The Insurance Company Denied My Claim Saying it was an Emergency
Maryland drivers are charged with the obligation of using reasonable care to avoid car accidents, and generally for the safety of others when driving. However, the nature of that duty may change depending on the circumstances.
A driver faced with a sudden and real emergency situation, not a result of that driver’s misconduct, is required only to use the care and caution that a reasonable driver would, under those exact circumstances.
Personal injury defense lawyers have successfully argued, that drivers, due to weather, tire blowouts or other circumstances, are not responsible for car accidents that they were involved in.
The argument goes, that, if a person has done what any reasonably cautious prudent person would do when confronted with an emergency, then they are not negligent, even though there was a car accident, and even though that accident injured one or more individuals. I attorney Eric T. Kirk will tell you, it is difficult concept to grasp for those individuals who may find themselves injured as a result of an accident caused by an emergency situation. These injured individuals may be seeking monetary recovery because of the accident, and may be unwilling to accept that without a finding of legal responsibility for causing an accident, they are not entitled to receive anything. It can be a bitter pill, but fact finders in personal injury trials can be persuaded by these “emergency” arguments, which necessarily ignore concepts of driving too fast for conditions, failing to control a vehicle or failing to reduce speed to avoid an accident.