Some people use the terms “crash” and “accident” as if they mean the same thing. Nothing is wrong with doing that, especially if you are using the terms in everyday, casual conversation.
However, in personal injury law, the terms carry very different meanings. An auto accident typically refers to a motor vehicle collision that occurred due to no one’s fault. A car crash, on the other hand, generally refers to one caused by a party who should be held responsible for it.
In this article, we will examine what makes a crash different from an accident. We will also discuss how the difference between the two types of collisions can impact a person’s ability to recover full and fair compensation after a crash.
Why “Accident” Is Often Not the Right Term for a Traffic Collision
A traffic collision occurs when at least one moving object, like a car, truck, or motorcycle, strikes another object or person. For instance, a car may run into another motor vehicle on the road, strike a pedestrian or bicyclist, or hit a non-moving object like a tree or guardrail.
But not all collisions are accidents. The term “accident” in personal injury law usually describes a collision that was simply unavoidable or one that happened due to factors beyond anyone’s control.
In reality, only a small percentage of collisions fall under this definition. Instead, as our Tennessee personal injury attorneys have observed over the years, most traffic collisions are crashes resulting from the negligent, reckless, and, in some cases, intentional wrongdoing of others.
For example, if a person decides to text while driving, fails to see a stop sign, and gets into a T-bone collision with another vehicle, it is not an accident. If the person had used reasonable caution and followed the rules of the road, the collision could have been avoided. It’s a “crash.”
Defining “Crash” and “Accident” from a Legal Perspective
From a legal perspective, it is crucial to determine whether a collision was a “crash” or “accident.” This is especially true when dealing with insurance companies.
An insurance company is a for-profit business. It wants to collect premiums from drivers and pay as little as possible to resolve claims after their policyholders cause collisions. For this reason, insurers tend to describe such collisions as accidents rather than crashes, trying to portray them as unfortunate and unpreventable events. It’s also why you should hire a car crash attorney
to investigate the collision, identify the factors that caused it, and aggressively seek accountability from the party(s) at fault.
How Our Law Firm Helps People Hurt by Other Drivers’ Negligence in Tennessee
At The Terry Law Firm, our Morristown personal injury lawyers are committed to seeking maximum compensation for victims of traffic collisions in Tennessee. Contact us today to discuss your case and learn more in a free consultation.
