Roadway collisions are a leading cause of death in the State of New York, and the country as a whole, every year. And while most people refer to these types of collisions as “car accidents,” and the State of New York consistently uses the word “accident” throughout the text of its insurance law, safety advocates are pushing for a change. It’s no accident, critics of the word are claiming, arguing that “crash” is a much more suitable description when it comes to describing a vehicle collision.
Not an Accident, but an Act of Human Error
Those who believe that the word should be changed from accident to crash – an idea that has been proposed in dozens of state departments across the U.S., 28 of which have enacted the change to date – believe that the word “accident” implies an act of God. Instead, advocates point out, the vast majority of collisions are the direct result of human error. These errors include, but are not limited to, distracted driving, using a cellphone, speeding, driving while impaired, driving aggressively, and a handful of other unsafe behaviors. In fact, only about six percent of collisions are caused by other factors, such as weather or vehicle malfunctions.
As Mark Rosekind, the director of the National Highway Traffic Safety Association (NHTSA) told reporters from The New York Times, in our society, “language can be everything.”
As the rate of deadly collisions increases, safety advocates say that the time is now to change the language surrounding “accidents.”
New York City Makes Changes
In the year 2014, the City of New York adopted a policy stating that the City cannot refer to collisions as accidents, and must instead refer to collision as ‘traffic crashes’ instead.
The change in the wording surrounding collisions may also change the sentiment regarding collisions, and could have an effect on the no-fault laws of many states, including New York. Because an accident suggests that the collision occurred unexpectedly and without fault, whereas the word “crash” is a much more neutral term, changing the language may be useful in holding negligent drivers responsible for their actions.
What to Do If You Are in a Crash in New York
Being involved in a collision – whether you call it a crash or an accident – is scary. And if you are not at fault and suffer injuries, you probably have questions about how New York’s no-fault laws will apply to you, how to file an insurance claim, and whether or not you will have the right to pursue non-economic damages. At the law offices of Jeffrey K. Kestenbaum, our experienced Brooklyn car accident lawyer can guide you through the process of recovering compensation after a crash.
Fill out our online form today to schedule your free case consultation or call 718-237-5586.
