See average payouts for rear-end car accident claims in Alabama. Find real cases similar to yours.

Tailgating, or following too closely, is one of the top three causes of vehicle crashes in the State of Alabama, with more than 98 rear-end accidents happening every day.¹

The average injury settlement for a rear-end collision in Alabama is $37,710 based on our case examples. Actual settlements ranged from $925 for mild injuries to $760,000 for severe injuries.

Average Payouts for Alabama Rear-End Collisions

Our averages are based on a group of rear-end accident cases in Alabama that either settled with the insurance company or won an award in court. Averages reflect actual payouts, not including claims that were denied or cases lost at trial.

Average Payout by Severity of Injury
Minor Injury	$7,987
Moderate Injury	$37,710
Severe Injury	$424,110
Payout Range by Type of Injury
Soft-Tissue Injuries	$9,000 - $45,000
Neck Injuries	$925 - $252,330
Back Injuries	$6,500 - $760,000*
Head Injuries	$0 - $250,000

Factors Affecting Settlement Amounts

Standard factors that affect rear-end accident settlements include the speed at impact, the size difference between the vehicles, scope and severity of injuries, contributory negligence, insurance policy limits, lost income, and pain and suffering.

Rear-end accident claims are usually paid by the at-fault driver’s auto insurance company or a commercial vehicle’s liability insurance. The payout amount is limited by the driver’s policy limits.

Alabama law requires drivers to carry bodily injury coverage of at least $25,000 per person and $50,000 per accident.

The number of vehicles involved in an accident can also affect compensation. Rear-end collisions often involve more than one vehicle in a chain reaction. When a multi-car accident was caused by a single driver, there may not be enough insurance money to cover all the injured victims.

Case Examples: General Soft Tissue Injuries

Getting thrown against the seatbelt or car interior, or being jolted back and forth in a rear-end accident can lead to sprains, strains, bruises, and contusions. Soft tissue pain, swelling, and stiffness are common complaints after a crash.

Rear-End Collision While Stopped in Traffic Causing Soft Tissue Injuries

Type of Injury: Neck and back soft tissue injuries
Severity Rating: Mild
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was stopped in traffic at an intersection when he was rear-ended by Defendant’s vehicle. Plaintiff claimed that he suffered neck and back soft tissue injuries for which no surgery was required, physical pain and suffering, and mental anguish as a result of the accident. Defendant admitted liability. The case proceeded to trial on the issue of Plaintiff’s claimed damages. The jury awarded Plaintiff $10,000 for compensatory damages.
Location: Houston County, Alabama
Case Name and Docket Number: Hernandez v. Bryant, Jr.,CV-2005-611

Rear-End Collision Causes Injuries To Minor Passenger

Type of Injury: General Soft tissue injuries
Severity Rating: Moderate
Award/Settlement Amount: $45,000
Case Summary: Plaintiff was operating his vehicle while his minor daughter rode as a passenger. Plaintiffs’ vehicle was rear-ended by a vehicle operated by Defendant. As a result of the collision, Plaintiffs sought compensatory damages for soft tissue injuries, physical pain, mental anguish and medical expenses. Defendant denied liability but his liability carrier, also enjoined in the suit, settled the claim for $45,000 in favor of Plaintiffs before trial.
Location: Baldwin County, Alabama
Case Name and Docket Number: Lewis v. Geico Insurance, CV-06-1316

Passenger Injured In Rear-End Collision Caused by Drunk Driver

Type of Injury: General Soft tissue injuries
Severity Rating: Mild
Award/Settlement Amount: $9,000
Case Summary: Plaintiff, a minor, was a passenger in a vehicle being operated by her father when they were involved in a motor vehicle accident at an intersection. Plaintiff claimed that Defendant negligently allowed his vehicle to rear-end Plaintiff’s vehicle. Defendant was arrested at the scene for driving while intoxicated. Plaintiff sustained soft tissue injuries from the accident. The Plaintiff driver, individually and as the father and next friend of the minor, filed suit against the defendant for negligence. Defendant admitted liability. The Judge approved a settlement value in favor of the minor for $9,000.
Location: Madison County, Alabama
Case Name and Docket Number: Lanier v. Duncan, CV-07-900603

Rear-End Collision with Soft Tissue Injuries

Type of Injury: General Soft tissue injuries
Severity Rating: Moderate
Award/Settlement Amount: $17,000
Case Summary: Plaintiff alleged that he was attempting to make a left turn when Defendant Driver, an employee of Defendant 2, rear-ended Plaintiff’s vehicle. Plaintiff claimed he suffered soft tissue injuries from the accident. Defendant Driver admitted liability and the case proceeded to trial on the issue of damages. The court entered a judgment in the sum of $17,000 for Plaintiff.
Location: Madison County, Alabama
Case Name and Docket Number: Goldberg v. Sims Lawn Maintenance, CV-06-1340

Case Examples: Neck and Back Injuries

Rear-end auto accidents are a common cause of whiplash and other types of neck and upper body injuries. These are caused when a person’s head and upper body are jolted forward and slammed back into the seat from the impact of the collision.

Rear-End Car Crash By Work Vehicle Injures Head, Neck, and Back

Type of Injury: Head, neck, and back injuries
Severity Rating: Mild
Award/Settlement Amount: $9,500
Case Summary: Plaintiff alleged that Defendant negligently rear-ended Plaintiff’s vehicle at an intersection by failing to yield the right-of-way. Plaintiff claimed he suffered head, neck, and back injuries requiring physical therapy. Plaintiff sued Defendant, seeking to recover damages for physical pain, mental anguish, temporary and permanent disability, medical expenses, lost income and diminished earning capacity. Plaintiff also filed a negligent entrustment claim against the owner of the vehicle operated by Defendant at the time of the accident. However, an inspection of Defendant’s driving record showed that the owner of the vehicle had no reason to suspect that Defendant would be a reckless driver, so the vehicle owner was dismissed from the case. Plaintiff was awarded $9,500.
Location: Jefferson County, Alabama
Case Name and Docket Number: Smith v. Myrick, CV-05-0088

Rear-Ended Twice Causing Neck and Back Injuries

Type of Injury: Neck and back injuries; neck and left shoulder pain
Severity Rating: Mild
Award/Settlement Amount: $12,000
Case Summary: Plaintiff was traveling and had to stop quickly when the vehicle in front of Plaintiff’s vehicle made a sudden turn without a signal. Plaintiff alleged that Defendant was following Plaintiff’s vehicle and rear-ended Plaintiff’s vehicle. Plaintiff said she sustained neck and back injuries; neck and left shoulder pain. Plaintiff was still undergoing medical treatment for injuries resulting from this accident when she was involved in a second accident. In the second accident, Plaintiff’s vehicle was rear-ended by the second defendant. Plaintiff claimed this accident exacerbated her prior injuries. Plaintiff brought a claim against both defendant drivers and settled the claim for $12,000 before trial.
Location: Jefferson County, Alabama
Case Name and Docket Number: Hall v. Escott, CV-05-2317

Rear-Ended at Red Light with Neck and Back Strain

Type of Injury: Back injury-Cervical and lumbar strain; General bruises and contusions
Severity Rating: Mild
Award/Settlement Amount: $925
Case Summary: Plaintiff, an 80-year-old female, alleged that Defendant rear-ended her while she was stopped at a red light. The plaintiff claimed she sustained cervical and lumbar strains, bruises and contusions from the collision. Defendant admitted that his car made contact with Plaintiff’s vehicle but contended that Plaintiff was not injured in this accident. Defendant relied on medical evidence and showed that plaintiff had pre-existing degenerative back and neck condition and had undergone fusion surgery from a prior motor vehicle accident. The case proceeded to trial on issues of causation and damages only. The jury returned a plaintiff verdict for $925 in damages.
Location: Jefferson County, Alabama
Case Name and Docket Number: Ghumra v. Allen, CV-04-2058

Rear-Ended In Two Crashes Causes Back, Neck, and Head Injuries

Type of Injury: Back, neck, and head injuries.
Severity Rating: Mild
Award/Settlement Amount: $6,500
Case Summary: Plaintiff was involved in two separate motor vehicle accidents. In the first accident, Plaintiff, while in the line and scope of her employment with Defendant 1, claimed that the vehicle she was operating was struck from behind by a vehicle being operated by Defendant 2. The second accident occurred two months after the first. In this accident, Plaintiff again was in the line and scope of her employment with Defendant 1 when she was struck from behind by another vehicle, being operated by Defendant 3. Plaintiff claimed that the combined effect of the two accidents caused her to suffer back, neck, and head injuries. Defendants admitted liability. The parties resolved the case for $6,500 in favor of Plaintiff before trial.
Location: Elmore County, Alabama
Case Name and Docket Number: Luster v. Kelly, CV-06-196

Case Examples: High-Impact Crashes

High-impact rear-end collisions happen when the rear vehicle is traveling at high speed or is much larger and heavier than the vehicle in front. Damages are also higher when the victim is in a vehicle subjected to more than one impact in a multi-vehicle collision.

A personal injury attorney should handle serious injury and wrongful death claims to maximize the claimant’s compensation. Most law firms offer a free consultation and personal injury case evaluation to car accident victims.

Rear-End Collision by 18 Wheeler Results in Neck and Back Injuries

Type of Injury: Neck, back, and leg pain
Severity Rating: Moderate
Award/Settlement Amount: $95,000
Case Summary: Defendant Driver was operating a log-filled eighteen-wheeler while acting in the course and scope of his employment with Defendant Employer. Plaintiff alleged that Defendant Driver negligently rear-ended Plaintiff’s vehicle while she was stopped to turn with her left turn signal on. Plaintiff suffered neck, back, and leg pain. Plaintiff further claimed that Defendant Driver had a history of armed robbery, four motor vehicle accidents, and at least three moving violations prior to his employment by Defendant Employer. Plaintiff contended that Defendant Employer was negligent for the wanton hiring and retention of an incompetent driver. Defendants contended that Plaintiff had pre-existing neck and back conditions and was not badly injured as a result of the rear-end collision. Plaintiff accepted $95,000 to settle her injury case before trial.
Location: Fayette County, Alabama
Case Name and Docket Number: Miller v. Morrison Logging, Inc., CV-07-026

Read-End Collision Injures Passenger of Vehicle Being Towed

Type of Injury: Plaintiff 1 – Back injury – soft tissue injury to the cervical area; Plaintiff 2 – Back injury-fractured cervical vertebrae
Severity Rating: Moderate
Award/Settlement Amount: $18,000 (highest award among two injured Plaintiffs)
Case Summary: Plaintiff 1 was traveling with a disabled motor vehicle in tow. Plaintiff 2 was a passenger in the disabled vehicle. Defendant rear-end the disabled vehicle being towed. The towed vehicle then collided with the vehicle Plaintiff 1 was driving. Plaintiff 1 claimed he sustained soft tissue injury to cervical area while Plaintiff 2 claimed he suffered fractured cervical vertebrae. Defendant argued that Plaintiffs were towing a vehicle with inadequate lighting and signage in heavy traffic. Defendant also claimed that plaintiff 1 was traveling at a dangerously low speed and that Plaintiff 2 was intoxicated at the time of collision. Jury returned a verdict in favor of both plaintiffs, awarding $18,000 to Plaintiff 1, and $13,000 to Plaintiff 2 for total against Defendant of $31,000.
Location: Houston County, Alabama
Case Name and Docket Number: Williams, Jr. v. Sherman, CV 2005-196/CV 2005-200

Rear-End Collision Forces Victim to Hit a Tree

Type of Injury: Fractured hand
Severity Rating: Moderate
Award/Settlement Amount: $18,971
Case Summary: Defendant was traveling below the posted speed limit in the inside northbound lane. Plaintiff was traveling in the outside northbound lane when a vehicle stopped in front of Defendant, and he swerved to avoid it. Defendant’s vehicle collided with Plaintiff’s vehicle, which caused her vehicle to leave the road and strike a tree. Plaintiff claimed she fractured her hand from the accident. Plaintiff testified that she did not believe Defendant intentionally caused the accident, and that he was operating under a sudden emergency and could not avoid the collision. Plaintiff was awarded $17,500 plus accrued costs of $1,471.50 in a bench verdict.
Location: Lee County, Alabama
Case Name and Docket Number: Green v. Davis, CV-07-148

Rear-End Accident by Company Vehicle Injures Unrestrained Minor

Type of Injury: Head injury – Facial, left eye; other-right hand injuries
Severity Rating: Moderate
Award/Settlement Amount: $25,000
Case Summary: Plaintiff, a minor, was a passenger in a vehicle operated by her step-father. Plaintiffs alleged that Defendant Driver, while operating Co-defendant Employer’s vehicle, cut in front of Plaintiffs’ vehicle. Plaintiff was unable to stop in time and rear-ended Defendant’s vehicle. The minor was not wearing a seat belt at the time of the collision. The minor had a cast on her left arm from a prior injury, and she raised it upon impact to protect herself. The airbag deployed, pushing the minor’s left arm into the left side of her face, injuring her left eye. Parties agreed to settle the claim for $25,000.
Location: Jefferson County, Alabama
Case Name and Docket Number: Smith v. Abbruzzo, CV-07-0310

Emergency Braking Leads to Rear-End Collision By Tractor Trailer

Type of Injury: Back injury – Cervical strain
Severity Rating: Moderate
Award/Settlement Amount: $60,000
Case Summary: Plaintiff was traveling north. Defendant Driver 1 was also traveling north on the same road and was racing another vehicle. Defendant Driver 1 passed Plaintiff on the left and, as that lane ended, Defendant Driver 1’s vehicle skidded across traffic before entering the median and overturning. Plaintiff was forced to slam on her brakes to avoid colliding with Defendant Driver 1’s vehicle as it slid across the highway. Defendant Driver 2, operating a tractor-trailer owned by Defendant 3, was directly behind Plaintiff’s vehicle at the time. When Plaintiff applied her brakes to avoid hitting Defendant Driver 1, Defendant Driver 2 was unable to stop in time and rear-ended Plaintiff’s vehicle. Plaintiff suffered Cervical strain from the accident. Defendant Driver 2 and Defendant 3 denied liability and cross-claimed against Defendant Driver 1. The Court returned a verdict of $60,000 in favor of Plaintiff verdict against Defendant Driver 1. The cross-claim also succeeded.
Location: Jefferson County, Alabama
Case Name and Docket Number: Chappell v. Clark, CV-03-5814

Rear-Ended Multiple Times by DUI Driver Injures Three Victims

Type of Injury: Plaintiff 1 – General Neck and back injuries; Plaintiff 2 – Soft tissue injuries to neck and back
Severity Rating: Moderate
Award/Settlement Amount: $30,000 (highest amount awarded to one of three injured plaintiffs)
Case Summary: Plaintiffs alleged that Defendant negligently allowed his vehicle to rear-end Plaintiffs’ vehicle multiple times. At the time of the accident, Plaintiff 1 was operating the vehicle with Plaintiff 2, a minor, and Plaintiff 3 as passengers. Plaintiffs made note of Defendant’s tag number as he fled the scene. Defendant failed to stop but was involved in another motor vehicle accident about one hour later, where he was arrested for driving under the influence. Plaintiff 1 said he suffered neck and back injuries. Plaintiff 3 sustained soft tissue injuries to his neck and back. Defendant admitted liability but argued that Plaintiff 1’s treating physicians recorded degenerative findings in his diagnosis. The jury found for Plaintiffs in the car accident case. Plaintiff 1  was awarded $5,000 in compensatory damages and $25,000 in punitive damages; Plaintiff 2 and Plaintiff 3 were each awarded $5,000; for a total of $40,000 against defendant.
Location: Montgomery County, Alabama
Case Name and Docket Number: Hill v. Peruzzi, CV-06-3046

Sun Glare Rear-End Collision with Neck, Back, Chest, and Head Injuries

Type of Injury: Neck, back, chest, and head injuries; others-strains and lower back pain
Severity Rating: Severe
Award/Settlement Amount: $252,330
Case Summary: Plaintiff was stopped on a road to make a left turn when she was rear-ended by defendant. Plaintiff sustained neck, back, chest, and head injuries. Defendant stated that she had slowed down due to the sun’s brightness. At that point, Defendant looked down to get her sunglasses but when she looked up, she saw that Plaintiff’s vehicle was too close. Although Defendant pumped her brakes and attempted to avoid hitting Plaintiff’s vehicle by swerving to the right onto the gravel shoulder of the road, she made contact with the right rear portion of Plaintiff’s vehicle. Jury returned a $252,330.48 verdict for Plaintiff, inclusive of $602 in court costs and $1,728.48 in deposition fees.
Location: Madison County, Alabama
Case Name and Docket Number: McIntosh v. Roberts, CV-05-1617

Rear-End Tractor Trailer Collision with Herniated Disc and Nerve Damage

Type of Injury: Back injury – Disc herniation and acute denervation injury at C7 resulting in loss of sensation, cervical pain, and radiculopathy; chronic lumbar radiculopathy
Severity Rating: Severe
Award/Settlement Amount: $760,000
Case Summary: Plaintiff was driving and encountered an accident on the road. He slowed down, without skidding or slamming on his brakes, and came to a complete stop to wait for traffic to clear. Plaintiff claimed that he had been stopped for at least five seconds when Defendant Driver, an employee of Co-defendant, failed to stop his tractor-trailer rig and struck the rear of Plaintiff’s vehicle. Defendant Driver was traveling at approximately fifty-five miles per hour when the collision occurred. Plaintiff suffered disc herniation and acute denervation injury at C7 resulting in loss of sensation among other injuries. Plaintiff’s wife filed a loss of consortium claim. Defendants admitted liability. Case proceeded to trial on causation and damages. The jury awarded Plaintiff $760,000.
Location: Mobile County, Alabama
Case Name and Docket Number: Jorgensen v. Mickles, CV-02-1933

Rear-Ended While Braking for Debris In the Road

Type of Injury: General back and shoulder injuries
Severity Rating: Severe
Award/Settlement Amount: $260,000
Case Summary: Plaintiff claimed that he was traveling south on the bridge over a dam when the driver of a pick-up truck in front of him negligently allowed a two-foot metal pipe to fall off the back of his vehicle in front of Plaintiff’s vehicle. Plaintiff further claimed that when he saw the pipe, he applied his brakes in an attempt to avoid hitting the fallen pipe and was rear-ended by a vehicle operated by Defendant. Plaintiff sustained back and shoulder injuries. Defendant’s liability carrier agreed to settle the bodily injury claim for $260,000 in favor of Plaintiff.
Location: Lauderdale County, Alabama
Case Name and Docket Number: Landsdell v. Embry, CV-01-656

Methodology

The case information and payout amounts listed above are from actual Alabama rear-end accident cases. We researched injury lawsuits filed on behalf of injured plaintiffs, which often settle out of court before going all the way to trial.

Some cases have more than one injured plaintiff involved in the same accident. For purposes of accurately analyzing settlement amounts, we used the highest payout received by one plaintiff in a multi-plaintiff case.

Average settlement amounts are calculated by adding the settlement amount for each case in a particular category, then dividing by the number of cases in that category.

Explore average payouts for rear-end car accident claims in Iowa. Find real cases similar to yours.

Rear-end collisions are the most common type of accident in the United States, accounting for 29 percent of all car crashes. Nearly half of all Iowa work-zone crashes are rear-end collisions.

The average injury settlement for an Iowa rear-end collision is $86,249 based on our sample population. Actual settlement amounts ranged from $1,461 for minor soft-tissue injuries to $439,631 for severe injuries.

Average Payouts for Iowa Rear-End Collisions

Average Payout by Severity of Injury
Minor Injury	$5,085
Moderate Injury	$28,662
Severe Injury	$208,547
Payout Range by Type of Injury
Back and Neck Injuries	$2,025 – $439,630
Head Injuries	$20,155 – $248,252

Factors Affecting Iowa Rear-End Settlement Amounts

The scope and severity of injuries is the biggest factor in the amount of compensation. Medical bills, lost wages, and related out-of-pocket expenses are all included in settlement calculations.

Other key factors include:

• Crash Type: Insurance adjusters (and juries) are influenced by the circumstances of a collision. For example, they are more inclined to accept a victim’s claim for extensive treatment after a speeding tractor-trailer rear-ended their car than after a low-speed fender bender between two sedans.
• Shared Fault: Iowa is a modified comparative fault state, meaning that if you are 50 percent or less to blame for causing the crash, your payout can be reduced according to your percentage of fault. If you are more to blame than the other party, you may be barred from receiving compensation.
• Coverage Limits: Iowa law requires minimum liability coverage of $20,000 per person and $40,000 per accident for bodily injury, and $15,000 for property damage. The minimum coverage might not be enough to cover severe injuries.
• Multiple Claimants: Similarly, even when the at-fault driver or car owner has higher coverage limits, it may not be enough to go around when multiple people are injured in a crash.
• Optional Coverage: Insurance companies are required by law to offer uninsured and underinsured motorist coverage to Iowa policyholders, who have the right to decline those coverages. Without uninsured motorist coverage, there may be no funds available after an accident caused by a hit-and-run or uninsured driver.
• Venue and Jurisdiction: Some courts have a reputation for juries that tend to favor injury victims with large awards. In these venues, the adjuster may offer you more to keep your case out of the courtroom.
• Punitive Damages:  Punitive damages can only be awarded by a judge or jury in a court trial. Iowa law allows punitive damage awards when the jury decides the at-fault party displayed a “willful and wanton disregard for the rights or safety of another.“

Neck and Back Injury Case Examples

Neck and back injuries are commonly associated with rear-end collisions. The force of impact coming from behind causes the head and body to jolt forward and slam back against the seat, often resulting in whiplash neck injuries. The same forces impact the entire spine and back, potentially resulting in sprains, strains, and disc herniations.

Accident from Following Too Closely with Neck and Back Strain

Type of Injury: Lower back and neck injuries-cervical and lumbar strain
Severity Rating: Minor
Award/Settlement Amount: $2,907.55
Case Summary: Plaintiff’s vehicle was struck from behind by a vehicle being driven by defendant. Co-defendant owned the car defendant was driving. Plaintiff claimed defendant was negligent in following too closely, failing to control her vehicle, and failing to yield. Plaintiff claimed she sustained cervical and lumbar strain from the accident. The defendants admitted responsibility for the accident but denied the accident caused plaintiff’s damages. A jury awarded plaintiff damages totaling $2,907.55 for medical expenses and pain and suffering
Location: Linn County, Iowa
Case Name and Docket Number: Neuleib v. Miller, IACV041579

Rear-Ended at Stop Light with Soft Tissue Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Severity Rating: Minor
Award/Settlement Amount: $4,606.81
Case Summary: As Plaintiff 1 drove her vehicle southbound in the inside lane of a Street, Plaintiff 2 rode as a passenger. At the same time, Defendant traveled behind plaintiffs’ vehicle. Traffic stopped for a red light and defendant rear-ended plaintiffs’ vehicle. Both plaintiffs claimed soft tissue neck and back injuries. Defendant admitted to the accident. He denied, however, being the cause of the plaintiffs’ alleged injuries and damages. Jury found in favor of plaintiff 1 and awarded her $4,606.81. Jury found in favor of the defendant in Plaintiff 2’s claim, as Plaintiff 2’s medical record showed he had significant neck and back problems from a previous accident which impacted the outcome.
Location: Scott County, Iowa
Case Name and Docket Number: Cooke v. Ruser, 103291

General Back Injuries from Three Car Rear-End Accident

Type of Injury: General Back injuries
Severity Rating: Minor
Award/Settlement Amount: $6,360.76
Case Summary: Defendant’s vehicle struck the rear of another vehicle, which in turn struck the rear of plaintiff’s vehicle, which was stopped in traffic. Plaintiff said she suffered back injuries and property damage upon impact. Defendant responded by admitting negligence but disputing that his negligence caused the plaintiff’s damages. Defendant asserted that plaintiff failed to mitigate her damages by not wearing a seat belt and not getting medical attention soon enough after the accident. Jurors put all of the blame for the chain reaction crash on Defendant. The jurors awarded plaintiff $1,590.76 for medical expenses, and $4,770 for pain and suffering.
Location: Dubuque County, Iowa
Case Name and Docket Number: Van Cleve v. Jansen, 01311-IACV052806

Hitting Stopped Car with Neck and Lower Back Injuries

Type of Injury: Back and neck injuries-cervical and lumbar spine
Severity Rating: Minor
Award/Settlement Amount: $10,236
Case Summary: Plaintiff was traveling east. She approached a stop sign and came to a complete stop as she waited to turn onto another Street. At the same time, defendant, in a vehicle owned by co-defendant, traveled east. Defendant failed to come to a complete stop and ran into the rear end of plaintiff’s vehicle. As a result of the accident, plaintiff said she suffered cervical and lumbar spine injuries. Defendant and his company denied all allegations, but offered a confession/settlement that was declined. The jury awarded plaintiff $10,263 in damages. Judge ordered that the plaintiff pay any costs assessed after the confession date.
Location: Polk County, Iowa
Case Name and Docket Number: Beck v. Nelson, CL 94781

Rear-End Crash with Hip and Leg Injury

Type of Injury: Soft tissue hip and leg injuries.
Severity Rating: Minor
Type of Accident: Rear-End
Award/Settlement Amount: $1,461.27
Case Summary: Defendant struck plaintiff’s vehicle from behind. Plaintiff claimed soft tissue hip and leg injuries as a result if the impact. Defendant admitted that a collision had occurred, but denied fault and causation of injury. A jury returned a unanimous verdict for the plaintiff, awarding him $241.27 for medical expenses, $600 for pain and suffering, and $600 for loss of body function. They awarded no damages for lost wages, future pain and suffering, or future loss of function. Judge ordered the award on the same day, with costs assessed against the defendant.
Location: Linn County, Iowa
Case Name and Docket Number: Worcester v. Stoddard, IACV 40834

Chain Reaction Rear-End Crash with Soft Tissue Injuries

Type of Injury: Soft tissue neck and back injuries
Severity Rating: Minor
Type of Accident: Rear-End
Award/Settlement Amount: $8,000.00
Case Summary: As the traffic in front of plaintiff got heavy, he slowed down. Another driver, who was in the vehicle behind plaintiff, did the same. At the same time, the non-party’s vehicle was rear-ended by defendant, causing the non-party driver to rear-end plaintiff’s vehicle. Plaintiff claimed soft tissue neck and back injuries. Defendant admitted he caused the collision and was liable for plaintiff’s injuries but questioned the extent of plaintiff’s damages. A jury found in plaintiff’s favor, awarding $5,000 for past physical pain and suffering, $1,500 for future physical pain and suffering and $1,500 for medical expenses, totaling $8,000 in damages.
Location: Woodbury County, Iowa
Case Name and Docket Number: Conrad v. Flanagan, IACV130821

Failure to Maintain Safe Distance with Minor Neck and Back Injuries

Type of Injury: Neck and lower back injuries
Severity Rating: Minor
Award/Settlement Amount: $2,024.75
Case Summary: According to Plaintiff, Defendant failed to maintain a safe distance from her vehicle and crashed into the rear of plaintiff’s vehicle. Plaintiff claimed she sustained injuries to her neck and lower back from the accident. The defendant initially denied all allegations and asked the court to dismiss plaintiff’s petition. He later made two offers to confess judgment – the first for $2,200 and the second for $2,500, that Defendant declined. He continued to deny, however, the nature and extent of the plaintiff’s alleged damages. A jury determined defendant owed plaintiff $2,024.75 for past medical expenses and past pain and suffering.
Location: Johnson County, Iowa
Case Name and Docket Number: Smull v. Wheeler, IACV065473

Failure to Maintain Control Causes Lower Back Strain

Type of Injury: Soft tissue lumbosacral strain-lumbar spine in back
Severity Rating: Moderate
Award/Settlement Amount: $36,513.00
Case Summary: According to Plaintiff, Defendant driver failed to maintain control and crashed into plaintiff’s vehicle from the rear. Plaintiff said she suffered soft tissue lumbosacral strain resulting in 5% permanent partial disability to lumbar spine in back. Both defendants argued that Plaintiff negligently operated her vehicle by failing to maintain a proper lookout and failing to operate her vehicle in a manner indicative of the traffic conditions. Defendant driver later admitted to negligence but continued to deny the extent and cause of the plaintiff’s injuries. A jury unanimously determined defendant driver’s negligence was a proximate cause of plaintiff’s damages. The jury awarded plaintiff $36,513.
Location: Scott County, Iowa
Case Name and Docket Number: Rangel v. Walker, 103175

DUI Rear-End Crash with Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Severity Rating: Moderate
Award/Settlement Amount: $40,000
Case Summary: Plaintiff was stopped at a stop sign when Defendant struck her car from behind. Defendant was under the influence of alcohol, eventually pleading guilty to a violation of State law. Plaintiff claimed soft tissue neck and back injuries resulting in 5% permanent partial disability of neck and 5% permanent partial disability of low back. She sought compensatory damages for medical expenses, pain and suffering, disability and punitive damages. At trial, defendant acknowledged negligence but still denied liability. A jury returned a verdict, awarding plaintiff $24,247 for medical expenses, disability, and pain and suffering, and $15,753 for punitive damages.
Location: Dubuque County, Iowa
Case Name and Docket Number: Gibbs v. Sanders, IACV 052811

