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