Vancouver BC Personal Injury Lawyers - Stephens and Holman

Monday, July 27, 2009

"Inevitable Accident" Defense Scenarios

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.

posted by Anonymous at 7:08 AM

Wednesday, July 15, 2009

Beware of the "Inevitable Accident" Defense

You have just been injured in a serious auto accident caused by someone else. You have bills to cover and may miss work for awhile during your recovery. You are counting on a settlement from the responsible driver's insurance company to keep you afloat during these tough times.

Since the accident was not your fault, you may reasonably expect that you will be awarded damages for your claim. However, this is not necessarily the case.

Canadian law provides defense lawyers with a way to prevent their clients from paying damages in an auto accident claim even if the accident was caused by the defendant. It is called the "inevitable accident" defense.

In order to collect damages in your auto accident claim, you must prove that the driver responsible for causing the accident was negligent in his actions. If the defense lawyer can prove that the accident was unavoidable, you will not receive any compensation for your injuries.

This defense is difficult to prove, but nevertheless it has been used successfully in many British Columbia auto accident claims. It is important to hire an lawyer who understands this law so that you don't fall victim to it. Nothing is more tragic than not receiving the fair compensation you deserve due to a legal technicality.

At Stephens & Holman, we have been aggressively fighting for the rights of accident victims in Vancouver, British Columbia for the past 25 years. Our lawyers have the skills and experience to ensure that you won't lose out on a fair settlement due to the inevitable accident defense.

If you have been injured in an auto accident, please contact our Vancouver, British Columbia auto accident lawyers today to schedule a free, no-obligation consultation.

posted by Anonymous at 7:06 AM

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