How fast would a car have to hit you from behind for you to get bad whiplash? (The car that is hit is stationary by the way!). I am asking because my girlfriend was involved in a minor car accident where a car in front slammed on its brakes when seeing red lights (controlling a different lane of traffic!). The car behind him went into the back of him and then my girlfriend (in the 3rd car back) then hit him (2nd car back). My girlfriend was travelling just under 30mph as she was just about to take a corner.
We have had a letter from car 2's solicitor stating that 'Our client has sustained a whiplash from which he continues to suffer' and 'You failed to travel at a safe distance behind our client's car and drove a VW Beetle into the rear thereof'.
My issue is with the 'car behind is liable' rule. This rule is a lazy black and white rule that cuts out extra thought and cosideration for what actually happened. The accident was caused by car 1. Simple!
2006-11-12 22:50:33 · 8 answers · asked by Martin P 1 in Politics & Government ➔ Law & Ethics
This is the kind of thing that infuriates you about the real world. Law always seems to prevail over common sense – making a mockery of law in my view. At this point, if I was someone else, I would start a petition, campaign, go to No 10, etc. But I won’t, because I haven’t got time, just have to plod on, let the whole stinking system continue to reap the financial rewards without an ounce of consideration for ‘the normal decent people of society’.
2006-11-12 23:04:22 · update #1
Also - is whiplash immediately painful? He got out of the car, spoke to my girlfriend an said 'everything was ok, it was the guy in front who braked for no reason'. Is it just usually a case of person consults solicitor and they suggest 'Oh. Someone hit you from behind? Easy. You can get them on that' or the whiplash 'victim' thinking 'Oh - I suppose I could make a bit from this. I don't know or care about that girl in the Beetle, etc, might aswell try and cash in'.
2006-11-12 23:21:33 · update #2
Law in general is very questionable. Sometimes I think we all get complacent and assume that just because something is the law, it is right.
2006-11-12 23:24:46 · update #3
If the injured party has legal representation, be sure that the solicitor will pursue a claim against everyone involved.
If your friend runs into the rear of another vehicle, your friend is liable (the doctrine of res ipsa loquitor applies). Trying to get off the hook in a case like that is extremely difficult. The only defense would be to show that the collision was unavoidable. Nothing in your description indicates that to be the case.
Example of a defensible case: the other vehicle cuts in front of you and slams on his brakes, for no apparent reason. There are two police officers, in different locations, who were witnesses.
As for injuries it does not take much to get a whiplash type injury. Five to ten mph will do it. If you are suspicious of the injury, have a private investigator put the plaintiff under surveillance.
2006-11-12 23:09:08 · answer #1 · answered by regerugged 7 · 1⤊ 0⤋
I got in a horrible accident 2 months ago where I was t-boned and then rear ended..I was all banged up and had a bad concussion along with a million other injuries..anyways I had whiplash and it was unbelievable. Im not even joking when I say I couldnt even turn my head for 4 days..i didnt even want to shower because putting shampoo in my hair hurt so bad. The next day and day after the accident are supposed to be the most painful. I had it so bad it actually tore a neck ligament..what a mess. I got hit at 50mph though
2006-11-13 18:07:11 · answer #2 · answered by RubiaBonita 2 · 0⤊ 0⤋
Not very Fast at all.
30 miles per hour translates to 44 feet per second So, if an automobile is 15 feet in front of you...There is no time to stop. The Laws of physics apply to this.
Insurance Companies have data that can determine at what speed certain injuries can occur and the cost to repair an automobile...These are guidelines of course. There are many variables to determining who was at fault. Road conditions, Stop Signs, Traffic signals and the weather are some of the factors used to determine who is at fault in an accident.
Car one May be at fault in a broad sense. But, the "Car behind rule" is liable for the repair of damages and the compensatory Injury awards for Injuries.
Whiplash is a common injury in Rear end collisions.
Good luck. You may be able to appeal the decision of the Insurance company in your State.
2006-11-12 23:25:32 · answer #3 · answered by Mav 6 · 1⤊ 0⤋
No doubt about it...you were too close.
It doesn't take much energy at all to get whiplash. the state of the neck and muscle/tendon tissue could be older/weaker and sustain an injury at a low speed of impact. Low impact speeds can transfer alot of energy to the driver easily. Body positioning of the victim is important. How far forward was the head when the impact occurred?) .The seat belt is a critical key in accidents.
Leave more room between you and the car in front from now on. It will only make you 6 seconds late.
2006-11-12 22:56:29 · answer #4 · answered by Anonymous · 1⤊ 1⤋
Law says you travel far enough behind the car in front to stop! end of story sorry but it's the same for everyone
2006-11-12 22:53:43 · answer #5 · answered by Sir Sidney Snot 6 · 0⤊ 0⤋
depending on physical fitness of the passenger being hit, one can suffer whiplash from speeds as low as 45 km/h if the breaks are not fully engaged. If the brakes are engaged the impact is absorbed more by the vehicle rather than the passenger or driver.
2006-11-12 23:01:49 · answer #6 · answered by Claude 6 · 0⤊ 1⤋
when I started to drive It was forcibly impressed on me that at all times I should be capable of stopping when the car in front of me stops, turns, or does anything I may consider to be stupid.
You are at fault, be thankful you aren't being charged with driving without due care and consideration for other road users and in future drive within your braking distance.............
2006-11-13 20:48:46 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Sorry, but anything faster than 10mph can cause such an injury.
2006-11-12 22:56:06 · answer #8 · answered by ♥Robin♥ (Scot,UK) 4 · 0⤊ 0⤋