32 THE QUEENS COURIER • MAY 23, 2019 FOR BREAKING NEWS VISIT WWW.QNS.COM 
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 PAIN IN THE NECK Q:  I am a state trooper.  I pulled over onto the shoulder and activated my  
 emergency lights, intending to make a U-turn to assist another police officer who was  
 involved in a traffic stop.  After coming to a stop, my vehicle was rear-ended in a chain  
 reaction collision involving two other vehicles.  As a result of the collision, I sustained  
 injuries to my shoulder and neck. 
   Following the accident, I sought treatment for neck pain and associated  
 numbness and tingling in my arms and radiating pain down my neck.  Since the accident, I  
 have consistently complained of chronic neck pain, and there has been significant decreased  
 range of motion in my cervical spine.  My doctor says that I sustained a cervical  
 sprain/strain, superimposed on pre-existing degenerative changes. A:  Where, as here, a moving vehicle is involved in a rear-end collision with a  
 stopped vehicle, then the driver of the moving vehicle must give an adequate, nonnegligent  
 explanation for the collision.  If you stopped suddenly and abruptly, then the two other  
 vehicles might have a sufficient explanation to overcome the inference that they were  
 negligent.  However, it sounds like your stop was not that way.  From what you tell me, you  
 appear to have a solid case that the drivers who rear-ended you were negligent. 
   Under the No Fault Law, in most actions arising out of negligence in the use or  
 operation of a motor vehicle in New York, there is “no right of recovery for non-economic  
 loss, except in the case of a serious injury”.  (Insurance Law § 5104a.)  Under Insurance  
 Law § 5102(d), one category of serious injury is “significant limitation of use of a body  
 function or system”. 
   So long as you have (a) objective medical evidence with regard to your cervical  
 injuries, such as CT scans and MRIs, (b) quantitative evidence with respect to your  
 diminished range of motion and (c) medical opinions that such injuries were causally  
 related to the accident, you appear to have a strong case for serious injury under the  
 ‘significant limitation of use’ category. 
 
				
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