What determines if an accident was avoidable or negligent depends on who is doing the determining and examining the driver's sobriety. If the driver was drunk then determining negligence is a 'no-brainer.'
I've heard of a trucking company of 18-wheel, tractor-trailers which considers hitting a moose to be an avoidable accident on their driver's record. Why is that? Because a moose is so much larger than a deer and should be easy to see and to avoid.
The company is based in Alabama
!
"Well, hush my puppies....if you all cannot see a great big moose up ahead and steer around that, then it's your own damn fault......yessir!"
Now, that's one company's opinion, Southern style. ...