Whiplash – It’s time to take it seriously

Let’s be clear from the outset, whiplash is a serious injury and can result in long-term damage and lessen the quality of an individual’s life if left untreated.  It has often had the reputation as the type of personal injury claim unscrupulous people use as a vehicle to defraud insurers. However, according to an independent survey of 4000 respondents conducted by the Association of Personal Injury Lawyers (APIL) in 2012:

• Up to 40% of those who suffer from whiplash never claim for compensation
• In the previous 12 months whiplash claims had fallen by 24,000
• Almost 90% of claimants were diagnosed with whiplash by a medical professional
• Far from being an epidemic, only 1 in 100 individuals suffered from whiplash in the preceding 12 months of the survey being conducted
• 80% of suffers either report their symptoms accurately, or underplay them
• Just under 30% of claims were encouraged by the victim’s insurance company

What is whiplash?

Whiplash, or neck strain, is caused when a sudden, violent movement or impact causes your head to jerk forward, backwards, or sideways, beyond its normal range of movement.  The strain can take several months to heal. The muscles and tendons in the neck stretch and tear causing various symptoms such as:

• Neck pain and stiffness
• Headaches
• Pain when moving the neck
• Back pain
• Pins and needles in your arms and legs
• Dizziness
• Tiredness
• Blurred vision
• Vertigo

Occasionally whiplash can result in a chronic, long-term condition and can lead to anxiety and depression.

Treatment for neck strain includes medication, physiotherapy and keeping your neck mobile.

What causes whiplash?

A common cause of whiplash is being involved in a motor vehicle accident, especially a rear-end collision as the impact throws your head forward with great force and then snaps it backwards.

Whiplash can also be caused by a sudden blow to the head (for example while participating in a contact sport), or by a slip or fall.

Recovery from whiplash

The majority of victims make a full recovery from whiplash within six months. However, around 10% of victims suffer ongoing, chronic pain associated with their injury, and half of those people are unable to work or enjoy a reasonable quality of life.  The reason for this is often as mystifying to the medical professionals as it is to the patients.

Studies have been conducted in Australia which illustrate that in approximately 50% of chronic whiplash cases, the pain originates from specific nerves inside the neck.  By deadening these nerves permanently the pain can be eradicated.

Rehabilitation instead of compensation?

There has been a recent call for a debate about compensating whiplash victims financially.  It has been suggested that claimants should receive rehabilitation instead of cash settlements. However, the idea has received lukewarm response from insurers.  Instead it has been suggested that the rules for compensation claims should be tightened by methods such as restricting the time limit a person has to lodge a claim.

This would discourage the small number of fraudulent claimants and allow solicitors and insurers to concentrate on supporting the people who have genuine cause to seek a financial settlement for their injury.

If you have received a neck strain injury and are unsure as to whether you are entitled to compensation, visit our dedicated page or contact us today on 0333 400 4445 or fill in our contact form.  Our experienced and empathetic team can assist you with advice on the next steps to take.

The rear-end shunt – Is the Following Driver Always To Blame?

When it comes to rear-end motor vehicle collisions, there is a strong assumption that the rear vehicle is 100% at fault regardless of whether the driver of the first vehicle drove in a way that may have contributed to the accident.

The common belief “you should be able to stop in time no matter what the circumstances” is very entrenched in our general thinking. However, whist this is true in a majority of cases, the courts have, on occasion, found the driver of the front vehicle to be partly responsible for rear-end shunts.

Cases of negligence

The most common scenario in which the courts will apportion blame is when the driver of the first vehicle brakes without warning, and the second vehicle, unable to stop in time, drives into them. In order to apportion part of the blame, the driver in the rear vehicle must show negligence on the part of the driver of the front vehicle.

What is negligence?

Understanding negligence can be quite difficult for a lay-person without any legal knowledge or background, but it is something that can be useful to be aware of.

The famous definition of negligence is taken from a case held over 100 years ago, but is still in place today. It is either:

• The omission to do something which a reasonable man would normally do in the situation

Or

• Doing something that a reasonable person would not do in those circumstances

Proving negligence

When it comes to proving negligence in a motor vehicle accident of any kind, witnesses are crucial in assisting the court to establish the facts.

This was highlighted in one case from three years ago . This involved, a woman – Margaret Anderson – being rear-end shunted by a lorry driven by a Warburton’s employee.

