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Court of Appeals Swerves on Sudden Emergency Defense

Motor Vehicle Litigation / June 1, 2023

The sudden emergency defense can be used to rebut presumptions of negligence, but only if the sudden emergency is actually unexpected. 

Even if it is unexpected that a vehicle would suddenly swerve into another lane, it is not unexpected that other vehicles would have to stop to avoid that swerving vehicle. This is not a sudden emergency.

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