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How Fast Do You Have To Go To Cause A Whiplash Injury To Another Driver?

A judge at Bolton County Court has thrown a case out of court, in which three scaffolders launched personal injury claims after being involved in a collision that took place at around 2mph. While the judge is being hailed as a hero for saving the taxpayer money, was his decision to not take the case any further an informed one?

The scaffolders involved claimed that a council van rear impacted their lorry at a speed sufficient to cause whiplash in each of them. As a result, the three men launched personal injury whiplash claims against the council, totalling £3,700. In addition, the company claimed that the cost of repairs to their lorry was £6,430 - including compensation for its ‘loss of use’. Further to these costs, the company submitted a claim for over £50,000 worth of legal fees.

Scrutinising the allegations

After consulting with two expert witnesses, the judge refuted the claims, saving the taxpayer around £70,000 in compensation payouts. A spokesman for Wigan County Council said that; “local authorities across the country are facing an increasing number of claims from people who say they were injured in low speed impacts, but this council is determined to scrutinise all allegations in order to protect public funds”.

However, is it possible that whiplash injuries can be sustained at such a low speed? Whiplash is caused by the vertebrae of the neck and spine and the surrounding soft tissue being extended beyond their normal range of motion. This can result in the stretching, straining and tearing of muscles and tendons and give rise to a variety of symptoms, ranging from mild neck pain and headaches to loss of mobility in the arms and vertigo-like symptoms. These symptoms are usually manifest within hours of the impact, although they can take days to make themselves known.

Part of the problem for insurance claims is that there are often no physical signs from which to make a diagnosis. Medical professionals have to rely on the testimonies of victims, making the condition one of the most widely abused by the unscrupulous. However, recent research by the Wilhelm’s University in Munster, Germany has thrown up some results that may help in cases such as these.

Testing the numbers

Fourteen male and five female volunteers participated in 17 rear end collisions and three bumper car collisions. These were conducted at speeds between 6.2mph and 9.3mph. Each of the participants went through a clinical evaluation before, one day after and one month after the collisions, to see how they had been affected. During each test and for each clinical assessment, the tension of the neck muscles was measured, using electromyography and MRI scans. The results found that only one participant suffered any discomfort: a loss of rotation of the spine to the left by 10 degrees. Other than that, the participant suffered no ill effects.

While it is doubtless possible to sustain an injury from a low impact collision, it seems that, in order to sustain whiplash, the speeds must be slightly higher. So in the Bolton case it seems that the judge was right to dismiss the claim, although because of the subjective nature of whiplash injuries, it wouldn’t be wise to base an entire reform of the current legislation on the basis of one study, or on one judge’s opinion.

You Need To Know More Vital Information About Whiplash?

For more vital information that you really should know please download our free Essential Guide To Whiplash. It will tell you:

What "No Win No Fee" really means and how to ensure you do not get caught out
Whether a Claims Company or a Solicitor is the right choice for you
What does it mean if you have Legal Expense Insurance (and do you have to use the solicitor that they tell you too if you do not want to)?
How to obtain private treatment for your injuries at no cost to you
How to quickly obtain a replacement car or motorcycle if you need to
Why accepting an offer directly from the other driver's insurance company could cost you thousands of pounds and lead to longterm injury problems

There is no cost so please complete your details below now and we will immediately send you the guide.

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