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	<title>
	Comments on: Stop using the word &#8220;accident&#8221;?	</title>
	<atom:link href="https://www.overlawyered.com/2007/07/stop-using-the-word-accident/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2007/07/stop-using-the-word-accident/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Thu, 05 Jul 2007 19:57:19 +0000</lastBuildDate>
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	<item>
		<title>
		By: Adam Freedman		</title>
		<link>https://www.overlawyered.com/2007/07/stop-using-the-word-accident/comment-page-1/#comment-8067</link>

		<dc:creator><![CDATA[Adam Freedman]]></dc:creator>
		<pubDate>Thu, 05 Jul 2007 19:57:19 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5078#comment-8067</guid>

					<description><![CDATA[The British have a flair for legalese - even when compared to Americans. In one local government plan dealing with traffic congestion, the term &quot;bottleneck&quot; was rejected (too simple!) in favor of &quot;localised capacity deficiencies.&quot;  (Thanks to the Plain English Campaign for that).
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			<content:encoded><![CDATA[<p>The British have a flair for legalese &#8211; even when compared to Americans. In one local government plan dealing with traffic congestion, the term &#8220;bottleneck&#8221; was rejected (too simple!) in favor of &#8220;localised capacity deficiencies.&#8221;  (Thanks to the Plain English Campaign for that).</p>
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		<title>
		By: Chris		</title>
		<link>https://www.overlawyered.com/2007/07/stop-using-the-word-accident/comment-page-1/#comment-8066</link>

		<dc:creator><![CDATA[Chris]]></dc:creator>
		<pubDate>Thu, 05 Jul 2007 18:11:35 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5078#comment-8066</guid>

					<description><![CDATA[}} All the word &quot;accident&quot; suggests is that nobody acted intentionally to achieve the result and that the result was unexpected. This is almost always the case.

And these days people seem to have forgotten about being responsible for their actions.

Choosing not to evaluate the possible risks you create for yourself and others doesn&#039;t mean that the results where unexpected.

In many ways this issue seems like a person trying to claim ignorance of the law means you should be except from it.   Except we aren&#039;t talking about the law we are talking about drivers that choose not to evaluate the statical likely hood of the danger that they inflict on others by choosing to be distracted, not following the rules of the road, or drive under the influence.
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			<content:encoded><![CDATA[<p>}} All the word &#8220;accident&#8221; suggests is that nobody acted intentionally to achieve the result and that the result was unexpected. This is almost always the case.</p>
<p>And these days people seem to have forgotten about being responsible for their actions.</p>
<p>Choosing not to evaluate the possible risks you create for yourself and others doesn&#8217;t mean that the results where unexpected.</p>
<p>In many ways this issue seems like a person trying to claim ignorance of the law means you should be except from it.   Except we aren&#8217;t talking about the law we are talking about drivers that choose not to evaluate the statical likely hood of the danger that they inflict on others by choosing to be distracted, not following the rules of the road, or drive under the influence.</p>
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		<title>
		By: David Schwartz		</title>
		<link>https://www.overlawyered.com/2007/07/stop-using-the-word-accident/comment-page-1/#comment-8065</link>

		<dc:creator><![CDATA[David Schwartz]]></dc:creator>
		<pubDate>Thu, 05 Jul 2007 05:05:20 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5078#comment-8065</guid>

					<description><![CDATA[Tom Bierley wrote:
As far as unintended consequences, &quot;I didn&#039;t *mean* to do it&quot; is not an excuse to call it an &quot;accident&quot;.

I agree. We should call it an accident if and only if it meets the definition of an accident. Here are some dictionary definitions:

1) An unexpected and undesirable event, especially one resulting in damage or harm: car accidents on icy roads.

2) a mishap; especially one causing injury or death

3) An unanticipated or unpredictable harmful event.

4) An unforeseen and unplanned event or circumstance

5) An unfortunate event resulting especially from carelessness or ignorance

If the outcome was intended, it&#039;s definitely not an accident. If the specific set of events was predictable, it&#039;s definite not an accident.

