If you bring a car accident claim, you may hear the phrase the low impact defense. The low impact defense is common in car accident claims. The argument is that the accident was too minor to cause serious physical injuries.
Las Vegas Car Accident Attorneys – Low Impact Accident Lawyers
Our Las Vegas car accident lawyers know that even a minor accident can cause physical injuries. If you’ve been hurt in a car accident claim, it’s important to understand what the low impact defense is. You must know how to respond to the low impact defense to win the compensation that you deserve. Here’s what you need to know about the low impact defense from our Las Vegas car accident attorneys.
What Is the Low Impact Defense?
The low impact defense is a car accident defense that challenges causation and the amount of damages. It’s a defense that claims that the speed of the impact in a car accident isn’t severe enough to cause common car accident injuries.
The low impact defense is a type of defense that’s common in a car accident claim. When a defendant uses the low impact defense, they’re claiming that the car accident is too minor to cause serious harm.
Fighting the Low Impact Defense
The low impact defense is a way to challenge the elements of a car accident claim. To win a car accident claim, the victim has to prove four things:
- Duty of the driver to be safe
- Breach of duty — the driver wasn’t reasonably careful
- Causation — the link between the accident and damages
- Damages — injuries and losses
In the case of the low impact defense, the defendant is fighting the last two elements of the case — causation and damages. They’re trying to argue that the accident didn’t cause the damages. They’re also trying to argue that the losses aren’t as significant as the victim is claiming.
To fight against the low impact defense, you need to gather substantial evidence to refute the defense’s claims. Some of the evidence can be your own testimony. You can speak about your personal injuries. In addition, your treating physicians can also testify to the nature of your injuries.
However, it may be necessary to hire an expert witness. The witness is a skilled professional who can apply their expertise to examine the accident. They can explain to the jury how the accident produced your injuries.
Nevada has rules for how a person qualifies to be an expert. There are rules for what foundation you need to present in court to admit expert testimony. Although a defendant is not required to have an expert to present the low impact defense, an expert witness is often a necessity to respond to the defense appropriately. Your expert can help the jury understand how the accident resulted in your injuries.
Can You Get Hurt in a Low Impact Car Accident?
Yes, you can get hurt in a low impact car accident. Even though a low impact car accident may happen at lower speeds than other car accidents, it can still cause serious injuries. All motor vehicles are heavy. The speed of both cars, the size of the vehicle, and the angle of impact can all influence whether you get hurt in a low impact car accident. A motor vehicle is capable of causing physical injuries even when the crash occurs at a relatively low speed.
Can You Get Whiplash From Low Impact Collision?
Yes, you can get whiplash from a low impact collision. In fact, whiplash is a common injury for low impact collisions. Whiplash can occur any time the head and shoulders suffer trauma. If the trauma is more than the neck and shoulders can sustain, an injury can occur.
Because even a low impact collision thrusts the head and shoulders in a fast, jerking motion, whiplash can result. Whiplash and other soft tissue injuries can occur in any kind of crash, including a low impact collision.
What Is the Lowest Speed at Which Body Injuries Are Likely to Be Sustained in a Crash?
The lowest speed at which body injuries are likely to be sustained in a crash is 5 miles per hour. If an accident occurs at a fast enough speed to cause damage to a vehicle, it’s fast enough to cause bodily injuries. Whiplash is a common injury that occurs in low-speed car crashes. Several factors determine injuries in an accident, including the angle at which the accident occurs and the type of vehicles involved. Any car crash can cause physical injuries.
Lack of Relationship Between Vehicle Damage and Occupant Injury
The lack of relationship between vehicle damage and occupant injury is a common issue in car accident claims. The defendant may try to fight the claim on the grounds that the accident wasn’t significant. They may try to say that the damages were so minor that the accident could not have caused significant injuries.
However, there is often a lack of relationship between vehicle damage and occupant injury. A crash with seemingly minor damage may cause significant injuries. It’s important to appreciate all of the different things that affect the injuries that result from a car accident. Property damage and bodily injury don’t necessarily go hand in hand.
Factors That Impact the Injuries in a Car Accident
Here are some of the factors that impact the injuries that victims sustain in a car accident:
- Models of vehicles involved
- The angle of the crash
- The speed of the collision
- Physical characteristics of the victim
- Procurement of emergency and follow-up medical care
- Use of seatbelts and airbags
- Conditions of the road at the time of the crash
Each car accident is unique. Don’t make assumptions about injuries based on what may have happened in another case or based on the speed of a vehicle alone. Ultimately, even if the accident occurs at a low speed, the victims still deserve compensation for their injuries whatever they may be.
Contact Our Attorneys for Car Accidents
Have you been hurt in a car accident? Do you need to fight the low impact defense? Our professionals can help. Contact the experienced car accident attorneys at Adam S. Kutner & Associates for your free and confidential consultation.