Who Is Responsible If You Are a Passenger In a Car That Hits a Deer, Loses Control, Swerves Into a Tree, And Then As a Result the Passenger Sustains a Catastrophic Injury or Death?
I recently had the opportunity to review a situation where a passenger in a car was severely injured after the driver hit a deer, swerved, and then hit a tree. Many lawyers might argue that the sudden appearance of a deer raises a defense known as the “sudden emergency” doctrine. An experienced Philadelphia car accident lawyer would argue that drivers of all vehicles have an obligation to keep their car under control at all times and when driving through a wooded area where there is or should have been notice of deer crossings, the driver of the vehicle should have proceeded cautiously. In order for the driver of a vehicle to be held negligent and liable for injuries suffered in a car accident, the plaintiff has a burden to prove that the driver of the vehicle was driving in a thoughtless or careless manner which caused harm or injury to another.
Each car accident case is unique and must be skillfully tailored to the specific circumstances of each unique fact pattern. The experienced Philadelphia car accident lawyer must demonstrate that the offending party or driver breached what is known as “the duty of reasonable care” which means that if the defendant’s behavior is not necessarily similar to how a reasonable person would have acted under the circumstances, an argument can be made that there was a violation of the duty of reasonable care.
Every year there will be 1.5 million car accidents caused by deer on the highways. Many suburban neighborhoods of Philadelphia and throughout the Commonwealth of Pennsylvania have been noted to have too many deer. As I live in a wooded suburban area of Philadelphia, there is almost not a day that goes by that I do not see deer in the woods or on the side of the road, and of course, I normally exercise due caution in these locations. Violent collisions with a deer by an automobile or other motor vehicle is often the cause of catastrophic injuries and fatalities, not to mention extremely high property damage repairs. Pennsylvania tops the chart for the highest number of deer related automobile accidents. Since every case is unique, a Philadelphia car accident lawyer should always think outside of the box and consider all circumstances surrounding the accident in determining whether or not there is an appropriate claim for negligence and resulting liability. Many times, a product liability legal claim may underlie the actual striking of the deer due to the failure of a safety restraint or airbag defect.
Since 1979, the experienced Philadelphia and Pennsylvania car accident lawyers of Reiff and Bily have successfully litigated thousands of motor vehicle and car accident cases and always offer a free, no obligation consultation as well as a no recovery, no fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.
