Car Crash vs. Car Accident: Deciphering the Legal Language

What Is the Difference Between a Car Crash and a Car Accident?

In the vast majority of cases, there is no real difference between a car crash and a car accident.

A crash is any incident in which an object falls, lands, or hits with destructive force. In the context of car wrecks, this encompasses the vast majority of incidents, whether they involve one or multiple vehicles.

Many people differentiate the term “car accident” and interpret it to refer to an incident that is no one’s fault. However, this is untrue. If a driver looks down to check their phone and rear-ends the driver in front of them, the incident is still an accident — although it is the negligent driver’s fault, and they would be liable for property damage and potential injury compensation.

According to the definition of “accident” as it pertains to the law, an accident is an unexpected incident that causes loss or injury and is not the fault of the person injured (but one for which they can still pursue legal relief). Note that it does not say “not the fault of anyone.” So, strictly speaking, if a driver were to intentionally ram another vehicle, it could still be accurately referred to as an accident because the victim is not at fault and because they could pursue legal damages.

Then what isn’t an accident? Oddly enough, if an inattentive driver drifted into a ditch and wrecked their car, it isn’t technically an accident under the purview of the law because the negligent driver cannot pursue legal relief against anyone — although this distinction is made extremely rarely, and such an incident is nearly always referred to as an accident.

So even though most crashes would therefore fall under the definition of an accident, you should be aware that many legal firms and courtrooms take a very different approach that contradicts the true legal definition. In many cases, these entities may only recognize an incident as an accident if there’s no one who carries liability for losses or injuries. An example might include a lightning strike that causes a car to crash. This determination may be inaccurate, but it is something you should keep in mind.

What you should also realize is that insurance companies representing the at-fault party often adopt a similar interpretation of the word “accident” in order to strategically downplay their client’s responsibility and reduce the compensation they need to pay. By referring to the incident as an accident, they intentionally imply that no one is to blame, which can complicate the claims process for the victim.

Who Is Liable in a Car Crash?

Liability in a motor vehicle collision isn’t limited to just the drivers involved; multiple parties can be held responsible depending on the circumstances. Besides the at-fault driver, liable parties may include other drivers, employers of drivers, vehicle manufacturers, or even government entities.

For example, if an employee was operating a company vehicle during work hours, the employer might share responsibility under the legal concept of vicarious liability. Similarly, if a car wreck is caused by poor road conditions or faulty traffic signals, a government agency responsible for road maintenance could be held accountable. And if a defect in the vehicle contributed to the accident, the car manufacturer might be liable.

Determining liability often requires a thorough investigation to identify all parties whose negligence played a role in the collision.

What Is Oregon’s Statute of Limitations?

Oregon sets a two-year deadline for filing most personal injury lawsuits, starting from the date of the injury or when it was discovered. Missing this deadline means losing the right to seek compensation. There are exceptions for cases involving minors, fatalities, or claims against government entities, so it’s essential to act promptly and consult with a car accident attorney to protect your legal rights.

Oregon’s Modified Comparative Negligence in a Car Crash

In Oregon, a person injured in a collision can seek compensation even if they are partially at fault — as long as their share of fault does not exceed 50%. Under this modified comparative negligence rule, the amount of compensation they would be eligible for is then reduced by their percentage of responsibility.

For example, if a driver is found to be 20% at fault for a crash and their potential compensation totals $10,000, they would receive $8,000 instead. This means that it’s crucial to accurately establish your degree of responsibility with the help of an attorney when pursuing maximum compensation.

Common Types of Car Crashes

Car crashes come in various forms, each with distinct circumstances and typical fault assignments:

• Rear-end collisions: These incidents occur when a driver fails to stop in time and hits the car in front. The car in the back is usually found to be at fault for these crashes.
• Head-on crashes: These often result from a driver entering the wrong lane or swerving into oncoming traffic. Fault typically lies with the driver in the wrong lane.
• Left-turn crashes: These crashes occur when a driver turns left without yielding to oncoming traffic. The turning driver is generally at fault unless signals or signs indicate otherwise.
• Cross-traffic or t-bone crashes: These typically happen when a driver runs a red light or stop sign, colliding with another vehicle. The driver who fails to yield the right-of-way is usually responsible.
• Parking lot crashes: Drivers who ignore right-of-way or hit parked cars when backing out without looking can cause these wrecks. Fault usually falls on the careless driver.

Understanding these common types of car crashes can help determine fault and liability in the aftermath of an incident.

Contributing Factors in Collisions

Here are some of the most common contributing factors in car crashes:

Impaired Driving

Impaired driving significantly increases the risk of a car crash. Alcohol and drugs impair motor skills and judgment, making drivers more prone to mistakes. However, fatigued driving also falls under this category. Fatigue can slow reaction times and even cause drivers to fall asleep at the wheel, leading to serious collisions.

Distracted Driving

Distractions such as phones can cause a driver to look away from the road — even briefly — and lead to an accident. Other distractions include adjusting the radio or looking at billboards.

Failure to Yield

Failing to yield the right-of-way is a frequent cause of motor vehicle crashes, whether the driver ignores traffic signals, refuses to yield, or turns left at an unsafe time.

Mechanical Failures

Vehicle issues can also contribute to traffic collisions, especially when they cause a loss of control. Drivers may be liable if they neglect regular vehicle upkeep, but defective parts can also cause crashes, which potentially places fault on the manufacturer.

Road Conditions and Environmental Factors

Poor road conditions or inadequate signage can also lead to crashes, complicating the determination of fault.

Identifying these factors is key to determining liability and ensuring proper compensation for those affected. Whether due to driver error, vehicle issues, or road conditions, each potential factor must be thoroughly examined.

Should I Get a Lawyer for a Car Crash That Wasn’t My Fault?

If you’ve been in a car accident that wasn’t your fault, it’s crucial to have a skilled car crash attorney on your side. This is because insurance companies will often try to shift the blame to you in order to reduce your total compensation.

An experienced car accident lawyer from Newlin Law Offices can gather evidence, negotiate with insurers, and make sure your rights are protected. They can also evaluate the full extent of your losses, including medical expenses, lost wages, and pain and suffering. With their skill, you’ll have a stronger case and stand a better chance at securing the maximum compensation possible.