Was It Really an “Accident”? Let’s Use the Right Word—It Matters More Than You Think
Airplanes don’t “have accidents”—they crash. Trains don’t “have accidents”—they wreck. So why do we call motor vehicle collisions “accidents”?
The words we use matter, especially at trial, because they can influence how a jury will interpret the facts. If we call a collision an “accident,” we subtly suggest that no one was at fault. Because of this, a growing number of Virginia courts and agencies, including the Virginia Department of Motor Vehicles, are moving away from “accident” in favor of more accurate terms like “collision.”
If you have suffered injuries because of someone else’s negligence, Sharif Gray at Broughton Injury Law can help. He has won millions of dollars in verdicts and settlements. Call Sharif at (804) 915-1611 or contact him online to schedule a free consultation. He will get justice for you.
The Virginia DMV’s official forms now use words like “crash” instead of “accident.” For example:
- DMV Form FR300P: “Police Crash Report”
- DMV Form FR200: “Voluntary Report of a Crash”
- DMV Form CRD 93: “Information Request” for, inter alia, “Police Crash Report”
Virginia’s Circuit Courts are also starting to get it right:
- On November 20, 2023, in Chesterfield Circuit Court Case No. CL20-3168, the Court recognized that the use of the word “accident” in a motor vehicle collision trial can be inaccurate, confusing, and/or misleading and, as such, entered an order stating “that the Court will substitute the word ‘accident’ with ‘collision’ when instructing the jury.’”
- On January 23, 2024, in Richmond Circuit Court Case No. CL23-3309, the Court with the consent of all parties entered an order stating “that the Court will substitute the word ‘accident’ with ‘collision’ when instructing the jury.’”
These decisions reflect the understanding that the word “accident” can be misleading, and that “collision” presents a neutral description that allows jurors to consider negligence more objectively.
Why “Accident” Is the Wrong Term
The word “accident” is generally defined as “an event or condition occurring by chance or arising from unknown or remote causes.” Webster’s Third New International Dictionary 11 (1971); see also Black’s Law Dictionary 15 (6th ed. 1990) (“an event happening without any human agency”). By this logic, an “accident” implies that no one is to blame, which can mislead juries in cases where negligence is at issue.
Other prominent legal dictionaries also define the word “accident” to expressly exclude negligence. See The Law Dictionary (2002) (“an unforeseen event, misfortune, act, or omission as is not the result of negligence or misconduct in any party”); Ballentine’s Law Dictionary (3d ed.) (“an occurrence which could not have been foreseen by the exercise of reasonable prudence”).
Beyond just dictionary definitions, the Virginia Supreme Court has repeatedly explained, over the course of decades, that the word “accident” connotes an event that occurs without negligence. See AES Corp. v. Steadfast Ins. Co., 283 Va. 609, 622 (2012) (Mims, J., concurring) (“[U]nder the reasoning of our precedents, allegations of negligence and allegations of accident must be mutually exclusive.”); Tri-State Coach Corp. v. Stidham, 191 Va. 790, 799 (1951) (noting that “in its strictly proper use the word [accident] excludes negligence”) (citing Black’s Law Dictionary 23 (3d ed.); Webster’s New International Dictionary 14 (2d ed., unabridged)); Byrne v. Edmonds, 64 Va. (23 Gratt.) 200, 210 (1873) (“By the term accident is included not merely inevitable casualty or the act of Providence . . . but such unforeseen events, misfortunes, losses, acts or omissions as are not the result of any negligence or misconduct in the party.”); see also Monterey Corp. v. Hart, 216 Va. 843, 850 (1976) (“A collision occurs between vehicles, and it is referred to as an ‘accident.’ [But n]ormally, negligence on the part of one or both parties is involved.”); Morris v. Travelers Indem. Co., 31 Va. Cir. 306, 311 (Greene County 1993) (“Generally, an ‘accident’ means a circumstance or event that is unusual and unexpected or fortuitous and unforeseen and occurs without fault.”).
These longstanding definitions illustrate that the word “accident” is at odds with the reality of most motor vehicle personal injury trials because “collisions” often do not occur without negligence (e.g., reckless driving, distracted driving, or failure to obey traffic laws).
What Trial Lawyers Should Do
Admittedly, Virginia’s Civil Model Jury Instructions use the word “accident” in multiple instructions. However, the model instructions can and should be specifically tailored to the particular circumstances of this case by simply replacing the word “accident” with “crash.” See Va. Model Jury Instructions-Civil(2) (“[M]any [instructions] will require some changes to make them fit the facts of a particular case. . . . The instructions provided in this volume are models or patterns from which to construct instructions that are apt for a case. Therefore, an instruction can be modified . . . to fit the particular facts and circumstances.”).
Courts can and should substitute the word “accident” with “collision” when instructing the jury. And trial lawyers should insist that they do.
Motor vehicle collisions are not inevitable. They are largely preventable. When we label them as “accidents,” we imply a lack of control or responsibility, which undermines efforts to address the real issues. Insisting on the use of the right language is not just a semantic choice—it’s a step towards achieving more just outcomes at trial.
The words we use matter.
“We Get Justice For Injured People, and We Love What We Do”
Sharif Gray works as a trial lawyer at Broughton Injury Law. Sharif has proven that he can and will get results in court, and the insurance companies know that. If you have suffered injuries because of someone else’s negligence, we can help.
Sharif is committed to trying cases well. Because of that, he does not handle hundreds of cases at a time. He is selective in the cases he takes so he can get justice for the people he represents. In every case, he has three goals:
- Hold the responsible corporation or individual fully accountable.
- Make the community safer, so others are not also harmed.
- Compensation that recognizes the full and fair value of what was taken from your health and quality of life.
Sharif loves what he does, and he is proud of the positive impact he has had and will continue to have on the people he represents and the community he lives in.
If Sharif can be of help to you, please do not hesitate to call him at (804) 915-1611 or contact him online to schedule a free consultation. We will get justice for you.
