Who is Liable for Whiplash Injuries?

Lever & Ecker, PLLC March 22, 2013 Car Accidents

Whiplash is a serious condition that affects millions of people in the United States every year.

Whiplash happens when there is damage to the neck and sometimes back due to a sudden motion, causing the neck to overextend. When it occurs there is damage to the delicate tissues of the bone and spinal cord in the area around the neck.

One of the most common causes of whiplash is being in a rear end collision. Often overlooked is the accident where the vehicle is hit from the side, causing the neck to move from left to right quickly, causing damage.

Sometimes whiplash can take a bit of time to show up, 12-24 hours post impact. It is important to see a doctor immediately after any kind of accident, even if there are no initial symptoms. Symptoms can include headache, sore neck, dizziness and vertigo.

The victim may be more seriously injured and meet the serious injury threshold. These are more severe and can include:

Bone fracture
Limitation of use of a part of the body
Inability to resume normal daily activities

Rear end crashes are very common to cause whiplash, but it’s important to remember what caused the collision in the first place. The Center for Disease Control cites Distracted Driving for the cause of 387,000 injuries in a motor vehicle in 2011. Common forms of distracted driving:

Talking on phone
Using a GPS

Other causes of rear end collisions:


If you have suffered whiplash at the hands of an irresponsible or distracted driver and meet the criteria for the serious injury threshold, the other driver may be liable for compensation. At times, the vehicle manufacturer can be held responsible if the head restraints do not meet the minimum height requirements set for that year. Contact your NY car accident attorney if you have questions about your collision and what steps you can take towards receiving compensation.