Personal Injury Lawsuit

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In America, a rear-end crash occurs every 17 seconds, but a surprisingly high number of vehicles offer inadequate protection from the whiplash injuries that can result, leading to an increased number of whiplash claims in worldwide markets.

Many whiplash injuries could be minimized or prevented altogether with better head restraints and seatbacks, especially for backseat passengers. However the problem gets relatively little attention due to the low number of whiplash injuries resulting in major injury. Carmakers are inconsistent in providing effective head restraints in all seating positions. Auto-safety advocates also tend to focus on other concerns, largely because whiplash’s ‘minor threat’ status.

A new federal requirement that takes effect for 2009 passenger vehicles should help, but chances are it doesn’t go far enough.

According to the Insurance Institute for Highway Safety (IIHS), which is funded by auto insurers, roughly 2 million whiplash claims are filed every year. An estimated 200,000 of those are serious enough to cause long-term medical problems. Taller people are most susceptible, medical experts say.

Better head restraints and seatbacks would be adequate ways of prevention against this type of injury; yet the problem gets relatively little attention. Car manufacturers do not often provide effective head restraints in all seating positions; and auto-safety advocates concentrate on other dangers, largely because whiplash does not tend to be fatal.

To add the problem, even if some cars have the necessary restraints, most car owners do not know how to properly position them, leaving themselves vulnerable to serious injury.

IIHS crash tests suggest why injuries continue to occur. The IIHS is the only organization that conducts dynamic tests of front seats and head restraints, and makes rear-crash-protection ratings available to the public. Only about one-third of the 175 vehicles for which the institute has overall ratings are rated Good or Acceptable. Nearly a third are rated Marginal, and more than a third are rated Poor.

Since 1969, the US government has passed legislation demanding that all passenger cars have head restraints on outboard front seats. But IIHS tests, which simulate a stationary vehicle being rear-ended by a vehicle of the same weight at 20 mph, have found that even head restraints that are properly positioned do not provide sufficient protection.

“Most of the time what you’ll find is the seatback is too stiff,” explains former General Motors safety engineer and seat designer, David Viano. ‘Ideally, the top part of the seatback, where your shoulders hit it, should be soft and pliable. If you can’t sink into the seat, you rebound off of it during the crash, and that can cause the injury.’

One other issue is that performance can vary from one seat option to another. For instance, the BMW 5 Series with base or “sport” seats is rated ‘Poor’ by the IIHS, but with “comfort” seats it ranks as ‘Acceptable’.

The right design for the seat/head-restraint combination would be difficult to achieve, but crucial to avoid further accidents.

Neck injuries are the most commonly reported type of crash-related injury. Whiplash refers to the rapid snapping back of a person’s head during a collision, which hyperextends the neck and damages nerves and ligaments, often resulting in chronic symptoms such as persistent pain and lack of mobility. It can occur at crash speeds as low as 10 mph.

Since 1969, the government has mandated that all passenger cars have head restraints on outboard front seats. But IIHS tests, which simulate a stationary vehicle being rear-ended by a vehicle of the same weight at 20 mph, have found that even head restraints that are properly positioned don’t necessarily provide good protection.

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Accident victims are vulnerable after the event not just in the physical sense but also mentally. One of the negatives of the mental aspect is that these victims are often quietly pressurised into accepting payouts before they can obtain legal advice. This seems to be a worrying new trend and it has got the attention of the Financial Services Authority (FSA).

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