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Unavoidable Accident

Fairfax Injury Lawyer Brien Roche Addresses Unavoidable Accident

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An unavoidable incident or unavoidable accident is rarely seen in the law according to accident lawyer Brien Roche.  In Virginia any unavoidable accident jury instruction is typically disfavored.  In general, an unavoidable accident is one which occurred without negligence of the parties.The belief of the Virginia Supreme Court is that most accidents are the fault of someone. 

Unavoidable Accident Examples

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. Another example of an accident that might be described as unavoidable is where an automobile airbag explodes blinding the driver momentarily. The resulting accident might appropriately be described as unavoidable.

Unavoidable Accident Jury Instructions

As a general rule, unavoidable accident jury instructions are rarely to be given.The reason for that is that most accidents are indeed avoidable. Most collisions are due to the negligence of someone who can be held accountable. It becomes the burden of the plaintiff to present that proof and let the judge or jury decide who is at fault.Any reliance on the accident somehow being unavoidable is probably misplaced in most cases. The Virginia courts seem to have made that quite clear.

If you are involved in an accident resulting in serious injury contact accident attorney Brien Roche.For more information about car accidents and related topics see the other pages on this site. For more information about accidents see the pages on Wikipedia.

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Unavoidable Accident

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