Sudden Emergency Laws and How They Could Affect Your Injury Case

Sudden Emergency Laws and How They Could Affect Your Injury Case

 Posted by:    Mar 31, 2015  

So you get hit by somebody who gets out of the car and says, "I had a sudden brake failure," or you get hit by somebody in a car and the police tell you they were passed out. They passed out behind the wheel and they caused the crash that way or you get hit by somebody who was avoiding an animal in the road. Up until very recently, all of those things, which have been called by the insurance industry "sudden emergency's" and they used to be the way the insurance companies could avoid paying your claim for injury. Recently, those laws have all changed. Sudden emergency is no longer a defense the insurance company can rely on.

Point of the matter is almost every occasion where somebody gets behind the wheel there's very rarely a situation where you see a sudden brake failure, but if you actually take the time to go and inspect the vehicle, what you find is almost always this is not a sudden brake failure, somebody cut the line. This is gross negligence on the part of the owner of the vehicle to maintain properly a car. It's metal on metal. It's no brake pad. That's the brake failures. In those situations, not only is the insurance company responsible, but they're probably responsible to a greater extent because of the aggravated liability.

The law used to have a bright line that said these are sudden emergencies and you can't look beyond that, insurance isn't responsible. Well that whole area of law has gone away in Colorado. If that's what an insurance company is telling you, and they still might be saying these words, you need to talk to an experienced injury attorney because that area of law is gone. For more information contact us at 303-782-9999 or start your free injury case evaluation today.

Current Post Comments

Quick & Easy Contact

Are You a Robot? - Help

Review Us Online

Review Anderson Hemmat on Google Plus
Review Anderson Hemmat on Facebook
Review Anderson Hemmat on
Review Anderson Hemmat on Yelp
Review Anderson Hemmat on AVVO
Talk to Anderson Hemmat Past Clients

Firm Associations

  • Featured in Super Lawyer Magazine
    Featured in Super Lawyers
  • AV Preeminent Rating 2017
    AV Peer Review Rated
  • Colorado Supreme Court
    Colorado Supreme Court
  • AVVO Rated Law Firm
    AVVO 10.0 Rated Law Firm
  • Colorado Trial Lawyers Association
    Colorado Trial Lawyers Association
  • Colorado Bar Association
    Colorado Bar Association
  • National Trial Lawyers
    National Trial Lawyers Association
  • American Association for Justice
    American Association for Justice
  • American Institute of Legal Counsel
    American Institute of Legal Counsel
  • Find Law
    Featured on Find Law
  • ASLA
    American Society of Legal Advocates
  • CATL
    Class Action Trial Lawyers Association
  • Rue Rated Attorneys
    Rue Rated Attorneys
  • Justia
    Justia Member
  • Million Dollar Advocates Forums
    Million Dollar Advocates Forums
    Featured on
    National Academy of P.I. Attorneys
  • NOLO
    Featured on
  • Top American Lawyers Association
    Top American Lawyers Association
  • Best Law Firms of America
    Best Law Firms of America
  • Trial Masters
    Trial Masters Member

Blog Post Archive


Captcha Image
Anderson Hemmat, LLC
5613 DTC Pkwy #150 Greenwood Village , CO 80111
Phone: (303) 782-9999

The information on this website is for general information purposes only. Nothing on this should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Copyright © Anderson Hemmat, LLC | By +Chad Hemmat | Colorado Injury Accident Attorneys | Personal Injury Blog | About Anderson Hemmat Law Firm | Privacy

Anderson Hemmat Logo

Reset Your Password