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.
Sudden Emergency and Peril
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 correct ones to make. This law allows for error on behalf of the driver who is faced with an emergency situation.
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