When car accidents happen, the at-fault driver may try to use a sudden emergency claim, which states that they acted reasonably under the circumstances and, therefore, shouldn’t be held liable for the accident. This is intended to be used when there are extreme or unexpected consequences, but anyone can claim there was a sudden emergency. Working with a lawyer is the best way to minimize impacts if this claim is used.
What Could a Sudden Emergency Claim Involve?
There are various times when drivers claim sudden emergencies may have led to the accident occurring, even though the driver feels they acted reasonably in the situation. Typical causes can include swerving to avoid something in the road, handling an issue with the vehicle while driving, or dealing with a severe weather event. It can also be used if the driver has a sudden medical emergency while driving or if there is a severe issue with the upcoming road, and they need to stop quickly.
Impact on Potential Liability
If there was a sudden emergency that ended up causing the accident, it could reduce the driver’s liability for what happened. In some cases, the driver may no longer be legally held liable for the accident, so the victim will not receive compensation from the driver or their insurance company. The victim can still work with their insurance company to get compensation for the accident. This claim can work differently depending on the location, so it is always a good idea to speak with a lawyer about the potential impact on liability.
The Burden of Proof Needed
In order for the sudden emergency claim to be used, the at-fault driver will need to provide proof of what happened and how it led to the accident. This is typically done by collecting evidence of the scene and the damage to the vehicles. Today, many drivers have dash cams installed, so if there is footage from that, it could help show that there was a sudden emergency and that the driver had no other option at that time.
Effect on the Compensation
If it is found that the at-fault driver is not legally liable for the accident, they may not be required to pay compensation to the victim of the accident. In some cases, they will be partially liable, so they may be required to pay some compensation. In either case, depending on how the accident occurred, the victim may try to get compensation elsewhere if there is someone else who may be liable.
Other Financial Impacts
Because there was a car accident, there could be other potential impacts for the victim. For instance, they may find that their car insurance increases after the accident, even if they weren’t found to be at fault. They may also have to pay for some damages on their own, such as medical bills or car repair bills, if they aren’t fully paid by the other driver because the claim is successful.
If you’ve been injured in a car accident and the other driver is using a sudden emergency claim, it is important to make sure you know your rights and how this can impact your case or the settlement you receive. Take the time to speak with a lawyer right away about your case to learn more about what to expect and how they can help you.