Rear-End Tractor Trailer Crash with Multiple Injuries

Type of Injury: Neck and back injuries-Multiple contusions, cervical and lumbar spine injuries , headaches and aggravation of preexisting spinal stenosis and reflex sympathetic dystrophy; right shoulder injury
Severity Rating: Moderate
Award/Settlement Amount: $22,835.66
Case Summary: Plaintiff was operating a semi-truck tractor trailer, while defendant drove her own car. According to Plaintiff, defendant attempted to make a U-turn across the median when a second semi-truck, hit defendant’s vehicle from the rear. Plaintiff’s truck then struck the second semi. Plaintiff claimed multiple contusions, cervical and lumbar spine injuries with radiating pain, headaches, right shoulder problems and aggravation of preexisting spinal stenosis and reflex sympathetic dystrophy. Defendant admitted an accident occurred, but counterclaimed against plaintiff. Plaintiff denied negligence. The jury found defendant at fault and the proximate cause of plaintiff’s damages and awarded plaintiff $22,835.66.
Location: Polk County, Iowa
Case Name and Docket Number: Heiter v. Hildebrand, CL 97040

Two Rear-End Accidents with Back and Neck Injuries

Type of Injury: Neck and back injuries
Severity Rating: Moderate
Award/Settlement Amount: $23,805
Case Summary: Plaintiff was involved in two motor vehicle accidents. In the first, plaintiff said he stopped his vehicle at an intersection, when Defendant Driver 1 rear-ended him. The impact caused plaintiff’s vehicle to strike the preceding vehicle, which resulted in significant damage and totaled his vehicle. The second accident took place approximately seven days later. At this time, plaintiff stopped for a red light. While he waited for the light to turn, Defendant Driver 2 rear ended him. Plaintiff suffered neck and back injuries and held the defendants jointly responsible for his damages. Defendants admitted they rear-ended plaintiff but denied the extent of his injuries. Defendants offered $4,413.33 plus court costs. Plaintiff did not accept the offer, and the case proceeded before a jury. Jury awarded plaintiff $14,445 from Defendant Driver 1 and $9,630 from Defendant Driver 2.
Location: Scott County, Iowa
Case Name and Docket Number: Phelps v. Wilhite, 103460

Rear-End Accident Causes Disc Damage

Type of Injury: Neck injury-Herniated disc at C4-C6
Severity Rating: Severe
Award/Settlement Amount: $118,500.00
Case Summary: As Plaintiff stopped to turn left, Defendant rear-ended her vehicle. Plaintiff claimed she sustained herniated disc at C4-6 requiring fusion surgery as a result of the collision. Defendant admitted he was negligent but denied the majority of the other claims made against him. He also denied being the cause of the damages claimed by plaintiff. A jury found for plaintiff, awarding her $18,100 for past medical expenses, $46,800 for future medical expenses, $5,000 for loss of earning capacity, $2,000 for past loss of function, $14,000 for future loss of function, $3,600 for past physical and mental pain and suffering, $28,500 for future physical and mental pain and suffering. It also awarded $500 to for loss of spousal consortium.
Location: Linn County, Iowa
Case Name and Docket Number: Steil v. Albrecht, IACV044033

High Speed Rear-End Crash with Partial Disability Back Injury

Type of Injury: Soft tissue back injuries and bulging disc at L4-L5
Severity Rating: Severe
Award/Settlement Amount: $128,000
Case Summary: Plaintiff claimed that Defendant failed to maintain a proper lookout, followed too closely, and drove at an excessive rate of speed when defendant rear-ended plaintiff’s vehicle. Plaintiff sought damages for soft tissue back injuries and bulging disc at L4-L5 resulting in 2% permanent partial disability to lumbar spine, health care expenses, loss of wages and earning capacity, pain and suffering, loss of function and loss of enjoyment of life. Defendany failed to respond. The Judge entered judgment against defendant and in favor of plaintiff for $125,000 plus interest from the date of filing.
Location: Dubuque County, Iowa
Case Name and Docket Number: Mansch v. Miller, IACV 054119

Failure to Keep Proper Lookout Aggravates Pre-Existing Condition

Type of Injury: Aggravation of pre-existing lower back condition
Severity Rating: Severe
Award/Settlement Amount: $92,250.00
Case Summary: Plaintiff traveled east in a van and stopped to make a left turn into a convenience store parking lot. At the same time, defendant drove a car east. According to plaintiff, defendant failed to keep a proper lookout and collided into the rear of his van. Plaintiff claimed the accident resulted in aggravation of her pre-existing lower back condition. Defendant admitted liability but denied other allegations. Jurors found Plaintiff 10% at fault for the accident and defendant 90% at fault. After an initial award of $102,500 to plaintiff, Judge reduced the award to $92,250 based on fault apportionment.
Location: Dubuque County, Iowa
Case Name and Docket Number: Eilers v. Polfer, IACV053805

Rear-End Accidents Aggravate Pre-Existing Conditions

Type of Injury: Aggravation to pre-existing lower back, buttock and leg condition
Severity Rating: Severe
Award/Settlement Amount: $208,200.00
Case Summary: Over a period of seven months, Plaintiff was involved in three separate motor vehicle accidents. In the first, Defendant Driver 1 crashed into the rear of her vehicle. In the second, her husband drove a vehicle in which she rode as a passenger. At that time, Defendnat Driver 2 drove out of a parking lot and struck plaintiff’s vehicle. In the third, two vehicles traveled behind her. Defendant Driver 3 rear-ended another driver, who in turn rear-ended plaintiff. Plaintiff stated the three accidents caused aggravation of a pre-existing lower back, buttock and leg condition. Defendant Driver 1 acknowledged responsibility for rear-ending plaintiff’s vehicle but denied all other allegations. Defendant Driver 2 admitted striking plaintiff’s vehicle but denied all other allegations. Defendant Driver 3 simply denied all allegations. Jurors found in favor of plaintiff and awarded her a total of $208,200 in damages.
Location: Scott County, Iowa
Case Name and Docket Number: Leedham v. Plowman, 104441

Rear-End Collision with Severe Neck and Back Injuries

Type of Injury: Back injuries-cervical strain, disc protrusions at C4-C5, C5-C6 and C6-C7 superimposed on spondylosis at C4; mid thoracic disc protrusions at T5-T6 and T8-T9 and cord compression
Severity Rating: Severe
Award/Settlement Amount: $225,000
Case Summary: Plaintiff was stopped in traffic when his vehicle was rear-ended by a vehicle operated by Defendant and leased from co-defendant, forcing it into another vehicle. Plaintiff had been involved in another collision three days prior to this collision. Plaintiff alleged that he suffered cervical and thoracic disc protrusions as a direct result of the accident, resulting in sexual dysfunction, incontinence, 25% disability of cervical spine, 20% disability of thoracic spine and 5% disability of lumbar spine; and he was unable to engage in his career as a violin maker due to his injuries. Defendants admitted liability, but contended that plaintiff’s injuries were psychological in origin and not proximately related to the collision. The jury entered a verdict in favor of Plaintiff, awarding $225,000.
Location: Polk County, Iowa
Case Name and Docket Number: Ross v. RFT Corp., 1070539

Passenger of Rear Vehicle Severely Injured in Crash

Type of Injury: Soft tissue neck injuries and bruised knee
Severity Rating: Severe
Award/Settlement Amount: $439,630.50
Case Summary: Plaintiff was a passenger in a vehicle operated by her friend, Defendant. The parties were traveling northbound. As their car approached the intersection, plaintiff shouted at defendant to stop because the traffic light was red. Defendant, who was driving approximately 35 m.p.h., was unable to stop and rear-ended the vehicle in front of her. The impact was so severe that defendant’s car ricocheted off the vehicle it had struck and rolled to the side of the road. Plaintiff suffered soft tissue neck injuries and bruised knee requiring physical therapy and resulting in 40% permanent partial disability of cervical spine. Defendant contended that plaintiff was exaggerating the extent of her injuries. Jury found for plaintiff and awarded her $439,630.50.
Location: Linn County, Iowa
Case Name and Docket Number: Parrott v. Meinecke, IACV039835

Head Injury Case Examples

Head injuries, including traumatic brain injuries, are often caused by rear-end collisions. The head can be violently jolted forward and back from the crash impact, at times hitting the window or other hard surfaces inside the vehicle. High-speed crashes caused by larger vehicles are more likely to result in extensive injuries.

Headaches and Neck Strain from Multiple-Vehicle Rear-End Crash

Type of Injury: Headaches and a cervical strain
Severity Rating: Moderate
Award/Settlement Amount: $20,154.50
Case Summary: Plaintiff was driving west and came to a stop in the left lane, in order to make a left turn. As plaintiff yielded to oncoming traffic, defendant rear-ended the vehicle directly ahead of him, who then rear-ended another vehicle directly behind plaintiff’s car, who finally rear-ended plaintiff. Plaintiff claimed he sustained a cervical strain with headaches. Defendant admitted to negligence but denied the plaintiff’s specific allegations as to the reasons for negligence. He asserted the plaintiff failed to mitigate his damages, failed to wear his seat belt and submitted excessive medical expenses. A jury found plaintiff sustained damages as a result of the accident and awarded him $20,154.50 for past medical expenses and past and future pain and suffering.
Location: Dubuque County, Iowa
Case Name and Docket Number: Kruser v. Kotz, 90670

Avoiding Rear-End Crash Resulting in Head and Brain Injuries

Type of Injury: Brain injury, memory loss, injury to nerve in right eye, broken left arm, headaches, double vision
Severity Rating: Severe
Award/Settlement Amount: $248,251.84
Case Summary: Defendant drove a semi-truck and trailer, owned by co-defendant when he collided into the back of a minivan stopped for traffic. In an effort to avoid that accident, Plaintiff, eastbound on the same Highway, lost control of her vehicle, drove off the road and struck a mobile home. Plaintiff suffered severe injuries including brain injury, memory loss, injury to nerve in right eye, broken left arm, headaches and double vision. In their joint answer, the defendants admitted defendant rear-ended a vehicle but denied any fault in plaintiff’s accident. Jury found defendant 60% at fault and plaintiff 40% at fault for the accident. Jury awarded plaintiff $413,753.08, later reduced to $248,251.84 per fault apportionment.
Location: Johnson County, Iowa
Case Name and Docket Number: Winland v. Davis, IACV 064573

Methodology

We researched and analyzed real Iowa car accident cases to get the payouts and settlement ranges detailed above. Many cases settled out of court, while some cases went to trial and won a monetary award.

Averages are calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group. In cases with more than one plaintiff, we used the highest settlement awarded to one victim to represent the payoff for that case.

See the average payouts for rear-end car accident injuries in Hawaii. Find cases with injuries like yours for comparison.

Rear-end collisions are the most common type of accident in the United States, accounting for 29 percent of all car crashes.¹

The average injury settlement for a moderate rear-end collision in Hawaii is $20,400 based on our sample group of cases. Individual settlement amounts ranged from $595 for minor soft-tissue injuries to $374,000 for severe neck and back disc injuries.

Average Payouts for Hawaii Rear-End Collisions

Our payout data comes from a collection of actual rear-end collisions in Hawaii. The collection does not include wrongful death cases or claims that were denied without payment.

Average Payout by Severity of Injury
Minor Injury	$4,400
Moderate Injury	$20,400
Severe Injury	$374,000

Neck and back injuries are the predominant injuries in our rear-end accident group.

Factors Affecting Hawaii Settlement Amounts

The overriding factor in calculating an injury settlement is the scope and severity of the claimant’s injuries. Car accident victims in Hawaii with minor to moderate injuries may be limited to settling for their medical bills and lost wages. Those with serious injuries can pursue compensation for all damages, including pain and suffering.

Key factors that may influence your settlement:

• No-Fault Rules – Hawaii is a no-fault insurance state. You and your passengers must first file your injury claim under your Personal Injury Protection (PIP) coverage, regardless of who caused the crash. PIP does not pay for non-economic damages.
• Contributory Negligence Rules – If your injuries are serious enough to cross the no-fault threshold, you can file a claim against the at-fault driver’s policy, or sue the at-fault driver, even if you contributed to the cause of your injuries. You are eligible for compensation so long as you are equally or less to blame for your injuries than the other driver. Your potential payout will be reduced according to your share of fault.
• Liability Limits – Drivers in Hawaii are required to carry minimum bodily injury liability coverage of $20,000 per person and $40,000 per accident. The minimum liability coverage may not be enough to cover severe injury damages.
• Multiple Claimants – When multiple people are seriously injured in the same accident, the at-fault driver’s liability limits may not be enough to go around. The insurance company may ask the court to decide how to distribute the available funds.
• Uninsured (UM) and Underinsured (UIM) Coverage – Insurers are required by law to offer optional uninsured and underinsured motorist coverage to policyholders. Your final payout will be higher if you can make a UM or UIM claim for injuries.
• Location – Courts in some venues and jurisdictions are known for high jury awards to car accident plaintiffs. The insurance company may offer a better settlement to keep your case out of court.
• Non-Economic Damage Caps – Hawaii lawmakers have placed limits on non-economic damages (like pain and emotional distress) to $375,000 in most personal injury cases.

Minor Injury Case Examples

Minor injuries from a rear-end collision are usually soft-tissue injuries such as sprains, strains, bruising, and scrapes. Most victims fully recover within a week or two with no lingering issues.

Rear-End Collision Without Vehicle Damage

Type of Injury: Soft tissue back and neck injuries
Award/Settlement Amount: $595
Case Summary: Defendant rear-ended plaintiff’s vehicle. Plaintiff had previously undergone cervical fusion due to a work-related injury and was involved in two prior auto accidents with neck and back injuries. Defendant admitted liability and disputed causing plaintiff’s damages. Plaintiff alleged that his prior injuries had substantially resolved prior to the accident and that he suffered soft tissue neck and back injuries in the collision. Defendant contended that: neither vehicle sustained property damage in the collision; plaintiff had prior claims with identical complaints; and plaintiff was not injured in the collision. Jury awarded plaintiff $595 in economic damages only.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Kramer v. Ellett, 24890

Rear-End Crash with Bruising and Sore Back

Type of Injury: Contusions and soft tissue back injuries.
Award/Settlement Amount: $2,500
Case Summary: Plaintiffs, a female driver and two elderly male passengers, were in an automobile and proceeding across an elevated bridge. Defendant was traveling in the same direction. Defendant attempted to pass plaintiffs’ vehicle on the left by pulling into the oncoming lane of traffic. When defendant observed a third vehicle attempting to pass his vehicle on the left, he swerved back into his prior lane of travel and struck the left rear portion of plaintiffs’ automobile. Plaintiffs claimed contusions and soft tissue back injuries. Defendant contended that he was confronted with a sudden emergency and that plaintiffs were exaggerating their injuries. Jury awarded plaintiffs $2,500 each.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Tojio v. Panozzo, 13–1–1898; CAAP–15–0000469

Low Impact Rear-End Crash with Neck Sprain

Type of Injury: Soft tissue neck injury
Award/Settlement Amount: $4,131.00
Case Summary: Plaintiff and defendant were traveling in the same direction. An unidentified vehicle pulled out in front of plaintiff’s automobile. Plaintiff stopped suddenly and defendant rear-ended plaintiff’s automobile, resulting in $250 in property damage. Plaintiff suffered soft tissue neck injury. Plaintiff alleged that defendant was negligent in failing to stop in time to avoid a collision. Defendant contended that plaintiff stopped suddenly due to an unknown reason and that the accident was unavoidable. Defendant further contended that the impact was minimal and that plaintiff was exaggerating the extent and severity of her injuries. Plaintiff’s award of $8,100 less 49% comparative negligence yielded a net verdict of $4,131.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Dana v. Clouse, 10-1-2336

Rear-Ended at Stop Sign with Neck Sprain

Type of Injury: Neck sprain
Award/Settlement Amount: $10,300
Case Summary: Plaintiff was stopped at a stop sign when defendant rear-ended her automobile. The Court entered a summary judgment against defendant on the issue of liability and the trial proceeded on the issue of damages. Plaintiff alleged that she suffered a sprained neck in the accident, resulting in 8-10% permanent disability of the neck. Defendant contended that: plaintiff was diagnosed with cervical osteoarthritis by her family physician prior to the accident; plaintiff treated with another physician following the accident; and plaintiff failed to disclose the prior diagnosis to her treating physician or her attorney. Jury awarded plaintiff $10,300.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Burpee v. Garibay, 00–1–3849

Moderate Injury Case Examples

Moderate injuries from rear-end collisions include more extensive soft tissue injuries, like some whiplash neck injuries, uncomplicated fractures, and disc injuries.

Moderate injuries might keep you out of work for several weeks, waiting for a fracture or slipped disc to heal. Some physical therapy may be necessary to get back on your feet.

Rear-End Accident with Aggravation of Pre-Existing Back Condition

Type of Injury: Soft tissue Lumbar injuries and headaches
Award/Settlement Amount: $14,335
Case Summary: Plaintiff was came to a stop in heavy traffic and his vehicle was rear-ended by a vehicle driven by defendant, in the course of his employment with co-defendant. Plaintiff claimed he suffered soft tissue Lumbar injuries and headaches. Defendant driver admitted liability for causing this minor accident, but disputed injury causation and damages. Defendants argued that plaintiff had a pre-existing degenerative condition and was involved in a prior motor vehicle accident with similar injuries. The jury awarded $14,335 to plaintiff for economic damages only.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Savini v. University of Hawaii, 26747

Multi-Car Rear-End Accident with Neck and Back Injuries

Type of Injury: Soft tissue back and neck injuries
Award/Settlement Amount: $15,000
Case Summary: Defendant rear-ended Plaintiff1’s vehicle, pushing it into Plaintiff2’s vehicle. Two separate cases were consolidated for trial. Both plaintiffs claimed soft tissue back and neck injuries as a direct result of the accident. Defendant did not admit liability, but did not seriously contest it. Defendant contended that both plaintiffs were exaggerating the extent of their injuries. Jury returned a plaintiff verdict for $30,000: $15,000 to each plaintiff.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Udac v. Takata Corp, 28328

Rear-Ended by Taxi with Herniated Discs in Neck, Soft-tissue Back Injuries

Type of Injury: Herniated disc at C5-C6 in neck; Others-Soft tissue back injuries.
Award/Settlement Amount: $16,500
Case Summary: Plaintiff and defendant were traveling west. Defendant1, operating a taxicab for Defendant2, had stopped in the breakdown lane at the top of a hill after missing his exit. Defendant1 was attempting to make a sharp right turn onto the exit ramp when plaintiff crested the hill and struck the left rear portion of defendants’ taxicab. Plaintiff suffered herniated disc at C5-C6 in neck and soft tissue back injuries. Defendants contended that: plaintiff rear-ended the taxicab while defendant driver was completely in the breakdown lane; plaintiff was traveling too fast and, therefore, was unable to maintain control of his vehicle; and plaintiff failed to pay full time and attention to the operation of his vehicle. Plaintiff’s award of $27,500 jointly against both defendants less 40% comparative negligence yielded a net verdict of $16,500.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Mobley v. Kimura, 12-0001090

Rear-End Collision with Neck and Elbow Injuries

Type of Injury: Neck and elbow injuries in the collision
Award/Settlement Amount: $35,785
Case Summary: Plaintiff was stopped at a red light. Defendant dropped a lit cigarette, took his eyes from the road and rear-ended plaintiff’s vehicle. Plaintiff alleged that defendant was negligent in failing to pay full time and attention to the operation of his vehicle and that she suffered neck and elbow injuries in the collision. Defendant did not admit liability, but did not seriously contest it. Defendant contended that plaintiff was not severely injured in the collision. Jury returned a plaintiff verdict. Plaintiff’s award of $29,580 plus offer of judgment interest of $6,205 yielded a total verdict of $35,785 including: $5,271 economic and $24,309 non-economic damages.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Willis v. Swain, SCWC–29539

Severe Injury Case Examples

Severe rear-end accident injuries can happen when the rear vehicle is bigger and heavier than yours, you are hit at a high rate of speed, or there is a chain-reaction collision with multiple cars. Severe injuries include debilitating back and neck injuries, brain injuries, disfigurement, and spinal cord damage.

Rear-Ended by Tractor-Trailer with Cervical and Lumber Disc Herniations

Type of Injury: Cervical and lumbar bulges and herniations
Award/Settlement Amount: $374,000
Case Summary: Plaintiff was driving her vehicle when she was rear-ended by a tractor-trailer driven by Defendant. Defendant was traveling at 55 to 60 mph when he moved from the left lane to the right lane and struck the rear of plaintiff’s vehicle. Plaintiff’s vehicle spun out of control and hit a roadway median. Plaintiff claimed cervical and lumbar bulges and herniations as a direct result of this accident, and sought economic and non-economic damages. Defendants admitted liability on the eve of trial but contended that plaintiff exaggerated her injuries and had recovered. Defendants further noted that plaintiff was able to continue with normal life activities. Jury awarded plaintiff $374,000 against both defendants.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Kienker v. Bauer, SCWC–25856

Methodology

The averages and ranges provided are derived from an analysis of actual car accident injury cases filed in Hawaiian courts. Each case arises from a rear-end motor vehicle accident, and each case was resolved through a settlement or court award.

Averages are calculated by adding the payout for each case in a group, then dividing by the number of cases in the group. For cases with more than one plaintiff, we used the highest payout issued to one plaintiff, to avoid overstating what one victim might receive in similar circumstances.

Explore average settlements and court awards for rear-end car accidents in Arkansas. Find real case examples similar to yours.

Rear-end collisions are the most common type of accident in the United States, accounting for 29 percent of all car crashes.

The average settlement for a moderate rear-end collision in Arkansas is $39,500. Actual payout amounts ranged from $2,000 for minor soft-tissue injuries to $300,000 for severe injuries.

Average Payouts for Arkansas Rear-End Collisions

Average Payout by Severity of Injury
Minor Injury	$6,100
Moderate Injury	$39,500
Severe Injury	$270,000
Payout Range by Type of Injury
Neck and Back Injuries	$2,000 - $300,000
Head Injuries	$5,500 - $78,600

Factors Affecting Arkansas Rear-End Settlement Amounts

The extent and severity of injuries is the primary factor in the amount of compensation. Medical bills, lost income, out-of-pocket expenses, and an amount to account for the victim’s pain and suffering are included in settlement calculations.

Other key factors include:

• Crash Type: Insurance adjusters (and juries) are influenced by the circumstances of a rear-end collision. Higher compensation will be offered for injuries from a speeding tractor-trailer rear-ending the victim’s car, than for a low-impact rear-end collision with minor damage to the cars.
• Shared Fault: Arkansas is a modified comparative fault state, meaning that if you are 49 percent or less to blame for causing the crash, your payout can be reduced according to your percentage of fault. If you are equally or more to blame than the other party, you may be barred from receiving compensation.
• Coverage Limits: Arkansas law requires minimum liability coverage of $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage. The minimum coverage won’t be enough to cover severe injuries.
• Multiple Claimants: Even when the at-fault driver or car owner has higher coverage limits than the minimum required by law, it may not be enough to go around when multiple people are injured in a crash.
• UI and UIM Coverage: Insurance companies are required by law to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage to Arkansas policyholders, who have the right to decline those coverages. Without uninsured motorist coverage, there may be no funds available after an accident caused by a hit-and-run or uninsured driver.
• Venue and Jurisdiction: Some courts have a history of large jury awards to car accident victims. In these venues, the adjuster may offer you more to keep your case from going to trial.
• Punitive Damages:  Punitive damages can only be awarded by a judge or jury in a court trial. Arkansas law limits punitive damage awards to $250,000 or three times the compensatory award, not to exceed $1 million, whichever is more.

Neck and Back Injury Case Examples

Neck and back injuries are very common in rear-end collisions. The force of impact makes the head and body jolt forward and then slam back against the seat, often resulting in whiplash neck injuries. The same forces affect the entire spine and back, potentially resulting in sprains, strains, and disc herniations.

Drunk Driver Hits Several Cars, Victim Suffers Neck and Back Injuries

Type of Injury: Soft tissue back injuries
Award/Settlement Amount: $8,200
Case Summary: Defendant was traveling on a roadway attempting to exit on an off-ramp. He subsequently attempted to reenter the roadway, struck a jersey wall, entered the lanes of travel, spun around and struck two or three vehicles. Plaintiff, who was traveling behind defendant at the time of the accident swerved to avoid colliding with defendant’s vehicle and rear-ended a third party’s vehicle. Defendant was charged with driving under the influence of alcohol. Plaintiff claimed he suffered soft tissue neck and back injuries. Defendant admitted liability, but contended that plaintiff was exaggerating the extent of his injuries. Jury awarded plaintiff $8,200. Per defendant’s counsel, the fact that plaintiff did not have copies of all of his medical bills to support his claim significantly impacted the outcome.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Archer v. Russell, G159848

Low-Impact Rear-End Collision with Neck and Back Pain

Type of Injury: Soft tissue back injury with pain in neck and back
Award/Settlement Amount: $4,000
Case Summary: Plaintiff was a passenger in a vehicle operated by a third party. Defendant was driving in the same direction behind plaintiff’s vehicle. Defendant rear-ended plaintiff’s vehicle. Plaintiff suffered soft tissue neck and back injuries in the collision. Defendant contended that: she was traveling only 5 m.p.h. at the time of impact; neither vehicle sustained visible damage; and plaintiff was not injured in this minimal impact collision. Case settled for $ 4,000.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Bradley v. Bordihn, G409832

Chain Rear-End Crash with Neck and Back Injuries, Bulging Disc

Type of Injury: Soft tissue back and neck injuries; abnormal bulging in one disc in back
Award/Settlement Amount: $8,000
Case Summary: Plaintiff was stopped in traffic when defendant rear-ended a third party’s vehicle, forcing it into plaintiff’s vehicle which was forced into a fourth party’s automobile. Plaintiff said he suffered injuries to his neck and back as a direct result of the accident. Further, he suffered abnormal bulging in one disc in back which resulted in muscle pain. Plaintiff claimed $2,572 in medical specials and $2,570 in lost income. Plaintiff also claimed $150 a week lost income for 23 weeks. Defendant contended that he was forced into the lane where the accident occurred by an aggressive driver and that plaintiff’s disc abnormality was not caused by the accident. Jury returned a plaintiff verdict for $8,000.
Location: Washington County, Arkansas
Case Name and Docket Number: Watson v. Akin, CIV-95-963

Driver on Cell Phone Leaves Victim with Neck and Shoulder Injuries

Type of Injury: Soft tissue shoulder and neck injuries.
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was stopped at a traffic light when defendant rear-ended his vehicle. Defendant was talking on her phone at the time of the accident. Plaintiff suffered soft tissue shoulder and neck injuries. Plaintiff argued that defendant was negligent in failing to pay full time attention to the operation of her vehicle and that it is negligence per se for one to talk on a phone while operating a vehicle. Defendant contended that plaintiff suddenly pulled in front of her vehicle and that she was unable to stop in time to avoid a collision. The case was initially tried in District Court resulting in a verdict of $3,500 for plaintiff. Defendant appealed. Jury returned a verdict if $5,000 for plaintiff.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Lendermon v. Erbsamen, CV2006-649

Low-Impact Accident with Minor Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $2,000
Case Summary: Plaintiff was stopped at a stop sign. Defendant was stopped behind plaintiff. Defendant, believing plaintiff had begun to move forward, took her foot off the brake pedal, causing her vehicle to strike plaintiff’s vehicle. The impact was minimal, resulting in no property damage to either vehicle. Plaintiff said she suffered soft tissue neck and back injuries as a direct result of the collision. Defendant contended that: her vehicle merely rolled into plaintiff’s vehicle; neither vehicle sustained property damage; and plaintiff was not injured in the minimal impact collision. Jury returned a verdict in favor of the Plaintiff for $2,000.
Location: Washington County, Arkansas
Case Name and Docket Number: Rutherford v. Mid-Delta Community Service, G165267

Victim Sandwiched in Chain Collision with Neck, Upper Back Injuries

Type of Injury: Soft tissue injuries to her neck and upper back and TMJ dysfunction
Award/Settlement Amount: $10,000
Case Summary: Plaintiff’s automobile was the third vehicle in a line of traffic stopped at a traffic light. Defendant rear-ended one of the vehicles in the group of vehicles, causing a chain reaction. Plaintiff’s vehicle sustained front and rear-end damage. Plaintiff said that she sustained soft tissue injuries to her neck and upper back and TMJ dysfunction as a direct result of defendant’s negligence. Defendants contended that plaintiff had a pre-existing condition and that the impact was slight and, therefore, could not have caused all of plaintiff’s complaints. Case settled for $10,000 on the first day of trial.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Davis v. Metropolitan Emergency Medical Services, 60-CV-2013-03103

High-Speed Crash Spins Car, Leaves Victim with Herniated Disc

Type of Injury: Back injury-Herniated disc
Award/Settlement Amount: $50,000
Case Summary: While driving, a truck kicked up a rock and cracked Defendant1’s windshield. Defendant 1 stopped in the road in order to get the truck to pull over. Traffic behind the stopped vehicles was forced to stop. Defendant 2 rear-ended plaintiff’s stopped vehicle at a high rate of speed, causing the vehicle to spin around and strike two other vehicles. Plaintiff claimed he suffered a herniated disc as a direct result of the collision. Both defendants contended that the negligence of the other defendant was the proximate cause of the accident and that plaintiff’s injuries were not proximately related to the accident. Jury returned a verdict of $50,000 in favor of plaintiff. Per plaintiff’s counsel, the nature of the accident and the severity of the impact significantly impacted the outcome.
Location: Washington County, Arkansas
Case Name and Docket Number: Henry v. Berry, 72CV-09-3290

Three-Car Rear-End Collision with Neck and Back Injuries

Type of Injury: Soft tissue neck and back injuries.
Award/Settlement Amount: $15,000
Case Summary: Plaintiff was operating the first vehicle in a line of vehicles. Defendant rear-ended the vehicle behind plaintiff, pushing it into plaintiff’s vehicle. Plaintiff claimed that he suffered soft tissue neck and back injuries due to defendant’s negligence. Defendant contended that she was unable to stop due to slippery road conditions; the intervening vehicle was the proximate cause of the damage to plaintiff’s vehicle; and the extent of her liability was uncertain. Per counsel, case settled on the first day of trial for $15,000.
Location: Saline County, Arkansas
Case Name and Docket Number: Battles v. Morehead, CA-07-1176

Six-Car Collision with Spine Compression and Herniated Cervical Discs

Type of Injury: Back injury-Compression of spinal column and nerve roots; Neck injury-herniated cervical discs
Award/Settlement Amount: $240,000
Case Summary: Plaintiff was driving his vehicle north during morning rush hour. Defendant rear-ended a vehicle in front of his vehicle and started a chain reaction. Plaintiff’s vehicle was the third vehicle in the six-car collision. Plaintiff suffered compression of spinal column and nerve roots in back requiring emergency surgery to relieve further compression and herniated cervical discs in neck requiring fusion. Defendants contended that the accident was unavoidable among other affirmative defenses. Plaintiff settled with the defendant drivers for $240,000 prior to trial.
Location: Drew County, Arkansas
Case Name and Docket Number: Sullivan v. Hartsell, CV 2003-0233-1

Truck Starts Chain Collision causing Herniated Discs, Soft-Tissue Injuries

Type of Injury: Back injury-herniated disc; Bruises to shoulder, arm and legs; lacerated knee
Award/Settlement Amount: $300,000
Case Summary: Plaintiff and Defendant1 were traveling in opposite directions. Defendant1 stopped to make a turn and a third party stopped behind Defendant1 without incident. Defendant 2, an employee of Defendant 3, was operating a large truck and he struck the third party’s vehicle which subsequently struck Defendant1’s vehicle, forcing it head-on into plaintiff’s vehicle. Plaintiff suffered bruises to shoulder, arm and legs, lacerated knee, and herniated disc requiring laminectomy with residual pain and weakness in back. Plaintiff claimed $13,212 in medical specials, $25,000 in past lost income and $121,000 in future lost income. Defendant 2 contended that Defendant1 contributed to the accident. Defendant1 contended that her negligence was not the proximate cause of the accident. The case settled for $300,000 prior to trial.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Hardy v. Osinowo, 3:10-cv-00204-JMM

Head Injury Case Examples

Head injuries, ranging from headaches to traumatic brain injuries, are often caused by rear-end collisions. The head can be violently jolted forward and back from the crash impact, at times hitting the window or other hard surfaces inside the vehicle. High-speed crashes caused by larger vehicles are more likely to result in extensive injuries.

