02

Blog

Are Bicycle Crashes Accidents?

Although people often use the words "bicycle crash" and "bicycle accident" interchangeably, those of us that use these words all day agree that an accident means something unfortunate that cannot be avoided. A crash, 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

Bruce Hagen Jul 17, 2018

On July 11, 2018, a very experienced rider and friend to many in the Rockdale County area, Albert “Ab” Roesel, was killed while out on a rural road doing a ride that he no doubt had done many times before.  Ab was 75 years old.   The police investigation concluded that Ab had been headed Southbound, […]

Read More
Brendan Kevenides Jun 04, 2018

At sea a boat under power must give way to a more vulnerable craft.  The law requires that a power driven vessel give way to a sailing vessel.  A sail boat must give way to a craft engaged in fishing. These simple rules are consistent with the maxim that with greater power comes greater responsibility. […]

Read More
Commuter Bike
Bruce Hagen May 29, 2018

Recently, my wife and I moved into a new home that’s closer to my office, which has allowed me to start commuting by bike.  I rode my bike to and from my office 4 consecutive days before my schedule forced me back into the car. My hope and plan is to commute by bike at […]

Read More
Pat Brown May 10, 2018

Strength, ambition, and courage are just a few words that come to mind when we think of Anthony Lue.  Growing up, Anthony enjoyed playing competitive sports such as baseball, volleyball, basketball and mountain biking, but his true passion was discovered on his high school track.    After winning gold for 100m hurdles at the provincial championships […]

Read More
Lauri Boxer-Macomber Apr 30, 2018

Following a horrific bicycle crash in 2016, Dr. Michael Rifkin has become a new type of bicycling advocate — one who is deeply committed to ending distracted driving. Read his op-ed on Making Distracted Driving in Maine Taboo here. Dr. Rifkin’s piece reminds us that we can be distracted by our phones and other electronic devices even […]

Read More
Brian Weiss Apr 26, 2018

On November 21, 2017, I saw a TV news story about how the Broomfield District Attorney’s Office was routinely offering lax plea deals to drivers that injure cyclists.  In bicycle crash cases with injuries, the DA was offering plead deals to “broken headlight” or “defective vehicle” charges. A “defective vehicle” sentence is one of the […]

Read More
Atlanta's Bike Czar
Bruce Hagen Apr 19, 2018

Who is looking for a great job in a dynamic city with a great opportunity to make bicycle advocacy not just a passion, but a full time, rewarding and well-paying job?   The City of Atlanta is in search of a a new Chief Bicycle Officer to replace the outgoing CBO, Superstar Becky Katz, who after […]

Read More
Joe Piscitello Apr 04, 2018

Piscitello Law – Bike Law PA is pleased to share highlights from the third annual Vision Zero conference, held March 17 in West Philadelphia.  The event was hosted by Philadelphia Bicycle Coalition and opening remarks by the Executive Director Sarah Clark Stuart encouraged 250 participants to “listen, learn and be inspired….”   Mayor James Kenney […]

Read More
Lauri Boxer-Macomber Apr 03, 2018

The first issue is that many bicycle crashes are not being reported into the State of Maine Crash Database, which leads to incomplete and inaccurate state-wide crash reporting data and arguably also leads to uninformed priority setting and budgetary decisions.  The crashes that are unreported and/or underreported on a state level are sometimes, but not […]

Read More
Lauri Boxer-Macomber Mar 25, 2018

Foundational Principles Bicycles are Traffic and Belong on Maine’s Roadways In Maine, bicycle riders are included within the definition of “traffic” and should be treated as part of Maine’s traffic system.  See 29-A M.R.S.A. § 101 (82).   Rights and Responsibilities In general, a person riding a bicycle in Maine has all of the rights […]

Read More
Joe Piscitello Mar 20, 2018

Vision Zero (VZ) is multi-nation initiative with a guiding principle that death and serious injury should not be an acceptable outcome of transportation.  Vision Zero plans often draw attention to flaws within the transportation system such as dangerous traffic patterns, speeding and a lack of sufficient protected bike/pedestrian lanes.  VZ action plans utilize data to […]

Read More
Danny Feldman Mar 15, 2018

I will not pretend to speak for all cyclists, but I feel pretty confident in saying that being passed by cars on the road is a primary area of concern. Most of the time there is no problem and the vehicle passes safely. Nevertheless, I personally have been “buzzed” more times than I wish were […]

Read More
Load More