Is a driver at fault for an accident which occurs avoiding a deer which suddenly enters the road? Most Louisiana courts have held that an animal such as a deer or a large dog unexpectedly darting out in front of a vehicle at night constitutes a sudden emergency, exonerating the driver from fault for engaging in action which, upon cooler reflection may not have been the most favorable course.  One who suddenly finds himself in a position of imminent peril, without sufficient time to consider and weigh all the circumstances or best means that may be adopted to avoid an impending danger, is not guilty if he fails to adopt what subsequently appear to be a better method, unless the emergency in which he finds himself is brought about by his own negligence.  Hickman v. Southern Pack Transport Company, 262 So.2d. 385.
Plauché, Smith & Nieset is engaged in the insurance defense practice, concentrating on insurance defense litigation and business litigation in Calcasieu Parish, Cameron Parish, Jefferson Davis Parish, Allen Parish, and Beauregard Parish.  Plauché, Smith & Nieset also engages in the insurance defense practice throughout the state of Louisiana.