There is a thin line between a case of "accident" and that of "negligence". one is often mistaken for the other. According to Section 24 of the Criminal Code Act:

" Subject to the express provisions of this code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission, which occurs independently of the exercise of his will or for an event which occurs by accident"

The above section is saying that a person cannot be held criminally liable for any injury caused by him to another person by accident, except where their is an element of negligence in his act. You cannot claim compensation from someone, for an injury that occurred simply by accident. The question now is when will an incident that caused injury be tagged as an accident and when will it be attributed to the negligence of another person.

Accident is an unforeseen happening that occurs unintentionally and results in “harm, injury, damage or loss. These involves incidents that happen that are beyond anyone control. WHEREAS
Negligence is a lack of “ordinary care” or “skill” in the “management of person or property” that caused injury or harm to another person. This means, even though you never intent to injure anyone , but does an act which a reasonable man ought to know would result to the injury of another.

When you cause an injury to another person or damage another person's vehicle while driving. It might be seen as an accident by a layman, because there was no element of intention. But if there is a compelling evidence that you were on phone call as at the time ; that you have a faulty brake; that you have no drivers license; that you were painting your nails e.t.c , you will be held liable for negligence. This is because you ought to have foreseen the likely outcome of your act or omission, but yet you carried on recklessly. You did not act carefully like a reasonable man .

In a situation , where you spit out of the window and it landed on someone outside, you can't claim accident. The law expect that a reasonable man would first look out of the window to ensure no one was out before spitting. You acted negligently and recklessly, and can't be protected by law.

In any circumstances involving risk, it is important to remember that the key test is that you assess and act in a reasonable manner. The greater the risk of injury, especially serious injury, the more the law expects from you as a duty to plan and guard against danger. You own a duty of care to you neighbor.

In today’s society, many people think that it is possible to sue for compensation whenever an injury occurs, that windfall damages are dished out automatically by the courts, things don't work like that. Whether there is legal liability for any injury-causing incident is based upon the facts surrounding a case. This is why it is important to consult and retain a personal injury lawyer to determine if your injury was “accidental” or due
to “negligence".

nice one