Yes, rarely there is a true accident that would warrant no punishment. However, in the scheme of things these are a very small portion of car crashes causing damage or death. Take a look at your news and watch how many crazy "accidents" go unprosecuted and you'll get a feel for where I'm coming from.
A couple of times a week in my area we get crazy stories like a lady driving on the sidewalk because she was having a bad day, a driver falling asleep and slamming into a police car, etc. These accidents go unprosecuted. Why? Are they not caused by negligence? Well, yes they are, but they don't involve alcohol so they are just normal "accidents."
Hitting a deer would be one of the rare accidents. Some weather conditions would also warrant being classified as accidents.
If prosecution of negligence was more aggressive, my bet is that insurance rates would go down.
Absolutely. A tiny fraction are caused by true accidents, like a driver having a heart attack, causing a collision. However, his insurance company will no doubt be sued for damages.
If prosecution of negligence was more aggressive, my bet is our society will become a true police state. When will speeding become 'attempted manslaughter'? Roughly 60% of drivers break the speed limit on a regular basis. All you need is a person to ride their bike out in front of one of them and 60% of America will be behind bars for negligent driving.
It happened to a resident here 3 years ago and she got 1 year in prison. The byciclist had no reflectors, was wearing dark colored clothing and was riding his bike on the highway at night. The lady that hit him, did not see him, but was cited for driving too fast for conditions and recieved 1 year for manslaughter. So are you ready to start procecuting every speeder out there?
Always trying to find negligence is the liberal way of thinking. It's already to the point that when someone trips over a branch and breaks their arm, they want to sue the one who planted the tree, sue the one responsible for cleaning the area, and sue the one that owns the property the tree is on.
If you want vehicle insurance rates to go down, try having a more extensive training program for driver's licenses rather than putting all of America in prison for mistakes.