Abstract
Cervical whiplash injury is classified as a type of Cervical Disc Injury (CDI) , defined by the mechanism where the head and neck move backward into a state of hyperextension, followed by a forward recoil into hyperflexion. Research indicates that rear-end motor vehicle collisions are prone to causing whiplash injuries; in fatal motorcycle accidents, the cervical region is typically the most severely affected area. Furthermore, scholars utilizing finite element analysis to simulate the dynamics of car-motorcycle collisions have studied the whiplash effect on motorcyclists. Findings reveal that vertebral fractures caused by intervertebral contact forces are reduced when neck muscles exert active force. This evidence demonstrates a trend where CDI is mitigated when there is active muscle contraction in the neck. To a certain extent, this suggests that the occurrence of CDI is indicative of a lack of active muscle force. From the perspective of accident reconstruction, the presence of CDI in a motorcyclist may imply that the rider failed to perceive the danger or did not have sufficient time to react. However, compared to physical evidence, medical evidence is less readily applicable directly in court and requires corroboration with relevant objective evidence to be considered complete. Regarding judicial case studies on CDI, scholars have analyzed four cases: three involving rear-end collisions and one involving a head-on collision between two motorcycles. In all four cases, the patients with CDI had no anticipation of the impact prior to the collision. Specifically, in two cases—one where a motorcycle was rear-ended by a car and another involving a head-on collision between two motorcycles—evidence was presented in court by integrating scene evidence with the motorcyclists’ injury patterns and characteristic comparisons. These presentations successfully gained the acceptance of both judges and prosecutors. This study deeply explores the relevant forensic argumentation to serve as a reference for the forensic science community.
Key words: Patterned injury, Whiplash injury, Pattern recognition method, Scene reconstruction, Road traffic accident