FOR BREAKING NEWS VISIT WWW.QNS.COM SEPTEMBER 5, 2019 • THE QUEENS COURIER 81
SPEEDING TOWARD THE INTERSECTION
Q: On a road coming off of the Thruway, a car was approaching a stop sign
very, very fast. In the intersection, the car broadsided a pick-up truck. The truck
flipped over and collided with my motorcycle, and then a minivan behind me collided
with my motorcycle. I have photos showing extensive damage to the rear of my motorcycle,
damage to the front of the minivan, and that my saddlebag and luggage rack
landed on the pavement beside the minivan.
A: Seemingly, the evidence, although circumstantial, supports the inference that
the front of the minivan came into contact with the rear of your motorcycle. The
attorney for its driver is likely to argue that she was operating the minivan lawfully and
prudently prior to the accident, and therefore is entitled to invoke something called the
‘emergency doctrine’. The emergency doctrine holds that when an person is faced with
a sudden and unexpected circumstance which leaves little or no time for thought,
deliberation or consideration, or causes the person to be reasonably so disturbed that
the person must make a speedy decision without weighing alternative courses of
conduct, the person may not be negligent if the actions taken are reasonable and
prudent in the emergency context.
In determining whether the actions of the minivan driver are reasonable in
light of an emergency situation, the court must consider both (a) her awareness of the
situation and (b) her actions prior to the occurrence of the emergency.
Suppose that the minivan driver saw, or should have seen, both (a) the car
speeding toward the intersection and (b) the pick-up truck approaching the intersection.
Suppose that she saw, or should have seen, your motorcycle slowing down in front
of her minivan. Suppose that it is common knowledge that a lot of accidents happen at
this intersection because people do not pay attention to the stop sign at the exit road.
Suppose that, despite this, the minivan driver did not slow down, move over, or apply
her brakes until after she saw the car smash into the truck. If so, your attorney is like
to argue that the minivan driver, in taking no evasive action and in making no effort to
slow down, or move over, or otherwise attempt to avert the impending collision, failed
to conduct herself reasonably under the circumstances.
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