unavoidable accident

An accident that cannot be avoided because it is produced by an irresistible physical cause that cannot be prevented by human skill or reasonable foresight.

• Examples include accidents resulting from lightning or storms, perils of the sea, inundations or earthquakes, or sudden illness or death. Unavoidable accident has been considered a means of avoiding both civil and criminal liability.

— Also termed inevitable accident; pure accident; unavoidable casualty. Cf. ACT OF GOD. [Cases: Automobiles 201(10); Negligence 440. C.J.S. Motor Vehicles § 517; Negligence§§ 66–68, 209.]


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