You are involved in a motor vehicle accident. One of the operators is confronted with a sudden emergency such as a medical problem. Can there ever be a time that no one is found at fault for a motor vehicle accident? It is rare but yes it can happen. The question then arises as to what the standard of care that should be applied.

In New Jersey, the so-called Sudden Emergency Doctrine is not viewed favorably by the Courts. The Sudden Emergency Doctrine arises when a person who is confronted with a sudden and unexpected perilous situation not of his or her own making and who acts as would a reasonably prudent person under the circumstances will not be held liable even if later reflection shows that the wisest course was not chosen. The thought process is that when confronted with a sudden emergency you may not have sufficient time to evaluate the situation. Since New Jersey adopted comparative negligence, there has not been one case that has adopted this doctrine. In fact, the New Jersey Model Jury Charge specifically states that the doctrine is in disfavor. While there is an actual Jury Charge on this doctrine, the preface to the Jury Charge, states that there is grave doubt that the charge should ever be given in an ordinary automobile case.

This gets us back to the original questions of what standard of care should be applied. It should be reasonable care under the circumstances. This would allow the facts of a sudden emergency to still be provided to the jury but then allow for an analysis if reasonable care was taken under the circumstances by that person. The jury is then allowed to make a decision without an instruction from the Judge about a blanket immunity. In this way, this allows for a more appropriate analysis.

Do you know someone who may be involved in a similar scenario? Share this post with them through social media, email or sending them the link via text message. Do not let your loved ones proceed without knowing the proper information.