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Does Vehicle Speed Matter In Whiplash Injury Claims?
A whiplash injury is mostly caused by a sudden impact of a motor vehicle. In many cases, vehicle speed is not high, but can still inflict considerable injury. You can claim whiplash compensation if the injury has happened because of the fault of the other driver.
Does Speed Matter?
You can sustain whiplash injuries whether the car was coming at a speed of 60 miles per hour or if it was a mere 10 miles per hour. It is caused by a moderate to severe jolt that can cause neck injury. Whiplash injury claims pay great attention to speed of the car when it hit you because it can lead to stronger arguments in the court. In the United Kingdom, county courts hear personal injury claims. These claims essentially include whiplash as a core part of litigation.
Using injuries caused in sport for example, the closing speed on the two bodies can be as little as 5 miles per hour. If the victim wasn’t ready, wasn’t expecting, or was in the wrong position, injury can occur.
In the case of vehicles, add two or more tonnes of metal into the equation and speed takes a more defining role. While debilitating whiplash injuries can occur at lower speeds, the heavier the impact, the heavier the injury.
Importance of Medical Reports
Medical reports play an important role in whiplash injury claims. County courts cross-examine the medical reports to find the real cause of injury. It is always recommended that you seek immediate medical attention after suffering a whiplash injury. This will help you to receive medical treatment with little chances of developing complications.
Medical reports also come in handy in courts when solicitors examine them and the judge studies them to find the real cause of injury. Injuries sustained during the impact are corresponded with the nature of impact, speed of the vehicle, and your position on the road, curb side, or parking lot.
The speed of the vehicles can have a bearing on the injuries sustained, although it isn’t always relevant. The closing speeds can be slow, but if it catches you wrong, or the body was in an awkward position, the injury sustained can far outweigh the collision.
Anything that causes your head to go in a different direction to your body has a chance to cause whiplash injuries, however hard that impact was. Speed is a factor in medical reports as it is often used to explain the seriousness of the injuries.
There is another point at which speed is an issue, and that is during the trial. The question can sometimes arise in low speed collisions why the parties didn’t notice each other before impact. While it doesn’t always make a difference to the injury, it can often be viewed negatively if negligence is being inferred. If the impact was from behind then the victim is often spared this kind of questioning, but if the impact was from elsewhere, it is bound to arise during cross-examination if it goes to trial.
