Understanding What A Sudden Emergency Means For Your Personal Injury Case

If you've been the victim of an accident that caused you serious injury, you may be exploring your rights to file a personal injury suit. While you may have debated about whether or not to work with a personal injury attorney, there are a few good reasons why you should. One of the things you should consider is the potential that the defendant may try to claim the sudden emergency defense in your case. Understanding exactly what that is and how your attorney can help you with it is important.

Sudden Emergency Defense Basics

While the sudden emergency defense isn't one that's widely known, it is a viable defense in some personal injury cases. The fact that it's not widely known may leave you unsure of what it is and what it could mean for you.

The fundamental purpose of this defense is to absolve a defendant of liability for an accident that occurs due to an unforeseen, sudden, legitimate emergency. The logic behind it is that someone can't be held liable for something that happens when they're faced with an emergency situation that demands immediate action. The sudden emergency could prevent them from having the time to rationalize the best or most reasonable resolution, and that isn't necessarily their fault.

What Constitutes A Sudden Emergency Defense?

A defendant may be able to claim the sudden emergency defense if they can prove the following in court:

• There was an unexpected, sudden emergency situation that posed immediate danger or risk of physical injury.
• The emergency was not directly caused by the defendant.
• The defendant had multiple courses of action available to them to resolve the situation.
• The actions of the defendant were consistent with what any other rational and reasonable individual would do in the same situation.

Since the defense requires that the situation legitimately be an unforeseen emergency, defendants can't use this defense for something such as poor weather interfering with visibility or sun glare blocking their view. Those are things that they should expect based on an evaluation of the environment.

However, a person stepping out in front of thire car or another vehicle swerving into their lane would constitute a sudden emergency. If the accident was caused by the defendant swerving their vehicle to avoid either of these hazards, that would qualify for the sudden emergency defense.

What Makes The Sudden Emergency Defense Such A Challenge?

The biggest problem with facing a defendant who is claiming the sudden emergency defense is the fact that it is very difficult to fight back against. Add to that the fact that it will absolve the defendant of any liability if it is accepted as a defense, and it's a real concern for any personal injury plaintiff.

If the courts determine that the emergency was legitimate, that the defendant acted reasonably, and that the defendant didn't cause the emergency, he or she may have no liability at all for your injuries.

What Can You Do About The Sudden Emergency Defense?

The only way that you can potentially contest this type of defense is if you can prove that it isn't true. It often means hiring a private investigator or petitioning for records, surveillance video, and other information.

If the defendant is claiming that someone stepped out in front of them, for example, street camera footage may show that there was nobody there. Or, for defendants claiming a sudden medical emergency, proving that they had prior knowledge of the medical condition and should have reasonably been able to manage the symptoms may prevent them from using this defense.

The more you understand about the sudden emergency defense, the better prepared you can be for what you might face in court. Talk with your personal injury attorney today about your concerns and see what you can do to strengthen your case.