Adverse weather conditions could result in treacherous driving conditions. It becomes challenging for drivers to avoid unexpected potholes, black ice, and flooding. As such, many accidents take place. But who will be liable for those mishaps under these circumstances? Drivers cannot anticipate such hazards that strike suddenly out of the blue. These external factors make these accidents ‘inevitable’.
According to Investopedia, determining fault in any motor accident is a crucial aspect of insurance. We know that an insurance policyholder has the right to file a claim as compensation for all such losses that are covered under his insurance policy. To build a successful personal injury claim, the plaintiff needs to essentially prove that the accident and the subsequent loss were due to the negligence of the accused party. The defendant has the option of choosing a line of defense that establishes that it was a case of an inevitable accident.
Act of God: A Solid Line of Defense
Once the plaintiff has filed and proven a case against the other party for negligence, the defendant may choose ‘inevitable accident’ as his defense tactic. He may prove that something had happened that led to the consequences, and the defendant could not have avoided the consequences, even after exercising reasonable care and caution. Simply speaking, the onus is on the defendant to prove that the mishap was bound to happen despite his driving with utmost diligence and reasonable care.
The principle of ‘inevitable accident’ is very much associated with the concept of ‘greater force’ or ‘act of God’. This principle specifies that the defendant can prove his innocence if the accident is regarded as an event or mishap for which none of the parties involved can be held responsible or accountable, like a tornado or hurricane. It is essential to focus on defining inevitable accidents to build a solid defense case with the help of a qualified personal injury lawyer.
Inevitable Accident Facts
The defendant has to establish the following couple of points:
- The defendant has adopted all due care to prevent the accident.
- The defendant was not in a position to anticipate or foresee it.
Two Categories of ‘Inevitable Accidents’
- Basic Accidents: Due to ‘Forces of nature’ not associated with ‘agency of man’.
- Accidents originate from the ‘agency of man’ and maybe some other cause. It is essentially related to the ‘agency of man’ in acts of omission or commission, or failure to act.
Medical Condition Could Be Used as an Inevitable Accident Defense
Often an accident may have occurred because the driver was having a heart attack, seizure, or some other critical medical condition. The sudden health condition could be a major contributing factor in such a case.
Mechanical Failure or Defect
The defendant has to essentially establish that the mechanical failure or breakdown could not be averted. It is essential to prove that the mechanical defects would not have been identified despite a thorough inspection or regular maintenance of the car.
Conclusion
It is best to always focus on driving with utmost diligence and caution. You may concentrate on doing everything within your power for mitigating foreseeable risks.