Not only is &quot;I didn&#039;t mean to do it&quot; an excuse to call something an accident, it&#039;s one of the defining aspects of aspects. They are not intended outcomes.

In the context of traffic accidents, the term &quot;accident&quot; simply says that the outcome was not intended   and that a significant element of chance was involved.

]]></description>
			<content:encoded><![CDATA[<p>Tom Bierley wrote:<br />
As far as unintended consequences, &#8220;I didn&#8217;t *mean* to do it&#8221; is not an excuse to call it an &#8220;accident&#8221;.</p>
<p>I agree. We should call it an accident if and only if it meets the definition of an accident. Here are some dictionary definitions:</p>
<p>1) An unexpected and undesirable event, especially one resulting in damage or harm: car accidents on icy roads.</p>
<p>2) a mishap; especially one causing injury or death</p>
<p>3) An unanticipated or unpredictable harmful event.</p>
<p>4) An unforeseen and unplanned event or circumstance</p>
<p>5) An unfortunate event resulting especially from carelessness or ignorance</p>
<p>If the outcome was intended, it&#8217;s definitely not an accident. If the specific set of events was predictable, it&#8217;s definite not an accident.</p>
<p>Not only is &#8220;I didn&#8217;t mean to do it&#8221; an excuse to call something an accident, it&#8217;s one of the defining aspects of aspects. They are not intended outcomes.</p>
<p>In the context of traffic accidents, the term &#8220;accident&#8221; simply says that the outcome was not intended   and that a significant element of chance was involved.</p>
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		<title>
		By: Tom Bierley		</title>
		<link>https://www.overlawyered.com/2007/07/stop-using-the-word-accident/comment-page-1/#comment-8064</link>

		<dc:creator><![CDATA[Tom Bierley]]></dc:creator>
		<pubDate>Wed, 04 Jul 2007 09:07:26 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5078#comment-8064</guid>

					<description><![CDATA[I was taught in Drivers Ed many years ago that there is no such thing as an automobile accident - wrecks are caused by someone doing something they shouldn&#039;t or not doing something they should. As far as unintended consequences, &quot;I didn&#039;t *mean* to do it&quot; is not an excuse to call it an &quot;accident&quot;.
]]></description>
			<content:encoded><![CDATA[<p>I was taught in Drivers Ed many years ago that there is no such thing as an automobile accident &#8211; wrecks are caused by someone doing something they shouldn&#8217;t or not doing something they should. As far as unintended consequences, &#8220;I didn&#8217;t *mean* to do it&#8221; is not an excuse to call it an &#8220;accident&#8221;.</p>
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		<title>
		By: ben tillman		</title>
		<link>https://www.overlawyered.com/2007/07/stop-using-the-word-accident/comment-page-1/#comment-8063</link>

		<dc:creator><![CDATA[ben tillman]]></dc:creator>
		<pubDate>Wed, 04 Jul 2007 00:30:28 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5078#comment-8063</guid>

					<description><![CDATA[&quot;I like the lawyer comments.

&quot;Ordinary words are no longer permissible anterior to a legal proceeding.&quot;

By the way, &quot;before&quot; is an ordinary word.

]]></description>
			<content:encoded><![CDATA[<p>&#8220;I like the lawyer comments.</p>
<p>&#8220;Ordinary words are no longer permissible anterior to a legal proceeding.&#8221;</p>
<p>By the way, &#8220;before&#8221; is an ordinary word.</p>
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		<title>
		By: Zubon		</title>
		<link>https://www.overlawyered.com/2007/07/stop-using-the-word-accident/comment-page-1/#comment-8062</link>

		<dc:creator><![CDATA[Zubon]]></dc:creator>
		<pubDate>Tue, 03 Jul 2007 22:24:31 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5078#comment-8062</guid>

					<description><![CDATA[&quot;Will we apply this also to crashes attributable to poor road design?&quot;

