It was supposed to be an ordinary Wednesday afternoon in Coney Island — until an 86-year-old driver suddenly lost control of his minivan and backed onto a Brooklyn sidewalk, killing an 89-year-old woman and injuring two more people. Police believe the driver may have suffered a stroke. While heartbreaking, this tragedy also raises a surprising legal question most people never think about until it’s too late: what happens if the person behind the wheel has a medical emergency — are they still responsible?
Under New York law, the answer depends on whether that medical crisis was foreseeable. If the driver had no warning — no prior symptoms, no diagnosis, nothing suggesting trouble — the law may completely excuse them from fault. This is called the “medical emergency defense.” Courts recognize that someone who loses consciousness without warning can’t be negligent for losing control. But when a driver did have warning signs — dizziness, weakness, fainting spells, or a medical condition that should’ve kept them from driving — then the “emergency” becomes negligence. In that case, the driver is legally responsible just like anyone else who drives carelessly.
The difference between a true emergency and avoidable negligence often comes down to medical records and expert proof. Courts won’t just take a driver’s word for it — they require medical evidence showing the stroke, heart attack, or blackout came without warning. When the proof isn’t strong, the defense falls apart, and victims can sue for full compensation.
What many people don’t realize, however, is that insurance coverage doesn’t change no matter what caused the crash. New York’s no-fault insurance system pays up to $50,000 per person for medical bills and lost wages, even if no one was at fault. That means victims of sidewalk crashes get immediate help for medical care and lost income. If the injuries are serious — for example, a fracture, disfigurement, permanent limitation, or death — victims can go beyond no-fault and sue for pain and suffering.
Every New York driver must also carry liability insurance — at least $25,000 for injuries and $50,000 for death per person. These policies cover both negligent acts and genuine accidents like sudden medical emergencies. So even if the driver isn’t found legally at fault, the policy can still pay basic benefits. If the policy limits aren’t enough to cover devastating injuries, your own underinsured motorist coverage (SUM/UM) can step in — something many people have and don’t realize.
Now imagine the same crash, but involving a commercial truck. The law and insurance rules are the same — but the numbers are much bigger. Trucks and fleet vehicles usually carry at least $1 million in coverage, and sometimes more under federal rules or company policies. That means victims of a truck crash on a sidewalk have far greater potential compensation. Plus, trucking companies have a duty to monitor their drivers’ health and fitness for duty.
If they let someone with known medical problems get behind the wheel, they can be held liable too. That’s where expert lawyers dig deep — into medical files, safety records, and GPS data — to prove the company ignored warning signs. In plain English:
- A sudden, truly unpredictable medical episode can excuse fault — but insurance still pays basic benefits.
- A foreseeable health issue, or plain carelessness, is negligence — and you can sue for full compensation.
- Truck crashes mean higher insurance and more layers of responsibility.
- Your own insurance can add extra protection if the driver’s coverage runs out.
The bottom line? Even when an accident seems “unavoidable,” there may still be legal options for victims and their families. These cases turn on details — medical history, witness accounts, and expert analysis. That’s why quick investigation matters.
If you or a loved one were struck by a vehicle on a New York sidewalk — whether it was a car, a delivery van, or a commercial truck — contact The Platta Law Firm today.
We’ll dig into the driver’s medical and insurance background, expose any negligence that others missed, and fight to get you every dollar you deserve.
📞 Call (212) 514-5100 or visit PlattaLaw.com — because even when drivers claim “it was a medical emergency,” the law still protects the victims.