We have all been driving and something unexpected has happened on the road. A deer runs out in front of your car, debris falls out of the back of a truck, or another car swerves into your lane. Defensive driving is very important because we cannot control others driving or unexpected events like an animal crossing the road.
When we are put in a sudden emergency or potentially dangerous situation, we are forced to quickly act to avoid an accident or injury. According to South Carolina law, if a driver is placed in such a situation and he makes a choice that a rational person would make in the same situation, he is not considered guilty of negligence even if his actions were not the best ones to make. This law allows for error on behalf of the driver who is faced with an emergency situation.
Overall this law applies to a driver if it can be shown that they were confronted with what appeared to be an emergency or dangerous situation, they did not contribute to the emergency, and when faced with the situation, they acted like a rational person would in similar circumstances. The law of sudden emergency does not apply, however, if the driver contributed to the emergency.
If you experience a situation like this and become seriously injured by the recklessness of another driver, you may need a personal injury lawyer. Dirk Derrick of The Derrick Law Firm in Myrtle Beach, SC has over 25 years of experience in helping clients get the benefits they need when they are hurt. Please call 843-248-7486 for your free consultation.