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LOW PROPERTY DAMAGE AND LOW SPEED CRASH

2/8/2023

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This topic is important because it is a topic that enrages those that do not understand the physics behind the frailty of the human body.  It always makes me wonder how it is possible that a defendant on a motor vehicle accident can argue through an expert that a crash dummy test did not result in damage to the dummy and therefore injury could not happen to a human being given the same testing condition.  It's almost insulting to the average intelligence to assume that the argument could cause someone to think the comparison is true.
Humans can simply fall while walking or running and hit their hears, break arms, herniate their spinal cords.  How many times has someone fallen off their bicycle while idly riding only to find themselves with a broken rib or a traumatic brain injury?  Yet, when it comes to a car accident with an estimate with low dollars, defendants rush immediately to defend based on the false logical fallacy that low property damage and low speed vehicular collisions cannot cause injuries.  
What is even more concerning is when defendants think that a person with pre-existing injuries did not experience aggravation of those pre-existing injuries when they are involved in a low property and low speed collision.  It is obvious that the two are inextricably connected.  It is far more unlikely to have injury in a perfectly healthy body when impacted in a low property and low speed collision than when a human body is compromised.  In the same token, it is far more likely that a highly compromised human body will experience aggravation of a pre-existing injury even when involved in a low speed collision. 
It is my belief that a highly compromised human body makes for a great plaintiff when injury occurs following a collision with low property damage given low speed impact. 
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    Jack A. Krumbein, Esquire is the author of these blogs.  They represent general notions of law in practice. None of these blogs are specific to your case and are only published to serve for purposes of education.

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