Yes, actually.  Your state and federal Departments of Transportation should be looking for that sort of thing.  Of course, The State explicitly has immunity for any poor designs it turns up, but there are a great many crashes that could be prevented by changing the roadway design, signage, or light timing.
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			<content:encoded><![CDATA[<p>&#8220;Will we apply this also to crashes attributable to poor road design?&#8221;</p>
<p>Yes, actually.  Your state and federal Departments of Transportation should be looking for that sort of thing.  Of course, The State explicitly has immunity for any poor designs it turns up, but there are a great many crashes that could be prevented by changing the roadway design, signage, or light timing.</p>
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		<title>
		By: David Schwartz`		</title>
		<link>https://www.overlawyered.com/2007/07/stop-using-the-word-accident/comment-page-1/#comment-8061</link>

		<dc:creator><![CDATA[David Schwartz`]]></dc:creator>
		<pubDate>Tue, 03 Jul 2007 15:28:13 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5078#comment-8061</guid>

					<description><![CDATA[All the word &quot;accident&quot; suggests is that nobody acted intentionally to achieve the result and that the result was unexpected. This is almost always the case.

Nothing about the term &quot;accident&quot; suggests, at least to me, that it was unavoidable or that nobody is to blame. Accidents always have causes, and many of those causes obviously create a risk that something like the accident could occur.

This strikes me as really silly. Worse than requiring a rape victim to describe her ordeal without being able to give her opinion of it.

]]></description>
			<content:encoded><![CDATA[<p>All the word &#8220;accident&#8221; suggests is that nobody acted intentionally to achieve the result and that the result was unexpected. This is almost always the case.</p>
<p>Nothing about the term &#8220;accident&#8221; suggests, at least to me, that it was unavoidable or that nobody is to blame. Accidents always have causes, and many of those causes obviously create a risk that something like the accident could occur.</p>
<p>This strikes me as really silly. Worse than requiring a rape victim to describe her ordeal without being able to give her opinion of it.</p>
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		<title>
		By: Tex Mex		</title>
		<link>https://www.overlawyered.com/2007/07/stop-using-the-word-accident/comment-page-1/#comment-8060</link>

		<dc:creator><![CDATA[Tex Mex]]></dc:creator>
		<pubDate>Tue, 03 Jul 2007 12:46:30 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5078#comment-8060</guid>

					<description><![CDATA[Fine - since there will longer be &quot;accidents&quot;, coverage will no longer exist under liability insurance policies for injury and damages caused by an &quot;accident&quot;, right?
]]></description>
			<content:encoded><![CDATA[<p>Fine &#8211; since there will longer be &#8220;accidents&#8221;, coverage will no longer exist under liability insurance policies for injury and damages caused by an &#8220;accident&#8221;, right?</p>
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		<title>
		By: Walter E. Wallis		</title>
		<link>https://www.overlawyered.com/2007/07/stop-using-the-word-accident/comment-page-1/#comment-8059</link>

		<dc:creator><![CDATA[Walter E. Wallis]]></dc:creator>
		<pubDate>Tue, 03 Jul 2007 11:15:40 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5078#comment-8059</guid>

					<description><![CDATA[Will we apply this also to crashes attributable to poor road design? Driving requires a predictable route ahead. When that expectation is denied, crashes can result.
]]></description>
			<content:encoded><![CDATA[<p>Will we apply this also to crashes attributable to poor road design? Driving requires a predictable route ahead. When that expectation is denied, crashes can result.</p>
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		<title>
		By: Supremacy Claus		</title>
		<link>https://www.overlawyered.com/2007/07/stop-using-the-word-accident/comment-page-1/#comment-8058</link>

		<dc:creator><![CDATA[Supremacy Claus]]></dc:creator>
		<pubDate>Tue, 03 Jul 2007 10:57:26 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5078#comment-8058</guid>

					<description><![CDATA[I like the lawyer comments.

Ordinary words are no longer  permissible anterior to a legal proceeding. The word &quot;accident&quot; requires paying fees to three lawyers, now, being a legal conclusion.
]]></description>
			<content:encoded><![CDATA[<p>I like the lawyer comments.</p>
<p>Ordinary words are no longer  permissible anterior to a legal proceeding. The word &#8220;accident&#8221; requires paying fees to three lawyers, now, being a legal conclusion.</p>
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