Life is inherently unpredictable, and as such, anything can happen at any given time, especially on our roads. Auto accidents involving motorcycle riders can be catastrophic because the rider usually doesn’t have a form of protection aside from their helmet and pads. This could cause them to suffer significant limb and head injuries while the other individual who’s sitting in a vehicle is protected from significant injury because they’re encased in a hunk of metal, and their airbag most likely deployed, cushioning them from injuries. Accidents on our roads can happen unexpectedly, and the other party may be caught unawares. However, one may still have a few moments to act to protect themselves from an impending accident and consequent injuries. This can be used as a defense strategy in a doctrine known as the sudden emergency doctrine, which states that the at-fault party acted in a reasonable manner to avoid, avert, or minimize the outcome of an accident and should, therefore, not be held liable for your injuries as a motorcycle rider. While this may seem unfair, there are certain legitimate instances where this doctrine holds. That being said, even if the defense applies this doctrine, the fact remains that you suffered injuries on account of their actions or lack thereof, and we would like to help you seek compensation during this difficult legal journey.

Are you looking for the best motorcycle injury attorney? Please call us NOW at 312-444-0214 to learn more about your legal options for justice and compensation. For over 25 years, the experienced motorcycle accident and injury lawyers at McCready Law have dedicated their professional lives to fight for the rights of injured Americans from all walks of life who suffered the consequences of negligence brought on by other individuals or entities. The McCready Law difference lies in the fact that we are not afraid to litigate should we feel that this is the best course of action to take considering your injuries and the circumstances of the accident. Most law firms, on the other hand, opt to engage in settlement negotiations with the insurance company which more often than not fetches a paltry financial settlement which is not sufficient to take care of all the damages you are seeking post motorcycle accident. We run a bilingual office (hablamos Espanol), and we have nationwide reach thanks to our network of referral law firms where your case will be processed by trusted teams of attorneys while we keep a close eye on the outcome of the same. All cases are taken up on contingency fee basis, meaning there are ZERO FEES paid by you during the processing of your case, as we will only levy our fees at the end of the process, and only if we’ve recovered compensation on your behalf. For your 100% FREE consultation into all things motorcycle injury claims, please call us NOW at 312-444-0214 to speak with one our friendly and compassionate motorcycle injury lawyers – our intake team is standing by.

The sudden emergency doctrine appreciates the fact that time is a limited resource in the moments leading up to an accident, and most of us will have to make split-second decisions in order to prevent a catastrophic event. In order to have a valid sudden emergency defense, one must show that said emergency was unforeseen, genuine, and outside the driver’s control. For instance, if the driver swerves in order to avoid a rabbit or moose on the road that just dashed across said road, it could be argued that the sudden emergency doctrine applies as long as the defendant can demonstrate their actions were reasonable under the prevailing circumstances.

Sudden Defense Doctrine Requirements

The invocation of the sudden defense doctrine requires that the following conditions be present:

• The emergency must be unexpected and sudden and as such, one could not have anticipated it prior to it happening
• The driver did not have any control with regard to preventing the incident or event
• The driver’s actions to the emergency were reasonable or fall within the bounds of what a reasonable person would have done had they been in the same shoes

These things must be true in order to use the sudden emergency doctrine defense strategy.

How to Counter the Sudden Emergency Defense in Motorcycle Accident Claims

The sudden emergency defense does not bode well for the prospects of your claim. However, all is not lost, as with us by your side, you can challenge the defense in a number of ways. For starters, you can gather evidence showing the defendant acted in a negligent manner, thereby contributing to the accident. This evidence could include things like traffic camera footage, cell phone records showing they were either taking calls or texting at the time, and so on. In addition, looking at the documentation surrounding the accident may reveal a different story than police reports and witness statements indicating the driver was inebriated, speeding, or attempting to overtake at the time of the accident, thereby skewing the case in your favor.

Experienced Motorcycle Accident Injury Attorneys – Call Us Today!

It is important to note that even with the successful application of the sudden emergency doctrine, one may still be able to recover compensation if it can be determined that the driver was contributorily negligent. Looking at the driver’s records and past traffic citations may also cast aspersions on their character, all of which can help make sure you’re not denied compensation. However, due to the complicated and nuanced nature of these cases, it is important that you seek legal representation so your rights to justice and compensation are assured. If you are a motorcycle rider were involved in a motorcycle accident that wasn’t your fault, please give us a call NOW at 312-444-0214 so we can take a look at your case in its entirety and advise further. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing McCready Law, and we look forward to helping you.