“My car was not damaged, but I still hurt almost every day.” We at Turbak Law Office, P.C. hear this often. And in other instances, vehicles are totaled, and everyone walks away and is at work in a few days. Yet many people think that low property damage means no injury. Nothing could be further from the truth. 

In fact, hundreds of thousands of people sustain neck, back, and brain injuries every year in the United States from low speed, low property damage collisions. Studies have shown that low-speed crashes can cause whiplash injury including debilitating injury. 

Worse still, many insurance defense lawyers capitalize on this misconception by showing juries pictures of undamaged bumpers. Many lawyers use this, combined with showing social media posts of people trying to enjoy family weddings or pumpkin carvings with children, as evidence that the person was not really hurt. Thus, it is important to understand that an injury can be worse than the vehicle damage suggests.

Equating vehicle damage with injury

There are many problems with equating vehicle damage with injury in any meaningful way. First, it is difficult to determine or recreate the force involved with any collision. Speeds are often unknown or contested, vehicle mass is often unknown, and braking time and distance are also often unknown.

The National Highway Traffic Safety Administration (NHTSA) has said that they do not collect any data that would be useful in determining impact speed from bumpers. Many parameters affect this, including velocity, impact angles, crush resistance. Metallurgical fatigue also affects how bumpers behave during an impact.     

Second, even if these things are known, there is still an outstanding question of how much energy was transferred to the occupants. There have been few tests to research the energy effects from crashes at less than 30 mph. Yet many collisions do not include that much force. If you ever been rear-ended by a go-cart, you can imagine the damage of getting rear-ended by a vehicle going the same speed.

Moreover, even if you know the speed, energy, and how much energy was transferred, the amount of energy necessary to injure any given person varies greatly. Women, for example, are more likely to be injured than men. Height, age, weight, and medical history can also influence whether or not an injury occurs at any given speed.

Using this information in court

What is more is that car bumpers are actually designed to reduce physical damage in front and rear-end collisions. But they do not serve as to protect occupants. Still, courts often allow the admission of photographs, even with all these holes in the evidence, because it feels like common sense. And in the average auto-crash case, the cost of hiring experts and re-creating the forces and transfers, if it is even possible, outweigh the amount of money at issue. Thus, tricky insurance companies and their lawyers are left with the benefit of being able to show “low damage” photos.

During one recent incident, there was evidence that the insurance adjuster actually popped the bumper back out before photographing it, presumably so the lawyer could show the jury no bumper damage. Not wanting the jury to hear about an insurance witness potentially tampering with evidence, the attorney agreed to withdraw the photographic evidence.

For more information

Do not go into court without an experienced property damage lawyer by your side to help navigate these nuanced areas of law. Contact Turbak Law Office, P.C. today at 605-886-8361 to schedule a consultation.

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Client Testimonials
a beacon of excellence in the legal field

3 years ago I found myself in the unfortunate position of being involved in a car accident. Amidst the chaos and stress, Turbak Law Office became my guiding light, and I am beyond grateful for their exceptional support and dedication throughout the entire process.

From the moment I reached out to Turbak Law Office, their team displayed a level of professionalism and empathy that immediately put me at ease. They listened attentively to my concerns, thoroughly explained the legal proceedings, and outlined a strategy that gave me confidence in the path forward.

What truly sets Turbak Law Office apart is their unwavering commitment to their clients. Throughout the entire duration of my case, they were proactive in keeping me informed, consistently updating me on any developments, and promptly addressing any questions or concerns I had along the way. Their communication was clear, concise, and always delivered with a genuine concern for my well-being.

I cannot recommend Turbak Law Office highly enough. Their dedication, professionalism, and genuine care for their clients make them stand out as a beacon of excellence in the legal field. If you find yourself in need of legal representation, look no further than Turbak Law Office – they are truly the best in the business. Thank you, Dillon Martinez, Seamus Turbak, and the entire Turbak team, for all that you have done for me and my family.

Carlito E.
You guys are amazing!

There determination and hardwork helped us settle a claim that I thought was going to be impossible. I was told that Turbak is the best and everyone is right! So thankful for their expertise! You guys are amazing!

Jessie B.
Great people, great service!!

Great people, great service!! Always answered any questions right away! Dillon was also an amazing, helpful, kind person. He always had a smile on his face and took a lot of stress off my shoulders. Not once did I leave there feeling unsatisfied! 10/10 🙂

Quinn L.
exceedingly efficient and effective

I cannot thank Turbak Law enough for the time and effort they put in to bring closure to one of the most difficult times I have ever had to deal with. They were exceedingly efficient and effective in bringing a positive result and were able and willing to work around my schedule. Thank you to Seamus and Erika for all the work and support through all.

Tanya H.