She was driving on a dual carriageway and overtook a lorry. She then noticed smoke coming from the rear of her car and realised she needed to stop. According to her argument in court, she didn’t see the sign for an upcoming lay-by, and stopped just at the end of it. Her car was partially sticking out onto the carriageway and it was here that she was struck by the lorry.

A police officer who gave evidence stated that the claimant could have pulled her car further over to the left so it was not protruding over the white line marking the edge of the carriageway. A witness to the accident gave evidence that the driver of the lorry gradually reduced his speed to 20-25mph and the smoke became so thick that at one point he (the witness) could no longer see the lorry.

Who’s to blame?

The judge held that blame should be apportioned 2/3 to Mrs. Anderson and 1/3 to the lorry driver on account that although he had slowed down he was still driving too fast for the conditions. Margaret Anderson had to take a greater portion of the responsibility as the judge ruled that her panic was not sufficient reason for not seeing and using the lay-by to park her car safely. Also when she did stop her car, she could have manoeuvred it into a safer position further off the carriageway.

Will the shunter ever be blameless?

It is rare for the shunter to be held totally blameless. In another case, from the 60s , the driver of the rear vehicle was held to be 20% liable even though the lorry that he drove into was found to have no rear lights or reflector, and it was blocking half of a snow-covered road at the time of the accident.

It has happened however, in a case from 2000 . Due to vehicle defects, the driver of a lorry came to an immediate halt without the rear brake lights activating. The cars immediately behind the lorry were able to swerve onto the hard shoulder, however, there was nowhere for the driver of a lorry travelling behind the cars to go.

The driver was not travelling at excessive speed, and although he applied his brakes, he was not able to stop in time to avoid rear-shunting the lorry in front of him.

The judge held that safe driving speeds and distances were those at which a driver was capable of dealing with foreseeable events. The immediate and abrupt halt of a lorry did not fit into this category of a foreseeable event, in this case.

It all depends on the circumstances

It always depends on the individual circumstances of the case, as no two accidents will ever be the same. This means that cases involving rear-end shunts are considered on a case-by-case basis. It’s therefore important to seek legal advice as soon as possible, especially if you sustained a personal injury in the accident.

For more information on car accident claims, view our dedicated page. To find out what you may be entitled to and to get our expert ‘no win, no fee’ solicitors on board with your car accident claim, contact Injury Lawyers 4U today on 0845 345 4444. Alternatively, fill in the form to arrange a call back at your convenience from one of our team.

Been involved in a car accident? Stay calm and follow our guide for what to do next

Car accidents happen every day, some serious and some not so serious. However, drivers should be actively trying to reduce the number of car accidents as a number of fatal injuries which arise from careless driving could have been easily avoided.

So if you have been involved in a car accident as a driver or passenger, what steps should you take?

Not injured? Remain calm

If you have been lucky enough not to be harmed from a car accident, there is a chance that somebody else is. Therefore, it is especially important to stay calm as the chances are you will have to take necessary measures to ensure everybody else is safe.

Establish if anybody else is injured. This includes the driver and passengers in the car you are in, individuals inside any other vehicles, as well as pedestrians. If anybody has been hurt you must call an ambulance straight away and do your best to keep everybody involved calm.

Call the police

Safety is the most important factor straight after an accident. So once an ambulance has been called then the police need to be informed. It is illegal not to report a car accident within 24 hours of it occurring. Licenses can be disqualified, penalty points can be gained and drivers can be fined if they do not notify the police.

Don’t take the blame

The worst mistake any driver can make when a car accident happens is taking the blame for it. Apologising or taking responsibility for the accident if it was not your fault could be used against you if claims are made by any driver involved. Even if you think the accident is your fault you should not admit this until it has been confirmed and established by others involved or witnesses.

Get details

Being involved in a car accident is a horrible experience and many are left very shocked immediately after. However, it is important various details are collected from other people involved. The full name and address of all people involved in the accident should be noted.

Other drivers involved in a collision need to provide their car insurance details and it is worth trying to determine if they are the fully registered owner of the vehicle they were driving. If they are not the registered owner then they should provide the name and address of that person. The police need to be informed of anybody who leaves the scene without providing details.

Other details worth collecting are the conditions at the time of the accident. For example, the road conditions could be slippery or there could have been poor lighting.

Claim

Once you have contacted the emergency services, recorded details from drivers, passengers and witnesses it is time you decide whether you are entitled to make a claim with Injurylawyers4u – specialists in car accident claims.

You should make a claim as quickly as you can as there is a limited time period from the time of the accident.