The “Act of God” Defense in Illinois Car Accident Claims

At John J. Malm & Associates, we understand that no two car accidents are the same. While many crashes are caused by reckless or negligent drivers, some involve more complex legal issues, such as the “Act of God” defense. If you were injured in a car accident and the at-fault driver claims they were incapacitated by an unforeseeable medical emergency or natural event, your case may become significantly more complicated. Our team of experienced Illinois car accident attorneys knows how to challenge these defenses and fight for the compensation our clients deserve. Here’s what you need to know about the “Act of God” defense, how it works in Illinois, and how it can impact your claim.

What Is the Act of God Defense?

The “Act of God” defense is a legal doctrine that may shield a defendant from liability if an accident was caused solely by an unforeseeable and unavoidable natural event or medical emergency that was outside of human control. In the context of car accident cases in Illinois, this defense is most commonly used when a driver loses control of their vehicle due to a sudden medical emergency, such as:

• A heart attack
• A stroke
• A seizure
• Syncope (fainting)
• A diabetic episode

The defense can also theoretically apply to natural disasters, like tornadoes or earthquakes, that make it impossible for the driver to maintain control of the vehicle, although these situations are rare.

Legal Elements of the Act of God Defense in Illinois

In order to successfully raise the Act of God defense in Illinois, the defendant (or their insurance company) must prove:

• The event was sudden and unforeseeable
• The driver had no prior warning or medical history that would have made the event predictable
• The event rendered the driver completely incapacitated
• The event was the sole and proximate cause of the crash
• The driver was not negligent in continuing to drive if they had prior symptoms

This means that if a driver had previous heart problems, skipped their medication, or had fainting spells in the past, the defense may not apply. Illinois courts have emphasized that the defense is only available when the event truly could not have been anticipated or prevented.

Key Illinois Cases on the Act of God Defense

Illinois courts have considered this defense in several personal injury cases. For example:

• In Hoggatt v. Melin, 29 Ill. App. 2d 29 (1961), the court held that a sudden illness or death that renders a driver incapable of controlling his or her car, provided that the event is unforeseeable and beyond the power of human intervention to prevent, is an act of God.
• In Burns v. Grezeka, 155 Ill. App. 3d 294 (1st Dist. 1987), the court rejected the defense because the driver had a history of similar medical issues and should have anticipated the episode.

These cases show how Illinois courts interpret the Act of God defense narrowly and require strong evidence of the medical event’s unpredictability.

What Happens if the Act of God Defense Is Raised in Your Claim?

If you file a personal injury claim and the other party raises the Act of God defense, it can impact your case in several ways:

• Liability may be denied entirely. If the defense succeeds, the driver is not considered negligent, and the court may rule that no compensation is owed to you.
• Evidence becomes critical. Medical records, witness statements, driving history, and expert testimony will be scrutinized to determine whether the event was truly unforeseeable.
• Your attorney will need to investigate whether the driver had warning signs, failed to take medication, or had prior incidents.
• Comparative fault rules may not apply. If the Act of God defense is successful, it eliminates negligence altogether rather than simply reducing fault percentages.

If this defense is used in your case, it’s essential to have legal counsel that can challenge the facts and provide counter-evidence. At John J. Malm & Associates, we work with medical experts and accident reconstructionists to refute weak or unsupported emergency claims.

The Role of Insurance Companies

Insurance companies often raise the Act of God defense to avoid paying claims, especially in single-vehicle accidents or rear-end collisions. If their insured driver suffered a seizure or blacked out behind the wheel, insurers may argue:

• Their policyholder had no way to prevent the accident
• The event was “an act of nature” or medical event beyond their control
• They are not responsible for damages under the policy

However, this defense is not automatic. The insurer must still prove all the elements in court. If the driver ignored medical advice, failed to pull over when symptoms began, or had a known condition, the insurer may still be held liable.

Why an Experienced Illinois Car Accident Attorney Matters

If the Act of God defense is raised in your personal injury case, don’t assume that means your claim is over. The defense must be proven with clear, convincing evidence. A skilled Illinois car accident lawyer can:

• Investigate the driver’s medical history
• Subpoena medical records and doctor’s notes
• Hire medical experts to assess foreseeability
• Challenge the timing and cause of the emergency
• Prove that negligence still played a role

Even if the defense is partially successful, your attorney may still be able to recover partial damages based on comparative negligence or insurance coverage provisions.

Our Experience with Complex Car Accident Claims

At John J. Malm & Associates, we have extensive experience handling car accident cases involving disputed liability, medical emergencies, and complex defenses. We understand how insurance companies operate and know how to present compelling evidence to defeat defenses like the Act of God claim. Our firm has recovered millions of dollars for Illinois clients injured in car crashes, including situations where the at-fault party tried to escape liability through technical defenses.

Contact the Top-Rated Illinois Car Accident Lawyers at John J. Malm & Associates

If you’ve been hurt in a car accident and the at-fault driver claims a “sudden medical emergency” or an Act of God caused the crash, don’t face the legal system alone. Let the skilled Naperville car accident attorneys at John J. Malm & Associates protect your rights and fight for the compensation you deserve. We have decades of experience handling complex personal injury litigation across Illinois and are prepared to challenge every defense tactic insurers try to use.

Contact us today to schedule your free consultation. Let us help you move forward with confidence.