This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Perspective

Dec. 7, 2016

Understanding the 'sudden illness' defense in California courts

The rule is deceptively simple: If a person suddenly becomes ill while driving and is unable to control their vehicle as a result, that person is not chargeable with negligence for harm to others in an accident. By Crawford Appleby

Crawford Appleby

Attorney
Baum, Hedlund, Aristei & Goldman

Crawford is the owner of the free, online, tentative rulings database: www.rulings.law. He concentrates his practice on transportation accidents and qui tam claims.

See more...

By Crawford Appleby

Decades after automobiles arrived on California highways, our courts first recognized the "sudden illness" while driving defense. The rule is deceptively simple: If a person suddenly becomes ill while driving and is unable to control their vehicle as a result, that person is not chargeable with negligence for harm to others in an accident. Waters v. Pacific Coast Dairy, Limited Mut. Compensation Ins. Co., Intervener, 5...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up