When Can a Texas Driver Claim an 'Unavoidable Accident' or 'Act of God' Defense? (PJC 3.1 & 3.2)
Direct Answer Under Texas Law
Under Texas Supreme Court precedent (Reinhart v. Young, 906 S.W.2d 471 (Tex. 1995) and Dillard v. Texas Electric, 157 S.W.3d 429 (Tex. 2005)), an 'Unavoidable Accident' instruction (PJC 3.2) is proper ONLY when there is evidence the event was proximately caused by a nonhuman environmental condition (such as blinding fog, black ice, or a child too young to be legally capable of negligence) and NOT by the negligence of any party to the event.
Critical Texas Procedural Trap to Watch Out For
Similarly, the 'Act of God' instruction (PJC 3.1—such as a sudden cardiac arrest/syncope at the wheel or a tornado) applies ONLY if the medical blackout or natural force was completely unforeseeable; a driver who ignored warning chest pains or skipped seizure medication cannot claim an Act of God!
Recommended Action Plan for Texas Claimants
Subpoena the defendant's 5-year primary care and cardiology/neurology records whenever a driver blames a 'sudden medical blackout' for a crash.
Detailed Texas Statutory & Case Law Breakdown
Under Texas Pattern Jury Charge PJC 3.1 & 3.2; Tex. R. Civ. P. 277 and controlling Texas appellate precedent in Dillard v. Texas Electric Cooperative, 157 S.W.3d 429 (Tex. 2005); Reinhart v. Young, 906 S.W.2d 471 (Tex. 1995), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Texas Pattern Jury Charge PJC 3.1 & 3.2; Tex. R. Civ. P. 277 and how Texas courts apply Dillard v. Texas Electric Cooperative, 157 S.W.3d 429 (Tex. 2005); Reinhart v. Young, 906 S.W.2d 471 (Tex. 1995) in your county's appellate district.
- Beware of the Texas Procedural Trap: Similarly, the 'Act of God' instruction (PJC 3.1—such as a sudden cardiac arrest/syncope at the wheel or a tornado) applies ONLY if the medical blackout or natural force was completely unforeseeable; a driver who ignored warning chest pains or skipped seizure medication cannot claim an Act of God!
- Execute the Texas Action Plan: Subpoena the defendant's 5-year primary care and cardiology/neurology records whenever a driver blames a 'sudden medical blackout' for a crash.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
When Can a Texas Driver Claim an 'Unavoidable Accident' or 'Act of God' Defense? (PJC 3.1 & 3.2)
Under Texas Supreme Court precedent (Reinhart v. Young, 906 S.W.2d 471 (Tex. 1995) and Dillard v. Texas Electric, 157 S.W.3d 429 (Tex. 2005)), an 'Unavoidable Accident' instruction (PJC 3.2) is proper ONLY when there is evidence the event was proximately caused by a nonhuman environmental condition (such as blinding fog, black ice, or a child too young to be legally capable of negligence) and NOT by the negligence of any party to the event. Key Texas Trap to Avoid: Similarly, the 'Act of God' instruction (PJC 3.1—such as a sudden cardiac arrest/syncope at the wheel or a tornado) applies ONLY if the medical blackout or natural force was completely unforeseeable; a driver who ignored warning chest pains or skipped seizure medication cannot claim an Act of God!
What Texas statute and Supreme Court / appellate precedent control 'unavoidable accident' & 'act of god' defenses?
This question is governed in Texas by Texas Pattern Jury Charge PJC 3.1 & 3.2; Tex. R. Civ. P. 277 and the legal standards articulated in Dillard v. Texas Electric Cooperative, 157 S.W.3d 429 (Tex. 2005); Reinhart v. Young, 906 S.W.2d 471 (Tex. 1995). Recommended step: Subpoena the defendant's 5-year primary care and cardiology/neurology records whenever a driver blames a 'sudden medical blackout' for a crash.
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