ACCIDENT

8 definitions found across Law Mind sources

ACCIDENTAuthored
The Law Mind • 1175 words
Definition
An event that occurs without foresight, design, or intention — one that is unexpected, undesigned, and not the natural or probable consequence of any known cause. The term carries two distinct but related legal meanings depending on context. 1. General tort and insurance law: An unforeseeable occurrence causing injury or loss, without fault or intention on the part of the actor whose conduct produced it. Critically, the negligence of the injured party does not disqualify an event from being an accident — the focus is on the actor's lack of intent, not the reasonableness of the victim's conduct. 2. Equity: A narrower and more demanding concept. An unforeseen event, misfortune, loss, act, or omission that is not the result of any negligence or misconduct by either party. Courts of equity exercised jurisdiction to provide relief when a party suffered hardship through pure accident — circumstances in which strict legal rules would produce an unjust result through no fault of anyone involved.
Common Language
Modern common usage (Wiktionary): An unexpected event with negative consequences occurring without the intention of the one suffering them, and not directly caused by humans. Historical common usage (Webster's 1913): An event that takes place without foresight or expectation; an undesigned, sudden, and unexpected occurrence; a casualty or mishap. The common meaning and the legal meaning are close but not identical in a way that matters for research. Ordinary usage emphasizes unexpectedness and harm; legal usage adds the requirement that the actor lacked design or intention, and sometimes adds the further equity requirement that neither party was negligent. A driver who negligently runs a red light and injures a pedestrian may have caused an "accident" in common speech — and even in most insurance law — but would not qualify as an "accident" in the equitable sense.
Common Confusion
Accident vs. negligence: In common speech, calling something an "accident" implies no one was at fault. In most tort and insurance contexts, this is wrong. A negligently caused event can still be an "accident" for insurance coverage purposes, provided the actor did not intend the resulting harm. The confusion matters enormously in insurance litigation: courts frequently must decide whether negligent conduct that produces injury counts as an "accident" triggering coverage under a liability policy. The answer is generally yes — intent to cause harm, not intent to act, is what negates accident status. Accident vs. act of God: These terms overlap but are not synonymous. An act of God is a subset of accident — a casualty caused entirely by natural forces without human intervention. All acts of God are accidents; not all accidents are acts of God.
Recognized Forms
/SUBTYPES Inevitable accident: An occurrence that could not have been prevented by any precaution a reasonable person might be expected to take. In early common law, inevitable accident functioned as a defense to tort liability; its relevance has diminished as negligence doctrine has matured. Pure accident (equity): The equitable conception requiring total absence of negligence or misconduct. Courts of equity exercised jurisdiction to grant relief — such as reformation, rescission, or specific performance — where strict enforcement of legal rights would be unjust solely because of pure accident. Accident trigger (insurance): In liability insurance, the moment when an "accident" occurs is used to determine which policy period is triggered. This is distinct from manifestation, exposure, or injury-in-fact triggers used in continuous or progressive injury cases.
Why It Matters in Research
The term is a moving target across both time and legal domain. Researchers must identify which meaning is operative before applying any historical authority. In insurance law, the definition of "accident" is the threshold question for coverage under general liability and accident insurance policies. Courts have disagreed about whether the test is subjective (did this actor intend the harm?) or objective (would a reasonable person have expected this result?). Historical cases from the late nineteenth and early twentieth centuries often applied more plaintiff-friendly definitions; modern cases frequently import an objective foreseeability gloss. The Law Mind Insurance Encyclopedia entry on CGL occurrence requirements addresses this evolution directly and is the most efficient entry point for this body of doctrine. In equity, the accident doctrine gave courts jurisdiction to intervene when rigid application of law would cause injustice through pure misfortune. This jurisdiction is largely absorbed by modern equitable doctrines (mistake, reformation, unconscionability), so historical equity treatises — particularly Story — use the term in ways that do not map cleanly onto modern doctrine. In workers' compensation law, "accident" has been further modified by statute in most jurisdictions. Many states have moved away from requiring a discrete accidental event, extending coverage to occupational disease and cumulative trauma. Historical workers' compensation cases using the word "accident" may reflect statutory definitions that no longer exist. Watch for the Rapalje & Lawrence and Anderson's Dictionary entries pulled under this headword — neither substantively addresses accident; both reflect indexing proximity to adjacent entries (accession, accessory). Do not rely on those sources for this term.
Historical Dictionary Support
Black's Law Dictionary (both editions) and Burrill's Law Dictionary are in substantive agreement on the core definition: an unforeseen event, occurring without will or design, producing unexpected consequences. Both track the casualty-focused meaning rooted in probability and foreseeability rather than moral fault. Burrill adds the most useful nuance: the equity definition is explicitly distinguished from the general one, citing Story's Equity Jurisprudence § 78, and Burrill acknowledges that even Story's contemporaries recognized the difficulty of pinning down the term — Spence observed that "every attempt to define accident" runs into trouble. This candid acknowledgment of definitional instability is itself a useful data point for researchers working in early equity materials. Black's (2nd Ed.) is slightly more developed than the first, noting that the injured party's negligence does not remove an event from the category of accident — a point that became critical in accident insurance litigation of the early twentieth century. Neither Rapalje & Lawrence nor Anderson's Dictionary of Law provides a usable entry for this term in the materials available. Researchers should not treat the absence of substantive content in those sources as indicative of the term's legal insignificance; both are valuable for adjacent doctrines.
