When a driver is Buffalo must react to actions of another vehicle or obstacle, the need to react quickly may, in some cases, absolve that driver of responsibility for any personal injury that occurs as a result. In New York State, an individual who must quickly react to an emergency situation, even if that reaction was the wrong thing to do under the circumstances, may be protected from liability under the Emergency Doctrine.
Generally, the Emergency Doctrine applies when an individual either is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or consideration, or must make a speedy decision without weighing alternative courses of conduct. In such a situation, the individual may not be negligent if the actions taken were reasonable and prudent in the emergency context, even if these actions later appear to have been a bad decision, so long as that individual did not create the emergency situation.
An example of the application of the Emergency Doctrine would be a driver swerving to avoid a vehicle that has suddenly veered into his or her lane and striking another car or pedestrian as a result. In this situation, the driver must make a sudden decision to avoid a collision. Even if that decision leads to an injury, the driver may not be liable if it appeared reasonable for him or her to swerve without having time to really think about it.
Of course, in this situation the driver initially veered into the wrong lane and actually created the emergency situation may bear liability for the injuries caused. If you have been injured as a result of an emergency situation and have any questions, please consider consulting an experienced personal injury attorney who can help you assess who is responsible.
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