Defense attorneys employed by insurance companies talk to jurors about an “accident.” Additionally, insurance companies continually refer to crashes and other conscious acts of one causing harm to others as “accidents.”
Now, why do you think that is?
The simple truth is words matter. We all should ask ourselves whether the conscious decision to text and drive resulting in a crash and injury to another is an accident? Or whether the conscious decision to become distracted by a phone call, a loud radio, eating while driving, doing makeup while driving, or even just allowing your mind to wander and lose focus on the task at hand is an accident or a choice?
There is no question that driving is one of the most dangerous things we do each day. As a community, we have created a set of driving safety rules that are meant to be followed in order to prevent serious injury and death to all of us on our roadways. When drivers ignore these important driver safety rules, disaster and mayhem happen. Broken bones, burns, lacerations, paralysis, and even death can occur when a driver chooses to ignore the driving safety rules that we follow, and that we expect everyone else to follow.
So, the reason insurance companies and their defense lawyers use the word accident is because it implies that nobody is to blame – no one is at fault. They want us to believe that “it’s just an accident.” They want you to believe that the crash wasn’t foreseeable, and it wasn’t preventable. That the crash was just destined to happen. Common sense and our own experiences tell us otherwise. Nearly every crash happens because of someone’s conscious choice.
Bottom line, words matter. The next time you hear someone use the word accident, think about the simple safety rules in play. We must ask ourselves, “if a safety rule was ignored or violated, is that really an “accident?” As experienced auto accident lawyers, it is our job to know the tactics of insurance companies in order to ensure our clients get a fair settlement.