Typically, the victim of a car accident in Georgia may file a claim against the driver who caused the crash. However, under the sudden emergency doctrine, the driver may have a defense if they caused the crash while reasonably responding to an emergency they did not create.
An experienced personal injury lawyer at Sherrod & Bernard, P.C., can review the facts of your case and help you understand how the doctrine may affect your dealings with insurance companies and any personal injury claims you pursue after a car accident.
What Is the Sudden Emergency Doctrine?
Under Georgia law, motorists must operate their vehicles with reasonable care. If they fail to do so, they may be held liable for any resulting crash and the injuries caused by their negligence.
When a driver is at fault for an accident, the sudden emergency doctrine provides an affirmative defense. To assert the defense, the driver must prove that they:
- Experienced a sudden and unexpected emergency
- Did not cause or contribute to the emergency
- Due to the emergency, they did not have time to deliberate before acting
- Use the same judgment and care that a reasonable person would have exercised in similar circumstances.
So, the sudden emergency doctrine can absolve a driver of liability in a personal injury lawsuit or wrongful death claim as long as the driver did not create the emergency and responded reasonably to it.
For example, suppose a young child runs into the road immediately in front of a driver, who then swerves to avoid colliding with the child. In doing so, the driver hits the vehicle next to them. The sudden emergency doctrine could provide a defense if the driver of the second vehicle files a car accident claim against the first driver. The driver of the first vehicle could argue that they swerved to avoid hitting the child in the road and that their split-second decision to do so was reasonable under the circumstances.
What Are Examples of a Sudden Emergency?
Common examples of situations that may constitute a sudden emergency include:
- A tree or a branch falls onto the road
- Cargo falls off of a vehicle onto the road
- A pedestrian suddenly walks into the street
- Another motorist unexpectedly swerves in front of a driver
- An animal jumps or runs into the road
- A driver’s vehicle has a mechanical failure with no warning and at no fault of their own, such as a tire blowout, brake failure, or unintended acceleration
- A driver suffers a medical emergency or loses consciousness (and does not have a diagnosed condition that makes them prone to losing consciousness suddenly).
However, some emergencies might not trigger the doctrine, such as:
- Poor weather, since drivers must adapt their driving behaviors to respond to weather and road conditions
- Mechanical failures, if the driver failed to maintain their vehicle
- Known medical conditions, if the driver does not seek treatment or knows they should not drive because of their condition
- Distracted driving, including making or answering an “emergency” phone call or text message
How Can You Prove the Accident Was or Was Not a Result of a Sudden Emergency?
You will need to offer substantial evidence to prove or disprove the sudden emergency doctrine, such as:
- Police accident reports, which may indicate the hazards that caused a sudden emergency
- Accident scene photos and videos
- Eyewitness statements
- Surveillance or traffic camera footage
- Dashcam footage
- Vehicle service records
- The at-fault driver’s medical records
If the At-Fault Driver Can Prove a Sudden Emergency Caused the Crash, Can They Still Be Liable for It?
The at fault driver, or the defendant in a car accident case, won’t win simply by proving that a sudden emergency immediately preceded the crash. A jury may still find the driver liable if they find the driver should have foreseen the emergency and could have prevented the accident with more reasonable care.
For example, suppose a driver swerves to avoid a deer that enters the roadway and collides with another vehicle. The occupants of the other vehicle might argue that the accident occurred at a deer crossing with posted warning signs, meaning the other driver could have slowed and driven more carefully in anticipation that a deer might cross the road, rather than swerving and colliding with other traffic.
Will It Affect My Compensation If the At-Fault Driver Can Prove the Accident Resulted from a Sudden Emergency?
If the at-fault driver who hit you can show that they were reasonably responding to a sudden emergency at the time, they may not be liable for the accident. You may still have other compensation options available to you. For example, you might turn to your insurance policy for optional coverages you purchased, such as collision coverage or MedPay. You may also rely on your health insurance to help pay for medical treatment and rehabilitation for your injuries.
How Can You Fight the Sudden Emergency Doctrine Defense in an Accident Claim?
Many arguments can undermine a sudden emergency defense, such as:
- Challenging the validity of the claim that it was a “sudden emergency”
- Arguing that the at-fault driver should have foreseen the emergency, such as a mechanical failure caused by a lack of routine maintenance
- Showing the at-fault driver did not respond reasonably to the emergency, such as swerving over the center line to avoid an object in their lane when they had a wide shoulder to the right.
An experienced personal injury lawyer can analyze the evidence and, if necessary, consult with accident reconstruction experts to contest the at-fault driver’s claims about the emergency.
Contact a Georgia Car Accident Lawyer Today
For over 30 years, Sherrod & Bernard, P.C. has served accident victims with compassion and dignity, treating every client who walks through our doors like family. Our attorneys have earned the respect and trust of the people we’ve represented by building a record of success in personal injury cases.
If the driver who hit you is claiming a defense under the sudden emergency doctrine, we can fight back and assert your rights to fair compensation. Contact us today for a free consultation with an experienced and dedicated car accident attorney to learn more about your options.
