Vehicle Accidents: Low Speed May Not Mean Low Impact

An accident that may be a “fender bender” for your vehicle may do much more painful and long-lasting damage to your body. Negligent drivers find their victims as they are, and sometimes they’re more susceptible to significant injuries when there’s relatively little force involved in an accident.

Painful, long-lasting injuries occurring in what others may see as a “minor” accident are the types of cases that Satterley & Kelley, PLLC attorneys take. If you’re in this situation, learn more by calling our Louisville office at (855) 385-9532.

What is a Low-Speed Accident?

A low-speed, or low-impact, accident is generally defined as a collision occurring at 10 miles per hour or less, but there is no hard and fast rule or definition. These are common collisions that happen in parking lots, at intersections, in traffic jams, and in residential neighborhoods. They often are rear-end impacts at red lights, sideswipe collisions while changing lanes at low speed, and slow-rolling contact between vehicles and pedestrians or cyclists.

Because these crashes often leave little visible damage to the vehicles involved, they are frequently labeled as minor accidents. Property damage may be in the hundreds of dollars (perhaps less than your insurance deductible). If you have an older vehicle, you may not bother getting this kind of cosmetic damage fixed.

But vehicle damage and human injury are two very different things, and one is a very poor predictor of the other. The force that puts a dent in a fender may do serious harm to soft tissue or a joint, especially if the person is already facing health challenges or is more frail due to advanced age.

What Injuries Can Low Speed Accidents Cause?

How well a human body absorbs force without severe injury varies widely depending on many factors. The angle of the force, the person’s position, whether they’re wearing a seat belt, pre-existing conditions, and overall health can play a role. Changing one or two factors can be the difference between walking away from an accident unhurt and needing hospital care.

Here are some injuries that may occur in a low-speed crash:

Whiplash and cervical spine injuries are common consequences of low-speed rear-end impacts. The sudden snapping of the head and neck can strain or tear muscles, tendons, and ligaments, damage cervical discs, and injure spinal nerves. Whiplash may be dismissed as trivial, but for many victims, it becomes a source of chronic pain, headaches, limited mobility, and difficulties that persist for years
Herniated and bulging spinal cord discs frequently result from the forces generated in low-speed collisions. A disc that herniates in the neck or lower back can press on spinal nerve roots, causing weakness, pain, numbness, and in severe cases, loss of bladder or bowel control
Traumatic brain injury (TBI) can occur without a direct blow to the head. The rapid acceleration and deceleration during a low-speed crash may cause the brain to shift inside the skull and strike its skull’s interior. Concussions, post-concussion syndrome, and more serious forms of TBI can result from low-speed accidents
Soft tissue injuries in the shoulders, upper back, and knees are common. They may not show up on a standard X-ray, making them vulnerable to insurers minimizing their value. But torn rotator cuffs, damaged knee cartilage, and strained lumbar muscles can cause significant disability
Fractured bones, particularly in the wrists, clavicle, and ribs, can happen when vehicle occupants brace themselves against the impact or when airbags deploy after the collision

You may suffer from more than one of these injuries in a low-speed crash.

Pedestrians, bicyclists, and motorcyclists may suffer from more serious injuries at lower speeds because they not only strike the vehicle but can be thrown onto the pavement or into another object like a curb, telephone pole, or another vehicle.

Why Would a Low-Speed Crash Cause Serious Harm?

In a higher-speed collision, a vehicle’s crumple zones become crushed and absorb a large portion of the accident’s energy before it reaches the occupants. At lower speeds, modern bumper systems may absorb little or no energy, so the force is transmitted into the vehicle’s occupants. They may bear the brunt of the crash.

If this force is experienced by the cervical spine, for example, in a low-speed rear-end collision, it can cause injuries, even if the vehicles show little damage. Vehicle stiffness, seat design, headrest position, the direction the occupant was facing at the moment of impact, and the angle of impact all influence how the force of an accident is distributed throughout the body.

This is similar to slip-and-fall injuries. Depending on your overall health, how you fall, and what you fall onto, you need not fall off a ladder or scaffold to suffer severe injuries.

Who is at Greater Risk in Low-Speed Accidents?

Not everyone in a low-speed collision will suffer serious injuries. Some face higher risks due to factors beyond their control.

Elderly individuals are particularly vulnerable. As we age, our bones become more brittle, our spinal discs lose hydration and flexibility, our muscles weaken, and our capacity to recover from trauma decreases. A low-speed collision that a healthy 30-year-old might walk away from with only soreness can cause fractures, severe disc herniation, or significant neurological injury in an older person
People with pre-existing injuries or disabilities also face serious risks. Prior neck or back conditions, like degenerative disc disease, prior surgeries, arthritis, or past injuries, may all be significantly aggravated by a low-speed collision force. A negligent driver is responsible for the harm they cause, including aggravating pre-existing conditions. If your chronic pain was a two out of ten before the accident, but a six afterward, the at-fault driver’s insurer may be responsible for compensating you for the increase from two to six

If you or a loved one has a pre-existing condition, that doesn’t disqualify you from compensation if it became worse in an accident.

What Legal and Insurance Challenges Do Plaintiffs on Low-Speed Accidents Face?

Your claim may face resistance from an insurer who may not find your particular claim, or low-speed accident injuries in general, credible. Issues that may come up include the following:

Insurance companies use minimal vehicle damage against you. A “low damage, low injury” argument may be tried, but if your medical evidence is strong enough, it shouldn’t carry the day
Many soft tissue and neurological injuries from low-speed crashes may not become apparent for hours, days, or even weeks after the crash. Insurance adjusters may use this delay to claim your injuries have a different cause or that you’re making them up. It’s important to be evaluated by a physician after an accident, even if you don’t feel injured. Thorough documentation of your symptoms and a prompt medical evaluation can help your case. An exam may reveal signs of injuries before you feel them
Imaging studies may appear normal. Standard X-rays and MRIs may fail to capture soft tissue injuries that are real and disabling. Defense attorneys could use this to argue that your injuries are exaggerated or fabricated. We work with medical specialists and diagnostic tools that can create complete and accurate evidence of your injuries
Because your accident “looks minor,” an insurance company may make an initial settlement offer that’s a fraction of what your claim is worth. If you handle your case without our help and accept the offer, it will prevent you from obtaining additional compensation later

Suffering injuries in a low-speed accident can result in having a tougher time with an insurer, but Satterley & Kelley, PLLC attorneys have the knowledge and experience to help you make the most of your claim.

Speak With a Lawyer Ready, Willing, and Able to Help

Satterley & Kelley, PLLC attorneys have decades of experience handling vehicle accident claims. We can discuss your injuries, how Kentucky law may apply, and how we can help. Contact our law offices online or by telephone at 855-385-9532.