Well, I am not offended, but I am a cop, not a lawyer. I do understand what you mean by the meanings of words, and I agree that in many cases, it is very important to be precise. Some of my pet peeves include the improper use of terms that do have specific meanings (I really hate hearing about houses being robbed).austinrealtor wrote:Steve, it is my understanding you are an attorney, correct? If you're not, please do not take offense at me labeling you as such I am a former journalist, so words are important to me. And the precise meaning of each word is extremely important in a legal sense, correct?
Well, the words accidental and negligent are simply not synonymous (see links below to definitions and synonyms). As such, they connote two distinctly different meanings. The term auto accident is no more correct that gun accident. While some form of imprecise popular understanding that the term "accident" could imply negligence may be true, it still does not mean the same thing as "negligent". The term "accident" does not imply blame of any kind - only intent ... a synonym for "accidental" is "unintentional". The term "negligent" can also imply intent (or lack thereof), but it goes further and assigns blame and even the cause of that blame "carelessness".
And I can understand how this could grate on someone's nerves if they believe the two terms are so different as for one to be incorrect. I do not agree that the two terms are so different, because negligent assigns blame but it clearly also says there was no intent. Maybe because of my background, but I think most people do not connote a lack of blame with the term accident. Too many people will apologize after saying something was an accident for this to be true. Anyone who has been driving for more than the past ten years also understands that all accidents are still caused by negligence.
But even if I am wrong (and I am somewhat surprised that the two thesaurus entries did not include each other based on how far out they usually get), there is also another factor to consider.
Communication is the key. In a courtroom, I would never say a house was robbed, I would use the proper term burglarized. But we are not in a forum that requires precise terms. Here, communication is complete when both the reader and the poster understand the concept being transmitted. And we all do understand this, no matter which term is used. So, if we both understand what is being said, why insist on the proper term so much? In a class room situation, definitely do so. In a courtroom, do so. But when friends are just talking,we all misuse terms or have different terms for the same thing. As long as we understand each other, we can just let the term stand.