In the New York case Bello v. Transit Authority of New York City, the court ruled applying a legal principle called the emergency doctrine. This case involved a New York bus driver who suddenly stopped the bus based on panic from passengers about a bomb threat. The plaintiff sued the Transit Authority for the damages that resulted from hitting her head during the sudden stop. Under the emergency doctrine, where a sudden and unexpected circumstance leaves a person without enough time to contemplate or weigh alternative courses of action, that person cannot reasonably be held to the standard of care require of one has had a full opportunity to reflect.
How does blinding sunlight factor into NY accidents?
In Bello v. Transit Authority of New York City, the emergency doctrine was an effective and a valid defense that relieved the driver and transit authority of liability. However, in another case where sunlight blinded a driver and the driver hit and killed a pedestrian crossing the street, the emergency doctrine did not hold up as an affirmative defense. Read More
Whenever involved in a serious accident, seek legal help from an experienced New York car accident lawyer.