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A car accident, by definition, is an unexpected and unintended occurrence for which no one is at fault. A car crash, on the other hand, has a liable party and a victim. Using the correct term can affect your case, especially in severe and fatal car crashes in the DC Metro area. When you or your loved one are injured in a car crash, you are entitled to compensation and justice. The first step is ensuring the responsible party is liable for the damage they caused. The DC car accident lawyers at Regan Zambri Long will handle your case with compassion and excellence. Schedule a free consultation today by calling 202-960-4596.
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The difference in meaning between a car crash and a car accident is how the word is used in a legal sense. The word “crash” implies a degree of fault and a liable party, two essential pieces of any car crash claim. The term “accident” implies that no one was at fault, that something just happened.
Regardless of the word that describes the incident, someone is always at fault in a car crash. Human error causes many accidents, and lack of intent or motive is not a defense for the liable driver. The legal idea of negligence accounts for what is generally known by and reasonably expected from vehicle drivers.
A driver may not mean to cause a wreck, but by speeding, driving recklessly, or refusing to yield the right of way, they may cause a collision that results in injury. To call this an accident and suggest that fault is not involved is to misrepresent what occurred and add further injury to the victim.
The difference between the words accident and crash may seem superfluous, but you can be sure that insurance companies choose their language carefully to achieve their end goal. The at-fault party’s insurance company will want to minimize any financial compensation they must pay. They may try to accomplish this by using the word accident, suggesting that no one is at fault for the crash.
Additionally, in states that follow harsh contributory negligence standards, insurance companies use the word accident to try to share blame for a collision and prevent the real victim from recovering the financial compensation they deserve.
Accidents and crashes are often used interchangeably, but some groups advocate for more intentional language reflecting the reality of motor vehicle crashes. We Save Lives is a coalition of highway safety advocates pushing the media, in particular, to stop using the word accident and instead use more accurate terms such as crash, wreck, or collision. Using the word accident, they say, “fosters the idea that roadway incidents are an acceptable fact of life.”
Driver error causes approximately 93 percent of collisions, and driver or human error is largely preventable.
Negligence is the legal idea that lays responsibility on the person who caused the car crash. It comprises four parts:
Victims must prove all four parts of negligence to hold the liable party responsible for the collision and claim compensation. Many states follow a form of comparative negligence, which means any injured party who is less than 50 percent responsible for the accident can claim compensation minus their percent of fault.
However, a few states, including Maryland, Virginia, and Washington, DC, follow contributory negligence standards, which mean anyone found to be at fault for an accident is completely barred from claiming any compensation. States are allowed to determine which negligence standard they want to follow.
Fault is an important pillar of a car crash case. When blame is assigned after a wreck, the liable party and their insurance company must compensate the victims financially.
In Washington, DC, Virginia, and Maryland, anyone found to be at fault for a crash is barred from claiming compensation. That’s why it is important to hire an experienced lawyer to protect you from being assigned undue blame.
Immediately after a car accident, you should avoid taking any responsibility for the crash. Until you have consulted with a DC Metro lawyer, avoid making any but the most general statements of what happened. Even if an insurance company or other driver says you are to blame, meet with a lawyer for a case evaluation. Insurance companies might say you are at fault to deter you from filing a lawful claim.
In the event of a car accident, you should contact a lawyer immediately. Your lawyer will independently investigate the scene to collect evidence, photos, videos, and witness statements. Your lawyer will also request a police report and any other documents related to the accident.
Once they have gathered the facts, your lawyer will file your claim with the liable person and begin settlement negotiations with the insurance company. If negotiations fail, your lawyer will take your case to court to make a recovery in your favor.
When you or your loved one are victims of a car wreck, you deserve compensation for your damages. You are entitled to safety on the road, so you must be held liable when someone causes an impact. While dealing with a lawsuit while recovering from injuries can be overwhelming, an experienced lawyer will give you the best chance possible.
Our car accident lawyers are well-versed in wrecks throughout the DC Metro area. We work on a contingency fee basis, meaning we only collect payment once we make a recovery in your favor.
Schedule a free consultation with our car wreck lawyers today by calling 202-960-4596.
