The Unavoidable auto accident defense

The Unavoidable auto accident defense

If you’re a victim of a car accident, don’t be so sure that the insurance company will pay you full compensation without a fight. In fact, most insurance companies are infamous for misusing particular defenses in an attempt to avoid paying the full compensation amount to injury victims.

One particularly bad defense strategy used by insurance companies is known as the unavoidable accident defense. Having an experienced car accident attorney on your side can help you counter this defense tactic from the defendant’s side.

How the unavoidable car accident argument works

Ideally, this defense tactic is designed to be employed to fend off compensation claims by a petitioner when the defendant didn’t cause the mishap but was however involved in the accident. For example, an unexpected, nonhuman condition resulted in the defendant’s car crashing into another car.

This argument allows the judge to rule that both the defendant and the petitioner were not at fault and that the accident occurred through no one’s fault. The effect of this is that the accused does not have to pay the injured petitioner anything.

How insurance companies abuse this defense

Insurance carriers use this defense to convince the judge or jury that no one was at fault for the accident when in reality the defendant is responsible for the accident.  They argue that the mishap was unavoidable and therefore they don’t have to pay you for the damages. This is rather wicked because most insurance adjustors resort to this defense tactic when they know they are supposed to pay.

Here are a few common accident situations where insurance firms often plea the unavoidable accident argument.

  • Accidents involving child bicyclists or pedestrians. Insurance carriers often allege that a child pedestrian or cyclist jumped out in front of the vehicle and caused the accident. Therefore, the claim was unavoidable.
  • Car accidents where one driver pulls out of a side street or parking bay. Adjustors argue that some visual barrier caused the accused not to be able to sufficiently determine whether or not they could successfully perform the maneuver.
  • Accidents that occur in the dark or where normal vision is hampered.
  • Car accidents involving bad weather. The defendant will argue that bad climatic conditions caused treacherous driving conditions and thus a mishap was inevitable.

In each of the scenarios mentioned above, there’s a possibility of an act of carelessness in conjunction with some unavoidable factors. Therefore, the insurance carrier will choose to argue that the unavoidable factors were exclusively behind the cause of the accident, in so doing attempting to flee culpability. Although commonly plead, the unavoidable accident defense puts a heavy burden of proof on the accused and can only be successful where there was no reasonable chance for the defendant to respond and are in fact unforeseeable.

When faced with an insurance carrier that is using the unavoidable accident plea, your car accident attorney can prove to the court that the defendant was mainly to blame and not any alleged elements that may be unavoidable or unforeseeable.

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