Accident versus Crash

Brien Roche

In Virginia jury instructions, a motor vehicle crash is referred to as being an accident. The word “accident” does tend to downplay the seriousness of what happened. That is, saying that something was just an accident means that no one is at fault. In a motor vehicle crash, someone typically is at fault. 

As such it may be helpful to consider filing a Motion in Limine for entry of an Order directing that all references to the incident are to the crash or collision and not to the accident. This would apply to the jury instructions.

For the defense to argue that the crash was just an accident means that they are trying to deflect liability. They’re not taking full responsibility. Not only are they not taking full responsibility, but they have hired a defense doctor who is trying to minimize damages. 

The use of the term “crash” is really in large measure a matter of common usage and consistency. Airplanes don’t have accidents. They crash. Trains do not have accidents. They wreck or they crash. Why should automobiles be treated differently?

The Virginia Department of Motor Vehicles in DMV Form FR-200 (July 1, 2020) describes the report of the crash as being a “Voluntary report of a crash”. Likewise Virginia DMV Form CRD-93 (July 1, 2021) is an information request for such things as the “Police Crash Report”. In addition Virginia DMV Form FR-300____ (Revised in July of 2007) expressly identifies the police report as being the “Police Crash Report”. Va. Code § 46.2-208(B)(17) expressly references “motor vehicle crash”. 

As such there may be some merit in filing such a motion. 

Work With An Experienced Auto Accident Lawyer

Call, or contact us for a free consult. Also for more info on auto crashes see the Wikipedia pages. Also see the post on this site dealing with accident investigation issues.