When the defense tries to blame your client by saying she could have avoided the crash had she reacted differently, remind the jury that the defense has the burden of proof on their affirmative defense. They are trying to pass the blame off on Ms. Smith based on how she reacted to a sudden and unexpected emergency created by the defendant. For the defense to meet its burden, it’s not enough for them to say Ms. Smith could have hit her brakes harder (or, swerved right rather than left). It’s not enough to say someone else would have done something different. The defense must prove Ms. Smith did something wrong. They must prove what she did was unreasonable. It’s not about Ms. Smith reacting perfectly to the mess that was dropped in her lap by the defendant.
Then, end closing with something like this:
It is not fair for the person who created a mess on the roadway to turn around and try to blame the person he hurt by nitpicking her reaction. Please bring back a verdict that says Ms. Smith didn’t do anything wrong; a verdict that says the defendant is responsible for the fallout from this sudden, unexpected emergency he created, a verdict that recognizes the magnitude of that fallout over a lifetime for Ms. Smith.