Jurisdictional Note
Workers' compensation statutes have substantially displaced the common law accident definition in employment injury contexts. What counts as a compensable "accident" varies significantly by state, with some jurisdictions requiring a discrete identifiable event and others extending coverage to gradual injury or disease. Insurance policy definitions of "accident" are also partly shaped by state-specific regulatory requirements and interpretive case law.
Encyclopedia Cross-Reference
Insurance Law Encyclopedia — CGL: The Occurrence Requirement, the Accident Trigger, and Intentional Acts Exclusions
Related Terms
Act of God | Casualty | Inevitable Accident | Negligence | Occurrence (insurance) | Fortuity | Mistake | Relief in Equity | Workers' Compensation | Intentional Act Exclusion | Foreseeability
ACCIDENTmain
Black's Law Dictionary • 1891
An unforeseen event, oc- curring without the will or design of the person whose mere act causes it; an unex- pected, unusual, or undesigned occurrence; the effect of an unknown cause, or, the cause being known, an unprecedented consequence of it; a casualty. There is nothing in the definition of the word "accident" that excludes the negligence of the injured party as one of the elements con- tributing to produce the result. A very large management of horses, and in a thousand ways, where it can readily be seen afterwards that a little greater care on their part would B have prevented it. Yet such injuries, having C been unexpected, and not caused intentionally or by design, are always called "accidents," and properly so. 24 Wis. 28. In equity practice. Such an unforeseen event, misfortune, loss, act, or omission as is D not the result of any negligence or misconduct in the party. Fran. Max. 87; Story, Eq. Jur. § 78. The meaning to be attached to the word "accident," in relation to equitable relief, is any unforeseen and undesigned event, pro- ductive of disadvantage. Wharton. An accident relievable in equity is such an occurrence, not the result of negligence or misconduct of the party seeking relief in re- lation to a contract, as was not anticipated by the parties when the same was entered into, and which gives an undue advantage to F one of them over another in a court of law. G Code Ga. 1882, § 3112. Accipere quid ut justitiam facias, non est tam accipere quam extorquere. To accept anything as a reward for doing justice H is rather extorting than accepting. Lofft, 72.
ACCIDENTmain
Rapalje & Lawrence • 1888
(10) ACCESSARY.-See ACCESSORY. ACCESSION, strictly speaking, is where a thing which belongs to one person becomes the property of someone else, by reason of its becoming added to or incorporated with a thing belonging to the latter. This takes place in the case of alluvion, dereliction, the addition of buildings, plants, &c., to the soil, the erection of fixtures, and where two things are so united as to form one, as by the embroidering of cloth, the painting of a picture on canvas, &c. 2 Just. Inst. 1, 33 20 et seq.; Hunt. Rom. Law 128; 1 Vangerow, Pandekten, 629. 2. Blackstone includes under accession what is more correctly called specificatio, which takes place where a person makes a new thing (species) out of materials belonging to another, and thereby acquires the ownership of them, subject to making compensation to the former owner for their original value. 2 Bl. Com. 404; Kuntze, Cursus, 22 508-511.* 3. The word is also used to denote the beginning of the reign of a sovereign, or the acceptance by one nation of a treaty already concluded between two or more other states or sovereignties. Merl. Répert. ACCESSION, (of land, law of). 8 Wheat. (U.S.) 1, 108. (by alteration of property in species). 5 Johns. (N.Y.) 348; 7 Cow. (Ν. Υ.) 95. Accessorium non ducit, sed sequitur suum principale: An accessory thing does not lead, but follows the principal thing to which it is accessory. Thus, in certain cases, a fixture becomes the property of the owner of the land to which it is affixed, and crops are the property of him on whose land they grow. Accessorium sequitur naturam rei cui accedit: The accessory follows the nature of the thing to which it is accessory. See ACCESSION; ACCRETION. Accessorius sequitur naturam sui principalis: The accessory follows the nature of his principal. An accessory to a crime cannot be deemed guilty of a higher degree of the offence than his principal. ACCESSORY.-LATIN: accessorius. (1) Anything connected or joined with another thing (called the principal) as an incident or subordinate, is accessory to such principal thing. (2) He who is not a chief actor at a felony, nor present at its perpetration, but yet is in some way concerned therein, either before or after the fact committed, is an accessory to the crime. In this latter sense the word is sometimes spelled accessary. 1. Before the fact.-An accessory before the fact is he who, directly or indirectly, counsels, procures, aids or commands any person to commit any felony which is committed in his absence, in consequence of such counsel, aid or command. (1 Russ. Cr. 164; Steph. Cr. Dig. 24.) In England the accessory before the fact to any felony is in all respects in the same position as if he were a principal felon. (Stat. 24 and 25 Vict. c. 94 88 1, 2; Greaves Cr. Acts, 18.) In high treason and misdemeanor there are no accessories, but all persons concerned therein, if guilty at all, are principals. (1) Russ. Cr. 167, 169.) This is not so well settled in the United States as respects persons who assist traitors. Serg. Const. L. 382; 4 Cranch (U. S.) 472, 501. 