“Low Velocity Impact Collisions and Personal

Injuries Actions” Paul Burns S.C.

Low Velocity Impact Collisions

No Legal Definition

No Separate Legal Concept

No Separate Legal Principles Applicable

Typical Case

Low Velocity Impact Collision

Defendant accepting negligent driving

Defendant denying injuries or extent of injuries claimed by Plaintiff

Plaintiff’s medical witnesses supportive of Plaintiff’s contentions re: Injuries

Defendant engineering evidence and/or medical evidence contradict Plaintiff’s contention re: Injuries

Weight of Engineering Evidence

Not necessarily conclusive

Must be weighed alongside other evidence in the case

Armstrong v York [2005] EWCA 277

“We do not have trial by expert in this country; We have trial by Judge”

Factors which may enhance weight of engineering evidence

Photos taken at the scene

Photos taken shortly afterwards

Early inspection by motor damage assessor

Early inspection by engineer

Eyewitness evidence, e.g. Defendant driver, emergency services personnel, bystanders

Medical Evidence

Weight of Medical Evidence

Must be weighed alongside other evidence

Likely to be contested

Interaction with engineering evidence

Factors which may enhance weight of medical evidence

Information re: Impact

Early medical examination

Medical records pre and post-accident

Other relevant background/history of Plaintiff

Credibility of Plaintiff

Crucial factor

Detailed Notice for Particulars

Medical Records pre and post-accident

Claims history

Surveillance

Conclusion 1

No special law applicable to low velocity impact collisions.

Court not obliged to follow expert evidence if there is other credible conflicting evidence.

Expert engineering evidence is of significant importance.

Expert medical evidence also of significant importance - more information medical expert has re circumstances of the accident and the Plaintiff’s medical history the greater will be the medical expert’s ability to give a reliable opinion in the matter.

Conclusion 2

Defendants are more likely to succeed in defending low velocity impact personal injury claims where a multi faceted approach is adopted e.g. the engineering evidence has been considered by the medical witness in addition to other relevant factors.

Credibility of Plaintiff is crucial and engineering and/or medical evidence important in assessing credibility as regards whether the Plaintiff is faking, exaggerating or misattributing symptoms.