Insurance adjusters might try to argue that your injuries resulted from another incident or as a pre-existing condition.
Even seemingly minor low-impact accidents can cause significant injuries, including life-threatening or fatal injuries. However, it can be difficult to prove that a low-impact accident caused these injuries, especially if there’s minimal vehicle damage.
If a negligent party caused a car accident and resulting injuries, you may be able to recover compensation with the help of the Chicago car accident attorneys at Ankin Law. Call us at 312-600-0000 to schedule a free consultation.
What Is a Low-Impact Car Accident?
These car accidents occur at lower speeds than high-impact collisions, often involving vehicles traveling at speeds of 15 miles per hour or slower. Some of the most common types of car accidents with low impact are rear-end collisions, which are frequently minor but still account for 17% of all deaths from vehicle-to-vehicle collisions.
Other types of low-impact collisions could involve fender benders and crashes in parking lots, residential streets, or other areas where vehicles tend to move at slower speeds.
How Low-Impact Collisions Can Lead to Serious Injuries
Can minor crashes cause serious injuries? Depending on the circumstances, they can. Although many low-impact crashes don’t result in much more than minor vehicle damage, even collisions that don’t cause much superficial damage could contribute to extensive injuries.
For example, the sudden jerking motion the body goes through in a rear-end accident could still cause injuries beyond whiplash, possibly leading to cervical injuries. As the head and neck move forward and backward, they often do so at speeds faster than the struck vehicle.
Injuries may even appear minor following a low-impact crash, with seemingly minimal symptoms. Despite this, underlying conditions may become more serious over time, which is why it’s important to seek medical treatment from a professional as soon as possible after these accidents.
People outside a vehicle could also suffer serious injuries from vehicle impact at low speeds, with accidents at 15 mph or lower being sufficient to cause significant or deadly injuries to pedestrians.
Common Medical Issues After a Minor Car Accident
There are multiple types of low impact car accident injuries that can develop, such as:
Whiplash
This is one of the most common accident injuries that people sustain, especially in rear-end and other low-impact crashes. This injury occurs when the impact of one vehicle hitting another causes the occupants’ heads and necks to abruptly and violently move back and forth. When severe enough, whiplash can cause head and neck injuries, or even traumatic brain injuries (TBIs) as the brain moves rapidly within the skull.
Concussions
Some low-impact accidents could cause concussions, either by the sudden jerking of a whiplash injury or direct impact to the head, such as hitting a window or the steering wheel in an accident.
Neck Injuries
Whiplash and direct blows could also cause injuries to the neck, including those affecting the vertebrae in the neck. Herniated discs or even broken bones could lead to lifelong paralysis or even death.
Fractures and Broken Bones
Low-impact car accidents may cause fractures and broken bones, especially if there is direct impact to certain body parts.
Proving Liability and Injury in Low-Impact Accident Cases
Because of the nature of these accidents, it can be more challenging to prove that injuries resulted from the accident. Insurance companies are more likely to believe that accident victims are exaggerating regarding their injuries if there is little damage to either vehicle involved, or they may argue that the injury resulted from a pre-existing condition.
You will need plenty of evidence to help prove that another party was liable and caused your injuries in these accidents.
Some crucial pieces of evidence in car accident claims include:
- Medical records showing the nature of injuries sustained
- Police reports that could corroborate your claim
- Witness statements from people who could confirm your version of events
- Footage of the accident scene and any injuries and property damage
- Physical evidence such as damaged belongings
Gathering as much evidence as possible could help bolster your claim and increase your chances of recovering total compensation from liable drivers or other parties.
When to Call a Personal Injury Lawyer for a Low-Speed Crash
When injuries result from a low-impact accident, seeking compensation through an insurance claim in Chicago can be challenging. To maximize your chances of succeeding with a case, it’s important to have an experienced car accident lawyer by your side.
Discussing your case with an attorney in a free consultation could help you determine what legal options are available to you. If the attorney decides to provide representation, he or she may be able to assist with the following critical aspects of your case:
Determining Liability
You might wonder who pays for injuries in a car accident. A lawyer could help identify all liable parties who might be responsible for paying compensation through their insurers.
There are many parties that could be responsible for a low-impact accident and injuries, such as drivers, pedestrians, trucking companies, vehicle or part manufacturers, municipalities, and mechanics, among others.
Collecting Evidence
To prove liability and the cause of your injuries, you will need ample evidence to strengthen your claim. An attorney could help ensure that you have all the evidence required for your case, from medical bills and records to police reports and video evidence.
Calculating the Settlement Amount
Another reason to hire a personal injury lawyer for car accidents is to identify and quantify all the damages to count them toward a settlement. There are multiple types of damages for which accident victims may receive compensation, including economic, non-economic, punitive, or wrongful death damages.
Economic damages cover the financial losses resulting from the accident, including lost wages, medical expenses, and physical therapy following the accident. Non-economic damages apply to the personal experience of victims, referring to pain and suffering, loss of enjoyment of life, disfigurement, and other less tangible losses.
If a victim dies because of his or her injuries, the victim’s family may be able to seek wrongful death damages, which would cover the above economic and non-economic damages along with damages resulting from the person’s death, from burial expenses to loss of future income.
In rare instances, punitive damages may also apply to an accident case. Only a judge or jury can award these damages in court, and they will only come into play if you can prove that the liable party exhibited gross negligence or malicious intent to cause the accident and your injuries, such as speeding excessively or driving while intoxicated and blatantly ignoring the rules of the road. These damages would then serve to punish the defendant for egregious acts.
Negotiating With Insurers
An attorney with experience handling low-impact car accident cases could also assist with the claims process when going through insurance companies to recover compensation. Insurers may seem like they are on your side and willing to help you get total compensation, but they will likely work hard to either reduce your claim or deny it altogether. It can be particularly difficult to negotiate for full compensation in cases involving low-impact accidents where little vehicle damage has occurred.
Insurance adjusters might try to argue that your injuries resulted from another incident or as a pre-existing condition. For example, an insurer might claim that an existing medical condition made you more vulnerable to injury when the injury would not have developed otherwise.
Also, insurers often make initial offers that are far below the case’s actual value. Accepting this offer could prevent you from getting the compensation you truly need.
Having an attorney walk you through this process could make it much smoother, helping you continually negotiate the claim until you get total compensation for your injuries and other damages.
Taking the Case to Court
If insurance negotiations aren’t sufficient in getting compensation, your attorney could decide to go to trial and file a lawsuit. The legal process is considerably more complex than negotiations with insurers, especially when there is more at stake, like punitive damages for gross negligence. You will need to strengthen your case as much as you can with plenty of evidence and make a sound argument in your favor. An attorney with trial experience could help you navigate this process while you focus on medical recovery.
Get in Touch With a Chicago Car Accident Attorney Today
If you or a loved one sustains injuries in a low-impact car accident, it’s critical to connect with the right lawyer to provide representation as needed. A personal injury lawyer can sit with you in a free consultation to discuss a possible case and determine how to proceed.
When looking for a reliable and experienced lawyer, turn to the legal team at Ankin Law. We may be able to represent you in a low-impact car accident claim. Contact us today to schedule your free consultation.
Join the conversation!