Many people who are injured in a car accident already have some form of pre-existing back or spine condition — such as degenerative disc disease, herniated discs, arthritis, or prior injuries from work or sports. Insurance companies often attempt to use this against victims, arguing that a person’s pain was “already there” or unrelated to the collision.
In reality, California law recognizes that a negligent driver is responsible for any worsening, aggravation, or acceleration of a pre-existing condition. Modern medical science also confirms that even a moderate-impact crash can dramatically increase symptoms in a previously stable spine.
Understanding how spinal injuries are evaluated — medically and legally — is essential for anyone experiencing increased pain after a collision.
I. Why Car Accidents Commonly Worsen Pre-Existing Spinal Conditions
The spine is highly vulnerable in car accidents, even at lower speeds. When the body absorbs sudden force, the tissues surrounding the spine can become injured or destabilized. Someone who had mild or intermittent back pain before a crash may suffer significantly more serious symptoms afterward.
Common ways a crash aggravates the spine include:
1. Herniated or Bulging Discs Become More Severe
A disc that was mildly bulging before impact may fully herniate, compress nerves, or cause radiating pain down the legs or arms.
2. Pre-Existing Arthritis Becomes Symptomatic
Facet joints, which may have been degenerating quietly for years, can become inflamed or painful after trauma.
3. Nerve Compression Worsens
Any disc displacement or swelling can place new pressure on nerve roots, causing:
Numbness
Tingling
Weakness
Sciatica-type symptoms
4. Soft Tissue Injuries Exacerbate Structural Weakness
Ligament and muscle injuries can destabilize segments of the spine that were already compromised.
5. Whiplash Effects Are Amplified
A spine with pre-existing conditions often responds more dramatically to whiplash-type movement, leading to chronic pain.
Even if an MRI before the accident showed mild issues, new imaging or clinical findings after the crash often reveal a clear and medically recognized aggravation.
II. The “Eggshell Plaintiff” Rule Protects Those With Prior Conditions
California law is clear:
A negligent driver must take the victim as they find them, even if the victim was more vulnerable to injury than the average person.
This is called the Eggshell Plaintiff Rule, and it applies directly to:
Degenerative disc disease
Prior back injuries
Aging-related spinal changes
Arthritis
Congenital spine issues
Previous surgeries
Insurance companies often argue that the victim is simply “getting older,” but the law does not permit them to escape liability when a crash makes a pre-existing condition worse.
III. How Doctors Evaluate Whether a Crash Aggravated a Pre-Existing Condition
Medical experts look at several factors when determining whether a collision caused new injury or aggravated a prior condition:
1. Change in Symptoms
Sudden increases in pain, new numbness, or new mobility limitations are powerful indicators of new trauma.
2. Change in Imaging
MRIs taken after the crash may show:
New herniations
Worsened disc protrusions
Nerve impingement
Increased inflammation
3. New Functional Limitations
If a patient could sit, work, lift, or exercise normally before the crash — and cannot afterward — the change is significant.
4. Mechanism of Injury
Rear-end collisions, side-impact crashes, and rollover events are all consistent with spinal aggravation.
5. Medical Timeline
Insurance companies often claim, “their pain didn’t start immediately.”
But delayed onset symptoms are common and medically recognized.
IV. Common Symptoms After Aggravated Spinal Injuries
After a car accident, victims with pre-existing spinal conditions may experience:
Intense back or neck pain
Shooting pain down the arms or legs
Loss of range of motion
Tingling, numbness, or weakness
Muscle spasms
Difficulty sitting or standing
Sleep disruption
Chronic headaches
These symptoms can dramatically reduce quality of life and require long-term treatment.
V. Mistakes Insurance Companies Make — And How They Misinterpret Medical Evidence
Insurance adjusters are trained to downplay claims involving pre-existing injuries. Some common tactics include:
“Your MRI already showed degeneration.”
True — but degeneration does not equal disability. And trauma can convert an asymptomatic condition into a disabling one.
“You had back pain before the crash.”
Intermittent or mild symptoms do not prevent full compensation for new limitations.
“This is just age-related wear and tear.”
Age-related changes do not shield negligent drivers from responsibility.
“Your treatment is excessive.”
Crash-related aggravations often require injections, therapy, or surgery that were not previously needed.
These arguments are predictable — and legally flawed.
VI. How These Cases Are Proven in a Personal Injury Claim
A well-presented aggravated spinal injury case includes:
Medical records documenting symptom changes
Imaging showing new or worsened findings
Expert opinions from treating physicians
Testimony relating pre- and post-accident functionality
Biomechanical analysis when needed
Accident reconstruction when impact severity is disputed
When handled properly, aggravated spinal injury claims can result in substantial compensation for:
Medical expenses
Future treatment
Lost wages
Reduced earning capacity
Pain and suffering
Loss of enjoyment of life
VII. When to Seek Legal Help
Victims with pre-existing spinal issues are often targeted by insurance companies seeking to minimize payouts. An attorney experienced in high-impact injury cases can:
Protect your medical evidence
Counter improper insurance arguments
Work with specialists to document the aggravation
Guide you through treatment and claim strategy
Pursue full compensation under California law
To learn more about your rights after a spinal injury aggravated by a car accident, visit our
Spinal Cord Injury Information Page.
