Brien Roche
An unavoidable accident is rare. In Virginia any such jury instruction is disfavored. It is one without fault of the parties. However the belief of the Virginia Supreme Court is that most accidents are the fault of someone.
However in one reported case an unavoidable accident instruction was properly given. The driver of a car passed bushes that blocked her view. She observed children playing to her left. While keeping her eye on the children a four year old child suddenly ran in front of her. Under those facts the driver used reasonable care. She was slowing down. She was keeping an eye on the children. Therefore it was an unavoidable accident when her car hit the four year old. Also an accident is unavoidable where an airbag explodes. It blinds the driver. As a result the crash is unavoidable.
Unavoidable accident jury instructions are rarely given. The reason is that most accidents are avoidable. It becomes the burden of the plaintiff to present that proof. It is up to the judge or jury to decide who is at fault. Therefore reliance on it being unavoidable is probably misplaced. The Virginia courts have made that clear.
If you are in a crash causing serious injury contact accident attorney Brien Roche. Also for more info about car accidents and related topics see the other pages on this site. Also for more info about accidents see the pages on Wikipedia.
“I have been a client of Brien Roche for over 25 years and continue to receive exception service. Over the years he has represented in numerous situations including very large commercial transactions, business issues and others. His advice is invaluable as he listens well and is very measured in his responses. He will give you options and the pros and cons of each for you to decide what is your best course of action. I strongly encourage anyone to meet with Brien before they decide who to hire to represent them.” - Clifton Killmon
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