Can a Long-Term Illness Cause a “Sudden Emergency”?

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In Georgia, a defendant in a personal injury case arising from a car accident may argue what is known as the “sudden emergency” defense. Put simply, this means the defendant alleges he or she was presented with a sudden emergency and had insufficient time to react. If this was the case, the sudden emergency relieves the defendant of any and all liability for any accident arising from the sudden emergency.

Woodard v. Dempsey

The key to this defense is that the defendant could not have reasonably foreseen the emergency—otherwise it is not really a “sudden” emergency. An ongoing federal lawsuit in Atlanta illustrates how factual disputes over whether a defendant has alleged an actual emergency may arise.

The accident itself took place in Marietta in March 2014. The defendant was passing through Georgia during an interstate trip from Ohio to Florida. While approaching an intersection, the defendant said he “was physically unable to lift his right foot off the accelerator,” according to court records. To avoid hitting the cars in front of him, the defendant said he “swerved” off the road onto a grassy area on the right side of the highway.

But this ended up making things worse. The defendant’s vehicle struck a signpost on the side of the road and he “lost control.” The vehicle continued to move forward and eventually “went airborne.” Tragically, the defendant’s vehicle landed on top of the passenger side of a truck, killing the passenger and seriously injuring the driver. (The deceased passenger was the truck driver’s daughter.)

The victims subsequently filed a personal injury and wrongful death lawsuit against the defendant in Georgia state court. The defendant, who is not a Georgia resident, had the case transferred to federal court. The defendant then moved for summary judgment in his favor, arguing that the inability to lift his leg was a “sudden emergency” that absolved him of any liability for the accident.

In an August 1 order, the judge presiding over the case denied the motion. While an “illness” can be construed as an “act of God”—and therefore a “sudden emergency”—the evidence in this case suggested the defendant was not faced with an unforeseeable. The judge noted that the defendant has a medical condition called polymyositis, which is a “is an uncommon inflammatory disease that causes muscle weakness affecting both sides of your body,” according to the Mayo Clinic. The defendant acknowledged during pretrial discovery that “he has noticed a worsening of his leg problems” over the past five years. Given this information, a jury might conclude that the defendant’s inability to lift his foot off of the accelerator—the event that initiated the chain reaction leading to the victim’s injuries—was a “foreseeable” consequence of the defendant’s long-term medical problems, and not a “sudden emergency.”

The judge also noted the defendant also entered a guilty plea in Georgia state court on charges of “failure to maintain lane” in connection with the accident. Under Georgia law, violating a state traffic regulation is considered prima facie evidence of negligence. While this does not conclusively establish the defendant’s liability in a subsequent personal injury lawsuit, the judge here said it offered yet another reason to deny the defendant’s motion for summary judgment.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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