Headaches and Soft-Tissue Injuries from 3 Rear-End Accidents

Type of Injury: Neck, back, and shoulder pain; headaches
Award/Settlement Amount: $14,500
Case Summary: Plaintiff was involved in three separate motor vehicle accidents. In the first, plaintiff was a passenger on a bus when defendant rear-ended the bus. Plaintiff claimed she saw a doctor for headaches afterward and was under a doctor’s care for approximately a month. In the second, Plaintiff’s automobile was struck from behind by defendant 2 at an intersection. Plaintiff said this time she was treated for neck and back problems. In the last collision, plaintiff claimed she was a passenger in an automobile that was rear-ended by defendant 3. She argued that as a result of that accident she had headaches and neck and back pain. In their separate answers, defendants denied all allegations. Defendants subsequently agreed to settle the claims for $14,500 prior to trial.
Location: Pulaski County, Arkansas
Case Name and Docket Number: Chandler v. Penn, 3:12-cv-00104-BRW

Tractor-Trailer Rear-Ends Pickup Causing Head and Neck Injuries

Type of Injury: General head and neck injuries
Award/Settlement Amount: $78,616
Case Summary: Plaintiff’s pickup truck was rear-ended by an 18-wheeler tractor-trailer driven by an employee of defendant. Plaintiff claimed head and neck injuries and $21,544.60 in lost wages as a result of the accident. Defendant did not seriously dispute liability but vigorously disputed the extent of Plaintiff’s claims of lost wages. Defendant moved for a directed verdict contending that there was insufficient evidence to calculate past and future wage loss. But the Court denied the motion. The Jury ruled in favor of the Plaintiff, awarding damages in the amount of $78,615.80.
Location: Washington County, Arkansas
Case Name and Docket Number: Thurmond v. Peterrie, 00-CIV-958

Passenger Suffers Traumatic Headaches and Neck Strain

Type of Injury: Cervical strain in neck and post-traumatic headaches
Award/Settlement Amount: $5,500
Case Summary: Defendant rear-ended a vehicle in which plaintiff was a passenger. Plaintiff claimed that she suffered chronic strain in her neck and post-traumatic headaches as a direct result of the collision. Defendant admitted liability but contended that plaintiff’s injuries were proximately related to prior and subsequent accidents. Jury returned a plaintiff verdict for $5,500. Per counsel, plaintiff’s credibility and the credibility of her treating physician were an issue in the case. Plaintiff had been involved in a prior motor vehicle accident and her treating physician had stated that she would have permanent neck pain and headaches from that accident. He subsequently testified that the prior injuries had fully resolved.
Location: Pike County, Arkansas
Case Name and Docket Number: Turley v. Young, G121524

Methodology

We researched and analyzed real Arkansas car accident cases to get the payouts and settlement ranges detailed above. Many cases settled out of court, while some cases went to trial and won a monetary award. Our group of cases did not include wrongful death claims, or cases that were lost at trial.

Averages are calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group. In cases with more than one plaintiff, we used the highest settlement awarded to one victim to represent the payoff for that case.

Explore average settlements and court awards for rear-end car accidents in Utah. Find real case examples similar to yours.

Rear-end collisions are the most common type of accident in the United States, accounting for 29 percent of all car crashes.

The average settlement for a moderate rear-end collision in Utah is $28,940. Actual payout amounts ranged from $1,852 for minor soft-tissue injuries to $325,000 for severe injuries.

Average Payouts for Utah Rear-End Collisions

To get the amounts listed below, we analyzed a group of real Utah rear-end accident cases. Our group only included cases that resulted in a payout to the injury victim.

Average Payout by Severity of Injury
Minor Injury	$6,242
Moderate Injury	$28,940
Severe Injury	$228,500
Payout Range by Type of Injury
Neck and Back Injuries	$1,852 - $325,000
Head Injuries	$10,000 - $325,000

Factors Affecting Utah Rear-End Settlement Amounts

The extent and severity of injuries is the primary factor in the amount of compensation. Medical bills, lost income, out-of-pocket expenses, and an amount for the victim’s pain and suffering are included in settlement calculations.

Other factors that impact injury payouts in Utah include:

• Injury Severity – Serious and permanent injuries settle for much higher amounts than minor soft-tissue injuries.
• Shared Fault – Utah is a modified comparative fault state. You can file an injury claim against the other party so long as you are less to blame for the crash than the other party. If you are equally or more to blame, you won’t be eligible for compensation.
• Auto Policy Limits – Utah mandates all drivers to carry insurance no less than $25,000 per person and $65,000 per accident bodily injury liability, and $15,000 property damage liability, or the driver may carry a single-limit policy for $80,000. The $25,000 minimum limit may not be enough to cover severe injury claims.
• Uninsured Motorist Coverage – Utah requires insurance carriers to offer uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) equal to the policy’s liability limits. The policyholder has the right to reject UI and UIM coverage. Drivers who purchase UM and UIM insurance will have a source of compensation for injuries caused by a hit-and-run, someone with no insurance or not enough insurance.
• Multiple Claimants – The per-accident liability coverage carried by the at-fault driver may not be enough to go around when multiple victims are seriously injured.
• Venue and Jurisdiction – Adjusters know which court jurisdictions have a history of large jury awards issued to injured car accident victims. The at-fault driver’s insurance company may offer more to settle your claim to keep it out of court.
• Punitive Damages: Punitive damages can only be awarded by a judge or jury in a court trial. Utah’s punitive damage law allows the first $50,000 to go to the plaintiff, any amount over that must be shared equally with the state. The limits do not apply if the person was injured by someone who was driving under the influence of alcohol or drugs.

Minor Injury Case Examples

Minor injuries from a rear-end accident will typically involve some soft-tissue sprains or strains with a few days of stiffness. Most minor injury victims are back to normal within a week or two, and only miss a few days to a week of work.

Chiropractic Treatments Challenged for Neck and Back Injuries

Type of Injury: Neck and back injuries; headaches
Award/Settlement Amount: $10,361
Case Summary: Plaintiff was rear-ended by the Defendant. Plaintiff suffered neck and back injuries with headaches. She was treated with chiropractic manipulations and physical therapy. Defendant claimed the impact was minor with only minor property damage to the vehicles. Defendant argued Plaintiff had pre-existing problems of a similar nature with chiropractic treatments. She was also involved in a second motor vehicle accident which temporarily aggravated her condition. Defendant further argued Plaintiff received excessive manipulations and its expert claimed Plaintiff should have received 2-4 weeks of physical therapy, followed by a home exercise program. This case was arbitrated. Arbitrator awarded Plaintiff $6,361 in medical bills and $4,000 in general damages.
Location: Salt Lake, Utah
Case Name and Docket Number: Burdett v. Mancilla, 70909147

Jury Favors Plaintiff Neck Injury claims

Type of Injury: Neck pain and headaches
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was rear-ended by defendant, when he stopped during a sudden slowdown of freeway traffic. Plaintiff’s car sustained $1,300 in property damage. Plaintiff suffered neck pain and headaches. Plaintiff had a prior history of headaches. Defendant’s expert opined that Plaintiff’s injuries and medical care were not related to the motor vehicle accident. This case settled for $10,000.
Location: Davis County, Utah
Case Name and Docket Number: Ruiter v. Roberts, 990700445

Victim with Prior Injury History Wins Award

Type of Injury: Neck and back strains; thoracic pain
Severity Rating: Minor
Type of Accident: Rear-End
Award/Settlement Amount: $5,517
Case Summary: Plaintiff had stopped at a traffic light and was rear-ended by the Defendant. Plaintiff suffered neck and back injuries, with ongoing thoracic pain. Plaintiff had been involved in two prior motor vehicle accidents and had suffered whiplash injuries in both. Defendant simply denied all allegations. This case was presented to an Arbitrator who awarded the Plaintiff $5,000, plus costs of $517.
Location: Salt Lake, Utah
Case Name and Docket Number: Foote v. Swank, 100920833

Disputed Disc Injuries After Low-Speed Crash

Type of Injury: Neck injury-herniated cervical disc
Award/Settlement Amount: $1,852
Case Summary: Plaintiff and defendant were traveling towards the same direction in stop and go traffic when defendant rear-ended plaintiff. Plaintiff claimed she suffered herniated cervical disc as a result of the accident. Defendant admitted liability but contented that this low-speed rear-end collision could not have caused any injuries to plaintiff. Jury found for plaintiff in the amount of $1,852.
Location: Utah County, Utah
Case Name and Docket Number: Cheryl v. Barry, 400097

Jury Awards Neck and Back Injury Damages

Type of Injury: Back & neck injuries
Award/Settlement Amount: $8,500
Case Summary: Defendant driver ran Plaintiff’s driver off the road leaving the scene. Plaintiff followed to get license number and was rear-ended by the Defendant’s vehicle at an intersection. Plaintiff claimed he suffered back & neck injuries. Defendant denied all allegations. Jury found for plaintiff in the amount of $8,500.
Location: Utah County, Utah
Case Name and Docket Number: Green v. Chojnacki, 60910364

Herniated Disc Surgery Challenged as Exaggerated

Type of Injury: Neck injury- disc herniation
Award/Settlement Amount: $3,000
Case Summary: Plaintiff was slowing to make a right turn into a private driveway when defendant rear-ended her vehicle. Plaintiff claimed she suffered herniated disc requiring cervical fusion surgery. Defendant admitted liability for the accident but contended that plaintiff was exaggerating the extent of her injuries. Defendant further noted that there were gaps in plaintiff’s treatment and argued that the need for fusion surgery was not proximately related to this motor vehicle accident. Jury found for plaintiff in the amount of $3,000.
Location: Weber County, Utah
Case Name and Docket Number: Finley v. Stuart, 30902503

Soft Tissue Injuries Disputed After Low-Speed Impact

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $4,500
Case Summary: Plaintiff was stopped at a stop sign when defendant rear-ended her vehicle. The Court granted plaintiff’s Motion for Summary Judgment on the issue of liability and the trial proceeded on the issues of proximate cause and/or damages. Plaintiff claimed that she suffered soft tissue neck and back injuries as a direct result of the accident. Defendant contended that he was traveling less than 5 m.p.h. at the time of impact; the property damage to both vehicles was limited to a few small scratches; that plaintiff’s injuries were not proximately related to the collision; that any pain or disability was related to prior and/or subsequent motor vehicle accidents; and that plaintiff was exaggerating the extent of her injuries. Jury awarded plaintiff $4,500.
Location: Salt Lake, Utah
Case Name and Docket Number: Quigley v. Morris, 980904842

Three-Car Rear-End Crash with Neck and Lower Back Injuries

Type of Injury: Neck and Back injuries-Soft tissue injuries to cervical and lumbar spine
Award/Settlement Amount: $6,202
Case Summary: Plaintiff was traveling when defendant driver rear-ended her vehicle, forcing it into a third party’s vehicle. Defendant driver subsequently left the scene without stopping. Plaintiff alleged that defendant was negligent in rear-ending her vehicle, in failing to maintain an assured clear distance ahead and in fleeing the scene of the accident. Plaintiff further alleged that she suffered soft tissue injuries to cervical and lumbar spine as a direct result of the accident. Defendants contended that: plaintiff rear-ended the vehicle in front of her; that defendant driver brought the vehicle to a stop without striking plaintiff’s vehicle; and that plaintiff did not appear to be injured at the scene and, therefore, defendant driver had no reason to remain on the scene. Jury awarded plaintiff $6,202.
Location: Salt Lake, Utah
Case Name and Docket Number: Hodges v. Innovative Doors Systems LC., 970901197

Moderate Injury Case Examples

Moderate rear-end accident injuries are more painful and may take weeks or months to heal. Moderate injuries may include herniated discs, brain concussions, and extensive soft-tissue injuries.

Some types of moderate injuries may have partial permanent effects. Victims may be out of work for a few months, depending on the physical requirements of their employment.

Slip and Fall Aggravates Rear-End Accident Injuries

Type of Injury: Headaches, neck and back pain, and shoulder injury
Award/Settlement Amount: $22,566
Case Summary: Plaintiff’s vehicle was rear-ended by Defendant. Plaintiff suffered headaches, neck and back pain, and shoulder symptoms leading to shoulder surgery. Defendant claimed the impact was at a speed of 5 mph or less and caused minimal damage to the two vehicles. Plaintiff’s symptoms were aggravated when she fell down four stairs sometime after the motor vehicle accident. Jury ruled that Defendant’s admitted negligence was a proximate cause of Plaintiff’s injuries. The jury found that Plaintiff had suffered no permanent impairment or disability as a result of the accident. The jury awarded Plaintiff $22,566.48 for past medical expenses. They awarded nothing for future medical bills and nothing for general damages.
Location: Utah County, Utah
Case Name and Docket Number: D’Agostini v. Parmley, 403092

Injuries to Neck, Shoulder, and Arm from Three-Car Crash

Type of Injury: Neck, shoulder, arm injuries
Award/Settlement Amount: $12,260
Case Summary: Plaintiff was traveling southbound. He stopped behind traffic and was rear-ended by defendant, who was then rear-ended by co-defendant. This was the second motor vehicle accident that Plaintiff was involved in over a period of only a few months. Plaintiff claimed he suffered neck, shoulder and arm injuries. Co-defendant denied that defendant was pushed into Plaintiff a second time. He filed a motion for summary judgment which the Plaintiff did not oppose. Defendant admitted liability, and a trial on damages only took place. The jury awarded Plaintiff $2,260 in medical bills, and $10,000 in general damages, for a total verdict of $12,260.
Location: Salt Lake, Utah
Case Name and Docket Number: Mendel v. Corbett, 20900488

Head and Neck Injury Award Reduced for Shared Fault

Type of Injury: Soft tissue neck & back injuries with closed head injury
Severity Rating: Moderate
Type of Accident: Rear-End
Award/Settlement Amount: $17,500
Case Summary: While making a lane change, Plaintiff was rear-ended by Defendant’s vehicle. Plaintiff claimed soft tissue neck and back injuries with closed head injury. Defendant vigorously contested liability claiming that plaintiff was negligent hence responsible for the accident and any injuries or damages he might have suffered. Jury determined that plaintiff was 20% at fault for the collision and defendant 80% at fault. Jury awarded plaintiff $17,500 following fault apportionment.
Location: Utah County, Utah
Case Name and Docket Number: Guzman v. Boyer, 50100177

Jury Finds for Victim with Head and Facial Injuries

Type of Injury: Head injury-Temporomandibular Joint (TMJ) Disorder, facial pain and headaches
Severity Rating: Moderate
Type of Accident: Rear-End
Award/Settlement Amount: $63,432
Case Summary: Plaintiff claimed defendant negligently rear-ended plaintiff’s vehicle at an intersection. Plaintiff claimed he suffered Temporomandibular Joint (TMJ) Disorder, facial pain and headaches as a result of the accident. The defendant denied liability and contended, as affirmative defense, a third party caused plaintiff’s injuries in a motor vehicle accident. Jurors found for the plaintiff and awarded him $63,432 in damages.
Location: Utah County, Utah
Case Name and Docket Number: Chatterton v. Walker, 940400027

Severe Injury Case Examples

Severe rear-end accidents often result in multiple injuries with residual impairment. Some severe injury victims are totally and permanently disabled. These injury victims may be out of work for months, and some are never able to return to regular employment.

Jury Favors Victim After Impairment Dispute

Type of Injury: Back injury-3 herniated discs in cervical spine; closed head injury
Award/Settlement Amount: $132,000
Case Summary: Plaintiff’s vehicle was rear-ended by Defendant on a snow-slickened road at 10 mph. Plaintiff’s head impacted the rear window of the pickup he was driving. He was also diagnosed with three herniated discs in his cervical spine. His doctor gave Plaintiff a 25% impairment rating and recommended a two-level discectomy and fusion. Defendant’s expert concluded that the disc injuries were not related to the motor vehicle accident and diagnosed Plaintiff with a severe sprain/strain of the cervical spine. This case was tried by a jury which returned a verdict in Plaintiff’s favor in the amounts totaling $132,000.
Location: Salt Lake, Utah
Case Name and Docket Number: Beffort vs. Damjanovich, 13700260

Victim Prevails After Defendant Challenges Extent of Injuries

Type of Injury: Neck pain, tremor or shaking in hands and head
Award/Settlement Amount: $325,000
Case Summary: Plaintiff was stopped waiting to make a left turn. Defendant was momentarily distracted and rear-ended plaintiff’s vehicle at a speed of 45 m.p.h. Plaintiff claimed neck pain, tremor or shaking in hands and head as a direct result of the accident. Plaintiff further contended that defendant driver was negligent in failing to keep a proper lookout, in failing to pay full time attention to the operation of his vehicle and in failing to stop within an assured clear distance ahead. Defendants admitted liability, but argued that plaintiff was exaggerating the extent of his injury and damages. Jury awarded plaintiff $325,000.
Location: Salt Lake, Utah
Case Name and Docket Number: Ashley v. Parish, 960700063

Methodology

We researched and analyzed real Utah rear-end accident cases.  Many cases were settled out of court, some cases went to arbitration, and some cases went to trial and won a monetary award. Our group of cases did not include wrongful death claims, or cases that were lost at arbitration or trial.

Averages are calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group. In cases with more than one plaintiff, we used the highest settlement awarded to one victim to represent the payoff for that case.

Explore average settlements and court awards for rear-end car accidents in Mississippi. Find actual case examples similar to yours.

Rear-end collisions are the most common type of accident in the United States, accounting for 29 percent of all car crashes.¹

The average settlement for a moderate rear-end collision in Mississippi is $31,217. Actual payout amounts ranged from $3,571 for minor soft-tissue injuries to $150,000 for more serious injuries.

Average Payouts for Mississippi Rear-End Collisions

To get the average settlement amounts listed below, we analyzed a group of real Mississippi rear-end car accident cases involving a range of injuries. Our group only included cases that resulted in a payout to the injury victim.

Average Payout by Severity of Injury
Minor Injury	$7,479
Moderate Injury	$31,217
Severe Injury	$150,000
Payout Range by Type of Injury
Back and Neck Injuries	$3,571 - $150,000
Head Injuries	$5,000 - $10,321

Factors Affecting Mississippi Rear-End Settlement Amounts

The extent and severity of injuries is the primary factor in the amount of compensation. Medical bills, lost income, out-of-pocket expenses, and an amount for the victim’s pain and suffering are included in settlement calculations.

Factors Affecting Payout Amounts

Other factors that influence rear-end injury payouts in Mississippi include:

• Injury Severity – Serious injuries that leave the victim with a permanent disability or scarring will justify higher compensation than minor soft-tissue injuries.
• Force of Impact – Low-impact fender benders have much smaller payouts than high-speed rear-end collisions or crashes caused by larger and heavier vehicles.
• Shared Fault – Mississippi is a pure comparative negligence state. You can file an injury claim against the other party even if you are more at fault than them, so long as you aren’t the only person at fault for the crash. Your final payout will be reduced according to your percentage of fault.
• Auto Policy Limits – Mississippi mandates all drivers carry insurance no less than $25,000 per person and $50,000 per accident bodily injury liability, and $25,000 property damage liability. The minimum liability limit may not be enough to cover severe injury claims.
• Uninsured Motorist Coverage – Mississippi requires insurance carriers to offer uninsured motorist (UM) coverage equal to the policy’s liability limits. The policyholder has the right to waive UM coverage by signing a form.
• Multiple Claimants – The per-accident liability coverage carried by the at-fault driver may not be enough to go around when multiple victims are seriously injured.
• Venue and Jurisdiction – Some courts have a history of large awards issued to car accident victims. In these jurisdictions, the at-fault driver’s insurance company may be willing to offer a better settlement to keep your case from going to trial.
• Punitive Damages: Punitive damages can only be awarded by a judge or jury in a court trial when the accident is the result of malice, gross negligence, or reckless disregard for the safety of others. Mississippi’s punitive damage law requires the court to consider the at-fault party’s financial condition and limits the amount of punitive damages based on the defendant’s net worth.

Minor Injury Case Examples

Minor injuries from a car accident can include scrapes, minor cuts, bumps and bruises. There may be muscle sprains or strains and stiffness. Most minor injury victims are back to normal within a few weeks, and only miss a few days to a week of work.

Three-Car Rear-End Crash with Back Injuries

Type of Injury: Soft tissue neck and lower back injuries-bulging disc at L4-L5;degenerative disc disease; contusions and bruises
Award/Settlement Amount: $3,571
Case Summary: Plaintiff was stopped in a line of traffic when defendant rear-ended his vehicle, pushing it into a third vehicle which was also stopped. Plaintiff claimed he suffered soft tissue neck and lower back injuries, degenerative disc disease, bulging disc at L4-L5, contusions and bruises as a direct result of the accident. Defendant contended that he rear-ended a third party’s vehicle, pushing it into plaintiff’s vehicle, and that third party’s vehicle incurred the brunt of the impact. Jury returned a plaintiff verdict for $3,571. Per counsel, the following impacted the outcome: (1) plaintiff’s credibility; (2) defendant’s medical testimony that plaintiff’s degenerative condition was not proximately related to the accident; and (3) plaintiff’s bulging discs were not impinging on the nerve roots to justify plaintiff’s claim of chronic pain.
Location: Madison County, Mississippi
Case Name and Docket Number: Winstead v. Keppler, 3:11-cv-00475-DPJ-FKB

Rear-End Victim Settles Soft-Tissue Injuries

Type of Injury: Neck and back injuries-cervical and lumbar strain with headaches
Award/Settlement Amount: $5,000
Case Summary: Plaintiff’s vehicle was struck from behind by the defendant’s vehicle. Plaintiff claimed he suffered headaches and cervical and lumbar strain. The defendant admitted liability but maintained that the plaintiff’s injuries were related to a motor vehicle accident following the subject accident. Defendant however agreed to settle the claim for $5,000. Plaintiff accepted the offer.
Location: Leflore County, Mississippi
Case Name and Docket Number: Grussaute v. Feigley, 5:14-cv-00100-KS-MTP

Rear-End Crash Case Settled After Dispute

Type of Injury: Neck and lower back injury-Muscle and ligament strains of cervical, thoracic and lumbosacral spine with muscle spasms
Award/Settlement Amount: $6,376
Case Summary: Plaintiff was a passenger in a non-party vehicle, which was traveling northbound and had slowed for traffic on the highway, when his host vehicle was struck from behind by a northbound vehicle driven by defendant. Plaintiff said he suffered musculoligamentous strains of his cervical, thoracic and lumbosacral spine with muscle spasms. The defendant denied liability, and contended the plaintiff failed to take reasonable action to promote his own recovery and failed to follow the advice of his medical providers with respect to treatment that would have lessened his discomfort. Jury found for plaintiff in the amount of $6,376.
Location: Pearl River County, Mississippi
Case Name and Docket Number: Amacker v. Dedeaux, 15-380

At-Fault Rear-End Driver Appeals Arbitration, Loses Trial

Type of Injury: Neck injury-cervical sprain; head injury
Award/Settlement Amount: $9,131
Case Summary: Plaintiff drove northbound. The roads were icy, so plaintiff slowed down due to the road conditions. After she braked, defendant rear-ended her vehicle with his pick-up truck. Plaintiff received a diagnosis of cervical sprain and head injury after the accident and later complained of lingering headaches and pain in her head, lower back, leg and foot. Defendant generally denied the allegations in his answer. The case went to arbitration. The arbitrator found in favor of the plaintiff and recommended an award of $4,248.64 in damages. Believing he would fare better in front of a jury, defendant requested a new trial. The jury found against defendant and returned a verdict for plaintiff, awarding her $9,131 in damages.
Location: Jackson County, Mississippi
Case Name and Docket Number: Thompson v. Nguyen, 2009-CT-01147-SCT; 2009-CA-01147-COA

Jury Award to Injured Victim of Rear-End Chain Collision

Type of Injury: Injury to left shoulder; post-traumatic headaches and dizziness; cervical, dorsal and lumbosacral strains
Award/Settlement Amount: $10,321
Case Summary: Plaintiff was involved in a chain reaction collision in which her southbound vehicle was struck from behind by a vehicle operated by defendant, which subsequently pushed his vehicle into the vehicle in front of her. Plaintiff claimed she suffered injury to her left shoulder, post-traumatic headaches with dizziness and memory deficits, cervical, dorsal and lumbosacral strains and mental anguish as a result of the accident. The defendant generally denied liability. Jurors returned a verdict for the plaintiff, awarding her $10,321 in damages.
Location: Jackson County, Mississippi
Case Name and Docket Number: Hubbard v. Delta Sanitation, LLC, A2401-08-140

Shared Fault for Rear-End Collision after Lane Change

Type of Injury: Injuries to chest and ribs
Award/Settlement Amount: $10,472
Case Summary: Plaintiff drove his vehicle east. The right lane of the highway was closed due to road construction. When the right lane reopened, Plaintiff said he drove into the right lane of traffic after checking his rear-view mirror and was subsequently rear-ended by a vehicle driven by defendant. Plaintiff sustained injuries to his chest and ribs due to the accident. In his answer, defendant generally denied the plaintiff’s allegations and specifically denied he struck plaintiff’s vehicle. Defendant claimed the plaintiff’s negligence had proximately caused his injuries and damages. The case proceeded to trial. Jury found plaintiff 25 percent negligent and defendant 75 percent negligent for the collision. Jury awarded plaintiff $2,333.20 for economic damages, $2,139 for property damages and $6,000 for noneconomic damages.
Location: Jackson County, Mississippi
Case Name and Docket Number: Anderson v. Salaam, 2014-047L

Moderate Injury Case Examples

Moderate car accident injuries are more painful and may take weeks or months to heal. Moderate injuries may include simple fractures, bulging or herniated discs, brain concussions, and extensive soft-tissue injuries. There may be lingering effects of the injuries and victims may be out of work for a few months, depending on the physical requirements of their employment.

