Often, we deal with clients who have suffered serious injuries from low speed auto accidents. Generally, insurance adjusters look at these so-called “soft tissue” injuries as non-existent or evidence of a person just trying to scam the legal system for money. These insurance adjusters are trained to believe that people can only be seriously hurt in moderate or high-speed auto accidents. The philosophy is that a person cannot be injured if there is no damage to the auto in which they were a passenger, and a low speed accident causes little to no damage to the vehicle.

Since the mid-1990’s, at least one U.S. auto insurer has directed their claims adjusters that injury claims resulting from motor vehicle crashes with less than $1,000 in vehicle property damages “cannot cause significant or permanent injury,” and should “be handled as a fraudulent claim,” regardless of evidence of injury. (Medical Science Monitor, October 2005).

In October 1972, Congress enacted the Motor Vehicle Information and Cost Saving Act (MVICS Act) which mandated that the National Highway Transportation Safety Administration issue a bumper standard that “yields the maximum feasible reduction of costs to the public, taking into account the cost and benefits of implementation, the standard’s effect on insurance costs and legal fees, savings in consumer time and inconvenience, and health and safety considerations.” In other words, the bumper is to protect against damage and to do so in a cost effective manner. Modern cars and trucks are built with rear bumpers designed not to show any damage (ie., don’t need to be replaced) below 5 mph when involved a collision like backing into a utility pole or wall. When you hit a stationary object like a pole or a wall, it does not move or absorb energy. Another vehicle, however, does move and absorb energy. In a “vehicle to vehicle” crash it is estimated that the minimum speed to cause visible damage is approximately 15 mph. A collision at less than 15 mph may not visibly damage the auto (again, no need for the bumper to be replaced), but it can cause great injuries to the people inside.

All reasonable people would expect injuries from a high speed auto accident. The same forces are also present in low speed auto accidents. Today’s larger trucks and SUV’s weigh approximately 6,000 pounds. While there may not be any visible damage to the car, a collision at 10 miles per hour (low speed auto accidents) will result in an average impact force of about 10 tons; this is a significant blow to an occupant’s neck and back.

A close look at the medical and scientific evidence shows that there is no identified minimum speed for injuries to occur in auto accidents. The scientific evidence shows that low speed auto accidents can affect the soft tissues in a person’s neck or back. Often referred to as a sprain or “whiplash”, these soft tissue injuries include damage to the ligaments, tendons, and muscles. A sprain produces a partial or complete tear of these tissues. The elderly and the out of shape, two classes of individuals who may have preexisting neck and back injuries, are more susceptible to being injured at low speeds. Even a healthy individual, however, can suffer soft tissue injuries in a low speed auto accident.

Several factors are involved in causing a soft tissue injury to occur in a low speed auto accident. The occupant’s position in the car, the use of head restraints, or whether the occupant’s head was rotated, all affect the extent of an injury. Low speed auto accidents typically occur in a rear end collision. When your car is hit from behind, the occupant’s neck and back are first thrown backward and then forward, forcing the body to stretch unnaturally.

Many automobile accidents are low impact, or under 10 miles per hour and cause only minor property damage. In a sizable number of these cases, however, the occupants may complain of various injuries from neck and back strains to more serious spinal or joint problems. The auto accident attorneys at Kennedy, Kennedy, Robbins & Yarbro, LC, represent individuals who experience symptoms of whiplash following an auto accident or truck accident. Whiplash can range from mild to severe, and can cause permanent injury. Symptoms of whiplash include: headaches, neck pain and stiffness, shoulder pain and stiffness, dizziness, fatigue, jaw pain, arm pain, arm weakness, visual disturbances, ringing in the ears and back pain. You should seek medical attention promptly after an accident to have the true extent of your injuries diagnosed. Do not take your pain lightly. Today’s diagnostic tools (imaging devices like CT Scans, MRIs, and Ultrasound), allow medical professionals to quickly identify and treat whiplash.

We try cases for clients who are injured in low speed auto accidents. If you have suffered soft tissue or whiplash injuries as a result of an auto accident, it’s important to hold the negligent party responsible for your losses. Contact us today to discuss your case.