Language Matters: Using Correct Terminology After A Tractor-Trailer Crash
A collision between a tractor-trailer (or other large vehicle) and a private car or truck is usually referred to as an accident, regardless of the actual events that caused the crash. It may seem pedantic, but sometimes it can be important to characterize road crashes as just that – the word ‘accident,’ after all, can imply fault (or lack thereof) when it may not be appropriate to do so. In the aftermath of a collision, when it is likely that at least one driver has suffered serious injury, it is important to do everything possible to establish liability where it should lie.
What Is An ‘Accident?’
Law dictionaries generally define accidents as “unforeseeable and unexpected” turns of events that cause injury or ‘loss of value’ to one or more individuals. This definition explicitly excludes negligence, because negligence is rarely unforeseeable. Thus, crashes where one or more drivers may have acted negligently will almost never be classified as true ‘accidents.’ In normal speech, the definition of the word ‘accident’ is much broader, but the narrower context matters when discussing liability in a legal context.
Negligence is, in general, a failure to exercise reasonable care. There are three major components to establishing negligence in a tractor-trailer crash: (1) a duty to exercise reasonable care toward the plaintiff; (2) a breach of that duty; (3) tangible injuries; and (4) a showing that the defendant’s actions (or lack thereof) were the direct cause of the plaintiff’s injuries. All of these steps add up to a situation in which a person’s agency matters; in other words, none of this is unforeseeable or unexpected in the context of Florida roads.
It’s All About Perception
If you or a loved one has been involved in a collision with a tractor-trailer, it can feel almost irrelevant to debate what one might call the event in which you were injured. However, this kind of language choice can affect matters in the long run. For example, the average person tends to associate the word ‘accident’ with something that is inevitable or random, with little to be done to avoid it. Characterizing these collisions appropriately can push truck companies to focus a bit more on safety and less on profits.
When it comes to actual legal proceedings, it is arguably even more important to use a word like ‘wreck’ or ‘crash’ instead of accident – in some situations, using the word ‘accident’ can imply liability, or at the very least, it can be considered part of an admission of guilt. The right attorney can be a huge advantage here; they can negotiate with insurance adjusters and protect your rights while you can focus on physical recovery.
Contact A Tampa Tractor-Trailer Collision Attorney
Being involved in a wreck with a tractor-trailer can lead to life-changing injury, but so often these crashes are not taken seriously. A Tampa truck accident attorney from the Rinaldo Law Group can offer compassionate and experienced representation during what can be a scary time in your life. Contact our office today to schedule a free consultation.
