Under the sudden emergency doctrine, motorists in South Carolina owe a lower standard of care when confronted with an emergency that requires immediate response. In these cases, even if the driver commits a wrongful action, they may not be considered negligent and liable for injuries.
The sudden emergency doctrine is most relevant as a defense against liability in car accident cases. If you are worried about your liability in a recent car accident, the sudden emergency doctrine might apply, limiting or exempting you from liability for damages. If you have specific questions about this legal doctrine and how it could affect potential litigation, a car accident attorney can help you understand your rights and options.
What Is the South Carolina Sudden Medical Emergency Doctrine?
The sudden emergency doctrine in South Carolina is perhaps most apparent in cases of medical emergencies. If a driver has a medical emergency while operating a motor vehicle, they may not be liable for any wrongful actions they take that cause accidents.
For example, if a person is driving and experiences an unexpected seizure, they might start swerving and cause a collision. In this case, the at-fault driver would likely not bear any liability as they were in a medical emergency that rendered them incapable of acting prudently.
For a non-medical example, imagine you are driving, and a child suddenly runs out in front of your car. You swerve to avoid them and collide head-on with a driver coming from the other direction. In this case, even though you suddenly veered into oncoming traffic, the presence of an emergency situation could mitigate your responsibility.
One way to think about this sudden emergency doctrine is that typical standards of prudent conduct may not apply in emergencies that require immediate decision-making. Instead of considering what a reasonable person would do in general, the sudden emergency doctrine considers what a reasonable person would do in that specific emergency scenario.
What Are Some Examples of Sudden Medical Emergencies?
Examples of sudden medical emergencies that can cause car accidents might include the following:
- Heart attack
- Stroke
- Fainting spells
- Loss of vision
- Delusions
- Seizure
- Choking
- Brain aneurysm
- Loss of consciousness
Any medical emergency that causes you to lose control of a vehicle could form the basis for a sudden emergency defense in a civil case.
Who Can Be Held Liable in a Sudden Emergency Car Accident Case?
In order for a driver to avoid liability in a sudden emergency case, one important thing must be true: The at-fault driver must not have caused or contributed to the emergency they were responding to.
For example, imagine a driver runs a stop sign and strikes a pedestrian while trying to avoid oncoming traffic. In this case, the sudden emergency defense would not hold, as the at-fault driver created the emergency situation by running the stop sign in the first place. As long as the at-fault driver could have reasonably acted to avoid creating the emergency, they cannot use the sudden emergency defense to avoid liability.
This matters as South Carolina is a comparative negligence state, meaning that accident victims can still recover damages if they share partial liability. As long as you share less than 50 percent liability for an accident, you can still recover financial compensation in a lawsuit. Arguing that you were reacting to a sudden emergency could reduce the amount of liability you bear, ultimately increasing the final value of any financial settlement or verdict.
Who Has the Burden of Proof in a Sudden Emergency Case?
In sudden emergency cases, the burden of proof is on the party asserting the defense. If you are involved in a car accident and want to use a sudden emergency defense, you need evidence showing you were responding to an emergency and were not the cause of the emergency situation.
For instance, if you suffered a medical episode that caused a crash, you would likely have to refer to documents establishing your condition and medical care. You would also have to show that you completely lost consciousness and did not recover consciousness within time to avoid an accident. If you did not receive medical care for your episode after the accident, it could weaken any sudden emergency defense you present. Proving a sudden emergency is a delicate process, which is why you want the help of an experienced car accident lawyer.
How Do Pre-Existing Conditions Affect Sudden Emergency Claims?
Pre-existing conditions can complicate sudden medical emergency cases because knowledge of a pre-existing medical condition can impute liability.
For example, someone with a known pre-existing condition that causes fainting might not be able to use a sudden emergency defense if they faint and lose control of their car. Because they knew about their condition, they could have avoided the incident by not operating a motor vehicle in the first place. Operating a motor vehicle with knowledge of their pre-existing condition may constitute negligence, even if they didn’t do anything specific to induce the fainting spell that caused the crash.
In these types of sudden emergency cases, the primary defense strategy involves showing that the at-fault driver could not have reasonably foreseen the circumstances. If, for example, the driver has no pre-existing diagnosis and no medical history of fainting spells, they could likely use the sudden medical emergency defense to avoid liability in a car accident.
Contact a South Carolina Car Accident Lawyer
Sudden emergency defenses are difficult to pursue and require a deep understanding of related concepts of negligence and liability. The attorneys at McKinney, Tucker & Lemel LLC can investigate your car accident case and help you maximize your recoverable compensation by minimizing the fault you bear.
We have served South Carolinians for over four decades and have recovered over $100 million in damages for our many satisfied clients. When we are on the case, we won’t rest until we have explored every avenue for recovering as much compensation as possible. Contact us online or call today for a case consultation with a car accident attorney in South Carolina.
