“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.