As an injured plaintiff, it’s important to understand that the defendant may avoid liability in a number of ways. One of the most common defenses — particularly in circumstances involving poor weather conditions — is the “sudden emergency” defense. If the defendant-driver maneuvered in such a way as to cause you injuries, but they only did so in order to reasonably avoid harm in a “sudden emergency,” then you cannot hold them liable for damages.
How does this work?
Suppose that you are driving behind a car on the highway during heavy rains when, suddenly, the car comes to a complete stop, causing you to swerve to avoid a rear-end collision. You end up flipping over and injuring yourself. During the lawsuit, the defendant attempts to avoid liability by arguing that a piece of the cliff-face next to the highway had broken off and slammed into the road in front of their car, forcing them to stop to avoid harm. Under such circumstances, the defendant could avoid liability.