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No Accident

August 15th, 2012 | Posted by Nick Andrew in advocacy | bike safety | law | transport | Transport Department

This is reproduced from the excellent Transportation Alternatives website

A few years ago, the New York Times published a five-sentence brief about a man who “intentionally ran over five people” with an SUV after a fight in North Bellmore, Long Island. The driver, the Times reported, “fled the scene of the accident.” The police later located the vehicle that “they believed was involved in the accident.” One of the victims was in critical condition.

Ho hum. News briefs about the previous day’s car crashes are as routine as box scores and the weather forecast. Yet, in this case, the Times’ (and, presumably, the Nassau County cops’) choice of one particular word stood out: If a man intentionally ran over five people, how could that possibly be considered an accident? If, instead of car keys, the man had picked up a gun and shot five people, would the press and police have called that an “accident” too? No. They’d have called it “attempted homicide.” Yet, for some reason when the weapon is a car, when the violence on our streets is done with a motor vehicle, it’s always just an “accident.”

So, is it any surprise that the NYPD’s “Accident” Investigation Squad so frequently declares “no criminality suspected” after a motor vehicle is used to kill a pedestrian or cyclist on New York City streets? After all, they don’t call themselves the Motor Vehicle Manslaughter Squad. They don’t think of themselves as homicide detectives, or cars as weapons, or drivers as killers. The word “accident” implies no fault. It’s what we call it when a toddler makes a small mess. “Don’t cry over spilled milk,” we say. The assumption is built into the name of the NYPD bureaucracy itself: Death by motor vehicle is an “accident” before the investigators even get to what may very well be the scene of a crime. The Accident Investigation Squad is there to clean up and keep the traffic moving.

Though it may sometimes seem otherwise, New York City drivers don’t wake up in the morning intending to harm pedestrians and cyclists. Most crashes are unintentional and “accident” is not an inaccurate word to describe them. But the fact remains: Driver negligence is the number one cause of crashes, and it’s no big surprise—or accident—when negligent driving hurts and kills people on crowded city streets. In fact, our legal system has a word for this type of unintentional killing: “Manslaughter.” Lots of work needs to be done and lots of things need to change to fix the way the NYPD deals with pedestrians and cyclists who have been injured and killed by negligent drivers. But if it’s true that small changes in language can have a big impact on public policy, then the easiest change is simply this: Stop calling car crashes “accidents.”

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One Response

  • Martin Turner says:

    Absolutely right. Even when a motorist’s action is not a ‘deliberate’, the appropriate non-prejudicial terms are ‘collision’ or ‘impact’.

    And then there are the very much more common instances of negligence, ignorance and malice by motorists in which a collision was avoided only through luck or the alertness of the cyclist. In Hong Kong these are airily referred to as ‘complaints’ about someone’s ‘driving manner’, and passed along by frontline police to Traffic Division, handled much later in writing.



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