What is “force majeure” in Illinois law?

Motor Vehicles Accidents - October 15, 2024

Determining liability in most car accidents hinges on the concept of negligence—whether a driver failed to exercise reasonable care. However, when a driver experiences a sudden medical emergency, Illinois law provides a unique legal defense known as “force majeure” (often called the “Act of God” defense). This doctrine argues that the driver is not liable for the accident because the medical emergency was unforeseen and beyond their control.

At Horwitz, Horwitz & Associates, our experienced Chicago car accident attorneys understand the complexities of cases involving medical emergencies and liability. Below, we explore how force majeure applies in Illinois, what factors are considered, and how liability is determined in these challenging situations.

What does force majeure have to do with medical emergencies?

In Illinois, the force majeure (“Act of God”) defense applies when an unexpected event—such as a medical emergency—makes it impossible for a driver to control their vehicle. The defense operates on the principle that negligence requires a driver to act unreasonably. If a medical emergency rendered the driver unable to act, they may not be considered negligent.

What kinds of conditions qualify as “sudden medical emergencies”?

A car accident caused by a medical emergency occurs when a driver becomes incapacitated without warning due to a medical event. Common examples include:

• Heart attacks
• Strokes
• Seizures
• Sudden loss of consciousness
• Diabetic emergencies, such as hypoglycemia
• Sudden drops in blood pressure
• Other unexpected medical episodes

The key is that the event must be both sudden and unforeseeable.

Key elements of force majeure in Illinois

To successfully invoke the Act of God defense, the driver must demonstrate the following.

1. The medical emergency was sudden and unexpected

The driver must prove they had no prior warning or knowledge of the condition that caused the emergency. For instance, a person with no history of seizures who suffers their first episode while driving may successfully argue this defense.

2. The driver acted responsibly before the emergency

The driver must have followed the rules of the road before the medical event. For example, a driver who was speeding or driving recklessly before the emergency occurred may weaken their defense.

3. The medical emergency directly caused the accident

It must be established that the medical event—and not another factor like distracted driving—caused the crash.

The driver may be excused from liability under Illinois law if these elements are proven.

When force majeure may not apply

Not all accidents involving medical issues qualify for force majeure, or Act of God defense. The driver may still be liable in the following situations.

1. The medical condition was known or foreseeable

If the driver had prior knowledge of their condition and failed to take appropriate precautions, they could still be found negligent. Examples include:

• A driver with a history of seizures who fails to take prescribed medication.
• A diabetic driver who ignores early warning signs of hypoglycemia.

Illinois courts view these situations as avoidable, and the driver may be liable for the accident.

2. The driver failed to mitigate the risk

Drivers aware of their medical conditions are responsible for managing their health and avoiding risky behavior, such as driving during symptoms or without medical clearance.

3. Other negligent actions contributed to the crash

Even if a medical emergency occurred, the driver could still be liable if they engaged in negligent behavior beforehand, such as:

• Speeding
• Driving under the influence of drugs or alcohol
• Texting or other forms of distracted driving

How liability is determined in Illinois

Illinois law requires a thorough investigation to determine liability in car accidents caused by medical emergencies. Key considerations include:

• Medical history: Evidence of prior diagnoses, treatments, or symptoms can help establish whether the medical event was foreseeable.
• Responsibility before the emergency: Witness statements, traffic camera footage, and other evidence can show whether the driver acted responsibly before the event.
• Accident reconstruction: Expert analysis can help clarify the cause of the crash and whether the medical emergency played a direct role.

How Horwitz, Horwitz & Associates can help

At Horwitz, Horwitz & Associates, we understand that accidents involving medical emergencies can be legally and emotionally challenging for victims. Our skilled attorneys can:

• Investigate the accident: Gather evidence, including medical records and eyewitness testimony, to determine liability.
• Analyze defenses: Scrutinize the at-fault driver’s claims to challenge the Act of God defense when appropriate.
• Negotiate with insurance companies: Work to ensure you receive fair compensation for your injuries and damages.
• Pursue litigation if necessary: Build a strong case to advocate for your rights in court.

If you’ve been injured in an accident involving a medical emergency, contact Horwitz, Horwitz & Associates at (800) 985-1819 for a free consultation. Our team is here to guide you through the complexities of your case and fight for the compensation you deserve.