Have you been involved in an accident that occurred under inevitable circumstances? Under Canadian law, there is a doctrine that’s referred to as the “inevitable accident.” In negligence law, “inevitable accident” is the risk that remains when an actor has used due care. The inevitable accident is a defense to car accidents where the accident was deemed to not be preventable in any way.

There are typically two scenarios in which the inevitable accident doctrine can be used as a defense. The first example of an inevitable accident is when the accident was not caused by anyone’s recklessness or negligence on the road, and also could not have been prevented or anticipated under normal circumstances. If a car accident is caused by factors that no one can control, therefore no one would be considered liable, as no one could have predicted the accident.

The second example where an inevitable accident could be used as a defense is when the accident was caused by a medical issue that was out of anyone’s control. For example, if a driver suffers a heart attack or stroke behind the wheel, this is a medical issue no one could have prepared for, and no one could have foreseen or predicted would have occurred in that moment.

Who Can Use The Inevitable Accident Defense?

In order to wield an “inevitable accident” as a defense, the plaintiff must be able to prove that their actions that caused the accident (their negligence) was the result of things that were out of their control at that time. The plaintiff must be able to prove that there was no way to avoid the accident, even by exercising reasonable care.

In situations such as inclement weather, icy roads, or when a sudden medical episode occurs, the inevitable accident defense may be appropriate. If you’re unsure if the inevitable accident doctrine applies to your case, speak to a lawyer.

What Factors Can Cause An Inevitable Accident?

As we mentioned earlier, unforeseen medical conditions can occur in the blink of an eye. If a driver suffers a heart attack behind the wheel, an accident is inevitable. But there are still many other factors that can lead to an inevitable accident occurring.

For example, mechanical failure can cause an inevitable accident. However- make no mistake- all drivers are responsible for maintaining their vehicles and getting necessary repairs and inspections to their vehicle in order to ensure safety. However, if a car’s brakes suddenly fail and there was no prior indication that this would happen, this can make an accident inevitable. The plaintiff still has a responsibility to prove that they had no way of knowing their brakes could fail, and must otherwise be able to prove that their car has been properly maintained.

Inclement weather can also cause an inevitable accident. If roads are icy or slippery, even well-maintained vehicles are at risk of sliding, and this can cause an accident that isn’t really anyone’s fault. Again, similar to accidents caused by mechanical failures, the plaintiff must be able to prove that their car was properly maintained and that there was truly no way to prevent the accident from occurring.

Can I Still Get Compensation From An Inevitable Accident Case?

As a car accident victim, you could be entitled to compensation for your medical expenses, lost wages, pain and suffering, and more – even if the accident occurred under inevitable circumstances. It’s not easy for a driver to use the inevitable accident defense. While there are many circumstances in which an inevitable accident can occur – these types of accidents don’t happen every day.

Someone may try to claim an inevitable accident and fail. If that happens, you can file a car accident claim as you regularly would and can hold them liable for your accident. If you have been injured in a car accident in Halifax, it’s in your best interest to seek legal representation from a skilled auto accident lawyer at McKiggan Hebert. Regardless of the circumstances under which your accident occurred, you have the right to seek legal counsel and seek compensation for what you’ve suffered.

Schedule A Free Car Accident Case Evaluation With McKiggan Hebert Lawyers

If you or a loved one have been involved in any kind of car accident, the first thing you should do is seek medical attention for your injuries. The second thing you should do is call a lawyer and schedule a free consultation regarding what you experienced. You could be entitled to compensation, and have the right to ask questions about your legal options.

Call McKiggan Hebert Lawyers today to schedule a free case evaluation regarding your car accident case.