Get Out Of The Way! The Agony Of Split-Second Decision Making

When faced with sudden emergencies, drivers may be held to a lower standard of care under the Agony Doctrine. A case out of the Ontario Court of Appeal ruled that a driver with only seconds to react was not liable for his evasive actions. Despite having about five seconds, his choices were deemed reasonable given the circumstances. The case underscores how courts assess liability based on context, including speed and reaction time. While often raised in accident claims, the Agony Doctrine rarely applies unless the emergency is truly unforeseeable.