SEEK A CLAIM FOR AN INEVITABLE, OR CONDITIONAL, ACCIDENT
June 1, 2016
An inevitable accident is one that happens regardless of a person’s negligence. It’s an accident that couldn’t have been prevented or anticipated. Some drivers may use this as a defense in a situation where an accident takes place.
What makes an accident inevitable, and does that mean you can’t make a claim? Outside conditions like a sudden thunderstorm or hail, ice or flooding could be a cause of an accident. A sudden animal in the road or a bird colliding with the driver’s windshield could also be a cause for an accident. You can still make a claim in these cases, particularly if a driver wasn’t driving safely before the conditions took place.
By law, most accidents are based on a “but for” condition, which means that if not for the defendant’s carelessness, the accident wouldn’t have happened. The inevitable accident claim could be used, but it’s much easier to prove that negligence took place for most cases. For example, if you’re riding your bicycle and a car slides on black ice, that was likely an inevitable accident due to weather conditions. However, if a car simply takes a turn too sharply, then the driver can be held accountable for that action.
When you’re faced with this kind of situation, it’s important to show how the driver who struck you was negligent. Any kind of negligence will help your case and make it less likely to be seen as an accident the driver couldn’t have prevented. Our website has more information on what you can do to make sure your claim is treated fairly and so that you get the compensation you deserve for your injuries.