Maybe. In Virginia, the sudden emergence doctrine will excuse the driver of a vehicle from liability if certain conditions are met which establish that the driver was responding to a sudden and unexpected emergency at the time of the accident.
The Virginia Supreme Court has written that a defendant in a personal injury lawsuit who claims that the sudden emergency doctrine excuses him or her from liability must prove the following:
(1) that the defendant was confronted with an emergency;
(2) that the emergency was not created by the defendant’s negligence; and
(3) that the defendant conducted himself or herself as an ordinarily prudent person would have under the same or similar circumstances.
Furthermore, the Virginia Supreme Court has written that the emergency that confronted the defendant must have been “an unexpected happening, an unforeseen occurrence or condition.” Satisfying the elements of the sudden emergency doctrine is rarely accomplished by defendants in personal injury lawsuits, and for that reason, juries hearing personal injury cases in Virginia are seldom instructed on the sudden emergency doctrine.
Sudden Mechanical Malfunction
In the case of a sudden mechanical malfunction, however, it is possible that a jury hearing a personal injury case could be given an instruction on the sudden emergency doctrine and told that if they determine that the elements of the sudden emergency doctrine have been met, then defendant in the personal injury case will not be considered negligent.
One scenario where a defendant in a personal injury case might successfully claim the sudden emergency doctrine would involve the sudden and unexpected malfunction of a car’s accelerator, causing the car to accelerate out of control and strike another vehicle.
Suppose the jury hearing the case determines that the sudden and unexpected acceleration was caused by a mechanical malfunction of the car, that the negligence of the driver did not bring on the acceleration, and that the driver of the vehicle that accelerated out of control conducted himself or herself as an ordinarily prudent person would have under the same or similar circumstances.
In that case, the vehicle driver who accelerated out of control might be excused from liability for injuries resulting from the car accident.
Sudden Emergency Doctrine
Questions regarding applying the sudden emergency doctrine are specific to the individual personal injury case, and we encourage you to contact one of our personal injury lawyers in Virginia Beach. We can advise the prospective client whether the potential defendant in a personal injury lawsuit has a legitimate basis for claiming that the accident was caused by a sudden mechanical malfunction rather than the defendant’s negligence. As in all personal injury cases, an experienced personal injury lawyer can also advise the injured person as to the value of the injury claim, can guide the injured person through the process of making a claim with the applicable insurance company or companies, and can represent the injured person in the litigation of the personal injury claim, if a personal injury lawsuit becomes necessary.
Schedule a Consultation With Preston, Wilson & Crandley, PLC
At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
If you need a Personal Injury Attorney in Virginia Beach, contact us at (757) 486-2700.
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