Precious Harris, the sister of rapper T.I. that regularly appeared on the reality show T.I.’s Family Hustle, died as a result of a vehicle accident in Atlanta on February 12, 2019. Her granddaughter, a passenger in the vehicle, was treated for chest pain but was ultimately released from the hospital.
The Accident
Harris, 66, was operating a 2013 Dodge Avenger owned by her brother on February 12 when she collided with a telephone pole in Atlanta. Emergency personnel rushed Harris to the hospital where she remained unresponsive in the intensive care unit. On February 22, Harris died from her injuries.
According to later reports, Harris suffered an asthma attack before the collision. According to her granddaughter, the attack was so severe that Harris passed out behind the wheel. After losing consciousness, the car crashed into a nearby pole. No other vehicles were involved in the collision. Although Harris was still breathing when emergency personnel arrived on the scene, she was quickly rushed to the hospital after she began foaming at the mouth.
Medical Emergencies and Traffic Accidents
The accident that cost Harris her life thankfully didn’t involve other drivers. However, if Harris had struck and injured another driver after her sudden asthma attack, Georgia law may have prevented the injured party from recovering damages from Harris.
A genuine medical emergency can render a driver incapable of controlling their vehicle. Because this loss of control is involuntary, a bona fide medical emergency is a complete defense to a negligence case under Georgia law. In other words, if a driver causes an accident that would otherwise constitute negligence, they are not at fault for the damages of anyone they injure if a medical emergency caused the crash. An emergency can be the result of an unknown medical condition or an unexpected reaction to prescribed medication. This is bad news for any injured party hoping to recover their damages from the driver or their insurance company.
While this defense may sound insurmountable, there is an important caveat. If the driver that suffered the medical emergency had notice that the medical condition could cause them to lose control of their vehicle, they are not entitled to use their medical emergency as a defense to avoid liability. That’s because any driver that was aware of the risk of driving with that condition and ignored it is not operating with the necessary ordinary care.
In cases like this, having a strong personal injury attorney can make the difference between recovering the damages you deserve and walking away with nothing. Whether a defendant had notice of their condition is a matter for the court, and it is up to your attorney to prove that the medical emergency defense should not apply in your case.
If You Have Been in a Georgia Traffic Accident, Contact Williams Elleby Howard & Easter Today
Every driver has the duty to remain focused behind the wheel and drive in a safe manner; those who don’t will face liability for any people they injure or property they damage. And while it is a complete defense if an accident occurs due to an unexpected medical emergency, the truth is that some drivers use this excuse to avoid liability. If you suffered an injury in a car accident, you need a zealous advocate who will hold the other party responsible for their actions. If your accident occurred in the Georgia, the attorneys you need are at Williams Elleby Howard & Easter. To discuss your case with an experienced Georgia personal injury attorney, contact Williams Elleby Howard & Easter today at 833-LEGALGA.
