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Low-impact Collisions


Personal Injury

The Law Office of Alba & Yochim P.A. represents the injured in recovering damages sustained in auto accidents, whether involving high-impact or low-impact collisions. As injury attorneys, having decades of experience, we find the barriers that are placed upon the victims of low-impact collisions to be particularly appalling. Whether due to reformative tort measures associated with the permanency threshold in Florida, attempts by insurance companies to avoid payment of valid claims, or a combination of both, our injury team feels that when the negligence of motorist causes an injury to another, that the victim is should be awarded the compensation they deserve.

The most common type of accident associated with low-impact collisions, are rear-impact accidents, in which a rear motorist becomes aware of an imminent impact but is unable to decelerate in time to avoid collision. Contributing factors include drug or alcohol impairment; driver-fatigue; distracted driving; and in some cases even medical emergency or vehicle malfunction.  Low-impact collision can also occur in situations involving panic steering or improper corrective attempts, such as where a driver attempts to avoid an existing accident, a multiple vehicle pile-up, or some other obstruction in roadway.

Regardless of how the accident occurred, injuries can occur as a result of almost any impact, no matter what speed the colliding vehicle is traveling. This contention is demonstrated, most simply, through an application of basic principles of physics. The following diagram, as provided by the Chiropractic Resource Organization, shows the manner in which a sudden impact can cause a neck-related injury, such as whiplash:

head motion Low impact Collisions

Low-impact collisions more commonly center around issues associated with injury causation, as opposed to accident causation. For example, victims that have a pre-existing injury may suffer aggravation, whether such injury is currently being treated or is in a state of remission. In some case, degenerative factors associated with a victim’s age, can cause a victim to be more susceptible to injury.

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In our years of practice, we have witnessed two common scenarios that often hamper victims’ efforts in seeking the compensation they deserve: (1) Deterrent tactics utilized by insurance companies; and (2) victim perception of compensation availability. With regard to insurance company based influences, victims commonly reveal to us that they were informed that an injury could not have possibly occurred during a collision that occurred at such a low-speed, or that the victim’s injuries are minor, and therefore the victim cannot meet the permanency threshold that would allow the recovery of damages beyond those covered within Personal Injury Protection benefits.

Deterrent tactics employed by insurance companies occur more frequently than one might think, however, we have also seen situations in which a victim, that has been declined representation by a previous attorney, later seeks our services, and as a result obtains the compensation they deserve. Situations like this, bring us to the second type of scenario referenced above—victim perception. Often, victims may arrive at their own conclusion regarding the availability of compensation. In some cases this may occur due to the advice of a previous attorney. In other cases, the existence of a present or previous injury, or some other factor discourages a victim in exploring their legal options.

Our Gainesville injury team feels that neither insurance company, nor victim, should immediately dismiss the possibility of seeking compensation, prior to having the matter thoroughly reviewed by a professional, competent, and dedicated attorney. As the Law Office of Alba & Yochim P.A. sees it—injuries can occur at nearly any speed—and in cases of injury aggravation, whether concurrent or pre-existing, we know that the presence of prior injuries does not dismiss a victim’s right to recovery.

While we always encourage consultation, more information on this topic area can be found in the following: