What Happened To The Three Second Rule?

Eight people were injured, at least three of whom were immobilized on backboards, following a multi-car collision in East Harlem involving the NYPD’s new Strategic Response Group.
First responders had to use the Jaws of Life to extricate several crash victims; the wreck took place near the intersection of the FDR Drive and East 116th Street. A civilian car travelling ahead of the SRG convoy unexpectedly slowed, causing the lead car to rear-end the civilian vehicle. That collision triggered a chain-reaction crash that engulfed not only the other three police cars, but also another civilian vehicle.
The newly-formed SRG is the NYPD’s primary response unit for terrorist incidents and similar occurrences.
Legal Issues in a Rear-End Crash
Liability may seem rather straightforward in these instances, but insurance companies often cite a defense to reduce the victim’s damages, or perhaps even deny compensation altogether.
The sudden emergency doctrine applies when the otherwise negligent driver is faced with an unexpected situation; the situation must be completely unanticipated and the driver must react reasonably in the wake of the emergency.
Believe it or not, this clip from the 1995 movie Tommy Boy is illustrative of this defense. The hood flying up is a classic example of a “sudden emergency” in the legal sense of the phrase. But, the defense may not apply in a hypothetical wreck, because Tommy did not act reasonably by pulling over to the side of the road.
An argument could also be made that the event was not unanticipated, because the viewer later learns that Tommy left an empty oil bottle under the hood, thus causing the fly-up. However, given Tommy’s rather limited mental acuity, it is doubtful that he could have made a connection between the two events.
Courts have consistently held that slow-moving vehicles and potholes are not sudden emergencies, because these things can be reasonably anticipated. A tire blow-out is in a grey area.
If a serious injury is involved, damages in a car crash case may include compensation for both economic and non-economic losses. Punitive damages may also be available, in some circumstances.
Liability in a tort case is rarely clear-cut. For a free consultation with attorneys who know how to use the law to your advantage, contact us. Our main office is conveniently located near Grand Central Station.