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Did you get into a crash or did you get into an accident? Although these two terms might mean the same thing to you, they have significant differences in the eyes of the law. If you’re involved in legal trouble as the result of a motor vehicle collision, knowing the legal difference between a crash and an accident can potentially save you quite a bit of cash.
Is There a Difference Between a Crash and an Accident?
In the eyes of the law, there is a significant difference between car crashes and motor vehicle accidents. This difference is significant enough in some circumstances to cause you to lose your case, potentially resulting in you having to pay exorbitant fines and fees.
Crash vs. Accident: Definitions
To understand how to protect yourself in a legal case, we’ll first break down the definitions of “crash” and “accident.” Afterward, we’ll provide a brief explanation of how those two definitions differ and what you can expect in a court of law. Note that these definitions can vary from state to state, since the vast majority of traffic laws are written and enforced at the state and county levels.
Crash
A crash is often defined as “colliding violently with an obstacle or another vehicle.” This definition can be expanded to apply to collisions with pedestrians or animals as well, as either could be considered an “obstacle” under local laws. This definition is rather self-explanatory.
Accident
An accident is often defined as “an unexpected event that causes loss or injury and is not due to any fault or misconduct on the part of the person injured but for which legal relief may be sought.” There are several important parts of this definition. Let’s break them down:
“An unexpected event.” This phrase means that nobody could have known that the collision was going to happen. If the collision were intentional or if you knew that it would happen if you did what you did, it would not legally qualify as an accident.
“Causes loss or injury.” If the collision does not result in any property damage, bodily harm, or death, then it is not an accident. In fact, it’s likely not even a crash. Even fender-benders cause some level of loss (financial loss) through minor damage to the vehicle.
“Is not due to any fault or misconduct on the part of the person injured.” If you cause a collision due to negligence or intention, then the collision is not an accident. That would be a crash. Normally, collisions are considered accidents only when the injured person did not cause the collision through intentionally bad behavior or ignorant negligence.
“For which legal relief may be sought.” This line can often be the kicker in a court case. If the jurisdiction in which the collision occurred does not offer relief for the particular circumstances of the collision, then it might not legally be considered an accident. Rather, it could be argued that such a collision is a crash.
The Difference
There are two key differences between car crashes and car accidents:
- The word “accident” implies that the collision happened through the fault of nobody in particular.
- The word “crash” implies that somebody caused the collision to happen or that somebody is legally at fault.
When somebody is considered “at fault” in a motor vehicle collision, the collision is ruled a crash and that person is often on the hook for financial damages. Contrast that to a car accident, wherein nobody can be said to be the legal cause of the accident, and you begin to see a stark picture of liability. This liability marks the line between crashes and accidents.
Why Insurance Companies Prefer an Accident Over a Crash?
A common tactic of insurance providers is to label a motor vehicle collision a car accident as soon as they possibly can, arguing against any allegations that the collision was actually a crash. That’s because at-fault individuals involved in car crashes can quickly find themselves on the losing end of a lawsuit, which their insurance company will typically have to pay on their behalf.
To avoid paying that (oftentimes very large) sum of money to the crash’s victim, the insurance company argues that the collision was an accident, thereby reducing their client’s financial liability for damages.
Preventable Collision
Distinguishing between a crash and an accident is most important when determining who is at fault for the collision. If somebody could be proven to be at fault for the collision, then the authorities would most likely rule that it were a “preventable collision.”
According to The National Safety Council, a preventable collision is “a collision in which the driver failed to do everything responsible to avoid it.” If the collision could have been avoided had the at-fault driver done the right thing, then that is a preventable collision.
What To Do After a Collision
If you’ve been involved in a car crash or accident, what you need to do next will vary depending on how hurt you are. The list of actions provided below applies in all cases; however, if you are too injured to complete one of the steps in the list, you cannot be held liable for failing to do so.
Move to Safety but Don’t Flee the Scene
There is a fine line between moving to safety and fleeing the scene of the accident. The key here is to get out of harm’s way and away from any immediate hazards without going so far away that first responders can no longer find you.
