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What NY & NJ Drivers Need to Know About the Emergency Doctrine

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Sep 1, 2026

Read Time: 3 mins

In both New York and New Jersey, a driver who causes an accident and that driver’s insurance company will generally be responsible for paying the costs of the other driver’s property losses and injuries. The negligent driver, however, might try to minimize or eliminate his or her liability by claiming that due to sudden and unexpected circumstances that were not of their own making and that left them no time to react, i.e., an “emergency”, their actions were reasonable and prudent and, therefore, they should not be held responsible for an injured party’s costs and expenses.

If you were seriously hurt in a car accident, the at-fault driver may try to use the emergency doctrine to evade liability for your damages. An experienced law firm like Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. can counter these arguments and gather evidence to show the true circumstances of the crash.

What kinds of emergencies are courts likely to consider?

New York and New Jersey courts will apply the emergency doctrine to reduce a negligent driver’s liability only under very limited circumstances, including:

When a pedestrian is suddenly pushed into a roadway in front of the driver
When the driver experiences a sudden medical event, such as a heart attack
When the driver has to make a sudden maneuver to avoid another negligent driver

When car accident evidence shows that the driver could or should have anticipated a sudden event, the doctrine will not apply. A skilled car accident attorney can show how the evidence proves that, for example, the negligent driver was following too closely behind another vehicle or was driving too fast.

Does the emergency doctrine affect comparative negligence?

New York and New Jersey courts apply forms of comparative negligence to car crash cases such that the damages that an injured party can recover will be reduced in proportion to that party’s own contribution to the accident. Comparative negligence and the emergency doctrine are both functions of the specific facts in each case. A knowledgeable lawyer will scrutinize those facts to fight for the compensation that an injured party deserves to recover.

How New York’s 2026 Comparative Fault Rules Affect Your Claim

As of May 26, 2026, New York law bars a plaintiff found more than 50% at fault for a motor vehicle accident from recovering non-economic damages, such as pain and suffering. The law also eliminated the “90/180-day” rule, under which a temporary injury lasting at least 90 of the 180 days following an accident could, on its own, qualify as a “serious injury” for purposes of filing a lawsuit. These changes apply to actions commenced on or after that date and affect how much compensation an injured driver can ultimately recover.

Call Kantrowitz, Goldhamer, & Graifman for a Free Consultation

The law firm of Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represent injured drivers and passengers in car accident lawsuits in Rockland and Bergen Counties and elsewhere in New York and New Jersey. We have successfully rebutted attempts by negligent drivers to escape liability by relying on the emergency doctrine. We will evaluate the facts in your case to fight for the largest available damages award that will compensate you for the full range of your losses and injuries.

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What NY & NJ Drivers Need to Know About the Emergency Doctrine

What kinds of emergencies are courts likely to consider?

Does the emergency doctrine affect comparative negligence?

How New York’s 2026 Comparative Fault Rules Affect Your Claim

Call Kantrowitz, Goldhamer, & Graifman for a Free Consultation

Why Trust Us?

Rockland County, New York

Bergen County, New Jersey