An unusual defence can sometimes arise in motor vehicle accidents, namely that of an “inevitable accident”. This defence is raised when the defendant driver claims that the accident occurred without fault on their part (without negligence), even though it originated from their actions. The basis of this defence is that the accident could not have been prevented by any reasonable precautions the defendant could have taken.
When an incident is deemed an “inevitable accident”, the resulting loss is said to “lie where it falls”. In other words, parties who suffer loss and damage as a result of an inevitable accident must bear their own loss.
The court’s approach to an inevitable accident defence can be found in Downing v Goodwin & Anor (1997) 27 NVR 43, which is summarised below:
- Sudden incapacitation: A defendant driver experiencing a sudden and unheralded incapacitating event may preclude a finding of negligence if the defendant had insufficient time to avoid the accident.
- Reasonable care: Despite sudden incapacitation, a defendant is still expected to take reasonable care, such as attempting to slow down or pull over if possible.
- Negligence and Consciousness: A defendant cannot use the fact that they were unconscious at the time of impact if that situation resulted from a lack of reasonable care.
- Driver’s Responsibility: Even if the incapacitating event caught the defendant unawares, there may still be liability if the defendant should not have been driving at the time.
An inevitable accident must be the result of an act that is neither intentional nor careless.
The court rejected an inevitable accident defence in K&S Freighters Pty Ltd v Nelmeer Hoteliers Pty Ltd [2001] NSWCA 151. In this case, the driver of a prime mover suffered a heart attack and collided with a building. The driver had a history of heart disease and experienced warning symptoms, including chest pain, dizziness and sweating. The driver was found to be aware that he was experiencing symptoms associated with a possible heart attack and should have stopped the prime mover, as he had the opportunity to do so.
A defendant does not automatically succeed with an inevitable accident defence by merely showing that an incapacitating event occurred. A higher bar must be met to demonstrate that the defendant acted reasonable under the circumstances. When assessing a motor vehicle collision that appears to be an “inevitable accident”, it is crucial to ask the right questions to establish all relevant factors and determine if a defence denying negligence could be successful.
About me (Vincent Hui) – I am an Associate in the William Roberts’ Sydney Insurance Team with experience in motor vehicle and property recovery litigation. Having grown up in Singapore, I am bilingual in English and Mandarin, and in my spare time I enjoy playing badminton as my competitive fix.