Rear-End Accident Defendant Admits Fault, Disputes Damages

Type of Injury: Left shoulder injury-rotator cuff sprain and bursitis; others-cervical and lumbar strains
Award/Settlement Amount: $15,873
Case Summary: Plaintiff’s westbound vehicle, stopped at a red light, was rear-ended by a vehicle operated by defendant and owned by co-defendant. Plaintiff claimed he suffered permanent left shoulder injury, including rotator cuff sprain and bursitis, cervical and lumbar strains with permanent injury to the lumbar spine and severe emotional distress as a direct result of the accident. Defendant admitted liability but disputed damages, noting that the plaintiff suffered low back injuries in a prior motor vehicle accident. Jury returned $15,873 verdict for plaintiff.
Location: Jackson County, Mississippi
Case Name and Docket Number: Clancy v. Greyhound Bus Lines, Inc, 1:11cv336; 1:11-CV-00336

Trucker At Fault for Rear-End Crash for Merging in Path of  Victim

Type of Injury: Stiffness and pain in neck, back and shoulder
Award/Settlement Amount: $16,145
Case Summary: Defendant was operating a tractor-trailer owned by co-defendant. Defendant was attempting to merge onto a roadway from an entrance ramp when plaintiff rear-ended the tractor. Plaintiff claimed she suffered stiffness and pain in her neck, back and shoulder as a result of the accident. Plaintiff contended that defendant failed to yield the right-of-way and cut in front of her vehicle. Defendants claimed plaintiff was negligent in failing to pay full attention to traffic, in failing to maintain proper control of her vehicle and in following too closely and that plaintiff’s negligence was the sole proximate cause of the accident. Defendants further argued that plaintiff’s injuries were pre-existing and had resolved. Jury returned a plaintiff verdict.
Location: Madison County, Mississippi
Case Name and Docket Number: Rice v Cresco Capital, Inc., 3:16-cv-00588-DPJ-FKB

Jury Award for Rear-End Collision Despite At-Fault Driver Excuses

Type of Injury: Soft tissue neck and low back injuries
Award/Settlement Amount: $17,000
Case Summary: Plaintiff was stopped in a line of traffic at a red light when defendant rear-ended his vehicle. Plaintiff suffered soft tissue neck and low back injuries. Defendant contended that the accident occurred at a point where the roadway had two lanes of travel in his direction of travel and that he was attempting to pass plaintiff and other vehicles stopped at the traffic light on their right at the time of the accident. Further, an unidentified motorist pulled out from a driveway to his right, creating a sudden emergency, and that he lost control of his truck on the wet road surface and collided with plaintiff’s vehicle. Jury found in favor of plaintiff, awarding him $17,000 in damages.
Location: Jackson County, Mississippi
Case Name and Docket Number: Adams v. Hilton, 3:11-cv-00618-DPJ-FKB

Rear-End Crash at Red Light Causes Partial Disability

Type of Injury: “Back injury-disc bulges at L1-L5; Others-cervical, thoracic and lumbosacral strains; cervical and lumbosacral radiculopathy
Award/Settlement Amount: $24,395
Case Summary: As plaintiff drove northbound, stopped at a red light, a northbound vehicle operated by defendant struck plaintiff’s vehicle in the rear. Plaintiff said he suffered aggravation of previously asymptomatic disc bulges at levels L1 through L5; cervical, thoracic and lumbosacral strains; cervical and lumbosacral radiculopathy; and 5% permanent partial disability of her cervical and lumbar spine. The defendant denied liability and claimed the plaintiff’s two previous motor vehicle accidents caused her alleged injuries. The jury returned a verdict for the plaintiff and awarded her $20,443.85 for past medical expenses and $3,952 for past lost earnings.
Location: Hinds County, Mississippi
Case Name and Docket Number: Jackson v. Construction Group, LLC., 2:19-cv-00130-KS-MTP

At-Fault Rear-End Crash Driver Settles After Denying Liability

Type of Injury: Soft tissue neck and back injuries-cervical and lumbar strains, multiple contusions and abrasions
Award/Settlement Amount: $82,672
Case Summary: Plaintiff’s vehicle was rear-ended by defendant’s vehicle. Plaintiff contended that she suffered cervical and lumbar strains and multiple contusions and abrasions and that defendant was the sole proximate cause of the accident and her injuries. The defendant denied liability, disputed the extent of the plaintiff’s injuries, and contended that plaintiff stopped her vehicle abruptly and caused this accident. The claimed settled for $82,672 before trial.
Location: Hinds County, Mississippi
Case Name and Docket Number: McAllister v. Stafford, 3:14cv538; 3:14-cv-00538

Severe Injury Case Examples

Severe car accident victims may sustain multiple injuries resulting in residual impairment, with permanent scarring or disfigurement. Some severe injury victims are totally and permanently disabled. Seriously injured victims may be out of work for months, and some are never able to return to the jobs they held before the crash.

Jury Award to Rear-End Crash Victim Who Lost Athletic Ability

Type of Injury: General neck and back injuries
Award/Settlement Amount: $150,000
Case Summary: Plaintiff and defendant were operating their respective automobiles when defendant rear-ended the plaintiff. Plaintiff was very active in karate at the time of the accident. He claimed the impact resulted in a neck and back injury to the extent that he will never be able to resume his karate activities. Plaintiff further contended that he will require future chiropractic treatment for an indefinite period of time. Defendant contended plaintiff’s injuries were exaggerated and the chiropractic treatments were not medically necessary. Defendant also argued that Plaintiff’s earning capacity as a computer technician was not impaired and plaintiff did not lose income from his inability to pursue karate. Jury awarded plaintiff $150,000 in damages plus interest.
Location: Madison County, Mississippi
Case Name and Docket Number: Alan v. Joseph, 5:97CV34BRS

Methodology

We researched and analyzed real Mississippi car accident cases resulting from rear-end collisions. Many cases settled out of court, while some cases went to trial and won a monetary award. Our group of cases did not include wrongful death claims, or cases that were lost at trial.

Averages are calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group.

Final payouts reflect any reductions made after a jury determination of shared fault.

Explore average settlements and court awards for rear-end car accidents in Nevada. Find actual case examples similar to yours.

Rear-end collisions are the most common type of accident in the United States, accounting for 29 percent of all car crashes.¹

The average settlement for a moderate rear-end collision in Nevada is $21,161. Actual payout amounts ranged from $2,800 for minor soft-tissue injuries to $1,728,801 for serious head, neck, and back injuries.

Average Payouts for Nevada Rear-End Collisions

To get the average settlement amounts listed below, we analyzed a group of real Nevada rear-end accident cases involving a range of injuries. Our group only included cases that resulted in a payout to the injury victim.

Average Payout by Severity of Injury
Minor Injury	$7,931
Moderate Injury	$21,161
Severe Injury	$1,239,401*
Payout Range by Type of Injury
Back and Neck Injuries	$2,800 - $1,728,801
Head Injuries	$10,000 - $750,801

Some cases involve injuries in both categories. Payouts are intended to compensate the victim for all damages, not one specific injury.

Factors Affecting Nevada Rear-End Settlement Amounts

The extent and severity of injuries is the primary factor in the amount of compensation. Medical bills, lost income, out-of-pocket expenses, and an amount for the victim’s pain and suffering are included in settlement calculations.

Factors Affecting Payout Amounts

Other factors that influence rear-end injury payouts in Nevada include:

• Injury Severity – Extensive or permanent injuries resulting in chronic pain, loss of mobility, or disfigurement result in much higher amounts than minor soft-tissue injuries that will heal with no lingering effects.
• Shared Fault – Nevada is a modified comparative negligence state. You can file an injury claim against the other party even if you are equally responsible for your injuries. Your compensation will be reduced according to your percentage of fault. If you are more at fault than the other parties, you are barred from receiving compensation from the other parties.
• Auto Policy Limits – Nevada mandates all drivers carry insurance of at least $25,000 per person and $50,000 per accident bodily injury liability, and $20,000 property damage liability. The other driver’s liability limit may not be enough to compensate for serious injuries.
• Uninsured Motorist Coverage – Nevada requires insurers to offer uninsured (UM) and underinsured motorist (UIM) coverage, equal to the policy’s liability limits. The policyholder has the right to reject the optional coverages. If you decline UI and UIM coverage, you may have no source of compensation for serious injuries caused by a hit-and-run, or an at-fault driver with no insurance or not enough insurance.
• Multiple Claimants – The liability limits carried by the at-fault driver may not be enough to go around when more than two victims are seriously injured.
• Venue and Jurisdiction – Some court venues in Nevada have a history of high awards to car accident victims. The at-fault driver’s insurance company may offer a bigger settlement to keep your case from going to trial in a pro-victim venue.
• Punitive Damages: Nevada caps punitive damage awards at $300,000 when the compensatory award is under $100,000, or three times the amount of compensatory damages that exceed $100,000.  There are no limits to punitive damages in accident cases caused by a driver under the influence of drugs or alcohol.

Minor Injury Case Examples

Minor injuries from a car accident can include bumps and bruises, muscle sprains or strains and a few days of stiffness. Minor injury victims recover with no lasting effects, and only miss a few days to a week of work.

Rear-End Injury Award Reduced by 41 Percent

Type of Injury: Neck, back, leg and wrist injuries
Award/Settlement Amount: $2,800
Case Summary: Plaintiff was traveling south, when his vehicle was hit from behind by a vehicle driven by defendant. Plaintiff said he suffered injuries to his neck, mid and lower back, leg, and wrist, among other limbs and organs. Defendant denied the allegations, saying plaintiff’s own negligence caused the accident. An arbitrator found for plaintiff and awarded him $13,679. A jury echoed the arbitrator’s findings and awarded plaintiff $2,800. The jury, however, also concluded plaintiff was 41% liable for incident. Defendant was deemed 59% liable.
Location: Clark County, Nevada
Case Name and Docket Number: Lee v. Britt, A449212

Minor Rear-End Accident with Pre-Existing Injuries

Type of Injury: Neck injuries-cervical spine
Award/Settlement Amount: $7,428
Case Summary: Plaintiff was traveling north and came to a stop at a traffic light at an intersection. Defendant, who was traveling behind plaintiff, failed to stop her vehicle and rear- ended plaintiff. Plaintiff sustained injuries to her cervical spine. Defendant contended the accident was minor and did not cause the plaintiff’s claimed injuries. According to the defendant, plaintiff was involved in a motor vehicle accident before, in which she struck a tree while operating a bus. Defendant added that plaintiff’s treatment for the prior accident continued through the subject accident, one year later. A jury found in favor of the plaintiff and awarded her $4,927.50 for her past medical expenses and $2,500 for her past pain and suffering.
Location: Clark County, Nevada
Case Name and Docket Number: Eriksen v. Girot, A572862

Rear-End Crash Arbitration Award Reduced by 25 Percent

Type of Injury: Aggravation of his chronic neck and back pain
Award/Settlement Amount: $8,000
Case Summary: Plaintiff said his vehicle was rear-ended by a vehicle driven by defendant 1. Two weeks later, plaintiff was involved in another motor vehicle accident with defendant2 and claimed he suffered aggravation of his chronic neck and back pain because of the two automobile collisions. The plaintiff contended the defendants negligently caused the accidents. Defendants did not dispute liability. An arbitrator heard the case and determined defendant1 was 75 percent at fault for the plaintiff’s injuries and defendant2 was 25 percent at fault. Plaintiff received a total of $8,000 in damages.
Location: Clark County, Nevada
Case Name and Docket Number: Affleck v. Gaines, 12-A-660580-C

Rear-End Victim Injury Treatment Ruled Excessive

Type of Injury: Neck and back pain; headaches and a sore and swollen left trapezius muscle
Award/Settlement Amount: $10,000
Case Summary: Plaintiff, who was stopped at a red light on eastbound route at an intersection, was rear-ended by a car driven by defendant after it was hit by another vehicle. Plaintiff claimed she suffered neck and back pain, headaches and a sore and swollen left trapezius muscle after the accident. Defendant denied liability and filed a cross-complaint against the driver who started the chain reaction by striking defendant’s vehicle. Defendant disputed the reasonableness and necessity of the plaintiff’s treatments. An arbitrator found in favor of the plaintiff but found the plaintiff’s treatment was excessive. He awarded plaintiff $10,000. The court entered judgment on the award, adding amounts for interest and costs.
Location: Clark County, Nevada
Case Name and Docket Number: Pacheco v. Williams, 13-A-693515-C

Rear-End Victim Wins Full Compensation at Trial

Type of Injury: Soft tissue back injuries
Award/Settlement Amount: $11,429
Case Summary: Defendant rear ended plaintiff’s vehicle. Plaintiff filed a negligence lawsuit against Defendant because of the accident. The plaintiff claimed soft tissue injuries to her back and sought damages for medical care and treatment, lost earnings, and property damage. Plaintiff further claimed general, compensatory, miscellaneous, and incidental damages in excess of $10,000. Defendant stipulated to liability in the accident but disputed the plaintiff’s alleged damages. Defendant alleged contributory negligence, superseding causes, acts of a third party and failure to mitigate damages as affirmative defenses. Jury decided in favor of the plaintiff and awarded her a total of $11,429.24, including more than $10,500 for past medical expenses, lost wages and pain and suffering; and $884 for future pain and suffering.
Location: Clark County, Nevada
Case Name and Docket Number: Burns v. Wong, A423332

Moderate Injury Case Examples

Moderate car accident injuries are more painful and may take weeks or months to heal. Moderate injuries may include simple fractures, bulging or herniated discs, brain concussions, and extensive soft-tissue injuries. There may be lingering effects of the injuries and victims may be out of work for a few months, depending on the physical requirements of their employment.

Judge Increases Jury Award to Rear-End Crash Victim

Type of Injury: Back and neck injuries
Award/Settlement Amount: $12,121
Case Summary: According to plaintiff, defendant rear-ended her at an intersection. Plaintiff claimed she suffered back and neck injuries. Defendant answered and said plaintiff failed to mitigate her damages and that her injuries were the result of an unavoidable accident. A jury in the short-trial program found in favor of plaintiff and awarded $1,170 in damages. In an order, the court described misconduct by defendant’s counsel, including counsel’s failure to attend the mandatory pre-trial conference and inappropriate conduct at trial as having “tainted and infected the jurors’ deliberations.” The court entered judgment for plaintiff in the amount of $12,121.25, which included an additional $1,951 for past medical damages, an additur of $6,000 for pain and suffering and $3,000 in attorney fees.
Location: Clark County, Nevada
Case Name and Docket Number: Belanger v. Swinbourne, A509581

Jury Increases Rear-End Collision Arbitration Award

Type of Injury: Back and neck injuries-T6 compression fracture, cervical and lumbar radiculitis with fingertip numbness; headaches; cervical and thoracic strains
Award/Settlement Amount: $12,597
Case Summary: Plaintiff said the defendant’s vehicle struck the rear of his vehicle as it was stopped at an intersection and fled the scene of the accident. Plaintiff suffered a T6 compression fracture, cervical and lumbar radiculitis with fingertip numbness, headaches and cervical and thoracic strains, as a result of the accident. The defendant denied liability. Before the jury trial, an arbitrator awarded the plaintiff $10,000. Jury found for plaintiff in the amount of $12,597.
Location: Clark County, Nevada
Case Name and Docket Number: Gomez v. Caldejon, 11-A-636869-C

At-Fault Driver Fully Liable for Two-Truck Rear-End Collision

Type of Injury: Back injuries
Award/Settlement Amount: $15,220
Case Summary: Plaintiff was hauling oversized pipe when his truck was hit from behind by defendant, who was driving a fully loaded double concrete truck. Plaintiff reported back pains after the accident and said he is now forced to stop his truck once an hour to “walk around and relieve the tension in his back.” The defendants denied the plaintiff’s claims, asserting the plaintiff did not “exercise ordinary care, caution or prudence” to avoid the accident and his resulting injuries. A jury found for the plaintiff, awarding him a total of $15,220.00 in damages. The jury concluded defendant was 100 percent at fault for the accident and the plaintiff’s injuries.
Location: Clark County, Nevada
Case Name and Docket Number: Brott v. Cataldo, A427970

Rear-End Accident Victim Wins Against Negligent Driver

Type of Injury: Shoulder, head, neck and back injuries
Award/Settlement Amount: $26,000
Case Summary: Plaintiff was driving east, when he stopped behind a vehicle that had braked for an ambulance. The emergency vehicle was traveling north with its siren on and its emergency lights flashing. Without warning, defendant, who was driving behind plaintiff, failed to stop and rear-ended plaintiff’s vehicle. Plaintiff claimed defendant’s negligent driving caused the plaintiff shoulder, head, neck and back injuries leaving him “physically and emotionally damaged.” The defendant denied the allegations. A jury found defendant negligent and awarded plaintiff $26,000. Of that amount, $20,000 was for past medical bills.
Location: Clark County, Nevada
Case Name and Docket Number: Anderson v. Headd, A452042

Jury Award to Rear-End Victim Despite At-Fault Driver’s Denial

Type of Injury: Injuries to neck, shoulder and back
Award/Settlement Amount: $39,866
Case Summary: Plaintiff and defendant were traveling south in separate vehicles near a Road off-ramp. According to defendant, he was traveling behind plaintiff, then switched lanes. When he attempted to move back behind plaintiff, who was braking as she approached traffic, defendant said he was unable to stop in time and “collided with the rear of plaintiff’s vehicle.” Plaintiff suffered injuries to her neck, shoulder and back. In her suit, plaintiff said defendant had driven recklessly and lost control of his vehicle prior to the incident. Defendant denied the allegations, asserting the affirmative defenses of insufficient facts, failure to mitigate damages and contributory negligence. A jury found for plaintiff and awarded her $39,866.
Location: Clark County, Nevada
Case Name and Docket Number: Hidalgo v. Soto, A420169

Severe Injury Case Examples

Severe car accident victims may suffer multiple injuries resulting in long-term impairment, chronic pain, or permanent scarring. Seriously injured rear-end crash victims can be out of work for months, and some can never return to the type of job they had before the accident.

Trucker and Employer Liable for Severe Rear-End Crash

Type of Injury: Soft tissue neck injury; head injury-skull fracture and brain contusion causing bell’s palsy
Award/Settlement Amount: $750,000
Case Summary: Plaintiff was driving north when a vehicle in front of her stopped abruptly. She applied her brakes and avoided a collision with that vehicle, but a truck following behind her was unable to stop in time and struck her vehicle. Defendant was driving the truck at the time of the accident while working for co-defendant. Due to the collision, plaintiff suffered soft tissue neck injury with skull fracture and brain contusion causing bell’s palsy. Defendants answered the plaintiff’s complaint by generally denying the allegations and asserting multiple affirmative defenses. The Jury found in favor of plaintiff and awarded him $10,000 for past medical expenses; $100,000 for past pain and suffering; $340,000 for future medical expenses; and $300,000 for future pain and suffering.
Location: Clark County, Nevada
Case Name and Docket Number: Cannon v. Larkin, A444900

Rear-End Accident Victim Defeats Allegation of Shared Fault

Type of Injury: Headaches and injuries to cervical and lumbar spine
Award/Settlement Amount: $1,728,801
Case Summary: Plaintiff said he was stopped for traffic when he was “suddenly and unexpectedly rear ended” by a vehicle driven by defendant. Plaintiff claimed he suffered headaches and injuries to his neck and back because of the accident. These injuries later necessitated surgery and the placement of an occipital stimulator, he added. The defendant admitted liability for the accident. However, he argued the affirmative defenses of contributory negligence, among others. A jury returned a verdict for plaintiff, awarding damages in the amount of $1,728,801 in damages.
Location: Clark County, Nevada
Case Name and Docket Number: Messer v. Escamilla-Estrada, A467965

Methodology

We researched and analyzed real Nevada cases resulting from rear-end collisions. Many cases settled out of court, while some went to arbitration or trial and won a monetary award. Our group of cases did not include wrongful death claims or cases that were lost at trial.

Averages are calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group. Unusually high payouts will skew the average higher. Final payouts reflect any reductions made after a jury determination of shared fault.

Explore average settlements and court awards for rear-end car accidents in Kansas. Find actual case examples similar to yours.

Rear-end collisions are the most common type of accident in the United States, accounting for 29 percent of all car crashes.¹

The average settlement for a moderate rear-end collision in Kansas is $41,126. Actual payout amounts ranged from $1,114 for minor soft-tissue injuries to $491,000 for more serious injuries.

Average Payouts for Kansas Rear-End Collisions

To get the average settlement amounts listed below, we analyzed a collection of real Kansas rear-end car accident cases. Our group only included cases that resulted in a payout to the injury victim.

Average Payout by Severity of Injury
Minor Injury	$7,048
Moderate Injury	$41,126
Severe Injury	$262,039
Payout Range by Type of Injury
Neck and Back Injuries	$1,114 - $491,000
Head Injuries	$3,659 - $254,631

Factors Affecting Kansas Rear-End Settlement Amounts

The extent of injuries and severity of the crash are primary factors in the final payout to the victim. Medical bills, lost income, out-of-pocket expenses, and an amount for the victim’s pain and suffering are included in settlement calculations.

Factors Affecting Payout Amounts

Other factors that influence injury payouts in Kansas include:

• Injury Severity – Injuries resulting in permanent disability, brain damage, or disfigurement settle for much higher amounts than soft-tissue injuries that will eventually heal.
• Shared Fault – Kansas is a modified comparative negligence state. You can seek compensation from the other party even if you share responsibility for your injuries, so long as the other party was more at fault than you. Your final payout will be reduced according to your percentage of fault.
• Auto Policy Limits – Kansas law mandates all vehicles to be covered by insurance no less than $25,000 per person and $50,000 per accident bodily injury liability, and $25,000 property damage liability. The minimum liability limit may not be enough to cover severe injury claims.
• Uninsured Motorist Coverage – Kansas requires auto policies to include uninsured motorist coverage (UM) and underinsured motorist (UIM) coverage equal to the mandatory liability limits of $25,000 per person and $50,000 per accident. Drivers with UI and UIM coverage have a source of compensation for serious injuries caused by someone with no insurance or not enough insurance.
• Multiple Claimants – The per-accident liability coverage amount carried by the at-fault driver may not be enough to go around when multiple victims are seriously injured in an accident.
• Venue and Jurisdiction – Insurance companies know which courts have a history of large jury awards issued to car accident victims. The at-fault driver’s insurer may offer a larger settlement to keep your case from going to a jury trial.
• Punitive Damages: Punitive damages can only be awarded by a judge or jury in a court trial when the accident was caused by the at-fault party’s willful or wanton conduct, fraud, or malice. Kansas’s punitive damage law limits the amount of punitive damages based on the defendant’s net worth.

Minor Injury Case Examples

Minor injuries from a rear-end accident can include scrapes, minor cuts, bumps and bruises. There may be muscle sprains or strains and stiffness. Most minor injury victims are back to normal within a few weeks, and only miss a few days to a week of work.

Rear-End Accident with Soft-Tissue Neck Injuries

Type of Injury: Soft tissue neck injury
Award/Settlement Amount: $1,114
Case Summary: Plaintiff’s vehicle was rear-ended by an automobile owned by Defendant at low speed. Plaintiff alleged that defendant’s employee was negligent in failing to maintain a proper lookout ahead, and in failing to stop in time to avoid a collision. Further, plaintiff suffered soft tissue neck injury. He claimed $200 in medical specials and no lost income. Defendant contended that: a pedestrian ran out into the path of its vehicle creating a sudden emergency; the vehicle slid on wet pavement when its operator applied the brakes or, in the alternative, the operator’s foot slipped off the brake onto the accelerator; and the accident was an act of God. Jury awarded plaintiff $1,114.00.
Location: Johnson County, Kansas
Case Name and Docket Number: Fisher v. Craven,03CV04782

Rear-End Collision with General Head, Neck, and Back Injuries

Type of Injury: Injuries to head, neck and back
Award/Settlement Amount: $3,659
Case Summary: Plaintiff was rear-ended by defendant, at an intersection. Plaintiff claimed he sustained personal injuries to his head, neck and back. Defendant argued plaintiff was contributorily at fault for the collision. He also denied that he was negligent, though by the time the case went to trial he had stipulated to liability. Jury considered only the question of damages, and awarded plaintiff $3,659.46 for medical expenses, economic loss, and loss of use of property.
Location: Johnson County, Kansas
Case Name and Docket Number: McCrary v. Clemens, 01-CV-07732

Victim Shared Fault for Rear-End Crash 

Type of Injury: Soft tissue back injuries
Award/Settlement Amount: $8,710
Case Summary: Plaintiff and defendant were traveling in the same direction. Road conditions were icy. As plaintiff attempted to make a wide right turn into the driveway of a bar, defendant’s vehicle slid on ice and struck the right rear quarter panel of plaintiff’s vehicle. Plaintiff suffered soft tissue back injuries in the collision. Two months later, the rotor from a helicopter fell onto plaintiff’s vehicle during an aviation accident. Defendant contended that: plaintiff failed to activate his turn signal; plaintiff’s injuries had fully resolved prior to the aviation accident; and plaintiff’s continuing back problems were not proximately related to the accident. Plaintiff’s award of $ 10,888 less 20% comparative negligence yielded a net verdict of $8,710. Per counsel, the fact that plaintiff had large gaps in treatment significantly impacted the outcome.
Location: Douglas County, Kansas
Case Name and Docket Number: Winter v. Duffield,03C340

Parties Settle Disputed Rear-End Accident Case

Type of Injury: Soft tissue cervical and lumbar injuries
Award/Settlement Amount: $9,000
Case Summary: Plaintiff pulled over to allow a friend to get out of the car. Defendant rear-ended plaintiff’s vehicle at a high rate of speed. Plaintiff’s vehicle was stopped one and one-half to two feet from the curb at the time of impact. Plaintiff alleged that: he was close enough to the curb to allow vehicles to pass safely; defendant was negligent in failing to maintain an assured clear distance ahead; and he suffered soft tissue cervical and lumbar injuries as a direct result of the accident. Defendant contended that plaintiff was contributorily negligent in parking more than 12 inches from the curb and that plaintiff’s injuries had fully resolved. Waiving a jury trial, parties subsequently entered into a settlement agreement.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Horn v. Talbert, 04CV3249

Judge Increases Jury Award for Rear-End Crash Injuries

Type of Injury: Soft tissue neck injuries
Award/Settlement Amount: $9,507
Case Summary: Defendant rear-ended plaintiff’s vehicle. Plaintiff treated with a chiropractor for six months post-accident for complaints of neck pain. The Court granted plaintiff’s Motion for Summary Judgment on the issue of liability and the case proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that he continues to experience pain as a direct result of the collision. Defendant contended that: plaintiff did not seek medical treatment until one-week post-accident; plaintiff socialized with friends at Christmas parties the night of the accident and over the following weekend; plaintiff did not miss any time from work; and plaintiff failed to fully comply with recommended treatment. Jury originally awarded plaintiff $8,256.70 but revised the amount to $9,506.70 after Judge advised that they had neglected to include noneconomic damages in the award.
Location: Johnson County, Kansas
Case Name and Docket Number: Dupy v. Powers, 02CV6680

Disputed Rear-End Accident Case Settled Before Trial 

Type of Injury: Soft tissue right wrist injury and soft tissue back injury
Award/Settlement Amount: $10,300
Case Summary: Plaintiff son was operating an automobile owned by plaintiff mother. As plaintiff son attempted to make a left turn, his automobile was rear-ended by a vehicle operated by defendant driver. Defendants admitted liability at trial and the case proceeded on the issue(s) of liability and proximate cause only. Plaintiff claimed he suffered soft tissue right wrist injury and soft tissue back injury requiring chiropractic care. Defendants contended that the brake pedal pad became detached from the pedal when defendant driver attempted to apply the brakes and that plaintiff son’s negligence was the sole proximate cause of the accident. Parties subsequently reached settlement in the amount of $10,300.
Location: Sedgwick County, Kansas
Case Name and Docket Number: C.H. v. Brush, 2015-CV-001100

Moderate Injury Case Examples

Moderate rear-end car accident injuries are more painful and may take weeks or months to heal. Moderate injuries may include simple fractures, bulging or herniated discs, brain concussions, and whiplash injuries. There may be some residual effects from the injuries. Victims could be out of work for a few months, depending on the physical demands of their employment.

