What Is The Agony Of Collision Doctrine And Does It Apply To My Case?

• Published date: 19 May 2022
• Subject Matter: Litigation, Mediation & Arbitration, Transport, Rail, Road & Cycling, Personal Injury
• Law Firm: McLeish Orlando LLP
• Author: Jonathan Farine and Ruth Aruliah (Summer Student)

Imagine you are driving and are suddenly faced with an oncoming car or another emergency on the road. You swerve to avoid an accident but end up in a collision with another car instead. Can you be found legally responsible for the injuries caused in this collision?

The case law has developed a doctrine called 'Agony of Collision', which is meant to protect drivers from legal liability in emergency situations, provided that they acted reasonably. The doctrine recognizes that in a sudden and unexpected emergency, your reaction can be shielded from liability even if it might not have been the best response.

What is considered a reasonably competent driver?

One of the first cases to summarize the 'Agony of Collision' doctrine, Gerbrandt v. Deleeuw [1995] B.C.J. No. 1022, stated that the law does not expect the same care from a driver in an emergency situation as it does from a driver in normal circumstances. Some leeway will be given if a driver reacts imperfectly to an emergency situation. However, the doctrine will not shield drivers who have sufficient opportunity to avoid a...