How the Sudden Emergency Defense Works in Texas Law

After an accident in Texas, the injured party and the at-fault party may end up in a civil liability dispute. A civil lawsuit seeks to reimburse an injured or wronged party for his or her damages by holding the negligent party accountable. The purpose of a tort claim is to extract financial compensation from someone who behaved negligently. The negligent party may avoid or reduce his or her liability, however, by using the sudden emergency defense.

The sudden emergency doctrine is a defense an attorney may use to combat allegations of his or her client’s negligence. The lawyer of the defendant, or at-fault party, could seek to reduce his or her client’s liability by arguing the existence of a sudden emergency in relation to the defendant’s actions. If, for example, a driver abruptly cut across three lanes of traffic and caused an accident, his or her attorney could argue that the move was necessary because his or her tire blew out, creating a sudden emergency.

Lawyers use the sudden emergency defense most often in car accident lawsuits in Texas. Sudden emergencies while operating a motor vehicle could lead to split-second driver decisions that ultimately cause or contribute to car accidents. Whether the defendant will be liable for the collision depends on the reasonableness of his or her response to an actual or perceived emergency. Common emergencies on the road include a child choking, a tire blowout, a vehicle malfunction, a truck losing its load, something obstructing the driver’s view or a child suddenly darting out into the road.

The sudden emergency defense could protect a defendant from liability for an auto accident or another type of accident in Texas if a jury concludes that another reasonable person would have acted the same way when faced with the same emergency. In this case, the defendant may not be legally responsible for resultant damages. Although the sudden emergency defense is not very common, it could work if the defendant’s attorney can show evidence of four main elements.

It will be up to the defense attorney to protect the defendant from liability using the sudden emergency defense. This tactic, however, relies on the facts of the case for proof. Evidence that may support a sudden emergency defense includes a police report’s description of the accident, eyewitness accounts, the driver’s cellphone records, accident reconstruction and testimony from crash experts.

The point of the sudden emergency defense in Texas is to encourage, and not punish, people who take immediate action to respond to emergencies. Texas lawmakers want citizens to feel free to do what is necessary to save lives or get to safety without fear of liability for an accident. If you were responding to an unexpected emergency when you caused or contributed to a car accident in Texas, hire an attorney to help you present evidence supporting the sudden emergency defense.

It can also be important to hire an attorney if the at-fault party in your case is trying to use the sudden emergency doctrine to avoid paying for your damages. Your personal injury lawyer may be able to combat this defense by proving the defendant’s negligence in contributing to the emergency, or by showing that another person would have responded to the emergency differently. A personal injury lawyer in Texas can help you obtain fair compensation for your injuries and losses.

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