When a driver of a motor vehicle is placed in an emergency situation, through no fault of his own, and is forced to act immediately in order to avoid a collision, he is not negligent if he makes a choice that a person of ordinary judgment might make if placed in the same emergency situation.  This would be true even if the driver did not make the best decision in the emergency situation.

So what is an ordinary reasonable person?  Black’s Law Dictionary defines a reasonable person as, “a hypothetical person used as a legal standard, especially to determine whether someone acted with negligence; the reasonable person acts sensibly, does things without serious delay, and takes proper, but not excessive precautions.”

In conclusion, remember if you are ever placed in an emergency situation while driving a vehicle, you will be expected to do what a “reasonable person” would do under the same or similar circumstances.  That is, act in a way in which the average, normal driver would act if they were placed in your shoes.