Why Minimal Vehicle Damage Is a Poor Indicator of Injuries in a Rear End Collision


March 03, 2014

While rear impact crashes often ease the challenge of proving fault in relationship to a motor vehicle collision, these cases offer a unique set of challenges because insurance carriers often refer to these collisions as "rear-enders," "low impact collisions," or "fender benders." The use of these types of terms are part of the typical insurance company strategy in such cases, aimed at minimizing the settlement or verdict paid out to an injury victim.

When a driver slams into another vehicle from behind, he typically will be at-fault because drivers have a legal duty to allow a safe following distance. This means that motorists are supposed to follow far enough behind another vehicle so that the driver can engage in appropriate evasive maneuvers or brake to avoid rear-ending the vehicle that the driver is following. These accidents often occur at fairly low rates of speed if the collision occurs in stop-and-go traffic. However, these collisions also can happen at high rates of speed, such as when a driver that is traveling the speed limit fails to notice that the driver ahead has stopped to allow a pedestrian to cross in the middle of a block, or a car stops on the freeway because the vehicle immediately ahead has stalled.

Although a rear impact collision at a high rate of speed can result in devastating injuries especially, when there is a significant weight disparity between the vehicles, the notion promoted by insurance companies that low speed collisions preclude serious injury is misleading. While the notion that there is a relationship between vehicle damage and injury to the human body is false, insurance companies routinely employ this argument to lowball accident victims who are not represented by an attorney. Many people never stop to consider how ludicrous it is to compare the effect of a collision on something made of metal, glass and plastic to the soft tissue and bones of the human body. Nonetheless, insurance adjusters and insurance defense lawyers across Georgia and the U.S. routinely argue that major injuries could not have occurred in a rear impact collision because no significant vehicle damage occurred.

Because our Atlanta Rear End Accident Attorneys understand that vehicle damage is not a reliable indicator of the severity of injury suffered in a collision, we are well equipped to persuasivelly counter these arguments, and we also work with medical experts, and in some cases accident reconstruction expers and others, so that we can build a compelling position for our clients based on the law and facts.

Put Our Law Firm's Over 30 Years Experience to Work For Your Injury Claim

If you are injured in a rear impact collision, you may be entitled to financial compensation for your injuries, even if your vehicle suffers minimal or no damage. Our Georgia personal injury attorneys at Montlick and Associates have been representing injury victims for over thirty years throughout all of Georgia and the Southeast, including all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.