You may think this is silly but it could cost you.
Here is the question: where you in an “accident” or in a “crash?”If you testify that you were in an “accident,” the jury could hear that no one is at fault. If so, “accidents” could lead to less money for you.
In my experience, a car wreck is almost always someone’s fault. Think about it — someone was texting, drank too much, traveled too fast or drove too close. Most car wreck cases hinge on who is at fault so don’t give up this major point. If you are in a crash, say “crash.”
You are going to hear more about this. Journalists are being asked to change to “crash” and even some laws are being re-written to change the wording.
Now this probably sounds like a lot of lawyer-talk over something that is not very important. But words are important.
I once had an opposing lawyer refer to the wreck as a “bump.”He kept saying things like, “So what happened after my client bumped you.” It was clear what he was trying to do. I on the other hand referred to something like,“the near deadly force that threw you towards the windshield relocating your spine.”
I have seen plenty of insurance adjusters use terms that make it seem that the bad driver was not at fault. Don’t help them. Tell what really happened by calling a crash a crash and helping to hold the guilty party responsible.
OK, in casual conversation, I call them “accidents” too. It is just how we talk on the Gulf Coast.
Hurt in a car wreck … even a crash? You can talk to us at Eiland and Ritchie for free. There is no charge unless we collect for you. We want to help you get back on your feet.
Allen Ritchie
Alabama personal injury lawyer