Home » Government Articles » Court Rules the Emergency Doctrine Can't Be Used for Sun in Eyes
Court Rules the Emergency Doctrine Can't Be Used for Sun in Eyes
Have you ever been blinded by the sun while driving? If so, you'll want to see how New York courts treat accidents caused by drivers with the sun in their eyes.
November 16, 2011 /Government PR News/ -- It's a familiar problem that drivers occasionally encounter. You're driving down the street and all of a sudden, perhaps after turning a corner, you get the sun right in your eyes, temporarily blinding you. In this situation, are you held to the same driving standard than at any other time? Can you face criminal charges as well as multiple traffic violations in the event of an auto accident?
Following a ruling by New York's highest appellate court, the answer apparently is yes.
The Underlying Incident
In February 2000, in Syracuse, New York, a pedestrian was struck and killed by a car driven by a driver who said that he had been temporarily blinded by the sun. A lawsuit by the victim's estate accused the driver of negligence. The driver testified that the sun in his eyes caused him to look down at the moment he would have needed to begin braking. By the time he looked back up and saw the pedestrian, it was too late.
Emergency Doctrine
The focal point of the trial involved what is known as the "emergency doctrine." According to New York's courts, as summarized in Bello v. Transit Authority of New York City, this doctrine states that "those faced with a sudden and unexpected circumstance, not of their own making, that leaves them with little or no time for reflection...may not be negligent if their actions are reasonable and prudent in the context of the emergency."
Court Rulings
At trial, the jury was read the emergency doctrine. They found in favor of the driver. That ruling was upheld by an intermediary appellate court. But when the case reached the New York State Court of Appeals, the high court concluded that the jury should never have been instructed on the emergency doctrine. Chief Judge Jonathan Lippman explained that at that time of the day, it "is well known, and therefore cannot be considered a sudden and unexpected circumstance" that the sun will be setting and may obstruct the vision of a driver heading west.
Implications
In the event of an accident involving the sun, drivers can not only be cited for a number of traffic offenses that would affect their driving privileges, but they also could face criminal charges or be found negligent if they are sued in a civil case. When driving during sunrise or sunset, it is probably best for drivers to exercise extreme caution.
Article provided by Colwell Colwell & Petroccione LLP
Visit us at www.trafficviolationlawyerny.com
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