What is an inevitable accident? It is one that would have happened anyway, regardless of what actions someone might have taken, that is the definition used in Canada, where a defense team has the right to suggest the inevitability of an accident as a defense for a client’s actions, or lack of action.
An accident that is inevitable cannot be prevented.It has not been caused by negligence. It could not have been anticipated, regardless of the amount of care that was exercised by those that were eventually involved in the accident.
Examples of situations that could contribute to occurrence of an inevitable accident
• Car is traveling over a road that has become coated in black ice.
• A pothole has formed on a road that does not get much use, and does not receive a frequent inspection.
• An animal runs into the road. Unexpected weather creates a danger to drivers.
Some inevitable accidents have been caused by internal issues, which have affected the driver.
Drivers that get involved in such accidents were not provided with any options. They had no way to make adjustments, and avoid a tragedy. Some medical conditions contribute to occurrence of an inevitable and accidental occurrence. A heart attack would be an example of such a condition. The driver would have no warning that an attack was about to happen.
Some medical conditions might seem inevitable, but a defense team might dispute that aspect of inevitability. For instance, a driver might have some control over whether or not he or she might have a seizure. If the driver had a history of seizures, then he or she should have been prescribed medicine that is meant to prevent seizures. On the other hand, it could be that a young person got a license before there was any sign that the same young person was apt to suffer a seizure. In that case, that unanticipated condition might have caused an inevitable accident.
Injury Lawyer in Waterloo knows that this type of event can also occur if a piece of equipment has suddenly failed. That could be the case if an automobile company has failed to notify customers about a given defect. That failure could lead to introduction on the road of mal-functioning vehicles. If a malfunction occurred without warning, it might cause a collision.
Suppose, however, that a car owner had received a letter that provided details about the problems with a particular part. Some car owners might decide to ignore such warnings, and to continue using the vehicle with the faulty part. That could lead to a sudden malfunction and to the unfolding of a tragedy that could have been prevented. So, poor parts are not linked automatically to inevitability.