Q: Somehow I must have lost control. According to the police report, as my car was coming out of a left curve on the road, it crossed into the oncoming lane of traffic. Personally, I have no memory of the collision or of any of the events preceding it. Everyone agrees that the road was level and clear of snow, although the sky was cloudy.
The other driver says that my car emerged from the shoulder off the edge of the road. At most, three seconds passed between the time he first observed my car and the collision. He says that he was driving within the posted speed limit and immediately removed his foot from the accelerator.
The police officers who arrived at the scene shortly after the accident say that the road was slippery. A deputy sheriff trained in accident reconstruction took various measurements, inspected the area and concluded that the impact had taken place wholly within the other driver’s lane.
A: When a car traveling in the opposite direction crosses into a driver’s lane, certainly there is an emergency situation. Doubtless, the other driver will claim that he was confronted with an emergency situation not of his making and acted reasonably in the face of this emergency.
Apparently, the other driver was faced with a sudden and unexpected circumstance that left little or no time for thought, deliberation or consideration, and forced him make a speedy decision without weighing alternative courses of conduct. It is likely that his actions will be found reasonable and prudent given the emergency context – unless you can come up with some strong evidence against him.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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