2. After the fact. - An accessory after the fact is a person who, knowing a felony to have been committed by another, re ceives, relieves, comforts or assists the felon, in order to enable him to escape from punishment, or the like. 1 Russ. Cr. 171; Steph. 27; 39 Miss. 702. 23. At the fact.-In English law principals in the second degree are sometimes called accessories at the fact. 1 Russ. Cr. 156. ACCESSORY, (defined). 4 Bl. Com. 35; 2 Stark. Ev. 8. ACCESSORY AND PRINCIPAL, (defined). Coxe (N. J.) 453. See also Baldw. (U. S.) 78, 102; 1 Woodb. & M. (U. S.) 221. fall. ACCIDENT.- LATIN: ad to, and cadere to An extraordinary, unusual and unexpected event; an event happening from *The doctrine of property arising from accesthing was entitled by his right of possession to sion is grounded on the right of occupancy, and the property of it under its imp improved state; but derived from the Roman law; thus, if any given if the thing itself by such operation, was changed corporeal substance receive an accession, either into a different species, as by making wine, oil, by natural or artificial means, as by the growth or bread out of another's grapes, olives, or wh or wheat, of vegetables, the pregnancy of animals, the it belonged to the new operator; who only made embroidering of cloth, or the conversion of wood a satisfaction to the former proprietor for the or metal into utensils, the original owner of the materials so converted.
ACCIDENTmain
Burrill's Law Dictionary • 1867
[Lat. accidens, from accidere, q. v.] A casualty; an act of providence; an event that takes place without one's foresight or expectation. See Inevitable accident, Act of God, Casualty. In equity. Any such unforeseen event, misfortune, loss, act or omission, as is not the result of any negligence or misconduct.* 1 Story's Eq. Jurispr. § 78. According to Mr. Spence, "every attempt to define accident in its judicial acceptation, has failed." 1 Spence's Ch. 628.
ACCIDENTn.
Websters Unabridged Dictionary (1913) • 1913
Literally, a befalling; an event that takes place without one's foresight or expectation; an undesigned, sudden, and unexpected event; chance; contingency; often, an undesigned and unforeseen occurrence of an afflictive or unfortunate character; a casualty; a mishap; as, to die by an accident. Of moving accidents by flood and field. Shak. Thou cam'st not to thy place by accident: It is the very place God meant for thee. Trench. A property attached to a word, but not essential to it, as gender, number, case. A point or mark which may be retained or omitted in a coat of arms. A property or quality of a thing which is not essential to it, as whiteness in paper; an attribute. A quality or attribute in distinction from the substance, as sweetness, softness. Any accidental property, fact, or relation; an accidental or nonessential; as, beauty is an accident. This accident, as I call it, of Athens being situated some miles from the sea. J. P. Mahaffy. Unusual appearance or effect. [Obs.] Chaucer.
accidentnoun
Wiktionary (English) • 2026
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An unexpected event with negative consequences occurring without the intention of the one suffering the consequences, and (in the strict sense) not directly caused by humans. | An unexpected event with negative consequences occurring without the intention of the one suffering the consequences, and (in the strict sense) not directly caused by humans. | casus; such unforeseen, extraordinary, extraneous interference as is out of the range of ordinary calculation. | A collision or crash of a vehicle, aircraft, or other form of transportation that causes damage to the transportation involved; and sometimes injury or death to the transportation's occupants or bystanders in close proximity. (but see Usage notes) | Any chance event. | Chance; random chance. | Any property, fact, or relation that is the result of chance or is nonessential or nonsubstantive. | Any property, fact, or relation that is the result of chance or is nonessential or nonsubstantive. | A property attached to a word, but not essential to it, such as gender, number, or case. | An instance of incontinence. | An instance of incontinence. | Urine or feces excreted due to incontinence. | An unintended pregnancy. | An unintended pregnancy. | A person born from an unintended pregnancy. | An irregular surface feature with no apparent cause. | A sudden discontinuity of ground such as fault of great thickness, bed or lentil of unstable ground. | A point or mark which may be retained or omitted in a coat of arms.
accidentadj
Wiktionary (English) • 2026
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Designating any form of transportation involved in an accident.
Accidentname
Wiktionary (English) • 2026
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A town in Garrett County, Maryland, United States.

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