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The trailer appeared to be loaded (per Spanish commentary) which made the truck heavier, making it easy for it to just open its path without much of a problem. A dump truck accident like this, when there is a lot of weight, can cause thousands of dollars in damage and loss of life. We cannot say that the driver fell asleep or there was some kind of medical reason why the driver lost control. We do know that there are laws that forbid us from driving if we are falling sleep. Tickets rates vary, but the best thing to do is to simply pull over and take an nap. This is better than risking your and other people’s life.
For the sake of the argument in the dump truck accident above, if there was indeed a medical emergency that the driver could not have anticipated (i.e. a heart attack when there was no history of blood or heart disease), the she/he could claim a Medical Emergency Defense. If this defense is successful, the driver would not be held liable for damages! This defense is very difficult to make and hard to win. The driver must show that she/he did not have any kind of indication that this would happen (no prior history). If she/he can prove this, then the first party insurance company must pay for their own damages.
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