A motor vehicle operator has a duty to make movements in a way that doesn’t pose a danger to others, and they also have a duty to give sufficient warning of their intentions. Duties of signaling and lookout are often outlined in statutes, and require care on the motorist’s part. However, an emergency situation may bring about a sudden stop that prevents the motorist from signaling beforehand.
Can a Driver Be Liable for a Sudden Stop?
A driver’s failure to signal may be considered negligence if someone else is injured as a result. Determination of liability in these cases is often dependent on the case’s specific circumstances, and courts consider multiple factors. If the motorist actually signaled or if the situation precluded the giving of a signal, the case’s outcome can change.
In a collision after a sudden stop caused by traffic, courts generally hold that the driver cannot be held responsible because of the stop’s suddenness. Rather, the courts hold that all drivers in traffic should anticipate a sudden or un-signaled stop. Where a stop is made because of a traffic signal, a driver who suddenly stops isn’t typically held liable. Courts usually hold that the other driver’s failure to signal is excused, or that the follower was just as liable as the other driver.
Can an Uninvolved Driver Be Held Liable?
A driver who suddenly and negligently comes to a stop without signaling can be liable to anyone injured as a result of the negligent act, even if they weren’t involved in the incident. Courts have found that stopping drivers have been liable in crashes involving following or crossing vehicles, as well as those involving pedestrians. A driver who stops or slows may be liable to an injured passenger, either because of a collision or because of injuries sustained while being thrown about the inside of the car.
Should a Driver Call a Lawyer About a Sudden Stop Accident?
If one is involved in an accident after another person’s sudden stop, they should call a motor vehicle accident attorney right away. A motor vehicle accident attorney such as Danny E. Darnall, Attorney can help the client prove their case, and they can assert the client’s right to make a recovery for their injuries. You can also connect them on Facebook for more updates.
