Call

Blog

Law
02

Blog

Are Bicycle Crashes Accidents?

Although people often use the words " " and " " interchangeably, those of us that use these words all day agree that an means something unfortunate that cannot be avoided. A , on the other hand, is the result of choices made and risks disregarded.

In our line of work, the words “bicycle crash” and “bicycle accident” come up constantly and are seemingly used interchangeably. But those typically representing the individual (as opposed to the court system, insurance system and others) are often adamant about using “crash” instead of “accident.” As advocates and lawyers representing injured cyclists, which term should we use and why?

From a strictly linguistic standpoint, crash and accident are differently defined. The Merriam-Webster Online Dictionary defines crash and accident as follows:

crash
verb ˈkrash
: to hit something hard enough to cause serious damage or destruction
: to damage (a vehicle) by causing it to hit something (emphasis added)
: to make a loud noise by falling, hitting something, etc.

ac•ci•dent
noun ˈak-sə-dənt, -ˌdent; ˈaks-dənt
: a sudden event (such as a crash) that is not planned or intended and that causes damage or injury
: an event that is not planned or intended : an event that occurs by chance

According to these definitions, all accidents are crashes, but crashes are not necessarily accidents. Earlier definitions, and common usage, make the word accident seem even more innocuous. For example, the Old English Dictionary definition of accident is: “An unfortunate event, a disaster, a mishap.” The definition of crash is: “The act, or an instance, of crashing” (and the definition of the verb “to crash” is: “to suffer damage in an accident”). The OED definition of “collision” is: “The action of colliding or forcibly striking or dashing together; violent encounter of a moving body with another.”

Although we now often use the words interchangeably, people who hear and use these words all day seem to agree that accident means something unfortunate that cannot be avoided. A crash, on the other hand, is the result of choices made and risks disregarded. The meanings and their implications are so ingrained that repeated use of the word accident often can convince jurors and others that a crash is just that — an accident —  and that the at-fault driver is not really at fault because the circumstances of the crash were beyond his or her control.

More law enforcement agencies agree and now favor use of the word crash or collision. In North Carolina, the law enforcement report of a traffic incident is called a “crash report.” Understandably so; use of the word accident in the event of serious injury or death is further insult to the injured person or family of the victim who at least want the careless driver to take responsibility for his or her actions.

When I’m talking with insurance adjusters, judges, jurors and others, I always use the words crash or collision so there is no question as to what I think about fault. Unfortunately, almost every one of my clients comes to me looking for a bicycle accident attorney, not a bicycle crash attorney. I hope that will change one day and we’ll start recognizing crashes for what they almost always are – a result of careless, reckless or even intentional behavior. In the meantime, we’re still bicycle accident lawyers, or whatever you need us to be in order to help.

Thank you for letting us serve you in North Carolina, South Carolina, Maryland, Michigan, Kansas, Missouri, Colorado, Utah, Oregon, Texas, Louisiana, Mississippi, and throughout the country!

 

Comments

Ann Groninger Jan 04, 2024

Many of our cycling clients find themselves having to interact with the criminal justice system. Typically, it’s because the driver who hits them (or their family member) is charged with a crime or traffic offense. Occasionally bicyclists themselves are charged with traffic offenses! Every state’s criminal laws are different, but there is a lot of […]

Read More
Bike Crash Road Defect Georgia
Peter Wilborn Jun 14, 2023

We recently shared the story of a trial victory from the State of Texas where a bicyclist was injured due to a defect in a road maintained by the Texas Department of Transportation. Texas Road Defect   We now can tell the story of another huge win in a road defect case, this time from […]

Read More
Road defect dangerous to cyclists
Charlie Thomas Mar 14, 2023

Recently, attorneys with the Bike Law network took a case to a trial against a titan of a defendant: the Texas Department of Transportation. TxDOT was represented by the Attorney General’s Office, one of Texas’ largest legal teams. We had a great client, but it was a tough case to prove. So tough, in fact, […]

Read More
bike path charlotte
Ann Groninger Jan 13, 2023

  2023 got off to a rough start for Charlotte, North Carolina, particularly in the context of road safety. Within about a week, we lost a young woman who was riding her bicycle, a pedestrian killed in the same area of town, and four people were killed in a car wreck on I-85 in the […]

Read More
North Carolina Bike Crash
Ann Groninger Dec 06, 2022

Unless you’re a very recent follower of ours, you’ve heard us talk before about “contributory negligence.” To recap: “pure contributory negligence” is the law in North Carolina and only 3 other states (Alabama, Virginia, Maryland). In pure contributory negligence states, if a person is injured by someone else’s fault and the injured person contributes even […]

Read More
Is It Illegal to Ride Your Bike on the Sidewalk bikelaw
Peter Wilborn Aug 01, 2022

The laws dictating whether you can ride your bike on the sidewalk differ depending where you live. Different states have different laws on this matter, and local ordinances also vary. Let’s take a look at the legal framework behind various state laws related to cycling on sidewalks. The laws of sidewalk-riding can be very complicated […]

Read More
Ebike crash
Bruce Hagen Apr 26, 2022

DRIVER ON METH KILLS 17 YEAR OLD BICYCLIST, BARROW COUNTY DISTRICT ATTORNEY REFUSES TO CHARGE DRIVER WITH FELONY.   On August 23, 2020, at approximately 8:40pm, 17-year old Obianuju Osuegbu was on her way home from her summer job working at a grocery store. She had earned enough money that summer to buy herself a […]

Read More
Stop as Yield
Brian Weiss Apr 25, 2022

Finally, “Stop As Yield” (the much sought after common sense traffic law for bicyclists) is coming to Colorado in 2022, likely July 1st.   Stop as Yield, aka the “Safety Stop” After the Governor Polis signs the law and the Safety Stop becomes effective, anyone who rides a bicycle or scooter on public roads will […]

Read More
Contributory Negligence
Ann Groninger Apr 25, 2022

It took losing at trial and a long appellate process, but it ended in a blow to contributory negligence in North Carolina. We just won an appeal on a bicycle crash case that happened in 2016 and came to us in 2018. The case went to trial during the spring of 2021. Our client was […]

Read More
Load More