Car Accidents Lawyer
Massive and catastrophic damage to the vehicles that were involved in a car accident can often be visceral and compelling proof of the ferocity of a collision, and the enormous physical forces at work in a motor vehicle accident. But, should such images have a role in assessing case value? Bent, torn and misshapen metal, shattered glass, and the remnants of cars, trucks- or other personal items- strewn about a roadway are poignant reminders that the drive to or from work or to or from school can often have unintended, unanticipated and tragic results. There is, on the whole, no real surprise when we learn of a fatality, or life-threatening injury as a result of such carnage. On the other hand, everyone has no doubt seen or heard about, or watched online, a violent and catastrophic collision between vehicles, where both are completely destroyed, undrivable, totaled, and maybe even unrecognizable. Yet the driver of the vehicle walks away from the crash- unscathed. Is there some definitive connection between what happens to a car, truck or motorcycle and what the same physical forces do to the human body?
Can a modest or seemingly insignificant collision between two vehicles that leaves no marks, or no significant signs of collision or impact, actually cause catastrophic, or life altering injury to the occupants of one of those vehicles? Most personal injury attorneys will point out there is no medical or scientific literature that contains an identifiable and specific link between specific types of property damage, or specific dollar amounts of property damage, and corresponding physical injury that may result. In fact, the argument is that the opposite is indeed true. Massive catastrophic impacts that disabled vehicles may not necessarily have the same effects on the occupants of those vehicles. Moreover, a relatively minor impact that perhaps scratches or mars only the bumpers of the vehicles involved may lead to significant and lasting damage to one or more of the occupants. Nevertheless, the insurance industry as a whole has been enormously successful at convincing judges and juries that unless the cars are destroyed, the people cannot be hurt. Insurance adjusters routinely use phrases such as “minimal property damage”. If you are speaking to an adjuster and hear this verbiage, this is insurance speak for “we are not valuing this claim highly, and do not intend to make a significant offer”. Such arguments are also but are often buttressed with a flourish, and display of photographs, video or other visual representations of an event and the involved vehicles that show little, if any damage. This display is accompanied by arguments- from respected and skilled personal injury defense attorneys- that there is simply no way that someone could have been hurt because the picture shows that there was no damage in this accident and that it was a trivial event.
If you or someone you love has been injured in an accident, contact an attorney immediately for help on your case.
