Unfortunately, car accidents are just a fact of life even for the most careful driver. You can go ahead and take all the proper precautions and try your best to keep everyone around you safe, and something can still go wrong. You may be hit by another driver, who has breached their duty of care to all those on the road. Or you may even be involved in an unavoidable accident.
What exactly is an unavoidable auto accident, you may wonder? Well, it is exactly what it sounds like. In legal terms, an unavoidable automobile accident is an accident that happens entirely by chance. These accidents are not caused due to any one person’s negligence or mistakes. Rather, you may consider them “freak accidents.”
Fortunately, unavoidable car accidents are rare. However, this can make them all the more difficult to deal with. After all, how are you supposed to handle an accident if you have never dealt with anything like it before? Similarly, unavoidable accidents can turn into incredibly complex legal cases. If you have been involved in an unavoidable auto accident, it may be in your best interest to seek out legal help immediately.
It is difficult to list all the different types of unavoidable auto accidents there are. After all, they are usually freak, once-in-a-lifetime accidents. However, you may still be wondering what a freak accident may actually look like. Legally speaking, it is difficult to really define an unavoidable automobile accident.
The key defining factor, however, is that the accident was totally unforeseeable through reasonable human intelligence. It must also be the case that there no human was the primary cause of the injuries that occurred as a result of the accident. The accident must also be considered unusual for both the time and place in order to be considered unavoidable.
The following is a list of common types of unavoidable car accidents. However, it is important to remember that this list is not exhaustive.
If you have any doubts about whether or not your auto accident could be legally considered unavoidable, consult with your lawyer. Make sure you are not deemed liable for an accident that was actually entirely out of your control.
If you suffer personal injury as a result of an auto accident, you may choose to file a claim. In order to process the claim, you (the plaintiff) are legally obligated to prove that the other party (the defendant) caused the accident. However, it may be the case that the defendant only caused the accident due to an unforeseen condition entirely out of their control.
If the jury decides that the car accident was caused by such an unforeseen and nonhuman condition, the defendant no longer has to shoulder any liability for the accident and the injuries that have followed. This is all known as the inevitable accident defense. However, such a defense only applies if the defendant was not acting negligently while behind the wheel. Of course, every case is different and legal details can get quite complex. A seasoned lawyer may be able to help you figure out if an inevitable accident defense applies to your case.
It is all well and good to talk about inevitable accidents in theory, but you may still be having trouble picturing how they might play out in real life. So, for the sake of clarity, let us imagine a possible scenario. In this scenario, you are driving down a road covered in black ice. The black ice causes one driver to skid and get into a collision with another vehicle. However, this alone is not enough to make it an inevitable auto accident. There might have been weather warnings that let drivers know to watch out for black ice ahead of time. Or the at-fault driver should have known to anticipate the hazards since they have driven in the same area for so long. If either of these possibilities can be proven true, then it is doubtful that the inevitable accident defense will apply.
Let us play out another, entirely different scenario. Imagine that you are behind the wheel when you suddenly lose consciousness. In turn, you naturally lose control over your vehicle as well. This causes you to hit another driver. Is this accident considered inevitable? Well, it really depends on whether or not you knew before you started driving that you might lose consciousness. If you have never lost consciousness before and have not experienced any warning signs that could suggest it, your accident might be deemed inevitable.
By now, it is probably obvious to you that it may be difficult to prove whether or not certain accidents were inevitable. In many cases, the argument will simply come down to a “he said, she said” sort of situation. It is always difficult when a legal debate lies entirely on someone’s word over someone else’s. This is especially true because many car accidents in general tend to have some degree of negligence that could be argued against your favor. Trying to prove your innocence may be incredibly difficult to do on your own, especially without full knowledge of the law. That is why procuring the best possible legal counsel for your case is the best thing you can do.
Fortunately, legal recourse is available. At Injury Victim Law, we can help with any personal injury accident you may have had. Though we are a Colorado-based firm, our team of experts and investigators is ready and available to assist victims all across the country. Contact us today to schedule an initial consultation with one of our experienced nationwide car accident attorneys. Let us fight for you.