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Emergency Doctrine Explained—Bicyclist Fell In Defendant’s Lane of Traffic–Question of Fact Whether Emergency Doctrine Applied

The Second Department determined there was a question of fact whether the emergency doctrine relieved the defendant driver of liability for striking plaintiff bicyclist.  The bicyclist fell in defendant’s lane of traffic after striking the opening door of a parked vehicle.  The court explained the emergency doctrine as follows:

“The emergency doctrine holds that those faced with a sudden and unexpected circumstance, not of their own making, that leaves them with little or no time for reflection or reasonably causes them to be so disturbed that they are compelled to make a quick decision without weighing alternate courses of conduct, may not be negligent if their actions are reasonable and prudent in the context of the emergency” … . ” This is not to say that an emergency automatically absolves one from liability for his [or her] conduct. The standard then still remains that of a reasonable [person] under the given circumstances, except that the circumstances have changed'” … . “Both the existence of an emergency and the reasonableness of a party’s response thereto will ordinarily present questions of fact” … .  Mohr v Carlson, 2014 NY Slip Op 06067, 2nd Dept 9-10-14

 

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