I was badly cut attempting to remove someone from their car through a broken window. I had seen an accident between two cars and stopped to see if I could call an ambulance. A car crossed over a double yellow line and struck another vehicle, landing in a ditch. When I got to the car in the ditch, the driver seemed to be panicking, trying to get out through the broken driver’s window. I tried to help the driver through the window. I badly cut my arm and needed to be hospitalized myself. Do I have a case against anyone?
The short answer is yes. As explained in prior blogs, a principal announced in a legal decision is “common law.” Over the course of decades, the common law has the same effect as any statute that is passed by the legislature and signed into law by the governor. The Emergency Situation Doctrine is the applicable law.
Judge Cardozo used the phrase “danger invites rescue” in an important Court of Appeals decision explaining the Emergency Situation Doctrine over a hundred years ago. The doctrine states that when a person sees another person in danger, the person who attempts to help the person in danger has a claim against the negligent parties that created the dangerous situation. (The person attempting the rescue though cannot act in a reckless manner.)
Danger Invites Rescue
In this case, when you saw the two vehicle collision, you were compelled to see what you could do to help the people involved. You wanted to see any injuries, and if so, summon an ambulance. When you came upon the person panicking, you attempted to assist that person from their vehicle. You were injured assisting that person exiting the vehicle.
Your claim is against the party or parties that created the situation. You may have a claim against both drivers. You have a claim against the driver that crossed over the yellow line because that driver was not following the Vehicle and Traffic Law in their vehicle operation. However, the driver you rescued could be negligent if that driver did not take any action to avoid an accident. A jury evaluates statements from both drivers to determine if there was fault.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.