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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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