Who’s Liable When Someone Tries to Avoid a Crash, Only to Cause Another?

By Yosi Yahoudai Founder and Managing Partner

August 22, 2025

Car Accidents

On July 28, a fatal collision shook Santa Rosa when a white Lexus swerved to avoid rear-ending a turning Toyota, veered into oncoming traffic, and struck a Honda head-on. The Honda driver died at the scene. Authorities continue investigating whether speed or alcohol played a role. 

If you’ve lost a loved one in a crash triggered by an evasive maneuver, here’s what California law says about your rights. 

Is Swerving to Avoid a Crash Considered Negligence Under California Law?

Under California law, the Sudden Emergency Doctrine – also referred to as the doctrine of imminent peril – allows a defendant to avoid liability if they faced an unforeseen danger and responded with the judgment expected of a reasonable person in that moment. 

According to California Civil Jury Instructions (CACI) No. 452, the defendant must prove all of the following: 

• There was a sudden and unexpected emergency involving actual or apparent danger of harm 

• The defendant did not cause the emergency 

• The defendant acted reasonably under the circumstances, even if a different response might have been safer 

Why the Sudden Emergency Defense Isn’t a Free Pass

The law places strict limits on this defense. For one, the driver must have had at least two different options once the danger was perceived. If there were no safer choices available, the defense might apply. But if the driver chose a more dangerous course of action when others were available, it often fails. 

The emergency also has to be caused by external forces, not by the driver’s own poor decisions. If that Lexus was already speeding before the Toyota turned, the sudden emergency defense likely doesn’t hold up. 

Can a Driver Be Held Responsible If They Were Trying to Avoid Another Crash?

Yes. Drivers are still responsible for maintaining control of their vehicle, no matter what’s happening around them. 

“Even one moment of fear doesn’t excuse dangerous choices where safer options existed,” says Parham Nikfarjam, J&Y Law’s Senior Trial Attorney. “We make sure fault isn’t buried under claims of ‘no time to react.’” 

This holds true whether the crash involves a car, truck, pedestrian, or any other type of vehicle. 

When Speed, Alcohol, or Lack of Witnesses Make a Difference

If factors like speeding or substance use are involved, proving a legitimate emergency becomes even harder. Investigators often rely on crash reconstruction, black box data, surveillance footage, and toxicology reports to recreate the scene and determine fault. 

“We’ve seen cases where defendants claim they had no choice, until we crank up the black box data or traffic cam footage,” says Nikfarjam. “Evidence doesn’t lie, and it’s often what separates reckless evasions from real emergencies.” 

What Rights Do Families Have After a Fatal Crash Caused by Evasive Driving?

Surviving family members may pursue a wrongful death claim to recover damages such as medical expenses, funeral costs, lost future income, and emotional suffering. 

These cases often come down to proving fault, even if the driver was trying to avoid another accident. Crash reconstruction experts, black box downloads, and expert analysis are often key to building a strong case. 

What You Should Do If Evasive Driving Killed Your Loved One

• Report the crash to police immediately and get a copy of the police report 

• Preserve any witness information, photos, or video evidence 

• Speak to an attorney early, especially if the sudden emergency defense is being raised 

• Don’t assume the driver’s intentions remove their liability 

Who Is Liable When a Split-Second Decision Leads to a Fatal Crash?

A crash being “sudden” doesn’t make it excusable. California law requires that the driver was not at fault before the emergency and that their reaction was reasonable under the circumstances. If those conditions aren’t met, they can still be held liable. 

If your world changed in a split-second evasive crash, you don’t have to face it alone. Contact J&Y Law for a free consultation. We’ll fight to hold negligent choices accountable and help your family find justice. 

Let us help protect your rights and advocate for your loved one.