Act of God

What Is an Act of God in Personal Injury Claims?

In legal terms, an “act of God” refers to an event that is beyond human control, typically a natural disaster or unforeseen circumstance. In the context of personal injury and insurance claims, the term is used to describe incidents that occur without human intervention and could not have been prevented by reasonable foresight or care. Although the phrase may carry a religious implication, in the legal world, it is simply jargon to explain events that were unavoidable and entirely outside the influence of human action.

Acts of God can be central to determining liability in some personal injury cases, as they often serve as a defense for parties accused of negligence. Understanding when an act of God applies, and how it may impact a claim, is essential when pursuing compensation.

Examples of Acts of God

Common examples of acts of God include natural disasters or other unpredictable events beyond human control, many of which are recognized under Connecticut law:

• Lightning
• Storms (e.g., hurricanes, tornadoes, hailstorms)
• Floods or Inundations
• Earthquakes
• Sudden Illness or Death (in certain situations, such as a driver suffering an unforeseen medical emergency)

These events are characterized by their unpredictability and inevitability—circumstances where human action or prevention is not possible.

Acts of God in Car Accident Claims

Acts of God are most frequently invoked in cases involving property damage (such as damage to homes or businesses), but they also play a role in car accident claims. Consider the following scenarios:

1. Medical Emergencies
   • If a driver suffers a sudden, unforeseeable medical emergency—such as a heart attack, seizure, or stroke—while operating their vehicle, an insurance company might argue that the accident was caused by an act of God.

   However, this defense can often be challenged. For example, if the driver had a known medical condition and was advised not to drive or failed to take prescribed precautions, their actions may still be considered negligent. In such cases, the driver may be held liable despite the act of God claim.

2. Extreme Weather Events
   • Natural disasters like tornadoes, flash floods, or severe hurricanes may qualify as acts of God in some circumstances. If a driver loses control of their vehicle due to a tornado suddenly appearing and causing them to crash, this may be considered an act of God because the event was unforeseeable and beyond their control.
   • Conversely, if a driver loses control during a heavy rainstorm because they were speeding or driving recklessly, this likely wouldn’t be considered an act of God. Reasonable drivers are expected to adjust their behavior in poor weather conditions to ensure safety.

How Your Lawyer Can Determine Fault: Driver Negligence vs. Act of God

Determining fault in a car accident claim often hinges on whether the driver involved exercised reasonable care. While acts of God may absolve someone of liability in certain situations, negligence is frequently a more significant factor.

Reasonable Care in Hazardous Conditions

Drivers are expected to act prudently, even when facing difficult or hazardous conditions. For example:

• Adjusting for Weather: In snow, heavy rain, or fog, reasonable drivers are expected to slow down, maintain a greater following distance, and use caution to minimize the risk of an accident.
• Avoiding Known Risks: If a driver chooses to ignore warnings about impending dangerous weather or continues driving despite unsafe road conditions, they may be deemed negligent.

Examples of Non-Acts of God

• A driver rear-ends your car during a rainstorm after hydroplaning. In this case, the driver likely failed to adjust their speed or maintain a safe following distance, making them responsible for the accident.
• A driver hits your vehicle during icy conditions because they were going too fast or didn’t use proper winter tires. This would likely not qualify as an act of God, as the driver’s actions directly contributed to the crash.

Examples of Acts of God

• A tornado suddenly forms and pushes a vehicle into oncoming traffic. Because this event was both unforeseeable and uncontrollable, it may be deemed an act of God, and liability may not be assigned to the driver.
• A tree falls unexpectedly due to a lightning strike and lands on your car, causing you to lose control and crash. This too may be considered an act of God, as the event was entirely beyond human control.

Insurance Companies and Acts of God

Insurance companies often attempt to use the act of God defense to deny or limit claims. They may argue that an accident was caused solely by an unavoidable event, and therefore no party can be held liable. However, these defenses are not always valid.

Challenging an Act of God Defense

• Foreseeability: If the event could have been reasonably anticipated and prevented (e.g., a driver ignored weather warnings or medical advice), it is less likely to qualify as an act of God.
• Driver Negligence: If the driver’s actions contributed to the accident in any way—such as failing to slow down in poor conditions or ignoring safety recommendations—they may still bear partial or full responsibility.

An experienced personal injury attorney can help you analyze the circumstances of your case to determine whether the act of God defense applies and build a strong argument against it.

Get Help with Your Legal Claim, Even if an Act of God Is Involved

If an insurance company attempts to deny your claim by citing an act of God, it is essential to seek legal assistance. At Bert McDowell Injury Law, we have extensive experience dealing with these defenses and know how to hold insurance companies accountable. We will thoroughly investigate your case to determine whether the act of God defense is valid or if negligence played a role in the accident.

Don’t let an insurance company use this defense to avoid paying you the compensation you deserve. Contact Bert McDowell Injury Law today for a FREE consultation. Call us at (475) 231-3274 or fill out the online form to get started on your claim. Let us help you navigate the complexities of your case and fight for the justice you deserve.