Victim Rear-Ended While Slowing for Another Crash

Type of Injury: Low back injury
Award/Settlement Amount: $25,000
Case Summary: Plaintiff and his wife were traveling west when they came upon the scene of a previous accident involving Defendant 1. As plaintiff slowed his vehicle, he was struck from behind by Defendant 2. Plaintiff suffered a low back injury. Defendant1 contended that: plaintiff had passed a prior collision and was accelerating when defendant 2 rear-ended his vehicle; he reacted to the rear-end collision between plaintiff and defendant 2 and subsequently lost control of his vehicle; he (defendant) was not the proximate cause of the subject collision. Defendant2 contended that Defendant 1 Created an unsafe condition and that plaintiff was contributorily negligent. The parties reached settlement prior to trial, in which the defendants agreed to pay $25,000 to settle the plaintiff’s claims.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Silvey v. Turner, 2015-CV-001501

Chain Rear-End Accident Victim Accused of Exaggerating Injuries

Type of Injury: Two herniated cervical discs in neck and injury to low back with residual disc damage
Award/Settlement Amount: $29,506
Case Summary: Plaintiff was operating her auto in a line of vehicles. Defendant was operating the third vehicle behind plaintiff. Defendant rear-ended a truck which struck the vehicle behind plaintiff, forcing it into plaintiff’s car. Plaintiff then struck the vehicle in front of her. Plaintiff claimed that he suffered two herniated cervical discs in neck and injury to low back with residual disc damage as a direct result of the accident. Defendant contended that: the truck that she rear-ended had no brake lights; plaintiff’s vehicle sustained no property damage; and plaintiff was exaggerating the extent of her injuries and damages. Jury awarded plaintiff $29,505.55.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Valdes v. Goforth, 04CV4386

Victim Rear-Ended by Truck Wins Despite Disputed Injuries

Type of Injury: Injury to ulnar nerve (forearm) resulting in numbness
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was operating his vehicle when he stopped to turn into a donut shop. A truck, owned by Defendant, rear-ended plaintiff’s vehicle. Plaintiff was involved in four accidents between this accident and the time of trial. He claimed he suffered injury to ulnar nerve (forearm) resulting in numbness as a direct result of this accident. Defendant contended that plaintiff stopped suddenly and that the accident was unavoidable. Further, the plaintiff sustained little or no injury as a result of this accident. Jury returned a plaintiff verdict in the amount of $50,000.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Thayer v. Chavez, 2015-CV-000618

High-Speed Rear-End Crash Pushes Victim’s Car 40 Feet

Type of Injury: Soft tissue neck and back injuries; frequent headaches; numbness in right shoulder
Award/Settlement Amount: $60,000
Case Summary: Plaintiff and defendant were traveling in the same direction approaching an intersection. Plaintiff slowed her vehicle, intending to stop prior to making a left turn when he was rear-ended by defendant’s vehicle at a speed of 40 to 50 m.p.h., pushing it 40 feet. Plaintiff suffered soft tissue neck and back injuries; frequent headaches; and numbness in right shoulder. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff contended that injuries suffered in this collision hindered recovery following her cancer surgery. Defendant contended that the accident did not interfere with plaintiff’s rehabilitation and did not exacerbate plaintiff’s injuries. Jury awarded plaintiff $60,000. Per plaintiff’s counsel, the fact that plaintiff’s vehicle was pushed 40 feet significantly impacted the outcome.
Location: Johnson County, Kansas
Case Name and Docket Number: Beckman v. Western Sprinklers,10 CV 36

Severe Injury Case Examples

Severe rear-end crash victims may sustain multiple injuries, with ongoing pain and suffering. Some severe injury victims are totally and permanently disabled. Seriously injured victims may be out of work for months, and some are unable to return to the jobs they held before the crash.

Victim Rear-Ended by Bus Settles Out of Court

Type of Injury: TMJ; neurological damage; muscle injury
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was a passenger in a vehicle which was rear-ended by Defendant. Plaintiff suffered TMJ; neurological damage; and muscle injury. She was involved in another accident three months later. Plaintiff alleged that the accident involving defendant’s bus was the proximate cause of her injuries and that the subsequent accident only aggravated her injuries. Defendants admitted that they were negligent in causing the accident but contended that plaintiff’s injuries were caused by the subsequent accident. Parties subsequently settled for $100,000.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Herdt v. Trompke, 97 C 11677

Rear-End Victim Sues for Injuries, Wife for Loss of Consortium 

Type of Injury: Herniated disc at C6/C7
Award/Settlement Amount: $202,525
Case Summary: Plaintiff was traveling in the westbound lane. While stopped, plaintiff’s car was rear-ended by a car being driven by defendant. Plaintiff claimed he sustained a herniated disc at C6/C7 because of the accident, causing him to incur medical expenses, lost wages and pain and suffering. The complaint also included a count claiming loss of consortium of behalf of plaintiff’s wife. Defendant denied all of plaintiff’s allegations. A jury returned a verdict for the plaintiff, awarding him $202,524.94 in total damages. The award included $79,688.54 for past medical expenses and $75,000 for future non-economic loss.
Location: Johnson County, Kansas
Case Name and Docket Number: Wiebe v. Hicks, 03CV3822

Rear-End Brain Injury Award Reduced for Shared Fault

Type of Injury: Traumatic brain injury
Award/Settlement Amount: $254,631
Case Summary: While operating her vehicle westbound, plaintiff decelerated suddenly and attempted to turn right, onto a private drive. Her actions forced Defendant1 to make an emergency evasive maneuver, narrowly missing the plaintiffs’ vehicle. Defendant2 was following behind Defendant1 and attempted to avoid the plaintiff’s vehicle as well, but was unable to do so and collided with the rear of the plaintiff’s vehicle. Plaintiff suffered traumatic brain injury among other injuries. Defendant1 contented that plaintiff was comparatively at fault and that her injuries were not as severe as she claimed. Jury returned a verdict for the plaintiff, awarding her a total of $363,758, including $250,000 for future non-economic loss. However, the jury also found plaintiff 30% at fault. Plaintiff’s total damages were reduced to $254,630.73.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Capps v. Zoglman,04-CV-3288, 04-CV-3355

Victim Rear-Ended by Drunk Driver in Company Vehicle

Type of Injury: Neck Injuries-Herniated discs at C4-C5 and C6-C7
Award/Settlement Amount: $491,000
Case Summary: Defendant 1, an employee of Defendant 2, patronized a topless bar. As Defendant1 was driving home operating a vehicle belonging to his employer he rear-ended plaintiff’s vehicle, which was stopped at a red traffic light. Defendant1 was intoxicated at the time of the accident. Plaintiff suffered herniated discs at C4-C5 and C6-C7 resulting in 10% permanent partial disability of neck with residual paresthesia of arm, limitation in range of motion and chronic pain. Defendants contended that plaintiff was involved in a second rear-end collision ten months after this accident and that plaintiff’s injuries were not proximately related to this accident. Jury ruled in favor of plaintiff in the amount of $491,000 against both defendants. Per plaintiff’s counsel, defendant’s own physician testified on behalf of the plaintiff.
Location: Sedgwick County, Kansas
Case Name and Docket Number: O’Shea v. Welch, 2:01-cv-02336-JWL-JPO

Methodology

We collected and analyzed real Kansas car accident cases resulting from rear-end collisions. Many cases settled out of court, while some cases went to trial and won a jury award. Our group of cases did not include wrongful death claims, or cases that were lost at trial.

Averages are calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group. Final payouts reflect any reductions made after a jury determination of shared fault.

See average settlements and court awards for rear-end car accidents in New Mexico. Explore case examples similar to yours.

Rear-end collisions account for 21 percent of motor vehicle accidents in New Mexico.¹

The average settlement for a moderate rear-end collision in New Mexico is $37,360. Actual payout amounts ranged from $1,258 for minor soft-tissue injuries to $550,000 for more serious injuries.

Average Payouts for New Mexico Rear-End Collisions

To calculate average settlement amounts, we gathered and analyzed a group of New Mexico rear-end car accident cases. The cases include a variety of different types and severities of injuries.

Average Payout by Severity of Injury
Minor Injury	$6,940
Moderate Injury	$37,360
Severe Injury	$550,000
Payout Range by Type of Injury
Back and Neck Injuries	$1,258 - $550,000

While the majority of injuries in rear-end accidents are to the neck and back, our group contained a single head injury case that settled for $70,000.

Factors Affecting New Mexico Rear-End Settlements

Car accident settlements are largely based on the severity and cost of the victim’s medical care. For a minor injury, you can estimate compensation by adding medical bills, lost wages, and out-of-pocket expenses, then adding one to three times that amount for pain and suffering.

Wrongful death and severe injury cases must be evaluated by an experienced personal injury attorney to arrive at a fair demand for compensation.

Other factors that influence injury payouts in New Mexico include:

• Injury Severity – Compensation is higher for severe or disabling injuries than for relatively minor soft-tissue injuries.
• Shared Fault – New Mexico is a pure comparative negligence state. You can file a claim against the other party, even when you are more to blame than the other driver. However, your settlement or court award will be reduced according to your percentage of fault.
• Auto Policy Limits – New Mexico financial responsibility laws require drivers to have insurance with no less than $25,000 per person and $50,000 per accident bodily injury liability, and $10,000 property damage liability. The minimum limits won’t be enough to cover high-dollar injury claims.
• Uninsured Motorist Coverage – Companies selling auto policies in New Mexico must offer uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to the policy’s liability limits. The policyholder has the right to decline UM and UIM coverage.
• Multiple Claimants – The at-fault driver’s insurance limits may not be enough to go around when multiple victims are injured in the same accident.
• Venue and Jurisdiction – When your injury lawsuit would be filed in a court jurisdiction with a history of large jury awards to car accident victims, the insurance company may offer a higher settlement to keep your case from going to trial.
• Punitive Damages: Punitive damages are intended to punish the wrongdoer, and are only awarded when a judge or jury finds the at-fault party was egregiously or maliciously negligent. New Mexico has no laws capping the amount of punitive damages.

Minor Injury Case Examples

Minor injuries from a rear-end collision are usually soft-tissue injuries with soreness and stiffness, bumps, bruises, or minor concussions. Minor injuries generally heal completely within a week or two. The victim may miss a few days from work.

Small Jury Award for Rear-End Soft-Tissue Injuries

Type of Injury: Soft tissue neck injuries.
Award/Settlement Amount: $1,258
Case Summary: Plaintiff and defendant were traveling in the same direction. Plaintiff stopped at an intersection to make a right turn. Defendant rear-ended plaintiff’s vehicle. Plaintiff claimed he suffered soft tissue neck injuries from the impact. He claimed $3,711 in medical specials and $880 in lost income. Defendant contended that plaintiff proceeded forward from the stop sign and subsequently stopped for no apparent reason and that plaintiff’s negligence contributed to or was the proximate cause of the accident. Jury found that Defendant’s sole negligence was a proximate cause of the collision and awarded plaintiff $1,258.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Werner v. Bridgestone, 1:06CV142

Rear-End Accident In Drive-Thru Line

Type of Injury: Soft tissue injuries to neck and back
Award/Settlement Amount: $6,000
Case Summary: Plaintiff was waiting in line at a drive-in teller when her vehicle was rear-ended by defendant’s vehicle. Plaintiff got out and spoke with the defendant driver, who refused to identify herself. Plaintiff took defendant’s license number and later determined that the wife of the vehicle’s owner was not the female who had struck her. Plaintiff said she suffered soft tissue injuries to neck and back from the impact. Defendant contended that: any injuries plaintiff sustained where the result of an auto accident plaintiff had been involved in earlier that day, where she had rear-ended a vehicle during rush hour traffic; and there was insufficient evidence to prove that the defendant driver had acted intentionally. The case subsequently settled for $6,000.
Location: Sandoval County, New Mexico
Case Name and Docket Number: Tonya v. Wasson, D-101-CV-2013-01762

Rear-End Victim Only Awarded for Soft-Tissue Injuries

Type of Injury: Shoulder injury-Rotator cuff; herniated disc in low back; soft tissue neck injury
Award/Settlement Amount: $10,000
Case Summary: Defendant rear-ended plaintiff’s vehicle. Neither vehicle sustained property damage. Post-accident, plaintiff treated with a chiropractor for headaches, neck pain and low back pain for 1.5 years before presenting to an orthopedist. The orthopedist performed rotator cuff surgery and diagnosed a herniated low back disc. Plaintiff had treated with the chiropractor on six occasions for headaches and neck pain prior to the accident. Defendant contended that plaintiff’s injuries were not proximately related to the accident and that plaintiff did not suffer a serious impairment of a bodily function. Jury awarded plaintiff $10,000. According to defendant’s counsel, the jury compensated plaintiff for her soft tissue injuries only.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Rojas v. Nunez, D-202-CV-2015-08340

Taxi Driver Rear-Ended In Heavy Rain

Type of Injury: Soft tissue injury to right shoulder
Award/Settlement Amount: $10,500
Case Summary: Plaintiff was operating a taxicab in a westerly direction. A heavy rain was falling. Plaintiff was traveling in the right lane when a police officer holding a flare instructed plaintiff to stop. Defendant struck the vehicle traveling behind plaintiff, who in turn rear-ended plaintiff’s vehicle. Plaintiff suffered soft tissue injury to right shoulder. Plaintiff claimed that defendant was negligent in following too closely and in driving too fast for conditions. Defendant contended that: plaintiff stopped to pick up a fare; defendant made a sudden unsignaled stop; and plaintiff was exaggerating his injuries. Jury returned a plaintiff verdict in the amount of $10,500.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Padilla v. Graham, 202-CV-9809229

Moderate Injury Case Examples

Moderate injuries take longer to heal and require more medical care. Moderate injuries from a rear-end crash can include more significant soft-tissue injuries, concussions, herniated discs, and simple fractures. Victims may have residual effects from their injuries and may be out of work for weeks or months.

Multi-Vehicle Rear-End Crash With Tractor-Trailer

Type of Injury: Sprained left shoulder
Award/Settlement Amount: $15,000
Case Summary: Plaintiff was traveling in the left lane of a southbound route. There were three southbound lanes. Defendant1 was driving in the middle lane in a tractor-trailer owned by Defendant 2. Defendant 3 was traveling in the far right lane. She pulled into the middle lane and Defendant1 rear-ended her vehicle, causing her to strike plaintiff’s vehicle. Plaintiff said he sprained his left shoulder and claimed $3,698 in medical specials and $2,880 in lost income. Defendant 3 contended that Defendant1 struck her vehicle, thereby causing the chain of events. Defendant1 and defendant2 contended there was no contact between the truck and defendant3’s vehicle. Jury awarded plaintiff a total of $15,000: $11,000 of which were payable by Defendant 3.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Peshlakai v. Amrest LLC, D-101-CV-201002669

At-Fault Student Driver Blames Sneeze for Rear-End Crash

Type of Injury: Soft tissue neck and back injuries; fibromyalgia
Award/Settlement Amount: $15,000
Case Summary: Plaintiff was stopped in traffic at a red light when defendant rear-ended her automobile. Defendant, a student driver, had changed multiple lanes prior to striking plaintiff’s vehicle. Plaintiff claimed she suffered soft tissue neck and back injuries and permanent fibromyalgia as a direct result of the collision. Defendant contended that: he sneezed, creating a sudden emergency; plaintiff had been involved in a prior accident with similar injuries; and plaintiff’s injuries were not proximately related to the accident. Jury ruled in favor of plaintiff and awarded her $15,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Marcellino v. Denny, 1:15cv55

Rear-End Accident in Rush-Hour Traffic

Type of Injury: Neck injury-disc herniation in cervical spine
Award/Settlement Amount: $23,000
Case Summary: Plaintiff was driving in slow moving rush hour traffic when defendant rear-ended her automobile. Plaintiff claimed she suffered a two-level disc herniation in her cervical spine, and that she fell on four occasions post-accident due to her inability to properly and fully move her neck. Plaintiff further alleged that she had a three-month gap in treatment because treatment was not alleviating her symptoms and that several “normal” exams of her neck post-accident were due to intermittent symptomatology. Defendant contended that: the impact occurred at a slow speed; the subsequent falls were the proximate cause of plaintiff’s injuries; and plaintiff’s injuries fully resolved in three months. Jury awarded plaintiff $23,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Perea v. Conner, 1:13-cv-00697-KG-LAM

Falling Baby Stroller Causes Rear-End Crash

Type of Injury: Soft tissue injuries to neck and back
Award/Settlement Amount: $63,800
Case Summary: Defendant1 was hauling a baby stroller on the top of her vehicle. The stroller fell off the top of the vehicle. One portion struck the front of plaintiff’s automobile, which was following Defendant and then fell under plaintiff’s front wheels. Plaintiff stopped and Defendant 2, who was following plaintiff struck her vehicle. Plaintiff said she suffered soft tissue injuries to neck and back resulting in hip discomfort when walking and standing. Defendant1 contended that plaintiff was contributorily negligent in following too closely and in failing to maintain proper control of her vehicle and that plaintiff’s injuries were proximately caused by Defendant2’s negligence in rear-ending her vehicle. Jury found both defendants were at fault for the wreck and awarded plaintiff $63,800: $36,300 against Defendant1; $27,500 against Defendant 2.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Pena v. Hawes, Jr, 12-cv-00622

Jury Award To Passenger Injured in Rear-End Crash

Type of Injury: Neck and back strain; headaches; dizziness
Award/Settlement Amount: $70,000
Case Summary: Defendant rear-ended the vehicle in which plaintiff was a passenger. Plaintiff’s host vehicle was stopped at a traffic light prior to the crash. Plaintiff said he suffered neck and back strain, headaches, and dizziness. He claimed $21,393 in medical specials and $2,212 in lost income. Defendant contended that he intended to move from the left lane to the right lane as he approached the intersection and that a vehicle which approached very quickly alongside of him prevented him from changing lanes. Defendant further contended that it was raining at the time of the accident and that he was unable to stop due to the slick roadway. Jury found in favor of plaintiff.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Brooke v. Al-Homsi , 1:15-cv-01009-PJK-KBM

Severe Injury Case Examples

Severe injuries from a rear-end crash may take months to years to heal, and many victims are left with permanent impairments or disfigurement. Victims will be unable to work for an extended period of time, and some will never be able to resume pre-accident activities.

Rear-End Crash Victim’s Injuries Disputed by Defendant

Type of Injury: Herniated cervical disc in neck and exacerbation of pre-existing low back herniation.
Award/Settlement Amount: $550,000
Case Summary: Plaintiff and Defendant, who was operating a vehicle owned by co-defendant, were traveling in the same direction when Defendant rear-ended plaintiff’s vehicle. Plaintiff had previously undergone surgery for a herniated lumbar disc. Five weeks post-accident, plaintiff was diagnosed with a herniated cervical disc and underwent a cervical laminectomy two years later. Defendants did not admit liability but did not seriously contest it. Defendants contended that: plaintiff’s low back herniation pre-existed the accident as shown by an MRI six months prior to the collision; plaintiff’s herniated cervical disc was not proximately related to the accident; and plaintiff could return to her previous sedentary work position. Jury returned a plaintiff verdict in the amount of $550,000.
Location: Bernalillo County, New Mexico
Case Name and Docket Number: Littleton v. Parson, D-1215-CV-200400235

Methodology

We focused on New Mexico car accident cases resulting from rear-end collisions. This group does not include wrongful death cases or those that did not result in a payout to the injured victim.

All cases were filed in New Mexico courts, although many settled out-of-court, before trial.

Listed payouts reflect the final award to the injured party, adjusted to account for shared blame reductions if applicable. Averages are calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group.

See a range of injury payouts for rear-end collisions in Louisiana. Look for accidents similar to yours.

Almost 30 percent of all car accidents in the U.S. are rear-end collisions. These accidents are responsible for approximately 30 percent of all auto injuries.¹

The average settlement for a moderate rear-end collision in Louisiana is $19,836. Actual payout amounts ranged from $6,154 for minor soft-tissue injuries to $281,922 for more serious injuries.

Average Payouts for Louisiana Rear-End Collisions

To calculate average payout amounts, we collected and analyzed a group of Louisiana injury lawsuits arising from rear-end accidents. The cases include a variety of personal injuries, from minor to severe.

Average Payout by Severity of Injury
Minor Injury	$6,680
Moderate Injury	$19,836
Severe Injury	$108,356
Payout Range by Type of Injury
Neck and Back Injuries	$6,152 - $281,922
Head Injuries	$6,152 - $26,847

The majority of injuries in rear-end accidents are to the neck and back, although some victims also suffer some type of head injury, including headaches and facial lacerations.

Factors Affecting Louisiana Rear-End Settlements

The extent and cost of the victim’s injuries are the prime factors in estimating settlement value. You can estimate the value of a rear-end claim by adding up medical bills, lost wages, and out-of-pocket expenses. Then add one to three times the total to account for “general” damages, like inconvenience, physical pain, and loss of enjoyment of life during recovery.

Severe injury cases and wrongful death claims should be evaluated by an experienced personal injury lawyer to determine fair compensation.

Other factors that influence injury payouts in Louisiana include:

• Injury Severity – Insurance adjusters won’t pay as much for a minor whiplash as they will for medically verified disc damage.
• Shared Fault – Louisiana is a pure comparative fault state. If you are proven to have contributed to causing your injuries, your payout will be reduced by your percentage of fault.
• Auto Policy Limits – Louisiana law requires drivers to carry liability auto insurance of at least $15,000 per person and $30,000 per accident bodily injury liability, and $25,000 property damage liability. The minimum coverage limits may not be enough to fully compensate for your damages.
• Uninsured Motorist Coverage – Louisiana requires insurers to offer uninsured motorist coverage (UM) equal to the policy’s liability limits. The policyholder can sign a form to reduce the amount of UM coverage. Your UM coverage will help pay for damages caused by a driver with no insurance or not enough insurance.
• Multiple Claimants – The liability limits carried by the at-fault driver may not be enough to go around when multiple people are injured in the same accident.
• Venue and Jurisdiction – The at-fault driver’s insurer may offer more to settle your claim when you’re in a jurisdiction with a history of large personal injury awards.
• Punitive Damages: Punitive damages are intended to punish the wrongdoer for egregious conduct. In Louisiana car accidents, punitive damages are usually limited to cases of severe injury or death caused by an impaired driver.

Minor Injury Case Examples

Common minor rear-end crash injuries are muscle soreness and stiffness, bumps, bruises, and other general soft-tissue injuries. After the initial medical evaluation, most minor injury victims recover after a few days of rest and over-the-counter pain medication. The injured person may miss a few days from work.

Rear-End Accident Neck and Back Sprains, Headache

Type of Injury: Back Injury- Lumbar sprain; Other- headaches and neck pain
Award/Settlement Amount: $6,152
Case Summary: Plaintiff stopped to make a left turn into a business parking lot when Defendant rear-ended his motor vehicle and backed up into another third-party vehicle. Plaintiff sustained a lumbar strain/sprain, neck pain and headaches. Plaintiff sued defendant for negligence, seeking damages for pain and suffering, medical expenses, and lost wages. Defendant admitted that an accident occurred but denied that Plaintiff sustained any injuries, claiming that the only physical damages sustained in the accident were between his and third party’s vehicles. The judge ruled in favor of Plaintiff.
Location: Baton Rouge, Louisiana
Case Name and Docket Number: Craig v. Corban, 512080

Rear-End Crash Victim Award for Thoracic Back Pain

Type of Injury: Back Injury- Neck and Back pain
Award/Settlement Amount: $6,211
Case Summary: Defendant lost control of his vehicle and crashed into the rear end of plaintiff’s vehicle. Plaintiff suffered neck and back pain at the T-12 through L1 region of his spine. Plaintiff sued defendant for failure to maintain control of his vehicle and observe traffic conditions. Plaintiff sought damages for medical expenses, pain and suffering, lost wages and disability. Defendants denied liability and asserted that plaintiff was comparatively negligent and that he failed to mitigate his damages. The judge ruled in favor of Plaintiff, awarding $5,000 in general damages and $1,211 in past medical expenses.
Location: Baton Rouge, Louisiana
Case Name and Docket Number: R.D. v. Johnson, 517365

Rear-End Crash Injuries Challenged by Defendant

Type of Injury: Back Injury- Cervical and Lumbar strain and sprain, Herniated cervical and lumbar discs, Nerve root impingement.
Award/Settlement Amount: $7,678
Case Summary: Plaintiff’s vehicle was rear ended by a vehicle driven by the defendant when plaintiff stopped to make a right turn into the parking lot. Plaintiff sustained cervical and lumbar sprain, herniated disk and nervous system injuries. Plaintiff sued defendant and his insurer alleging defendant drove negligently. Plaintiff sought damages for injuries, pain and suffering, lost wages, diminishing earning capacity and medical expenses. Defendants denied liability and asserted plaintiff injuries resulted from a prior accident. The jury returned a plaintiff verdict.
Location: Folsom, Louisiana
Case Name and Docket Number: Huffman v. Junker, 2004-15295

Moderate Injury Case Examples

Moderate rear-end collision injuries include more extensive soft-tissue injuries, particularly to the neck and back, pinched or herniated discs, concussions, and simple fractures. Victims will take longer to heal, and may need physical therapy. The residual effects may keep the victim out of work for weeks or months, depending on the physical demands of their employment.

Rear-End Accident Award for Soft-Tissue Injury

Type of Injury: Back Injury- Muscle strains and sprains, Others- bruises, contusions, lacerations of muscles, tendons, ligaments
Award/Settlement Amount: $9,873
Case Summary: Plaintiff was stopped at a traffic light when she was rear ended by a vehicle driven by the defendant. Plaintiff sustained bruises, contusions, laceration of muscles, tendons ligaments and other tissues. Plaintiff sued defendant and her insurer contending defendant failed to obey a red light. Plaintiff sought damages for mental anguish and distress, physical disability, damage to her vehicle and wage loss. Defendants denied liability asserting insufficient evidence. The judge found in favor of plaintiff, awarding $6,000 for pain and suffering and $3,872.53 for medical expenses.
Location: East Baton Rouge, Louisiana
Case Name and Docket Number: Colbert v. Burkett, 521189

Plaintiff Award for Injuries from Two Rear-End Accidents

Type of Injury: Back Injury- Cervical strain, Lumbar sprain, Chronic low back pain and headaches, soft-tissue injury
Award/Settlement Amount: $11,600
Case Summary: On two separate occasions, plaintiff was involved in motor vehicle accidents. In the first accident, her vehicle was rear ended while in the second accident defendant’s vehicle brakes failed and he crashed into her vehicle. Plaintiff sustained back pain, headaches, lumbar sprain, cervical strain, and soft tissue injuries. Plaintiff sued defendants separately alleging in-attentive driving, failing to yield and operating vehicles in unsafe manner. The cases were consolidated for trial. Defendants denied all allegations. A bench trial resulted in a judgement in Plaintiffs favor.
Location: Lafayette, Louisiana
Case Name and Docket Number: Malbreaux v. Broussard and Frazier, 2002-3970, 5372

Defendant Denies Liability for Rear-End Collision

Type of Injury: Back Injury- Cervical strain, Lumbar strain; Chest Injury- Thoracic strain; Leg Injury- Left knee strain
Award/Settlement Amount: $14,460
Case Summary: Plaintiff’s vehicle was rear-ended by the defendant. Plaintiff sustained cervical, thoracic, lumbar, and left knee strain. Plaintiff sued defendant and her insurer alleging defendant’s negligence was the sole cause of the collision. Plaintiff sought damages for pain and suffering, medical expenses, mental anguish, and wage loss. Defendants denied liability, asserted plaintiff or third party caused the accident. The Judge entered judgment in favor of Plaintiff, awarding $10,000 in general damages, $3,658.04 for medical expenses, and $802.44 for lost wages.
Location: Tangipahoa Parish, Louisiana
Case Name and Docket Number: Hayden v. Roy, 2005-0002677

Rear-End Victim Awarded for Multiple Injuries

Type of Injury: Head Injury- Open head Injury; Back Injury- Low back pain; Leg Injury- Left leg bruises, Right leg numbness
Award/Settlement Amount: $20,000
Case Summary: Plaintiff had stopped due to congested traffic when her vehicle was rear ended by a vehicle driven by the defendant. Plaintiff suffered headaches, left leg bruises, right leg numbness and back pain. Plaintiff received treatment after the accident and underwent a CT scan. Plaintiff sued defendant and his insurer, alleging injuries to her nervous system and mental stability. Plaintiff alleged the defendant failed to keep his vehicle under proper control and sought damages for disability, lost earning, loss of earning capacity and medical expenses. Defendants admitted liability.
Location: Parish of Calcasieu, Louisiana
Case Name and Docket Number: Lester v. Dobbs, 2002-002429

Judge Awards Damages to Passenger of At-Fault Rear-End Driver

Type of Injury: Back Injuries- Cervical strain, muscle spasms, Right upper extremity radicular symptoms
Award/Settlement Amount: $21,000
Case Summary: Plaintiff was a passenger in defendant’s vehicle when the defendant failed to stop for a vehicle that was slowing for traffic lights and crashed into a car in front of them. Plaintiff sustained a cervical strain, muscle spasms, and neck strain. Plaintiff sued defendant and her insurer claiming defendant failed to stop in a timely manner and failed to properly control his vehicle. Plaintiff sought damages for medical expenses, pain and suffering and lost income. Defendants denied liability asserting the fault rested with a third party (driver of the rear- ended car.) Eventually, the defendants stipulated to liability and the Judge assessed damages.
Location: Parish of Ascension, Louisiana
Case Name and Docket Number: Martinez v. LeBlanc, 75287

Jury Verdict for Rear-End Crash Victim, Defendant Denied Liability

Type of Injury: Back Injury; Cervical strain, Muscle spasms, Disc bulges at C5-6, Carpal tunnel syndrome, Other General Injuries; Head, Neck and Shoulder pain
Award/Settlement Amount: $26,847
Case Summary: Plaintiff had stopped for traffic when her vehicle was rear ended by the defendant. Plaintiff sustained a cervical strain, disk bulges at C5-C6, carpal tunnel syndrome, head, neck and shoulder injuries. Plaintiff sued defendant, his insurer, and her own insurer. Plaintiff alleged defendant operated his vehicle in careless manner, failed to maintain proper control and followed too closely. Plaintiff sought compensation for pain and suffering, lost wages, medical expenses, and property damage. Defendants denied liability asserting plaintiff was solely at fault for the accident. The jury returned a plaintiff verdict, assessing all damages against Defendant and his insurance.
Location: East Baton Rouge, Louisiana
Case Name and Docket Number: Smith v. Roberts, 527941

Rear-End Crash Victim Award for Back Injuries

Type of Injury: Back Injury- Neck and back strain and anterior subluxation of C4 in relation to C5
Award/Settlement Amount: $35,073
Case Summary: Plaintiff stopped for a line of traffic when a vehicle operated by the defendant rear- ended her vehicle. Plaintiff sustained neck and back strain and anterior subluxation of C4 in relation to C5. Plaintiff sued defendant, contending defendant failed to yield and did not apply her brakes in time. Plaintiff sought damages for medical expenses, mental distress and lost wages. Defendant admitted liability but termed the accident as minor and the parties couldn’t agree on a settlement sum. The court assessed damages, awarding $4,742.00 for past medical expenses, $12,331.00 for future medical expenses and $18,000.00 for general damages.
Location: East Baton Rouge, Louisiana
Case Name and Docket Number: Schilf v. Keller, 512078

Severe Injury Case Examples

Severe injuries from a rear-end crash can result in short-term or long-term disability, with residual effects that impact the person’s mobility. The victim will require more medical care, and possibly surgery for neck and back damage, complex fractures, or internal injuries. The victim may also suffer head or brain injuries.

