier. What eventually happens relies a lot on just what the driver knew about their medical condition.
When It's Not Something They Can Help
Sometimes these medical issues really are out of the blue, and the driver had no idea they were going to happen at all, much less right when the person was driving. In these cases, you can't really sue the person who caused the accident for the "regular" reasons like reckless driving; however, you can still consider suing their insurance company if the company has refused to pay you the full amount that the coverage allows. You'll have to speak with a lawyer first; never assume that a court case is going to be so easy to win.
What Prior Knowledge of Their Condition Did They Have?
The waters muddy a bit if the person knew about their condition before driving. For example, someone who had been ordered by their doctor not to drive because of inner ear issues that led to vertigo — but who then drove anyway, only to have an attack where they suddenly felt like everything was spinning — could potentially be accused of reckless driving and endangerment. Your attorney can discuss specific accusations with you and determine if this is an angle worth pursuing.
Were Other Factors Involved?
You and your attorney should also look at other factors involved. For example, maybe that driver knew about their medical condition, had not been forbidden from driving, and had been completing all treatments (e.g., medicine) as agreed with their doctor — only for the pharmacy to dispense the wrong dosage of a new medicine, which made them dizzy and led to the accident. Then it might not be the driver but the pharmacy that would share some fault.
You and your attorney can look at the police report and medical reports to see what might be the best route to take. If your insurance and the other driver's insurance aren't paying out enough to cover your medical bills and other related costs, you need to look at other ways to get compensated fairly.
If you have additional questions, contact a local personal injury lawyer.