What Is the Sudden Emergency Doctrine?
The United States Department of Transportation released a crash statistics report in 2021 that is not good news for Mississippi. According to it, Mississippi leads the nation in the percentage of fatalities per 100,000 licensed drivers at 37.98%.
Each of those accidents comes as a surprise for those involved. In the immediate aftermath of a Jackson auto collision, assessments are made as to what happened and who might be liable, especially when catastrophic injuries occur. That is when the issue of the sudden emergency doctrine can be a factor.
What Does This Doctrine Refer To?
Mississippi is an at-fault and comparative negligence state. That means that both parties can be held liable for a portion of an accident.
Now, there are some accidents where it is easy to determine who is at fault. If someone speeds or runs a red light, they would be considered 100% to blame for what happened. However, even in those situations, the sudden emergency doctrine could be invoked, which would render their liability moot and invalidate your injury claim.
Every motorist has a duty of care to be a responsible driver. When something out of their control causes them to breach that duty, it can be argued that it is not the driver’s fault that a wreck happened.
In cases like these, instead of the three elements of negligence (duty of care, breach of duty, and causation), the at-fault party has to present the following three elements to prove their sudden emergency doctrine defense:
- Proof that the at-fault party encountered a sudden and unexpected situation
- Proof that the at-fault party did not cause this situation
- Proof that the at-fault party acted reasonably during this situation
Examples of a Sudden Emergency
Utilizing the sudden emergency doctrine as a defense needs to be very specific. For instance, you could not use that defense if your car slid on icy roads and smashed into another vehicle. The reason you couldn’t is because you could reasonably predict that there could be ice, given the current weather conditions.
However, there are several other acceptable sudden emergencies that could be used as a defense. Consider the following:
Unexpected Pedestrians or Children
Children playing outside will chase after a ball into the street without thinking about approaching cars. Pedestrians might also cross between cars to get to the other side of the street quicker. Those occurrences would be a surprise to the driver and one they couldn’t control.
Animals Dashing Into Traffic
If a dog, cat, or squirrel rushes in front of your car, your instinct would be to swerve to avoid hitting that animal. That can trigger a chain reaction of collisions you might not be liable for, provided you can prove the animal ran out. It could also lead to a fatality. According to the Insurance Institute for Highway Safety (IIHS), there were 184 deaths caused by collisions with animals in Mississippi in 2022.
Falling Objects
Falling objects can come from an overpass, the back of a truck, or a tree. If those objects drop in front of or onto your car, that would likely be considered a sudden emergency doctrine.
Suffering a Medical Emergency
The Centers for Disease Control and Prevention finds that one person dies every 33 seconds from cardiovascular disease every day in the U.S. Sadly, those heart attacks can also occur behind the wheel of a car. So can other unexpected medical emergencies like fainting or seizures. A driver generally can’t be held liable for those incidents.
The Time Frame for Claiming the Sudden Emergency Doctrine Applies
A key element of the sudden emergency doctrine defense is the time frame of the event and the accident.
While the courts do not assign a specific time for this, the incident needs to occur at the exact moment of the collision. If there was enough time for the driver to gain control of their car and pull over, the sudden emergency doctrine could be challenged.
That challenge could also come from a medical expert who could testify that a motorist didn’t follow their doctor’s recommendations for restricting driving or taking prescribed medications. In other words, if the medical condition was expected, it couldn’t be considered sudden.
Challenging the Doctrine
If you are the victim of a serious Jackson car accident where the sudden emergency doctrine is used, any compensation could be at risk. It might mean that the at-fault party’s insurance carrier won’t pay for your medical expenses or other damages. This is why you are within your rights to challenge that defense with the help of the team from Pittman, Roberts & Welsh, PLLC.
We have successfully litigated dozens of car accident claims and understand the limitations of the sudden emergency doctrine. Call our offices to set up a consultation to discuss your prospective case and all your options.
