Q: Rear end auto accident, at scene both parties declined EMS evaluation and left the scene.
1.5 hours later, the driver of the car in front died from a neck bleed that eventually cut off his airway and caused brain death. Is the other party liable for a wrongful death suit if the injured party had sufficient time to receive medical treatment?
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A: Probable liability on the at fault driver. The lack of quick medical help might be considered in the comparative negligence equation.
Tim Akpinar agrees with this answer
A: It would be an issue that would be argued in court - based on the issue of foreseeability, and what symptoms presented at the time of immediate medical attention at the scene - opening the door to a possible comparative negligence theory, as my colleague correctly points out. I'm sorry the driver did not survive. Good luck
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