QUESTION

Can B hold A responsible for damages incurred to car B, on the grounds that had A not turned his nose, no, or minimal, damage would have been caused?

Asked on Mar 28th, 2014 on Personal Injury - North Carolina
More details to this question:
Alright let's imagine a situation where two drivers and their cars are stopped at a red traffic light which is at a four way intersection, we'll call them driver A and driver B. Drivers A and B are in a two lane road, one car in each lane, with two other lanes going the opposite direction on the other side of the road but there is a barrier blocked access to that side of the road. While drivers A and B are sitting at the given traffic light, another driver and his car comes speeding down the road, driver C, while being chased by police officers in their own squad cars. Driver C comes upon the intersection that drivers A and B are waiting at and, since he is needing to escape from the police, determines that there is enough space between cars A and B to squeeze his car in between. As he attempts to make this maneuver, driver A notices this and turns the nose of his car such that it blocks passage between the cars. Driver C, in a panic, guns the engine, hits both cars, and does extensive damage. Driver C continues on his path to escape, or not escape; anything after this point about driver C is irrelevant to my question now.
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2 ANSWERS

James Eugene Hasser
B can try to, but liability would probably be a question of fact. An additional factor to consider is the emergency doctrine which states that when a motorist is faced with an emergency situation by no fault of his own, he is not held to the same correctness of judgment and action if he had the time and opportunity to fully consider the situation. If it is applied here, it could substantially elevate the standard of care owed by A to the point of immunity. Good luck.
Answered on Apr 01st, 2014 at 7:40 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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No. Of course not.
Answered on Apr 01st, 2014 at 7:32 PM

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