What is the defence of inevitable accident in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from Bassi v. Bassi, 2010 BCSC 1896 (CanLII):

The defendant/applicant submits this is not one of those cases where the defendant is relying on the defence of inevitable accident arising from some factor under his exclusive control or wholly within himself as in the case of Perry v. Banno, [1993] B.C.J. No. 59, where the defendant claimed a sudden unanticipated loss of consciousness in which case the burden shifts to the defendant. The defendant contends this is a case where there is an external cause of the accident - the deer running into the road - and in light of that explanation which renders the accident as consistent with no-negligence as negligence, the plaintiffs have failed to prove their case.

Other Questions


In a motor vehicle accident case, is there any case law where a wife who was a passenger in the vehicle was found to have been driving at the time of the collision? (British Columbia, Canada)
What is the test for the defence in a motor vehicle accident case? (British Columbia, Canada)
What is the test for a mitigation defence in a motor vehicle accident case? (British Columbia, Canada)
What is the difference between a motor vehicle accident and a subsequent motor vehicle collision? (British Columbia, Canada)
What is the defence of explanation in a motor vehicle accident case? (British Columbia, Canada)
In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
In a motor vehicle accident reconstruction case, can the accident reconstruction experts provide any assistance? (British Columbia, Canada)
In a motor vehicle accident case, is a driver allowed to drive his vehicle while unlicensed? (British Columbia, Canada)
How have the courts sever the issues of liability and quantum in a motor vehicle accident case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.