For example, if you are involved in a car accident on a highway and your vehicle comes to a stop upside down in the middle of the road, you should get out and move to the shoulder so as not to risk being struck by traffic.
Call 911 So Medical Personnel and Police Can Be Dispatched
No matter how injured you are (or aren’t), you must inform the police of an accident as soon as it happens. In most places, failing to inform the police that you were involved in a car accident is a crime punishable by fines, fees, and potentially even jail time. Furthermore, you might need medical attention.
There have been many reported cases of individuals getting into car accidents, feeling as though they’re perfectly fine, and waking up the next day in extreme pain. That’s due to the role that adrenaline plays in car accidents.
After getting into a car accident (or crash), your brain will send the command to pump your body full of adrenaline. Adrenaline does a lot of things, including mask any pain that you might be experiencing—but just because you can’t feel an injury right now doesn’t mean it isn’t there. That’s why you should always wait for medical personnel to arrive at the scene and to check you out before you leave.
Take Photos and Videos of the Accident Scene As Soon as You Can (Especially of the Involved Vehicles and Their License Plates)
For the most part, pictures and videos are admissible in court. That means you can bring them in to show the judge and use as evidence in your case, if it ever goes to court. As the old saying goes, “a picture is worth a thousand words.” Well, in the American court system, you might as well double that worth!
If you end up suing somebody for injuring you, for example, they might rely on the argument that it wasn’t actually their vehicle that hit you. However, if you have a picture of their license plate on the back of the vehicle that hit you, that can be pretty conclusive evidence in support of your claims.
But don’t just take pictures of cars and license plates. You should document just about everything you can. Here are a few examples of important things to take pictures or videos of immediately following the accident:
- The other drivers’ behavior (e.g., if they are displaying signs of road rage)
- Your physical condition (e.g., any injuries)
- The physical condition of other people who were involved
- The road conditions
- Any nearby traffic lights, signs, or markings
- The road itself (e.g., skid marks from vehicles slamming on the brakes)
The list goes on. Document everything that you can. There’s no such thing as too much evidence in your favor.
Do Not Move Your Car or Anything Inside Your Car
In the aftermath of a minor collision, many people’s first instinct is to move their car out of the road. In some states, the law says that you have to do that. In other cases, you might get in trouble with the law if you move your car or touch anything inside of it. That’s because the vehicle and all of its contents can be considered evidence in some collisions.
Gather the Contact Information of All Parties Involved in the Crash
As soon as possible, collect all of the following information from every driver:
- First and last name
- Phone number
- Email address
- Insurance information
- License plate number
You should also collect a list of the names and contact information for passengers and witnesses.
Never Take Responsibility or Admit Fault (Don’t Apologize)
Many people step out of their vehicle after an accident, run over to the other driver, and immediately start apologizing. However, just about any attorney will tell you: Keep your guilty feelings to yourself. Do not take responsibility for the accident, do not admit fault, and do not apologize.
Why? Well, what’s the difference between a car crash and a car accident? If you apologize for the accident and say that it was all your fault, then you are at-fault for the accident, which upgrades it to a crash. Now you’ll be liable for all of the damages, injuries, tickets, etc. associated with causing a car crash. Sometimes, this can be true even when witnesses clearly state that the accident was somebody else’s fault.
Contact a Car Crash Attorney
Once you’ve completed all of the above steps, contact a car crash attorney (also called “personal injury lawyers”). No matter where you end up after the car accident, contact a lawyer. Did you wake up on life support in the hospital? Call a lawyer. Did you go home feeling fine with no injuries? Call a lawyer. And, for any circumstance in between, call a lawyer.
Lawyers know the law better than anybody, making them an invaluable resource for keeping yourself and your belongings safe—not to mention out of jail. Failure to adhere to the law following a car accident can result in you missing out on hundreds of thousands of dollars or being charged with crimes.
So what are you waiting for? Download the WinIt app today and get started crafting an ironclad case.
