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Is A Sudden Emergency A Legal Defense When Someone Causes A Car Crash?

John J. Malm & Associates Personal Injury Lawyers

Illinois roads can present drivers with a wide range of challenges, including situations classified as “sudden emergencies.” These events, which occur without warning, demand split-second decisions that can sometimes lead to severe car accidents. At John J. Malm & Associates, our team of experienced Illinois car accident attorneys in Naperville and St. Charles has decades of experience helping individuals navigate the aftermath of accidents involving sudden emergencies.

In this blog, we’ll discuss what constitutes a sudden emergency on Illinois roads, how it impacts legal liability in car accident cases, and provide examples of settlements that we have secured for clients who were injured in vehicle accidents after a sudden emergency led to a crash.

What Is a Sudden Emergency?

A sudden emergency is a situation that arises unexpectedly and leaves a driver with little or no time to react. These emergencies often involve conditions or events that are outside the driver’s control. In Illinois, the “sudden emergency doctrine” may be used as a defense in cases where a driver’s actions are called into question after an accident.

Examples of Sudden Emergencies:

  1. Mechanical Failures: A sudden brake failure or tire blowout.
  2. Medical Emergencies: A driver experiencing a heart attack, seizure, or other debilitating medical condition.
  3. Obstructions: Debris falling onto the road or a vehicle suddenly swerving into another lane.
  4. Weather Conditions: Unexpected ice, flooding, or high winds causing the loss of vehicle control.
  5. Animal Encounters: A deer or other animal darting onto the roadway.

While these situations are beyond a driver’s control, the sudden emergency doctrine does not absolve them of liability if their actions contributed to the emergency or if they failed to act as a reasonable person would under the circumstances.

Illinois courts have found sudden emergencies (also known as “Act-of-God”) apply when an unforeseeable and sudden illness renders a defendant incapable of controlling his or her vehicle. Evans v. Brown, 399 Ill.App.3d 238, 246 (4th Dist. 2010). However, if a driver’s actions are found unreasonable—such as failing to slow down in inclement weather or neglecting vehicle maintenance—the sudden emergency defense may not absolve the driver of liability. When a driver claims a sudden emergency caused an accident, the court evaluates the situation to determine if the driver’s response was reasonable. To successfully use the sudden emergency defense, a driver must demonstrate:

  1. The Emergency Was Unforeseen: The event could not have been anticipated or avoided.
  2. The Driver’s Reaction Was Reasonable: The actions taken in response to the emergency were appropriate given the circumstances.
  3. The Emergency Was Not Self-Created: The driver did not contribute to or cause the emergency.

If a driver’s negligence—such as speeding, distracted driving, or failure to maintain their vehicle—played a role in the emergency, they may still be held liable for any resulting accidents.

Preventing Sudden Emergencies

While not all emergencies can be avoided, there are steps drivers can take to reduce the likelihood of encountering one:

car accident
  1. Vehicle Maintenance: Regularly check brakes, tires, and other critical systems to prevent mechanical failures.
  2. Adjust for Weather: Drive at safe speeds and maintain a longer following distance during adverse weather conditions.
  3. Stay Alert: Avoid distractions such as texting or eating while driving.
  4. Plan Ahead: Monitor traffic and weather reports to anticipate potential hazards.
  5. Stay Calm: Practicing defensive driving techniques can help you respond effectively to unexpected events.

Examples of Settlements Secured in Claimed Sudden Emergency Cases by John J. Malm & Associates

  1. Diabetic Coma and Rear-End Collision In one case, a defendant passed out while operating a motor vehicle due to symptoms of a sudden diabetic coma. This resulted in a rear-end collision with our client’s vehicle. Despite the defendant’s medical emergency, we demonstrated that the driver failed to take proper precautions to manage their medical condition before driving. Our client, who suffered a severely torn rotator cuff requiring surgery and extensive rehabilitation, received a settlement of over $725,000.
  2. Epileptic Seizure Leading to Intersection Collision In another case, the defendant caused an intersection collision after allegedly experiencing an epileptic seizure while driving. Although the seizure was sudden and unforeseen, we uncovered evidence that the defendant’s condition was poorly managed and that they failed to comply with medical advice regarding driving restrictions. Our injured client, who sustained multiple serious injuries, was awarded a policy limits settlement of $250,000, covering medical expenses, lost wages, and pain and suffering.
  3. Jackknife Accident with Fuel Spill A semi-truck jackknifed after hitting a patch of black ice, causing its diesel tank to rupture and spill fuel across multiple lanes. The slick road conditions led to a multi-vehicle accident. Our firm demonstrated that the trucking company failed to maintain proper safety protocols, resulting in a favorable settlement of $125,000 for a victim who sustained a partially torn rotator cuff.

Understanding Your Rights After a Sudden Emergency Accident

If you’ve been involved in an accident involving a sudden emergency, it’s important to understand your rights and options for pursuing compensation. Key steps include:

  1. Seek Medical Attention: Prioritize your health by getting evaluated by a medical professional.
  2. Document the Scene: Take photos of the accident site, including any contributing factors such as road conditions, vehicle damage, or debris.
  3. Gather Witness Statements: Collect contact information from anyone who witnessed the incident.
  4. Consult an Attorney: Reach out to an experienced personal injury attorney who can investigate the circumstances of the accident and advocate on your behalf.

Why Choose John J. Malm & Associates for your Illinois Car Accident Case?

At John J. Malm & Associates, we have over 90 years of combined litigation experience helping clients recover compensation after accidents involving sudden emergencies. Our team of top-rated Illinois car crash attorneys understands the complexities of these cases and is committed to ensuring that negligence does not go unchecked.

As Naperville car accident attorney John J. Malm explains, “We know that sudden emergencies do happen.  In most cases, we obtain facts through our own investigation that can make the sudden emergency defense unavailing when a car crash occurs. Our law firm has successfully recovered meaningful settlements for clients who were injured in accidents contributed to by sudden emergencies. We follow the facts where they lead. Our experienced car accident litigators are dedicated to holding negligent parties accountable and securing justice for our clients.”

If you or a loved one has been injured in an Illinois car accident involving a sudden emergency, we urge you not to make a decision about your personal injury case before speaking with an attorney.  Contact us today for a free consultation to learn more about your rights. With offices in Naperville and St. Charles, we’re here to provide the support and guidance you need to move forward.

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