The "inevitable accident" defense states that if the driver responsible for an auto accident was not negligent, then he is not responsible for paying damages in an auto accident claim. While this defense is difficult to prove, there are several scenarios where it is very effective.
If an accident occurs on icy, dangerous roads, particularly containing black ice, the unavoidable accident defense is likely to be used. However, an icy road does not necessarily make an accident unavoidable. If the driver had reasonable warning of the hazardous conditions or had driven in similar conditions frequently prior to the accident, the unavoidable accident defense will most likely not be successful.
Another prime situation for the unavoidable accident defense is an accident where the driver loses consciousness. Frequently, these accidents will be considered unavoidable and you may lose out on a settlement that you rightfully deserve. However, if your lawyer can prove that the driver had a pre-existing medical condition making him prone to losing consciousness, then this defense will not be successful.
The third scenario where the unavoidable accident defense is most commonly employed involves collisions with animals. If you are injured when a driver hits a deer, the accident may be considered unavoidable if the animal darted into the road unexpectedly and the driver lacked the necessary time to react. However, if the deer was standing in the middle of the road as the driver continued to speed happily along, this defense will most likely not hold up.
The lawyers at Stephens & Holman have a great deal of experience handling auto accident claims involving the unavoidable accident defense. We have the skills and experience required to make sure that you don't miss out on fair compensation for your injuries due to this legal technicality.
Please contact our Vancouver, British Columbia auto accident lawyers today to schedule a free, no-obligation consultation for your auto accident claim.