Car Accident ''Sudden Emergency'' Cases In Texas
In Daggett v. McReynolds, 459 S.W.2d 475 (Tex. Civ. App.-Houston [14th Dist.] 1970, no writ) McReynolds was traveling roughly 40 miles per hour in heavy rain, when he suddenly came upon the plaintiff's car.
He applied his brakes after he saw plaintiff's car from a distance of about 30 feet, but his car slid into the back of the plaintiff's car.
The court held the jury verdict was consistent with the evidence and McReynolds was acting under a sudden emergency as that term was defined in the charge. Id. at 477.
In Erickson v. Deayala, 627 S.W.2d 475 (Tex. App.-Corpus Christi 1981, no writ), Deayala argued that he was not negligent in that during a "blinding" rainstorm, he suddenly came upon a vehicle ahead of him which was either stopped, or moving very slowly.
The Corpus Christi Court of Appeals agreed with Deayala that he was entitled to have the jury consider whether he was able to avoid the collision after coming upon the plaintiff's truck suddenly in the rain. Id. at 478.