What Happens If You Are Driving a Car And Faced with a Sudden Emergency?
If You Are in an Accident, Is the Accident Your Fault?
The emergency doctrine is a defense often cited by defendants as a legal excuse for the accident. The theory of the emergency doctrine is basically that the defendant is excused from liability because he/she was faced with an emergency not of their own making. Their response to the emergency cannot be held against them because at the time of the accident, they were acting otherwise lawfully.
This defense is rarely a complete defense to a claim. A recent case at the appellate level discussed this doctrine. In Maisonet v. Roman, the Court found that the defendant actually established entitlement to the benefit of the emergency doctrine. The defendant’s vehicle in Maisonet struck the rear of the plaintiff’s vehicle.
Ordinarily that would be game over. However, in this case, the defendant testified that he was driving down the road at 20 mph. Suddenly another vehicle made an illegal left turn in front of him. He swerved the vehicle, but had to swerve back to avoid a head on collision. Unfortunately, when he swerved back, the struck the rear of the defendant’s car.
Under these facts, the Court allowed that the defendant was entitled to the benefit of the emergency doctrine and the case proceeded to trial.
If you were recently in an auto accident that was your fault, you need a Nassau County defense attorney to defend your rights. Contact Foley Griffin today for a free consultation.