Unavoidable Accident
Unavoidable incidents or unavoidable accidents are rarely seen in the law. In Virginia any unavoidable accident jury instruction is typically disfavored. In general, an unavoidable accident is one which occurred without negligence of the parties. In one reported case an unavoidable accident instruction was properly given where the operator of a motor vehicle passed bushes that obstructed her view, she observed children playing on her left and while keeping her eye on those children that were to her left a four year old child suddenly ran in front of her. Under those circumstances the driver exercised reasonable care in terms of slowing down and keeping an eye on the children and it was an unavoidable accident that resulted in her vehicle colliding with a four year old child that ran in front of her.
As a general rule, unavoidable accident jury instructions are rarely to be given.
