An unusual and terribly unfortunate
auto accident case from New York has recently garnered a lot of media attention. But
there is a legal point to the case which is important everywhere, including Florida.
The New York case began when a young woman from Manhattan was driving her
friends from the Jersey Shore back toward the New York City area. While
she drove, one of her backseat passengers reached forward and untied the
strings of her bikini top. The bikini top fell, the driver took her hands
off the wheel to cover up, and the car crashed and flipped. The backseat
prankster was killed, and several other passengers in the car were injured.
One of the injured backseat passengers then sued the driver. New York media
had a field day, covering the story with all types of sophomoric wordplay
not worth repeating.
The first and most obvious lesson is that playing those kinds of jokes
on drivers is a terrible idea. Creating any type of distraction for a
highway driver is no laughing matter, and as the case proves, can result
The second lesson is that a driver distracted in this way has a possible
defense to fault for a car accident. In limited circumstances, a driver
can be excused from fault if something truly unexpected happens which
causes them to crash. A jury cleared the young woman driver in the New
York case for that reason, and an appeals court upheld that verdict.
The appeals court decision was not just an endorsement of some quaint,
Victorian notion about a young woman's modesty. The court actually
found that the driver's fallen bikini top created "a sudden and
unforeseen emergency." The court found the emergency made it reasonable
for her to take her hands off the wheel. What would have been negligent
in most circumstances was not in that particular situation.
The sudden emergency doctrine is a well-established doctrine in the law
of many states, including Florida. A fallen bikini top is one possible
emergency, but there are many others. One can claim this defense if a
child or animal darts into the street ahead of them, or a car ahead slams
on its brakes for no reason. People have even tried to claim the defense
when they are distracted by sneezing or a bee buzzing in the car around them.
However, the most common basis for a "sudden emergency" defense
is an unanticipated medical event, like fainting or a heart attack. In
our office, we've had cases where apparently negligent drivers claim
to have blacked out without warning. They have tried to use this claim
as a complete defense to fault.
Accident victims are understandably upset when they hear a defendant is
trying to avoid responsibility for a crash just by claiming they blacked
out. Fortunately, there are ways to fight back.
Often, we've found that a driver who claims a blackout was unexpected
really could have expected it after all. The driver might have a medical
condition, such as epilepsy or diabetes, which made them more likely to
lose consciousness behind the wheel. They might have even had the same
thing happen before. In such cases, one cannot say that a blackout is
really a surprise.
In other cases, other occupants of the car might disagree that their driver
passed out. The driver might admit fault at the scene before contriving
a blackout defense. If the apparently at-fault driver gets medical treatment,
there might also be a conspicuous absence of medical information about
an alleged blackout.
To conclude, a sudden emergency defense can be legitimate under some circumstances.
However, a lawyer faced with such a defense should always investigate
to make sure it is not just a get-out-of- jail-free-card being played
by the defense.