Rear-End Crash Victim Awarded Judgment for Injuries

Type of Injury: Back Injury- Cervical and Lumbar Strain, Disc protrusion, disc bulge; Other; Leg injury-assomoid fracture of right foot
Award/Settlement Amount: $50,000
Case Summary: Defendant pulled out of a parking lot in front of Plaintiff, causing Plaintiff to crash into the rear-end of his vehicle. Plaintiff sustained cervical and lumbar sprain, disk protrusion, disk bulge at C-5-6 and C6-7 and facet joint arthropathy at L4-5. Plaintiff sued defendant and his insurer. Plaintiff claimed defendant failed to maintain proper vehicle control and sought damages for medical expenses, lost earnings, property damage and loss of use of her vehicle. Defendants denied liability asserting plaintiff was the sole cause of the accident as they failed to take evasive action to avoid hitting defendant’s vehicle. The court passed judgement in favor of plaintiff after a bench trial.
Location: Baton Rouge, Louisiana
Case Name and Docket Number: White v. Ables, 97940

Rear-End Crash Injuries with Loss of Earning Capacity

Type of Injury: Back Injury- Injury to lower back at L4-5 and numbness in legs
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was involved in a motor vehicle accident when a car driven by defendant struck her vehicle from behind. Plaintiff sustained lower back injuries at L4-5 and numbness in legs. Plaintiff sued defendant and her insurer contending defendant failed to keep her vehicle under proper control. Plaintiff sought damages for medical expenses, lost wage and loss of earning capacity. Defendant denied liability and claimed plaintiff’s injuries resulted from prior back surgery. The judge ruled in favor of plaintiff.
Location: Parish of Orleans, Louisiana
Case Name and Docket Number: McCarter v. Sanchez, 98-20012

At-Fault Rear End Driver Argues Victim’s Injuries Pre-Existing

Type of Injury: Back Injury- Lumbosacral strain; sprain and strain of the cervical, thoracic and lumbar spine; thoracic outlet syndrome
Award/Settlement Amount: $51,500
Case Summary: Plaintiffs, was rear ended by a vehicle operated by the defendant and owned by the co-defendant. Plaintiff sustained lumbar sacral strain, cervical strain, thoracic and lumbar spine strain, and thoracic outlet syndrome. Plaintiff sued defendant and codefendant for negligence. Defendants admitted liability and the case proceeded to trial on damages only. Defendants asserted that plaintiff had been involved in prior accidents and the injuries were pre-existing. The judge found in favor of the plaintiff.
Location: Parish of Natchitoches, Louisiana
Case Name and Docket Number: Bernard v. Dove, 72,987-A

Rear-End Accident Victim Suffers Disabling Back Injury

Type of Injury: Back Injury- Injuries to lower back in L5-S1
Award/Settlement Amount: $281,922
Case Summary: Plaintiff’s vehicle was rear ended by a vehicle driven by the defendant. Plaintiff sustained injuries to lower back in L5-S1, requiring disc replacement surgery. Plaintiff sued defendants, contending defendant failed to keep a proper look out. Plaintiff sought damages for personal injuries, medical expenses, and lost wages. Defendants denied all liability. The judge found in favor of plaintiff, awarding $50,000 for pain and suffering, $147,922.23 for medical expenses, $30,000 for disability, $34,000 for lost wages, and $20,000 for lost enjoyment of life.
Location: Parish of East Baton Rouge, Louisiana
Case Name and Docket Number: Arnold v. Hill, 480840

Methodology

We focused on Louisiana car accident lawsuits resulting from rear-end collisions. Cases were resolved by out-of-court settlements, jury trial, or bench trial. This case group does not include wrongful death claims or cases that did not result in a payout to the injured victim.

Payouts reflect any reduction made because of shared fault. Final amounts reflect the payout to an individual claimant. Payouts in cases with more than one plaintiff reflect the highest portion awarded to one of the plaintiffs.

Averages are calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group.

See actual payouts for rear-end collision cases in the Commonwealth of Kentucky. Look for cases similar to yours.

Rear-end collisions account for nearly 17 percent of all car accidents in the Commonwealth of Kentucky.¹

The average settlement for a moderate rear-end collision in Kentucky is $36,345. Actual payout amounts ranged from $4,431 for minor soft-tissue injuries to $680,171 for serious brain injuries.

Average Payouts for Kentucky Rear-End Collisions

Here we analyzed a group of personal injury lawsuits filed in Kentucky courts arising from rear-end collisions. Averages are calculated by adding the payouts for the group, then dividing by the number of cases.

Average Payout by Severity of Injury
Minor Injury	$8,716
Moderate Injury	$36,345
Severe Injury	$342,950
Payout Range by Type of Injury
Neck and Back Injuries	$4,431- $501,827

Neck and back injuries are common in rear-end collisions, and account for most of the injuries in our rear-end cases. In this group, neck and back injuries ranged from mild soft-tissue strains to herniated discs that led to fusion surgery.

Rear-end crashes can cause other injuries as well, as seen in six of our rear-end cases with head injuries ranging from post-accident headaches to severe brain bleeds.

Factors Affecting Kentucky Rear-End Settlements

Kentucky is a no-fault auto insurance state. Injured drivers and their passengers must first rely on Personal Injury Protection (PIP) coverage under the driver’s auto insurance.

PIP covers reasonable medical expenses, lost wages, and some types of replacement services, like lawn care. PIP will not pay non-economic damages, so you won’t be compensated for pain and suffering.

There are exceptions to the no-fault rule for some types of serious injuries. When your injuries are serious enough to exceed the no-fault threshold, you can seek compensation for all your damages from the at-fault driver. Usually, that means filing a liability claim with the at-fault driver’s insurance company.

Serious injury claims should be handled by an experienced personal injury attorney to ensure the best outcome for the victims.

Other factors that affect injury payouts in Kentucky include:

• Injury Severity– Serious injuries with long-term consequences are high-dollar claims, compared to minor bumps or sprains.
• Shared Fault – Kentucky follows a pure comparative fault rule. You can claim compensation from the other driver, even when you are more to blame than they are. Your final compensation will be reduced to account for your share of blame for your injuries.
• Auto Policy Limits – Drivers and car owners in Kentucky are required to carry insurance with liability coverage of at least $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 for property damage. All policies must have at least $10,000 in basic PIP coverage. The cost of your damages may be more than the at-fault driver’s liability limits.
• Uninsured Motorist Coverage – Insurance companies selling policies in Kentucky must offer uninsured motorist coverage (UM)  and underinsured motorist coverage (UIM) equal to the policy’s liability limits. The policyholder has the right to reject UM and UIM coverage.
• Multiple Claimants – When multiple people are seriously injured in a collision, the at-fault driver’s liability limits may not be enough to pay every claim.
• Venue and Jurisdiction – Adjusters know which jurisdictions tend to favor injury victims in court. You may get a better settlement offer to keep your case out of court.
• Punitive Damages: Kentucky has no caps on punitive damage awards that are intended the punish the at-fault party for acting with oppression, fraud, or malice.

Minor Injury Case Examples

A sore neck, shoulders, or back are common complaints after a rear-end accident. Minor soft-tissue bruises, scrapes, and sprains heal completely in a few days or weeks. The victim may miss a few days of work.

Passenger Hurt in Rear-End Crash with At-Fault Coworker

Type of Injury: Soft tissue neck and knee pain; Other-cervical strain
Award/Settlement Amount: $4,431
Case Summary: Plaintiff rode with her co-worker/defendant, as they left work. While attempting a left turn, defendant turned into the path of another car, leading to a collision. Plaintiff was treated for soft-tissue neck and knee pain. Two weeks later, plaintiff was involved in another automobile accident. This time she was rear-ended while at a red light. Following this accident, plaintiff was diagnosed with a cervical strain. Plaintiff then sued defendant, seeking money damages for her injuries. Defendant conceded liability prior to trial but defended the case focusing on causation and damages. Specifically, she claimed that plaintiff’s injuries were caused by the second accident and not the first. Jury awarded plaintiff $4,431.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Denton v. Bishop, 99 CI 1151

Passenger Award for Low-Impact Rear-End Accident

Type of Injury: Neck injury-cervical strain and post-traumatic headaches
Award/Settlement Amount: $4,592
Case Summary: Defendant rear-ended an automobile in which plaintiff was a passenger. The plaintiff suffered cervical strain in neck and post-traumatic headaches. Plaintiff alleged that defendant was negligent in failing to maintain a proper lookout and in failing to maintain proper control of his vehicle. Defendant contended that: he mistakenly took his foot off the clutch of his vehicle believing the vehicle was in neutral; his vehicle moved forward and struck the vehicle in which plaintiff was a passenger in a minimal impact collision; and plaintiff’s injuries were proximately related to prior and subsequent accidents. Jury awarded plaintiff $4,592 in damages.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Edelen v. Dean, 13-6614

Rear-End Victim with Pre-Existing Disc Disease

Type of Injury: Soft-tissue back, neck and shoulder injuries; Others-headache and a disc bulge at T-12.
Award/Settlement Amount: $5,762
Case Summary: While waiting at an intersection for traffic to clear so that she could turn plaintiff was rear-ended by defendant. As a result of the collision, plaintiff said she experienced severe headaches along with low back, neck, and shoulder pain. She treated with her doctor for these soft-tissue injuries. After an MRI, plaintiff’s doctor diagnosed her with a small disc bulge at T12 while also noting the degenerative disc disease symptoms were “kindled” by the crash. The defense tended to discount the injury, focusing on the minor vehicle damage. As liability was admitted, the trial considered damage issues only. The jury awarded plaintiff $5,762.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Swecker v. Rogers, 98 CI 7080

Defendant Disputes Rear-End Crash Victim Injuries

Type of Injury: General soft tissue injuries
Award/Settlement Amount: $5,997
Case Summary: Plaintiff was involved in a minor automobile accident while waiting at the stop light. Plaintiff alleged she sustained soft tissue injuries as a direct result of this accident and testified that she did not remember any preexisting problems. Plaintiff claimed the impact was sufficient to cause her injuries. Defendant admitted she struck the rear of plaintiff’s vehicle but denied that plaintiff was injured in this minor impact. She claimed plaintiff had similar complaints per her medical records prior to this accident and that plaintiff’s injuries were likely preexisting. Jury returned a plaintiff verdict for $5,997.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Perkins v. Hammond, 2011-CI-005474

Driver on Cell Phone Liable for Rear-End Crash

Type of Injury: Soft tissue shoulder and neck injuries
Award/Settlement Amount: $9,620
Case Summary: Plaintiff was stopped at a traffic light when defendant rear-ended his vehicle. Defendant was talking on her car phone at the time of the accident. Plaintiff suffered soft tissue shoulder and neck injuries. Plaintiff contended that defendant was negligent in failing to pay full time and attention to the operation of her vehicle and that it is negligence per se for one to talk on a car phone while operating a vehicle. Plaintiff claimed $5,000 in medical specials and $250 in lost income. Defendant contended that plaintiff suddenly pulled in front of her vehicle and that she was unable to stop in time to avoid a collision. Jury awarded plaintiff $9,620.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Wilson v. Brown, 96 CI 4886

Jury Favors Rear-End Plaintiff, Defendant Denied Liability

Type of Injury: Back injury, aggravated TMJ and cervical and lumbar strains
Award/Settlement Amount: $9,847
Case Summary: Plaintiff was involved in two separate motor vehicle accidents which occurred on two different dates. In the first accident, her vehicle was struck from the rear while she was stopped in traffic on a public roadway. In the second accident, her vehicle was struck broadside as she exited a parking lot. Plaintiff said she suffered aggravated TMJ and cervical and lumbar strains from the combined effects of the two accidents. The defendants denied liability and contended that the plaintiff’s injuries were preexisting. Jury returned a plaintiff verdict.
Location: Jefferson County, Kentucky
Case Name and Docket Number: White v. Herbert, 99 CI 3481

Rear-End Case Settles the First Day of Trial

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $11,100
Case Summary: Plaintiff was operating the first vehicle in a line of vehicles. Defendant rear-ended the vehicle behind plaintiff, pushing it into plaintiff’s vehicle. Plaintiff alleged that defendant was negligent in failing to maintain proper control of her vehicle and in failing to maintain an assured clear distance ahead. Plaintiff said he suffered soft tissue neck and back injuries due to defendant’s negligence. Defendant contended she was unable to stop due to slippery road conditions; the intervening vehicle was the proximate cause of the damage to plaintiff’s vehicle; and the extent of her liability was uncertain. Per counsel, case settled on the first day of trial.
Location: Louisville, Kentucky
Case Name and Docket Number: Sistrunk v. Barkley, 01 CI 5981

Bus Driver At Fault For Rear-End Collision

Type of Injury: Wrist, knee and back sprain.
Award/Settlement Amount: $11,814
Case Summary: Plaintiff was operating his vehicle. Defendant was operating a bus owned by co-defendant on the same road and in the same direction as the plaintiff. There was a collision between plaintiff’s vehicle and the bus. Plaintiff sustained wrist, knee, and back sprain. Plaintiff alleged that defendant bus driver made an improper lane change; failed to keep his vehicle in the proper lane of travel; failed to yield the right-of-way; and failed to keep his vehicle under control. Defendants denied liability and filed a counterclaim against plaintiff. Defendants contended that plaintiff caused the accident by failing to operate his vehicle in a safe manner and rear-ending the bus. Jury found the bus driver to be at fault and awarded plaintiff $11,814.
Location: Mason County, Kentucky
Case Name and Docket Number: Campbell v. Orme, 96 CI 0102

Defendant Argues Plaintiff’s Treatment Excessive for Injuries

Type of Injury: Soft tissue neck and back injuries.
Award/Settlement Amount: $12,000
Case Summary: Plaintiff stopped his vehicle for traffic and was rear-ended by a vehicle driven by Defendant. Plaintiff asserted that the accident was the proximate cause of the soft tissue injuries to his neck and back. Plaintiff maintained that he continued to suffer residual back pain after the conclusion of physical therapy. Plaintiff’s treating internist opined that the injuries to plaintiff’s neck and back were proximately caused by the motor vehicle accident, but the physician could not comment as to the permanency of the condition. Defendant stipulated to liability, but disputed causation. Defendant contended plaintiff deserved some treatment but said the treatment he received was excessive. Jury awarded plaintiff $12,000.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Ahl v. Settles, 13-CI-00078

Rear-End Crash Victim Settles with Drunk Driver

Type of Injury: Soft tissue neck injury
Award/Settlement Amount: $12,000
Case Summary: Plaintiff stopped for a traffic light at an intersection and was struck from behind by a vehicle driven by Defendant. Defendant was intoxicated at the time of this accident with a blood alcohol level of 0.16. Plaintiff alleged defendant was negligent in operating a motor vehicle while intoxicated. He claimed he sustained a soft tissue neck injury because of the collision. Plaintiff also sought punitive damages because of defendant’s intoxication. Defendant admitted liability for causing the accident but disputed the amount of plaintiff’s damages. Parties settled for $12,000 prior to trial.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Hendrix v. Logan, 96 CI 5241

Moderate Injury Case Examples

Moderate rear-end collision injuries include more extensive sprains and strains to muscles, tendons, and ligaments, like whiplash neck injuries. Some disc damage may occur. Victims may suffer from simple broken bones, lacerations, and other injuries. Victims may be out of work for weeks or months.

Jury Award to Rear-End Victim with Pre-Existing Conditions

Type of Injury: Back injury-herniated cervical disc at C3-C4 and aggravation of a preexisting neck and back condition (protruding disc).
Award/Settlement Amount: $14,454
Case Summary: Plaintiff was stopped for a red light at an intersection, where he was rear-ended by a vehicle driven by Defendant. Plaintiff suffered a cervical disc herniation at C3-C4. Plaintiff had undergone cervical disc fusion surgery prior to this accident at a different level. Plaintiff further acknowledged that he was involved in a subsequent accident but claimed that the subsequent accident merely aggravated his injuries from this accident. Defendant admitted liability for the accident but contended that this was a minor accident as evidenced by little property damage to plaintiff’s vehicle. He also argued that plaintiff had preexisting neck and back problems, which were degenerative and work-related in nature. Jury awarded plaintiff $14,454.
Location: Lexington, Kentucky
Case Name and Docket Number: Trujillo v. Stovall, 580707

Rear-End Injury Victim Settles School Bus Case

Type of Injury: Soft tissue cervical and lumbar back injuries
Award/Settlement Amount: $17,491
Case Summary: Plaintiff claimed he was parked in front of his house, warming up his pickup truck on a rainy morning when his truck was hit from the rear by a school bus, being driven by defendant. Plaintiff claimed he suffered soft-tissue cervical and lumbar injuries which required chiropractic treatment. Plaintiff alleged the accident was caused by defendant driver, who failed to properly observe plaintiff’s vehicle. Defendants contended plaintiff drove his pickup in front of the school bus and the bus driver was unable to stop in time to avoid the accident. Defendants argued that the accident and any injuries plaintiff claimed were the result of plaintiff’s own negligence. The parties settled for $17,491 prior to trial.
Location: Magoffin County, Kentucky
Case Name and Docket Number: Little v. Caudill, 10-1236

Drunk Driver Rear-Ends Cars at Toll Booth

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $24,040
Case Summary: Plaintiff was operating his vehicle with his wife as a passenger. They stopped at a toll booth on the road. Defendant was approaching the same toll booth. He struck two vehicles, forcing one of them into the rear of plaintiff’s vehicle. At the scene of the accident, defendant’s blood alcohol level was .15. He was arrested and convicted of drunk driving. Both plaintiffs claimed soft tissue neck and back injuries. Defendant contended that this was a one-time occurrence and he had already been punished. Also, defendant argued that there was no evidence that his intoxication was the proximate cause of the accident. Plaintiff awarded $24,040, including $1,000 for punitive damages.
Location: Pikeville, Kentucky
Case Name and Docket Number: Robinson v. Ramey, 97 CI 1076

Pregnant Woman Injured in High-Speed Rear-End Crash

Type of Injury: Soft tissue neck and low back injuries
Award/Settlement Amount: $31,200
Case Summary: Plaintiff’s vehicle was rear-ended at high speed by another vehicle, being driven by defendant. Defendant admitted to the investigating officer that he had fallen asleep at the wheel. Plaintiff was traveling at 55 m.p.h. at the time of the accident and reasoned that defendant must have been traveling at a higher rate of speed to have caught up with her. Plaintiff said that she suffered soft tissue neck and low back injuries which required a prolonged recovery because she was 5 months pregnant at the time of this accident and treatment was delayed until after delivery. Defendant admitted liability for the accident but disputed the damages. Jury awarded plaintiff $31,200.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Hickerson v. Hamilton, 96 CI 0155

Defendant Denied Negligence for Rear-End Collision

Type of Injury: Back injury-cervical and lumbar strains/sprains
Award/Settlement Amount: $36,170
Case Summary: Plaintiff’s vehicle was stopped, preparing to turn, and was struck from behind by Defendant’s vehicle. Plaintiff claimed that he sustained cervical and lumbar strains from the accident. Plaintiff filed a complaint against defendant for negligence, contending that defendant failed to maintain proper control of the vehicle he was operating, that defendant was following too closed and driving at a high rate of speed in the circumstances. Defendant admitted that he rear-ended the Plaintiff’s car but denied being negligent. He argued that he was faced with a ‘certain emergency’ and contested plaintiff’s claimed damages. Jury returned a plaintiff verdict.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Bolden v. Meade, 00 CI 1637

At-Fault Driver Denies Fault, Rear-End Accident Victim Wins

Type of Injury: General Back injuries
Award/Settlement Amount: $94,714
Case Summary: Plaintiff’s vehicle was rear-ended by defendant’s vehicle at an intersection. The plaintiff claimed he sustained back injuries from the collision. Defendant denied liability, contending that plaintiff was comparatively negligent for braking suddenly. Plaintiff denied allegations of negligence and claimed that defendant was driving too fast and following too closely in the traffic conditions. Jury found defendant was 100 percent liable for the accident and awarded plaintiff $94,714 in compensatory damages.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Lisa v. Kathryn, 08-CI-01777; 08-1777

Severe Injury Case Examples

Severe rear-end accident cases often involve more than one type of injury. Neck and back injuries may be serious, requiring surgical repair. Traumatic brain injuries, internal injuries, or complicated fractures may occur. Victims are often left with some level of permanent disability that impairs their ability to work.

Negligent Rear-End Driver Injures Teen

Type of Injury: Hip and knee injuries; aggravation of preexisting benign cyst in the hip
Award/Settlement Amount: $116,231
Case Summary: Plaintiff, age 18, was making a left turn from a Mall parking lot when she collided with a vehicle driven by Defendant. Defendant reportedly disregarded the directional signs and entered the plaintiff’s right-of-way. Both cars sustained major damage and plaintiff suffered what was initially diagnosed as soft tissue knee injuries. Two days later she developed persistent, new pain in her hip which was diagnosed as a benign cyst. The cyst was monitored for two years before being surgically removed because of the pain. Defendant admitted liability for the accident but contended that plaintiff had a preexisting cyst/tumor which was not caused by this accident and that her surgery was unrelated. Jury awarded plaintiff $116,231.
Location: Pikeville, Kentucky
Case Name and Docket Number: Honaker v. Thorpe, 99 CI 0310

High-Dollar Rear-End Injury Verdict Cut for Shared Fault

Type of Injury: Head injury-Traumatic Brain Damage, concussion and subdural hematoma
Award/Settlement Amount: $144,129
Case Summary: Plaintiff rear-ended a dump truck that pulled out in front of him. Plaintiff claimed the truck had several violations and the truck driver had an expired medical card. Plaintiff suffered traumatic brain injury, concussion, and subdural hematoma, requiring a craniotomy. Defendant denied liability and contended that Plaintiff was likely on his cell phone and was not wearing his glasses at the time of the accident. Defendant also claimed that Plaintiff never even tried to brake to avoid the collision. A jury found Plaintiff was 90% negligent for the collision and awarded him $1,441,292. The awarded was adjusted to $144,129 due to fault apportionment.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Coleman v. Harcourt, 12-457

At-Fault Rear-End Driver Disputes Victim’s Injuries

Type of Injury: Soft tissue injuries to neck, left shoulder and back
Award/Settlement Amount: $200,000
Case Summary: Plaintiff’s vehicle was hit from behind by defendant. There was moderate property damage and plaintiff did not feel any pain until later that night. Plaintiff went to her primary physician and was referred to chiropractic therapy for her soft tissue injuries to neck, left shoulder and back. Her doctors restricted her from work for three months. Plaintiff said she never had any previous injuries or accidents and never had any problems with pain in her 18-year career as a flight attendant. Plaintiff’s two doctors testified at trial along with her supervisor and her sister who was living with her at the time of the accident. Defendant admitted liability but disputed plaintiff’s damages. Jury returned a verdict for plaintiff.
Location: Lexington, Kentucky
Case Name and Docket Number: Corio v. Homeplace Support Services, 201201115

Delivery Driver and Employer Liable for Rear-End Crash

Type of Injury: Back injury, bulging lumbar disc which subsequently ruptured
Award/Settlement Amount: $275,329
Case Summary: Defendant’s driver was operating a delivery truck along northbound lane. A metal hand truck was attached to the back of the delivery truck. As defendant’s driver was preparing to exit at Seminary Road, the hand truck came loose and bounced into the roadway in the path of an oncoming vehicle. The driver of that vehicle slammed on her brakes and was rear-ended by another vehicle. The second vehicle was then rear-ended by plaintiff’s vehicle. Plaintiff claimed he suffered a bulging lumbar disc which subsequently ruptured, necessitating surgery. Plaintiff alleged that defendant’s employee’s failure to properly secure the hand truck was the proximate cause of the accident. Defendant contended that plaintiff was not as severely injured as he claimed. Jury found for plaintiff.
Location: Madison County, Kentucky
Case Name and Docket Number: Smallwood v. Godd, 01 CI 0010

Plaintiff Verdict For Rear-End Victim, Defendant Denied Liability

Type of Injury: Soft tissue back and neck injuries; Aggravation of preexisting degenerative back condition
Award/Settlement Amount: $340,000
Case Summary: Plaintiff was stopped in traffic, waiting for a red light, when he was rear-ended by defendant. Plaintiff claimed severe neck and back pain. The complaints were mostly soft-tissue. There was evidence that plaintiff had prior complaints of back pain. However, his treating doctor said that while plaintiff had degenerative problems prior to this wreck, they were essentially dormant. The defense denied liability and opined that plaintiff’s problems were degenerative and pre-existed the accident; moreover, his present symptoms are not consistent with a motor vehicle accident and must, if they exist at all, be a result of the prior problems. Jury awarded plaintiff $340,000 in damages.
Location: Fayette County, Kentucky
Case Name and Docket Number: Hurt v. Hamilton, 96 CI 1731

Two Plaintiffs Win Jury Award for Rear-End Collision

Type of Injury: Plaintiff 1; Back injuries-Aggravation of preexisting lumbar injuries: Plaintiff 2; Shoulder injury-torn rotator cuff; Others-post-traumatic stress disorder.
Award/Settlement Amount: $347,305
Case Summary: Plaintiff 1 was driving eastbound with plaintiff 2 riding as a backseat passenger. Plaintiff claimed she stopped for traffic waiting to make a left turn and had her turn signal engaged. While stopped, plaintiffs’ car was struck in the rear by a vehicle driven by Defendant. Plaintiff1 alleged the impact caused an exacerbation of a preexisting low back injury resulting in need for fusion surgery. Plaintiff2 claimed he sustained a torn rotator cuff and post-traumatic stress disorder. Defendant initially disputed liability and argued that plaintiffs were not injured. However, defendant ultimately admitted liability for causing the accident, and the case proceeded on the issue of damages only. Jury awarded plaintiff1 $347,305 and $312,424 for Plaintiff2.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Jones v. Mo Moorman Distributing, 182105

Jury Award for Victim of Multi-Vehicle Rear-End Crash

Type of Injury: Shoulder injury- rotator cuff tear and post-traumatic brachial plexus neuropathy
Award/Settlement Amount: $382,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction. Plaintiff crested a hill into the sun and noticed traffic stopped ahead. He came to a stop and was subsequently rear-ended by the vehicle directly behind him. The accident was caused when defendant, who was 3 or 4 cars behind plaintiff, rear-ended the vehicle in front of him, causing a chain reaction. Plaintiff alleged that he suffered a rotator cuff tear and post-traumatic brachial plexus neuropathy, resulting in continuing debilitating pain. Defendant disputed plaintiff’s injury, pointing out that the injury did not appear on any diagnostic testing. Defendant eventually admitted liability for the accident. Jury awarded plaintiff $382,000 in damages.
Location: Rockcastle County, Kentucky
Case Name and Docket Number: Wilson v. Saatkamp, 08-217

Tractor-Trailer Driver Sustains Rear-End Crash Injuries

Type of Injury: Soft tissue cervical (neck) sprain and Closed head injury resulting in post-traumatic headaches, photophobia, visual blurring, dizziness, and depression.
Award/Settlement Amount: $442,505
Case Summary: Plaintiff was operating his tractor-trailer, proceeding to South. Plaintiff alleged that defendant was driving erratically in front of him along the same road. When the vehicles were on the entrance ramp, plaintiff claimed that defendant changed from the left to the right lane. Defendant then suddenly moved back into the left lane in front of plaintiff with no lights on and braked hard. Plaintiff attempted to avoid a collision by changing lanes but was unable to avoid the rear of defendant’s vehicle. Plaintiff suffered soft tissue cervical (neck) sprain and closed head injury resulting in post-traumatic headaches. Defendant denied liability and disputed the nature and extent of plaintiff’s injuries. Jury returned a plaintiff verdict for $442,505.
Location: Louisville, Kentucky
Case Name and Docket Number: Swindler v. Dotson, 96-5682

Victim Delayed Treatment for Rear-End Crash Injuries

Type of Injury: Back injuries-aggravation of prior C5-7 disc herniation
Award/Settlement Amount: $501,827
Case Summary: Plaintiff and Defendant were traveling in the same direction in rush hour traffic. Defendant’s vehicle allegedly “rolled” into plaintiff’s vehicle resulting in minimal property damage. A week post-accident, plaintiff sought treatment for back pain. Plaintiff claimed the collision exacerbated prior C5-7 disc herniation necessitating two back surgeries and spinal fusion. Defendants contended that the impact was minimal, that plaintiff’s condition was pre-existing, and that plaintiff’s surgery was not proximately related to the accident. Jury returned a plaintiff verdict. Per counsel, the fact that property damage was minimal, and plaintiff did not seek treatment for a week, and even went running on four occasions in the interim, significantly impacted the outcome.
Location: Pikeville, Kentucky
Case Name and Docket Number: Hall v. Stanfield, 13-1141

At-Fault Rear-End Driver, Employer Liable for Head Injuries

Type of Injury: Head injury-laceration to forehead, closed head injury with a subarachnoid hemorrhage and a contrecoup injury of the brain resulting in an intraparenchymal hemorrhage and contusion; Others-fractured patella
Award/Settlement Amount: $680,171
Case Summary: Plaintiff was a passenger in a vehicle that had come to a stop waiting for traffic to clear to make a left turn. Plaintiff’s vehicle was rear-ended by Defendant, who was operating a vehicle in his scope of employment with co-defendant. Plaintiff’s vehicle was pushed into oncoming traffic and collided with another vehicle head-on. Plaintiff’s head struck the dashboard. Plaintiff suffered laceration to forehead, fractured patella (knee) requiring open reduction and internal fixation, closed head injury with a subarachnoid hemorrhage and a contrecoup injury of the brain resulting in an intraparenchymal hemorrhage and contusion. Defendants did not seriously contest liability but did dispute plaintiff’s damages. Plaintiff received $680,171 in damages.
Location: Louisville, Kentucky
Case Name and Docket Number: Neumann v. Clay, 13-194

Methodology

This analysis focused on actual car accident lawsuits filed in Kentucky by rear-end accident victims. All plaintiffs in the group were compensated by a jury award or out-of-court settlement. The group did not include any wrongful death cases.

