Can a car accident cause a herniated disk?
In the aftermath of a motor vehicle collision, victims frequently report radiating pain, numbness, and diminished motor function. While insurance carriers often attempt to characterize these symptoms as manifestations of degenerative "wear and tear," the mechanical forces involved in a collision are statistically and medically significant enough to cause acute intervertebral disc herniation.
Understanding the intersection of biomechanics and personal injury law is essential for any claimant seeking equitable compensation for spinal trauma.
The Biomechanics of Impact and Spinal Injury
A car accident—particularly rear-end and high-velocity lateral impacts—subjects the spinal column to extreme acceleration-deceleration forces. During these events, the spine undergoes rapid compression and shearing.
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The intervertebral disc consists of a tough outer layer, the annulus fibrosus, and a gelatinous core, the nucleus pulposus. When the force of an impact exceeds the structural integrity of the annulus, the nucleus may protrude into the spinal canal. This "herniation" often results in the following:
Nerve Root Compression: The displaced disc material exerts pressure on adjacent spinal nerves (radiculopathy).
Chemical Inflammation: The internal proteins of the disc can cause severe inflammation when exposed to the nervous system.
Thecal Sac Effacement: In severe cases, the herniation may compress the spinal cord itself, leading to significant neurological deficits.
Establishing Medical Causation
From a litigation perspective, the primary challenge lies in proving proximate cause (now called Legal Cause). Defense counsel will frequently utilize "independent" medical examinations to argue that the herniation was a pre-existing, asymptomatic condition.
To rebut these assertions, legal strategy must focus on a "differential diagnosis" and a clear timeline of clinical evidence:
Diagnostic Imaging: Immediate or near-immediate MRI (Magnetic Resonance Imaging) to identify the morphology of the herniation.
Symptomatic Correlation: Documenting the onset of radicular pain (sciatica) or paresthesia that aligns with the specific level of the spinal injury (e.g., L4-L5 or C5-C6).
The "Eggshell Skull" Doctrine: Legally, even if a plaintiff had a pre-existing weakness, a defendant is liable for the aggravation or exacerbation of that condition caused by their negligence.
Recoverable Damages in Spinal Injury Litigation
A herniated disc is rarely a transient injury. The long-term implications often necessitate substantial compensatory damages, including:
| Damage Category | Examples |
| Special Damages | Emergency room costs, spinal injections, discectomy/fusion surgery, and physical therapy. |
| Lost Wages | Immediate time missed from work and diminished future earning capacity. |
| General Damages | Chronic pain, loss of consortium, and loss of enjoyment of life but much more than that. Do you have a condition that will get worse in time? Will your back injury lead to neck or hip problems. Top personal injury lawyers identify all long term effects from your accident. |
Conclusion
The correlation between vehicular trauma and spinal pathology is well-established in both clinical literature and tort law. However, securing a recovery requires meticulous documentation and an aggressive approach to medical evidence. A top lawyer is necessary to document your injuries and to obtain the best possible settlement fo your claim.
The Horowitz law firm has recovered millions of dollars for our clients in accident cases. Call us for help at (925) 283-1863