Award/Settlement amounts reflect the final amount after any deductions to account for shared fault. The payout amount listed for cases with more than one plaintiff reflects the highest amount received by one individual plaintiff in the case.

Averages are calculated by adding all the final payouts in a group, then dividing by the number of cases in the group.

Here we average real Oregon injury payouts made to rear-end crash victims. Explore cases with injuries similar to yours.

Rear-end collisions account for up to 29 percent of accidents throughout the United States.¹

The average settlement for a moderate rear-end collision in Oregon is $31,664. Actual payout amounts range from $1,847 for minor soft-tissue injuries to $400,000 for more serious injuries.

Average Payouts for Oregon Rear-End Collisions

The average payout amounts listed below were gathered from a group of real Oregon rear-end accident cases with a range of injuries. All cases resulted in a payout to the injury victim.

Average Payout by Severity of Injury
Minor Injury	$5,333
Moderate Injury	$31,664
Severe Injury	$197,517
Payout Range by Type of Injury
Neck and Back Injuries	$1,847 - $400,000
Head Injuries	$1,983 - $250,000

Factors Affecting Oregon Rear-End Settlement Amounts

The scope of medically-verified injuries has the largest impact on a victim’s total compensation. Car accident payouts include compensation for reasonable medical expenses, lost wages, out-of-pocket expenses, and in most cases, an added amount for pain and suffering.

Other Factors Influencing Payout Amounts

• Vehicle Damage – Insurance companies may challenge claims filed for low-impact fender benders. If there is little or no damage to the rear of the victim’s vehicle, they will push back against claims of serious injury. If there is more extensive vehicle damage, it may be easier to get compensation.
• Shared Fault – Oregon is a modified comparative negligence state. Your claim will be rejected if you are more to blame than the other driver. If you are not more to blame, your payout will be reduced according to your share of fault.
• Auto Policy Limits – Oregon requires all drivers to carry insurance of at least $25,000 per person and $50,000 per accident bodily injury liability, and $20,000 property damage liability. Policies are also required to have at least $15,000 in Personal Injury Protection (PIP), and Uninsured Motorist Coverage of $25,000 per person and $50,000 per accident. The minimum coverage may not be enough to compensate for serious injuries.
• Multiple Claimants – When multiple people are badly injured in the same crash, there may be a court battle over the allocation of available insurance funds. If there’s not enough insurance coverage to go around, you may not get adequate compensation.
• Punitive Damages: Punitive damages are only awarded when a judge or jury is convinced that the at-fault driver’s actions were shockingly outrageous or malicious. Oregon has specific requirements for when these damages can be awarded.

Minor Injury Case Examples

Minor rear-end crash injuries include soft-tissue bumps, bruises, sprains, and strains. Minor injuries won’t require much medical treatment following the initial evaluation. The victim will be fully recovered in a week or two and only miss a few days of work.

Plaintiff Awarded Costs Only for Rear-End Injuries

Type of Injury: Back injury-disc protrusion at L5-S1, with annular tear, cervical, thoracic and lumbar strains, and multiple contusions
Award/Settlement Amount: $1,847
Case Summary: Plaintiff was involved in two separate motor vehicle accidents. In the first accident, the plaintiff’s vehicle was struck from the rear by the Defendant 1’s vehicle while the plaintiff was stopped for traffic. In the second accident, plaintiff’s vehicle was struck broadside by Defendant 2 as she backed her vehicle in a parking lot. Plaintiff alleged that she suffered central disc protrusion at L5-S1, with annular tear, cervical, thoracic and lumbar strains, and multiple contusions. Defendants denied liability, disputed the plaintiff’s injuries, and contended that she failed to keep a proper lookout and drove at an excessive rate of speed. Plaintiff received an award from the Defendant 1 only, which included $1,657 for costs.
Location: Lane County, Oregon
Case Name and Docket Number: Shaw v. Mahoney, 5427917

Low-Impact Rear-End Accident at Red Light

Type of Injury: Neck injury resulting in muscle spasm and headaches
Award/Settlement Amount: $1,983
Case Summary: Defendant was stopped behind plaintiff at a red light at an intersection. Plaintiff contended his vehicle was struck from the rear by defendant with very little property damage. Plaintiff claimed he suffered temporary flare-up of neck injury for 4-6 weeks; headaches, muscle spasms; and loss of range of motion in his neck. Defendant contended that while writing on a notepad on the passenger seat, he saw cars in the lane to his right move and began to engage the clutch. Before he was able to stop, he struck plaintiff’s vehicle. Defendant however denied causation, stating that plaintiff had been involved in a motor vehicle accident 3 weeks before. Jury awarded plaintiff $1,983.
Location: Multnomah County, Oregon
Case Name and Docket Number: Riel v. Hornsberger, 9501-00700

Jury Award for Low-Speed Rear-End Accident

Type of Injury: Neck injuries
Award/Settlement Amount: $3,099
Case Summary: Plaintiff contended her vehicle was struck from the rear by defendant in a low-speed collision. Plaintiff claimed he suffered neck injuries. Defendant admitted liability but denied any damage to either vehicle. The defendant further contended that plaintiff was involved in another motor vehicle accident 4 months earlier with same injuries. The jury awarded plaintiff $3,099 in damages.
Location: Multnomah County, Oregon
Case Name and Docket Number: Stacey v. Abel, 9607-05333

Couple Suffers Soft-Tissue Injuries from Rear-End Crash

Type of Injury: Neck and back injuries-soft tissue cervical and lumbar injuries
Award/Settlement Amount: $3,350
Case Summary: Plaintiffs, a married couple, were traveling in their vehicle in heavy traffic. They drove through an intersection controlled by a traffic light and, while still moving, claimed their car was rear-ended by a vehicle driven by Defendant. Both plaintiffs claimed soft tissue cervical and lumbar injuries which required neurological, orthopedic, physical therapy and chiropractic treatment. Defendant contended it was stop-and-go, rush hour traffic, and that he bumped the rear of plaintiffs’ vehicle. He argued that this accident could not have caused plaintiff’s injuries, which were subjective in nature. Further, defendant maintained that plaintiffs were involved in a subsequent accident which may have caused their complaints. Jury awarded plaintiffs $6,700.
Location: Lake County, Oregon
Case Name and Docket Number: Garrison v. Greene, 15CV25062

Plaintiff Settles Disputed Rear-End Crash Claim

Type of Injury: Neck, back and shoulder strain.
Award/Settlement Amount: $4,000
Case Summary: Plaintiff male age 46, claimed he was involved in a motor vehicle collision involving defendant. Plaintiff suffered neck, back and shoulder strain. Defendant disputed liability and causation. He argued that plaintiff had pre-existing workers’ compensation injury at the time of the accident. Partied agreed to settle the case for $4,000 before trial.
Location: Multnomah County, Oregon
Case Name and Docket Number: Caravajal v. Christian, 9706-04698

Driver Admits Rear-End Collision, Disputes Victim’s Injuries

Type of Injury: Back injuries-cervical and lumbar strain/sprain
Award/Settlement Amount: $4,750
Case Summary: Plaintiff’s vehicle was struck from behind by defendant. Plaintiff claimed he suffered cervical and lumbar strain/sprain from the collision. Defendant admitted liability but contested the nature and extent of plaintiff’s claimed injuries. Defendant argued that this was a low-impact rear-end motor vehicle accident and could not have caused any injuries to plaintiff unless the same were pre-existing or caused by subsequent accidents. Jury found for plaintiff in the amount of $4,750.
Location: Multnomah County, Oregon
Case Name and Docket Number: Iniquez-Reyes v. Kambeitz, 1103-03206

Rear-End Defendant Challenges Plaintiff’s Injuries

Type of Injury: Neck and back injuries-Soft tissue cervical and lumbar injuries
Award/Settlement Amount: $6,800
Case Summary: Plaintiff claimed her car was rear-ended by a vehicle driven by Defendant. Plaintiff alleged the impact caused her neck and back injuries which required initial emergency room treatment. However, she claimed she continued to suffer pain and underwent extensive chiropractic treatment followed by epidural injections for pain associated with this collision. Defendant admitted he struck the rear of plaintiff’s car, but disputed the extent of continuing injuries. Jury awarded plaintiff $6,800 in damages.
Location: Multnomah County, Oregon
Case Name and Docket Number: Stout v. Lauman, 9503-01563

Vehicle Damage Proves Liability for Rear-End Collision

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $8,400
Case Summary: Plaintiff contended that traffic in front had been stopped for quite some time for unknown reason and that some people were even out of cars, leaning up against them, smoking cigarettes. Plaintiff further contended that his car was struck from the rear by defendant. Plaintiff suffered soft tissue neck and back injuries. Defendant contended that traffic was slow, that plaintiff stopped suddenly, and also that she was hit from the rear. The evidence presented at trial however showed there was no damage to rear of defendant’s car but there was damage to front of her car and damage to rear of plaintiff’s car. Jury found for plaintiff.
Location: Multnomah County, Oregon
Case Name and Docket Number: Diane v. Smith, 9506-03889

Rear-End Driver Blames Victim’s Pre-Existing Conditions

Type of Injury: Soft tissue neck and back injuries; right leg numbness
Award/Settlement Amount: $9,100
Case Summary: Plaintiff was driving her vehicle. As she came around the curve, she saw all three lanes blocked by traffic. Plaintiff contended she slammed on the brakes. Plaintiff further contended that almost instantaneously, defendant’s pickup truck struck her car from behind at low speed. Plaintiff claimed soft tissue neck and back injuries; right leg numbness. Plaintiff denied prior similar symptoms. Defendant denied being negligent and disputed causation of plaintiff’s damages. Defendant further argued that plaintiff’s medical records showed some low back and leg complications and treatment in the previous 6 months and a prior motor vehicle accident 4 months earlier. Jury returned a plaintiff verdict.
Location: Multnomah County, Oregon
Case Name and Docket Number: O’Reilly v. Greger, 92C 10748

Inattentive Driver Liable for Rear-End Collision

Type of Injury: Soft tissue neck and back injuries-cervical and lumbar injuries with headaches
Award/Settlement Amount: $10,000
Case Summary: Plaintiff stopped her vehicle at a traffic light. While stopped, her car was rear-ended by a vehicle driven by Defendant. Plaintiff alleged defendant was solely responsible for this accident and the impact caused significant injuries. Plaintiff claimed she suffered soft tissue cervical and lumbar injuries with headaches, as well as shoulder injuries. Defendant admitted he looked down to check his radio and struck the rear of plaintiff’s vehicle, but disputed the nature and extent of plaintiff’s injuries. He contended plaintiff exaggerated her condition and overreached for damages. The jury awarded plaintiff $ 10,000.
Location: Clatsop County, Oregon
Case Name and Docket Number: Fairchild v. Miracle Recreation Equipment, 91-2057

Moderate Injury Case Examples

Moderate injuries from rear-end crashes can include more extensive muscle, tendon, or ligament strain, slipped or herniated disks, simple fractures, and concussions. The accident victim may be out of work for several weeks or months.

Rear-End Accident Occurred in Icy Conditions

Type of Injury: Shoulder, Foot and Neck injuries
Award/Settlement Amount: $21,750
Case Summary: Plaintiff contended she was stopped at a stop sign when her vehicle was rear-ended by defendant’s vehicle during icy conditions. Plaintiff claimed she suffered neck and related structures, shoulders, headaches and right foot injuries. She also claimed aggravation of pre-existing neck conditions. Plaintiff argued that the negligence of the defendant driver caused her to sustain past medical expenses, past wage loss and impairment of future earning capacity, and pain and suffering. Defendants contended that defendant driver was not driving in a negligent manner, and denied plaintiff’s injuries were aggravated by the motor vehicle accident. Jury returned a verdict for plaintiff for $ 21,750: $ 10,000 in economics, $ 2,000 in non-economics, and $ 9,750 in medicals.
Location: Jackson County, Oregon
Case Name and Docket Number: Labrocca v. Serrano, 00-0542-LI

Defendant Argues Rear-End Accident Only a Bump

Type of Injury: Back injuries-cervical and lumbar strains
Award/Settlement Amount: $24,657
Case Summary: Plaintiff contended defendant rear-ended plaintiff’s vehicle while traveling 35-40 m.p.h. The extent of the impact was disputed. According to defendant’s recorded statement, the impact was a bump to plaintiff’s car. Plaintiff said he suffered cervical and lumbar strains from the accident. Defendant disputed liability as well as plaintiff’s claimed injuries and damages. Jury found in favor of plaintiff.
Location: Multnomah County, Oregon
Case Name and Docket Number: Cartisser v. Townsend, 15CV16230

At-Fault Rear-End Driver Failed to Appear at Trial

Type of Injury: Back injury-herniated disc at C3-4
Award/Settlement Amount: $25,000
Case Summary: Plaintiff contended that his vehicle was struck from the rear by defendant. Plaintiff’s doctors testified that plaintiff suffered a herniated disc at C3-4 solely as a result of the motor vehicle accident and an anterior cervical fusion was needed to alleviate symptoms. Evidence was introduced that the surgery would cost $20,000 after which plaintiff would be off work for 2 months, incurring approx. $8,000 in lost income. Defendant contended the herniated disc was caused by prior on-the-job injury and need for surgery was related to a second motor vehicle accident. Defendant however did not appear at trial. Jury returned a plaintiff verdict for $25,000, including $15,000 economic and $10,000 noneconomic damages.
Location: Washington County, Oregon
Case Name and Docket Number: Wenc v. Thon, C960176CV

Arbitration Award After Chain Rear-End Collision

Type of Injury: Bruising from lower ribs to hip; neck and low-back injuries
Award/Settlement Amount: $33,771
Case Summary: Plaintiff was a passenger in defendant’s vehicle when they were involved in a series of rear-end collisions during a rain storm, involving 6-7 vehicles. The accident occurred when defendant rear-ended a vehicle ahead of him at an intersection. Plaintiff said he suffered bruising from lower ribs to hip; neck and low-back injuries. He treated 6 months. Defendant denied liability, claiming that a phantom vehicle caused the collision by braking suddenly for no apparent reason. The Arbitrator returned a verdict for plaintiff for $33,771. The award included 30% against co-defendants, and 70% against the unknown phantom vehicle.
Location: Multnomah County, Oregon
Case Name and Docket Number: Chapman v. Cornwall, 0102-01995

Jury Award to Plaintiff Injured in Rear-End Crash

Type of Injury: Neck and back injuries-Cervical and lumbosacral strains; contusions
Award/Settlement Amount: $33,771
Case Summary: Plaintiff claimed she was rear-ended by defendant. Plaintiff asserted that she sustained cervical and lumbosacral strains and contusions. During the jury trial, defendant admitted negligence. The only issue for the jury was the amount of damages. Defendant asserted that plaintiff was not injured in the accident and that she had a pre-existing condition very similar in nature to the injuries plaintiff claimed in conjunction to the accident. Defendant’s expert testified that there was no objective evidence from which he could conclude that plaintiff was injured in the accident or that she suffered an aggravation of a pre-existing injury. Jury awarded plaintiff $33,771.
Location: Multnomah County, Oregon
Case Name and Docket Number: Tanna v. Alfred, 0010-10805

Rear-End Crash Blamed for Artificial Insemination Concerns

Type of Injury: Neck and back sprains/strains
Award/Settlement Amount: $36,364
Case Summary: Plaintiff claimed that her vehicle was struck from behind by defendant at an intersection. Plaintiff suffered neck and back sprains/strains. Plaintiff had been artificially inseminated on the day before the accident and claimed that she became worried that the accident might interfere with her becoming pregnant. She however found out that she was pregnant ten days after the accident. She then became worried that her pregnancy might be affected by the accident and that her baby “might not be normal.” Defendant admitted that the accident occurred but argued that plaintiff’s injuries were unrelated to the accident. Jury awarded plaintiff $36,364 in damages
Location: Multnomah County, Oregon
Case Name and Docket Number: McIntyre v. American Standard, 15CV24107

Rear-End Accident Award Limited to Economic Damages

Type of Injury: Aggravation of pre-existing neck/back injuries; L4-5 disc protrusion; Headaches.
Award/Settlement Amount: $36,999
Case Summary: Plaintiff claimed that defendant negligently rear-ended plaintiff’s vehicle. Plaintiff said she suffered aggravation of pre-existing neck/back injuries; L4-5 disc protrusion with headaches. Defendant contended plaintiff’s work-related neck/back injury 30 days prior to this accident was the proximate cause of plaintiff’s damages. Defendant also contended plaintiff’s injuries were due to 2 subsequent motor vehicle accidents, one significant and the other minor. Jury returned a plaintiff verdict for $36,999.13. Jury awarded wage loss and medicals but no noneconomic. Plaintiff argued that pursuant to her motion made during trial, jury must award some noneconomic damages if they found negligence. Subsequent motion for new trial solely on issue of non economic damages was made and denied.
Location: Multnomah County, Oregon
Case Name and Docket Number: Bowman v. Griggs, 9712-09803

Plaintiff Verdict for High-Impact Rear-End Collision

Type of Injury: Soft tissue neck and upper-back injuries; headaches.
Award/Settlement Amount: $41,001
Case Summary: Plaintiff contended that his vehicle was struck by defendant’s vehicle in a high impact rear-end collision. The plaintiff suffered soft tissue neck and upper-back injuries along with headaches. The value of the case was in the degree to which the motor vehicle accident injuries interfered with the plaintiff’s pre-accident recreational activities of daily running, weekly weight-lifting and seasonal back-packing. Defendant did not appear at trial. Jury returned a plaintiff verdict for $41,001 which included $7,501 in economic; $33,500 in non-economic damages.
Location: Marion County, Oregon
Case Name and Docket Number: Minten v. Carter, 00C-16238

Severe Injury Case Examples

Severe rear-end crash victims may suffer from multiple serious injuries, including traumatic brain injuries, severe disc and spine injuries, nerve damage, and broken bones that may leave the victim with a partial or total permanent disability.

Rear-End Crash Victim Left in Intractable Pain

Type of Injury: Back and neck injuries-Aggravation of preexisting degenerative disc disease at C3-C4, C4-C5 and C5-C6 and permanent nerve damage to cervical spine (neck)
Award/Settlement Amount: $107,586
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction. Plaintiff came to a stop and was rear-ended by defendant. At the time of the accident, Defendant was operating her vehicle in the scope of her employment with co-defendant. Plaintiff’s expert opined that the accident aggravated plaintiff’s preexisting degenerative disc disease at C3-C4, C4-C5 and C5-C6 and permanent nerve damage to cervical spine (neck) with intractable pain requiring the continued use of morphine. Defendants contended that plaintiff was contributorily negligent in that she hit the car in front of her first and did not come to a reasonable stop, which plaintiff denied. Jury awarded plaintiff $107,586.
Location: Multnomah County, Oregon
Case Name and Docket Number: Alex v. Transit Homes, 9507-05115

Jury Award to Passenger Injured in Rear-End Crash

Type of Injury: Back injury-soft tissue; aggravation of preexisting back condition
Award/Settlement Amount: $107,948
Case Summary: Plaintiff was a passenger in a vehicle that was rear-ended by defendant. Plaintiff claimed she sustained soft tissue back injuries and that she experienced on-going back pain as a direct result of this accident. The defendant disputed the nature and causation of plaintiff’s injuries arguing that plaintiff had a pre-existing back injury from another rear-end motor vehicle accident approximately a year earlier. Jury returned a plaintiff verdict for $107,948.
Location: Multnomah County, Oregon
Case Name and Docket Number: Hunter v. Boyson, 0703-03346

Rear-End Injury Award Reduced by PIP Offset

Type of Injury: neck and back injuries-muscles and ligaments with radiating pain and numbness into his legs
Award/Settlement Amount: $140,086
Case Summary: Plaintiff was stopped for a red light, when his vehicle was struck from behind by a vehicle operated by defendant. Plaintiff sustained injuries to his neck and back muscles and ligaments with radiating pain and numbness into his legs. The plaintiff claimed the defendant was negligent for operating his vehicle at an unreasonable rate of speed under the circumstances and failing to maintain proper control of his vehicle. Defendant denied liability. Jury found that defendant’s negligence was a cause of plaintiff’s injury, and awarded plaintiff $117,882 for economic damages and $30,000 for noneconomic damages. Plaintiff’s award was reduced in the judgment to $140,086 by agreement of parties for an offset for medical bills paid by plaintiff’s PIP insurer.
Location: Multnomah County, Oregon
Case Name and Docket Number: Lopez v. Arroyo, 1203-03032

Cattle Hauler Triggers Five-Vehicle Rear-End Accident

Type of Injury: Back injury-herniation at L4-L5
Award/Settlement Amount: $150,000
Case Summary: Defendant was driving a three-ton pickup truck pulling a trailer containing approximately 8,000 pounds of feeder cattle. He was driving South, and the traffic in front of him stopped. Defendant failed to stop his vehicle in time, and collided with the vehicle in front of his, which caused a five vehicle accident. Three cars behind plaintiff were forced into her vehicle, which was then pushed into the vehicle in front of hers. Plaintiff’s physician noted muscle spasms and reduced range of motion in her lumbar spine. An MRI revealed a severe herniation at L4-L5, with nerve impingement. Plaintiff underwent a microlumbar discectomy L4-5, left. Defendant admitted liability but disputed causation and damages. Jury returned a plaintiff verdict $150,000 in non-economic damages.
Location: Multnomah County, Oregon
Case Name and Docket Number: McGalliard v. Visser, 3:0S-CV-114-MO

Rear-End Crash Victim Settles Case Before Trial

Type of Injury: Right knee pain; neck stiffness and pain; others-headaches, myofascial pain syndrome and cervical spondyloarthritis
Award/Settlement Amount: $227,000
Case Summary: Plaintiff said she was involved in a motor vehicle accident. Traffic was heavy for rush hour and was stop and go. Plaintiff was in motion but very slowly driving her vehicle. Defendant was driving her vehicle and did not stop in time for the slow traffic and rear ended the plaintiff’s car. Plaintiff said her knee had hit the steering column and was sore. She was later diagnosed with a sprain of ligaments of the cervical spine and contusion of the right knee, cervical spondylosis and spinal stenosis in the cervical region. Plaintiff received extensive medical care over several months and reached maximum improvement and was released from care. Parties settled for $227,000 before trial.
Location: Multnomah County, Oregon
Case Name and Docket Number: LC v. KU, 60302985

High-Impact Rear-End Collision Case Settles Out-of-Court

Type of Injury: Head injury-traumatic brain injury, resulting in cognitive losses, including short-term memory difficulties; Soft tissue cervical and lumbar injuries.
Award/Settlement Amount: $250,000
Case Summary: Plaintiff came to a stop in traffic and was rear-ended by a vehicle driven by Defendant. Plaintiff’s vehicle was pushed forward a substantial distance as a result of the impact. Plaintiff alleged she struck her head on the window or steering wheel at impact and sustained a closed head injury, resulting in cognitive losses. Plaintiff also suffered soft tissue cervical and lumbar injuries. Defendant did not dispute that she struck plaintiff’s vehicle, but contended that plaintiff’s difficulties had nothing to do with this accident. The parties reached a $250,000 settlement prior to trial.
Location: Multnomah County, Oregon
Case Name and Docket Number: Wiita v. Aguilar, C120963CV

Teen Passenger Permanently Injured in Rear-End Crash

Type of Injury: Permanent soft tissue injury-mechanical low back pain
Award/Settlement Amount: $400,000
Case Summary: Plaintiff, age 16, was a passenger in a vehicle that was rear-ended by defendant. Plaintiff was diagnosed with a permanent soft tissue injury. Plaintiff presented medical records which showed three years of continuous medical treatment with no improvement. Plaintiff also presented two medical experts who testified that her injury was “mechanical low back pain” and was permanent in nature. Prior to this accident, plaintiff was very active and swam competitively. Defendant admitted liability, but denied causation. Defendant contended that, at worst, plaintiff had a simple sprain and would have recovered within four weeks of the accident. Jury awarded plaintiff $400,000. Per plaintiff’s attorney, the verdict was due to the fact plaintiff would endure lifelong pain and that she was permanently injured at such a young age.
Location: Lane County, Oregon
Case Name and Docket Number: Teachout v. Marshal, 16CV27223

Methodology

We analyzed a group of cases filed in Oregon courts by plaintiffs injured in rear-end vehicle collisions. Every plaintiff was compensated by an arbitration or court award, or settled the case out-of-court before trial.

The final Award/Settlement Amount reflects any reduction made after a determination of shared fault. When there were multiple plaintiffs in the case, the amount reflects the highest payout made to an individual plaintiff.

Averages are calculated by adding up the payout amounts for a group of cases, then dividing by the number of cases in the group.

Look at actual injury payouts for rear-end accident cases filed in Oklahoma. See verdicts and settlements for injuries like yours.

Rear-end collisions are the most common type of accident in the United States, accounting for 29 percent of all car crashes.¹

The average settlement for a moderate rear-end collision in Oklahoma is $38,088. Actual payout amounts ranged from $1,522 for minor soft-tissue injuries to $300,000 for more serious injuries.

Average Payouts for Oklahoma Rear-End Collisions

The averages and ranges below are derived from actual Oklahoma rear-end car accident cases. Plaintiffs were compensated by jury award or settlement with the at-fault driver’s insurance company (outside of the court proceedings).

Average Payout by Severity of Injury
Minor Injury	$6,702
Moderate Injury	$38,088
Severe Injury	$194,696
Payout Range by Type of Injury
Neck and Back Injuries	$1,522 - $208,785
Head Injuries	$7,000 - $300,000

Factors Affecting Oklahoma Rear-End Settlement Amounts

Rear-end accidents can be no more than fender-benders, or high-impact collisions. The type and severity of injuries, as well as the victim’s age, will influence the victim’s potential compensation.

Other factors that influence injury payouts in Oklahoma:

• Crash Details – Adjusters will question injury claims arising from rear-end accidents with little to no vehicle damage, and look for evidence of pre-existing conditions.
• Shared Fault – Oklahoma is a modified comparative fault state. If you are more at fault than the other driver, your claim will fail. Otherwise, your compensation is reduced according to your share of fault.
• Auto Policy Limits – Oklahoma drivers must carry insurance with at least $25,000 per person and $50,000 per accident bodily injury liability, and $25,000 property damage liability. The at-fault driver’s minimum limits might not be enough to cover your damages.
• Uninsured Motorist Coverage – Oklahoma requires auto policies to include uninsured motorist coverage to protect you if you’re hurt by a hit-and-run or a driver with no insurance or not enough insurance to cover your injuries.
• Multiple Claimants – When multiple people are badly hurt in the same accident, there may be a legal battle to apportion available insurance funds. There may not be enough coverage to fully compensate all injury victims.
• Non-Economic Damages Cap – Oklahoma limits non-economic damages, meaning pain and suffering, to $350,000 in most personal injury cases.
• Punitive Damages: Oregon law limits punitive damages to $100,000 or equal to the amount of actual damages awarded when the at-fault party showed a wanton disregard for the rights of others. Punitive damages for intentional conduct may be awarded up to $500,000.

Minor Injury Case Examples

Minor rear-end accidents can cause soft-tissue injuries like neck and back sprains. Most minor injury victims fully recover in a couple of weeks and only miss a few days of work.

Passenger Injured in Rear-End Parking Lot Accident

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $1,522
Case Summary: Plaintiff was sitting in her pickup truck in the parking lot of a store, when another pickup truck driven by defendant backed into her truck, rear-ending it. Plaintiff said she suffered soft tissue neck and back injuries. Defendant was criminally charged for drinking and driving and punished with fines and a restricted license. He admitted that he struck the rear of plaintiff’s vehicle and the case proceeded on the issues of physical and punitive damages. Defendant contended that he had been punished sufficiently for this drinking infraction. He also argued that plaintiff was not seriously injured in this minor accident and had recovered from her injuries. Jury awarded plaintiff $1,522.
Location: Oklahoma County, Oklahoma
Case Name and Docket Number: McClure v. Litzenberg, CJ-2012-1082

Rear-End Accident Defendant Challenges Victim’s Treatment

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $4,200
Case Summary: Plaintiff came to a stop at a red light and was rear-ended by the defendant. Plaintiff alleged that she suffered soft tissue neck and back injuries and her chiropractic treatment was necessary and reasonable. Liability was admitted. Defendant however contended that plaintiff’s chiropractic treatment was unnecessary. In support, the defendant pointed out that plaintiff’s treating physician and an orthopedist recommended at-home exercises, but did not recommend chiropractic treatment. Jury returned a plaintiff verdict for $4,200.
Location: Cleveland County, Oklahoma
Case Name and Docket Number: Logan v Spigarelli, CJ-2012-7159

Rear-End Victim Continues Strenuous Activities After Crash

Type of Injury: Back and neck injury-Soft tissue cervical and lumbar injuries
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was a passenger in a vehicle traveling in rush hour traffic. The driver of plaintiff’s vehicle slammed on his brakes to avoid an accident and was rear-ended by a vehicle driven by co-defendant. Plaintiff claimed continuing neck and back injuries as a direct result of this accident. However, plaintiff admitted at trial to hiking and climbing vacations, and walking 40 blocks a day to and from school, all of which followed the accident. Defendant admitted liability for causing the accident, but disputed the nature and extent of plaintiff’s damages. Defendant contended that plaintiff received spotty medical treatment and exaggerated the extent of her lost wages. Defendant also claimed plaintiff did not lose time from work because of her physical therapy treatments. Plaintiff received $5,000 from a jury verdict.
Location: Oklahoma County, Oklahoma
Case Name and Docket Number: Sharpley v. Rone, CJ-2014-4502

Children Sustain Soft-Tissue Injuries from Rear-End Collision

Type of Injury: Neck and back injuries
Type of Accident: Rear-End
Award/Settlement Amount: $6,000
Case Summary: Plaintiffs, both minors, claimed that defendant rear-ended the vehicle in which Plaintiffs were passengers. Plaintiffs brought a lawsuit against defendant through their parents for negligence. Both plaintiffs claimed neck and back injuries as a result of the collision. Defendant disputed the claim as to liability and damages. The parties eventually reached a compromise agreement whereby defendant would pay plaintiffs $12,000 for damages. The parties filed a joint petition for court approval of the settlement. The court approved the settlement, disbursed the proceeds and released defendant from any further liability to the other parties as a result of the motor vehicle accident.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Pearman v. Litz, CJ-2018-03748

Defendant Challenges Low-Speed Rear-End Injury Claims

Type of Injury: Neck and back injuries
Award/Settlement Amount: $6,800
Case Summary: Plaintiff was struck from the rear by a vehicle driven by defendant. Defendant admitted he rear-ended plaintiff’s car, but disputed the extent of continuing injuries. Plaintiff claimed serious neck and back injuries for which required emergency room evaluation, followed by lengthy chiropractic treatment. Plaintiff asserted she required epidural blocks for the pain to the date of trial. She sought $16,000 in past medicals; $2,000 to $3,000 per year for future epidural blocks; and approximately $2,000 in past lost wages. Defendant contended this low speed accident did not cause plaintiff’s continuing problems. The jury awarded $6,800 to plaintiff for her initial treatment only.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Courtney v. Bowker, CJ-2013-3700

Plaintiff Credibility Effects Rear-End Accident Award

Type of Injury: Cervical strain in neck and post-traumatic headaches
Award/Settlement Amount: $7,000
Case Summary: Defendant rear-ended a vehicle in which plaintiff was a passenger. Following the accident, plaintiff claimed she suffered chronic cervical strain and post-traumatic headaches. Defendant did not contest liability but contended plaintiff’s injuries were proximately related to prior and subsequent accidents. Jury returned a plaintiff verdict for $7,000. Per counsel, plaintiff’s credibility and the credibility of her treating physician were an issue in the case. Plaintiff had been involved in a prior auto accident and her treating physician had stated that she would have permanent neck pain and headaches from that accident. He subsequently testified that the prior injuries had fully resolved. A Motion to Set Aside the Verdict was denied.
Location: Edmond, Oklahoma
Case Name and Docket Number: Kwok v. Hall, CJ-2012-7012

Injured Child’s Rear-End Accident Claim Settled

Type of Injury: Back injury-Soft tissue lumbar injuries
Award/Settlement Amount: $8,300
Case Summary: Plaintiff, age 12, was a passenger in a vehicle driven by his mother’s boyfriend. As plaintiff’s host driver attempted a right turn off the highway and into a driveway, the car was rear-ended by a car driven by Defendant. Plaintiff claimed that, as a result of the accident, he sustained soft tissue back injuries which continued to the date of trial. Defendant admitted he struck the rear of plaintiff’s vehicle. However, he argued that there were no complaints of injury at the scene and plaintiff’s complaints were sporadic. Defendant noted that plaintiff continued to lift weights and play football during the time period of his complaints. Defendant however agreed to a $8,300 settlement on the day of trial.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Braeckel v. Garnett, CJ-2011-6533

Father and Child Settle Rear-End Injury Case

Type of Injury: Soft tissue neck, back and shoulder injuries
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was operating a motor vehicle with his minor son as a passenger. Defendant, who was operating his own vehicle, rear-ended plaintiffs’ car. The impact pushed plaintiffs into the car ahead of them. Both plaintiffs claimed soft tissue neck, back and shoulder injuries. Defendant admitted negligence. He contended that the accident occurred in an area where bottlenecks frequently occurred and admitted he was traveling about 45 mph to 55 mph when he hit plaintiffs’ vehicle. However, he disputed plaintiffs’ damages. The defendant’s insurer agreed to pay the sum of $20,000 to settle the claims. The court approved the compromise settlement.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Posey v. Claiborne, CJ-2013-05370

Tow Truck Driver Triggers Chain Rear-End Crash

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $11,500
Case Summary: Plaintiff was driving her vehicle in a stop-and-go traffic. Traffic was traveling at approximately 30 mph when defendant ran into the rear of a vehicle, which then struck plaintiff’s vehicle. The force of the collision pushed plaintiff into the rear of the pickup truck in front of her. At the time of the accident, Defendant was driving a tow truck, which was owned by co-defendant. Plaintiff claimed soft tissue neck and back injuries which continued to the date of trial. Defendants admitted liability for the accident, but disputed the nature and extent of plaintiff’s injuries and contended that plaintiff should have recovered from her injuries. jury returned a verdict in favor of plaintiff in the amount of $11,500.
Location: Edmond, Oklahoma
Case Name and Docket Number: Lindauer v. McKenzie, CJ-2012-7940-Stuart

Moderate Injury Case Examples

Moderate rear-end crash injuries include more extensive soft-tissue injuries, like whiplash neck injuries, back sprains, slipped or herniated discs, and concussions. Victims may take weeks or months to recover. The person may be out of work during recovery, depending on the physical demands of their job.

Jury Award to Plaintiff for Multi-Vehicle Rear-End Crash

Type of Injury: Neck and back injuries.
Award/Settlement Amount: $11,849
Case Summary: Plaintiff was operating his motor vehicle when he was involved in a multiple vehicle rear-end collision. At the time of the collision, first defendant was operating his vehicle directly behind plaintiff’s vehicle. The second defendant was traveling behind first defendant. Second defendant admitted he struck the rear of first defendant’s car, causing it to strike plaintiff’s vehicle in the rear. Plaintiff claimed he sustained significant neck and back injuries which caused ongoing pain as a result of the accident. Defendants maintained that the injuries from this accident should have resolved in a short period of time. Defendants further contended that plaintiff’s ongoing complaints were not caused by this accident. Jury awarded plaintiff $11,849.
Location: Oklahoma County, Oklahoma
Case Name and Docket Number: Templeton v. Enterprise Rent a Car, CJ-2011-00292

Front-Seat Passenger Injured in Rear-End Collision

Type of Injury: Neck and back injuries-Aggravation of preexisting cervical and lumbar injuries
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was a front-seat passenger in a vehicle driven by his wife. They were at a complete stop waiting to make a left turn into a shopping mall. Defendant struck their stopped vehicle in the rear. Plaintiff alleged he sustained soft tissue neck and back injuries as a direct result of this impact. Defendant denied plaintiff was injured to the extent he claimed. Defendant noted plaintiff’s significant history of lumbar back complaints and produced evidence of two to three visits a year to emergency facilities with regard to lumbar complaints. The case was subject to a high/low agreement, pursuant to which plaintiff received $ 25,000.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Douglas v. Vandeveer, CJ-2010-1689

Plaintiff Settles Disputed Rear-End Crash Injuries

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $30,000
Case Summary: Plaintiff was rear-ended by defendant. This accident involved a moderate impact. Plaintiff claimed neck and back injuries from the accident. She argued that her prior back problems had resolved and the neck and back injuries from this accident caused exacerbation and re-injury of prior areas. Plaintiff’s chiropractic expert testified that plaintiff’s continuing physical problems were due to this accident. Defendant admitted liability but disputed that plaintiff’s continuing problems were related to the collision. The parties entered into a compromise agreement whereby the defendant agreed to pay the total sum of $30,000 to settle the claims.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Preibe v. Kinkeade, CJ-2015-03640

Plaintiff Hospitalized by Rear-End Crash Injuries

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $31,678
Case Summary: Plaintiffs, who were traveling in the same vehicle, came to a stop at a traffic light. They were subsequently rear-ended by defendant motorist. Both plaintiffs claimed soft tissue neck and back injuries. Plaintiff 1 spent four days in the hospital following the accident. Plaintiff2 claimed medical expenses of $2,500 and lost wages of $1,000. Plaintiff1 claimed medical expenses of $9,500. Liability was admitted. Defendant however contended that Plaintiff1’s hospitalization was not necessitated by the auto accident and Plaintiff2’s injuries were not causally related to the accident. The jury awarded $10,000 to Plaintiff2 and $31,678 to Plaintiff1.
Location: Pottawatomie County, Oklahoma
Case Name and Docket Number: Conley v. Johnson, CJ 2011-979

Rear-End Accident Settlement Approved for Injured Child

Type of Injury: Back injury-herniated disc at L5-S1
Award/Settlement Amount: $50,000
Case Summary: Plaintiff, a minor, was a passenger in her mother’s vehicle. Plaintiff’s vehicle came to a stop in rush hour traffic and was rear-ended by defendant. Plaintiff sustained herniated disc at L5-S1 as a direct result of this accident. Liability was admitted two weeks before trial. Defendant however contended that plaintiff’s disc herniation was not causally related to this accident and claimed that plaintiff had merely suffered a whiplash injury which resolved. A compromise settlement was reached whereby defendant’s insurer would pay $50,000 in exchange for it and the defendant’s release from all accident-related claims. The court approved the terms of the settlement.
Location: Cleveland County, Oklahoma
Case Name and Docket Number: Armenta v. McAllister, CJ-2017-00497

Drunk Driver Liable for Rear-End Crash Injuries

Type of Injury: Soft tissue back injury
Award/Settlement Amount: $80,000
Case Summary: Plaintiff stopped his vehicle for a red light and was rear-ended by defendant. Defendant was discovered to have a blood alcohol content (BAC) of .18. She later pled guilty to driving while intoxicated. Plaintiff claimed soft tissue back injury necessitating emergency room treatment, orthopedic care, physical therapy and three epidural injections. As a result of his injury, plaintiff claimed he could no longer work as a carpenter and took a job as a security guard. Defendant’s medical expert stated that plaintiff’s injury should have resolved within a few months without any job change. A settlement of $80,000 was reached. Per plaintiff’s counsel, State’s statutory punitive damages for DWI and the fact that there were policy limits of $100,000 influenced the settlement in this case.
Location: Oklahoma County, Oklahoma
Case Name and Docket Number: Colbert v. Good, CJ-2017-05192

Severe Injury Case Examples

Severe rear-end crash injuries include debilitating neck and back injuries that may require surgical intervention, traumatic brain injuries, and bone fractures. Victims may have permanent impairments that affect all activities of daily living, including employment options.

Rear-End Case Settled After Defendant Admits Liability

Type of Injury: Soft tissue low back injury
Award/Settlement Amount: $125,000
Case Summary: At a traffic light, defendant rear-ended plaintiff’s car. Plaintiff claimed soft tissue low back injury. She claimed ongoing treatment for her back injury and was receiving one to two epidural steroid injections per year for an indefinite period. Defendant admitted liability for the accident. Defendant contended plaintiff’s low back injury was a preexisting condition and was not related to trauma from the auto accident. Despite the dispute, the parties agreed to a $125,000 pre-trial settlement. Per plaintiff’s counsel, the pain management specialist’s opinion regarding the necessity of future treatment affected the outcome of this case.
Location: Kay County, Oklahoma
Case Name and Docket Number: Mary v. Dewayne, CJ-2006-00194; CJ-2006-194

Rear-End Accident Case Settled Prior to Trial

Type of Injury: Back injury- soft tissue injuries and herniated cervical discs at C4-7
Award/Settlement Amount: $145,000
Case Summary: Plaintiff came to a stop to allow a truck to pull out of a construction site. Defendant rounded a curve and was unable to stop in time to avoid rear-ending plaintiff’s car. Plaintiff alleged she sustained soft tissue injuries and herniated cervical discs at C4-7 as a direct result of this accident. Plaintiff acknowledged preexisting injuries, but claimed the complaints she had following the accident were due to new injuries. Defendant disputed the extent of plaintiff’s injuries and contended that some or all of plaintiff’s injuries were preexisting. The parties reached a $145,000 settlement prior to trial.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Jaggers v. Cusumano, CJ-2011-6024

Plaintiff Settles Disputed Rear-End Crash Injuries Case

Type of Injury: Back injury-Cervical disc herniation
Award/Settlement Amount: $208,785
Case Summary: Plaintiff was operating his vehicle when he was rear-ended by defendant’s vehicle. Plaintiff claimed he suffered a cervical disc herniation as result of the accident. He further contended that he required surgery because of this accident, resulting in a permanent impairment. Defendant admitted liability for the accident but disputed the extent of plaintiff’s injuries. Defendant argued that plaintiff had a significant history of lower back and neck pain and claimed that plaintiff’s complaints were not related to this accident. The case settled for $208,785.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Bridgeman v. Spyres, CJ-2018-05025

Unlicensed Teen Driver Liable For Rear-End Collision

Type of Injury: Fractured ribs; Head injuries-lacerations
Award/Settlement Amount: $300,000
Case Summary: Plaintiff came to a stop preparing to make a left turn and was rear-ended by defendant. The force of the collision pushed plaintiff’s vehicle into oncoming traffic. Plaintiff’s truck was totaled when it was struck by an oncoming pickup truck. Defendant’s estimated speed at the time of impact was 40 mph. Defendant, who was 15 years old at the time of the accident, was unlicensed. Plaintiff sustained multiple fractures and other injuries. He was hospitalized for a week and then required the use of a wheelchair for several more weeks. Defendant did not contest liability but disputed the nature and extent of plaintiff’s injuries and his claim for loss of earnings. Per plaintiff’s Counsel, plaintiff’s significant emotional distress claim led to a settlement for the policy limits of $300,000.
Location: Tulsa County, Oklahoma
Case Name and Docket Number: Garrison v. Garrison, CJ-2015-04563

Methodology

We analyzed a group of real personal injury cases filed in Oklahoma courts arising from rear-end accidents. Each plaintiff received compensation from a jury award or pre-trial settlement. In cases with more than one plaintiff, the Award/Settlement Amount reflects the highest amount issued to one individual plaintiff.

Averages are calculated by adding all the payouts in a group, then dividing by the number of cases in the group.

See injury payouts from actual Connecticut rear-end accident cases. Find rear-end collision claims similar to yours.

Rear-end collisions are the most common type of accident in the United States, accounting for 29 percent of all car crashes.¹

The average car accident settlement for a moderate injury claim in Connecticut is $40,047. Actual payouts range from $275 for minor injuries to $5,390,000 for catastrophic injuries.

Average Payouts for Connecticut Rear-End Collisions

Our case group is drawn from actual lawsuits filed in Connecticut courts by people injured in rear-end accidents. The accidents range from a low-impact fender-bender to a horrific chain rear-end collision that crushed the victim’s passenger vehicle between two tractor-trailers.

Average Payout by Severity of Injury
Minor Injury	$6,978
Moderate Injury	$40,047
Severe Injury	$991,383
Payout Range by Type of Injury
Neck and Back Injuries	$275 - $5,390,000*
Head Injuries	$15,692- $5,390,000*

Factors Affecting Connecticut Rear-End Settlement Amounts

The scope and severity of injuries is the controlling factor in the amount of a car accident settlement. The payoff for a mild whiplash will be far less than for a paralyzing spinal cord injury.

Other factors that influence injury payouts in Connecticut:

• Impact Severity – Adjusters take a hard look at injury claims arising from low-impact rear-end collisions, especially when the vehicles showed little to no damage. Insurers are only obligated to pay reasonable medical costs.
• Shared Fault – Connecticut is a modified comparative negligence state. You can file an injury claim against the other driver even if you shared some blame, as long as you are not more to blame than the other party. Your payout will be reduced according to your percentage of fault.
• Auto Policy Limits – Connecticut requires all drivers to carry insurance no less than $25,000 per person and $50,000 per accident bodily injury liability, and $25,000 property damage liability. The minimum limits won’t be enough to cover severe injury claims.
• Uninsured/Underinsured – Connecticut requires uninsured and underinsured motorist coverage equal to your policy’s liability limits. You’ll need that coverage if you are injured in a rear-end crash caused by a driver with no insurance or not enough insurance to pay for all your damages.
• Multiple Claimants – When two or more people are seriously injured in a crash, the at-fault driver’s limits might not be enough to go around.
• Punitive Damages: Punitive damages in Connecticut are limited to the plaintiff’s litigation fees and costs.
• Commercial Policies – Most rear-end accidents involve drivers with personal auto insurance. These policies have bodily injury liability limits ranging from the state minimum of $25,000 up to $100,000. Commercial liability limits, for tractor-trailers and other business vehicles in Connecticut, start at a minimum of $1 million.

Minor Injury Case Examples

Minor rear-end crash injuries are mostly soft-tissue injuries like bumps, bruises, or neck or back strain. Little medical care is needed after the initial evaluation. Most minor injury victims fully recover after a week or two and will only miss a few days of work.

Two-Month Treatment Delay After Rear-End Accident

Type of Injury: Soft tissue neck injuries
Award/Settlement Amount: $275
Case Summary: Plaintiffs were passengers in a motor vehicle stopped at a red light that was rear-ended by a car driven by Defendant. Plaintiffs waited two months before seeking medical treatment. Both plaintiffs claimed soft tissue neck injuries for which they received orthopedic and physical therapy treatment. Defendant admitted liability, but argued plaintiffs’ claimed injuries could not be causally related to the accident due to the delay in seeking treatment. Defendant contended the vehicles had little to no visible damage. Jury awarded plaintiffs a total of $550. Per defendant’s counsel, the low impact nature of this accident coupled with a delay in seeking treatment affected the outcome of this case.
Location: Fairfield, Connecticut
Case Name and Docket Number: Alfonso v. O’Connell, CV03-0403012S

Costs-Only Award for Rear-End Fender Bender

Type of Injury: Aggravation of preexisting soft tissue back and neck injuries
Award/Settlement Amount: $954
Case Summary: Plaintiff stopped for a red light at an intersection in a commercial area. While stopped, she was rear-ended by a vehicle driven by Defendant. Plaintiff sought emergency room treatment followed by physical therapy and chiropractic care. Plaintiff alleged the force of impact was sufficient to cause serious neck and back injuries with ongoing complaints of pain and stiffness. Plaintiff acknowledged preexisting spinal problems, but argued that this accident aggravated her condition. Liability was admitted. Defendant however contended that plaintiff was not injured in this minor collision and any ongoing complaints were unrelated to the accident or were pre existing. Jury awarded plaintiff $954 for emergency room expenses only.
Location: New London, Connecticut
Case Name and Docket Number: Brown v. Bedard, KNL-CV09-5010587

Small Jury Award After Rejecting Big Rear-End Settlement

Type of Injury: Shoulder injury-Torn rotator cuff; Soft tissue right leg and head injuries; Back injury-cervical strain and contusions.
Award/Settlement Amount: $1,945
Case Summary: Plaintiff stopped for a red light and was rear-ended by a vehicle driven by Defendant. Plaintiff claimed he sustained a torn rotator cuff; soft tissue right leg and head injuries; cervical strain; and contusions which kept him from enjoying normal activities of life. He sought damages for medicals and pain and suffering. Defendant did not deny that he struck plaintiff’s vehicle, but disputed that he was negligent in doing so. He also disputed the extent of plaintiff’s injuries. Jury returned a verdict of $1,945 in favor of the plaintiff. Plaintiff had previously rejected a $20,000 offer of compromise.
Location: Hartford, Connecticut
Case Name and Docket Number: Balisano v. Bonville, JR, CV-08-5020171-S

Defendant Disputed Plaintiff’s Rear-End Crash Injuries

Type of Injury: Neck and back injuries
Award/Settlement Amount: $2,799
Case Summary: Plaintiff was in a rear-end collision with Defendant, who admitted liability for the accident. Plaintiff alleged she sustained significant and permanent neck and back injuries as a direct result of this accident. Defendant contended that this relatively minor accident could not have caused any serious injuries and that any injuries sustained should have resolved within a few weeks of the accident. Defendant argued that plaintiff’s medical records revealed unrelated personal injuries, which could have caused her complaints. Defendant also argued that plaintiff’s symptoms improved during post-accident treatment. Plaintiff disputed that she had unrelated injuries or that she experienced any improvement during treatment. Jury returned a $2,799 verdict for plaintiff.
Location: Hartford, Connecticut
Case Name and Docket Number: Uccello v. Burgos, HHD-CV10-6012708-S

Plaintiff Rejects Rear-End Arbitration Award, Gets Smaller Jury Award

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $5,000
Case Summary: Plaintiff and Defendant were operating their vehicles on the same roadway. They each exited the highway. Plaintiff stopped at the end of the ramp and was rear-ended by defendant’s vehicle. Plaintiff claimed significant cervical and lumbar injuries with decreased mobility and loss of enjoyment of life. Defendant did not contest liability, but disputed the nature and severity of plaintiff’s alleged bodily injury claims. This case was originally submitted for pre-trial arbitration. Plaintiff received a $12,000 award. However, she rejected the award and elected to proceed to this jury trial. Jury awarded her $4,740 for past medical expenses and $260 for pain and suffering.
Location: Fairfield, Connecticut
Case Name and Docket Number: Garcia v. Milligan, CV-07-5011935-S

Jury Award for Passenger Child’s Rear-End Crash Injuries

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $9,100
Case Summary: Plaintiff was a back seat passenger in a vehicle driven by her mother. They had just passed through an intersection when they stopped to make a left turn. While stopped, they were rear-ended by a vehicle driven by Defendant. Plaintiff alleged that she sustained soft tissue neck and back injuries that required chiropractic treatment as a result of this accident. Liability was admitted. Defendant however disputed the extent of the injuries claimed by plaintiff. Defendant argued that plaintiff exacerbated her injury while painting her room, which plaintiff denied. Jury awarded $1,500 to plaintiff for pain and suffering and $7,500 to her mother for medicals.
Location: Hartford, Connecticut
Case Name and Docket Number: Latimer v. King, CV065002997S

Jury Verdict for Rear-End Plaintiff after Subsequent Accidents

Type of Injury: Neck and Back injuries-Soft tissue cervical and lumbar injuries
Award/Settlement Amount: $13,981
Case Summary: Plaintiff stopped her car due to traffic and was struck in the rear by Defendant. Plaintiff claimed she sustained disabling cervical and lumbar injuries from the impact and treated with a physical therapist for five months after the accident. Plaintiff was later involved in two other motor vehicle accidents which were settled prior to this trial. Defendant disputed plaintiff’s injuries were caused by this accident. Defendant argued that the injuries were caused by plaintiff’s subsequent accidents. Jury returned a verdict for plaintiff, awarding her $7,000 for past medical expenses and $6,981 for pain and suffering.
Location: Fairfield, Connecticut
Case Name and Docket Number: Hatchett v. Feliciano, CV-05-4009806S

Moderate Injury Case Examples

Moderate injuries from a rear-end collision include more extensive soft-tissue injuries like severe sprains and strains, slipped or herniated discs, concussions, and simple fractures. Recovery may take weeks or months, and there may be lingering effects from injuries. Victims often require longer medical treatment and physical therapy, and may be out of work for weeks or months.

Plaintiff in Three Prior Accidents Before Rear-End Collision

Type of Injury: Right shoulder rotator cuff injury; Others-soft tissue cervical and lumbar injuries and post-concussive headaches with depression
Award/Settlement Amount: $15,692
Case Summary: Plaintiff came to a stop and was rear-ended by Defendant. The impact pushed plaintiff’s vehicle into the rear of the car ahead of her. Plaintiff claimed a rotator cuff injury, as well as neck and back injuries. She underwent two surgical repairs on her shoulder after the accident. Defendant argued that plaintiff’s injuries did not arise from this accident. Defendant contended that plaintiff was involved in three prior automobile accidents which may have caused the serious shoulder and back complaints. Defendant further claimed plaintiff’s need for surgery was unrelated to this accident. The jury returned a $15,692 verdict in favor of plaintiff.
Location: Fairfield, Connecticut
Case Name and Docket Number: Peterson v. Sessa, CV065001247S

Rear Driver Not To Blame for Rear-End Crash

Type of Injury: Back and Neck injuries-Aggravation of Pre-existing cervical and lumbar disc herniations
Award/Settlement Amount: $23,316
Case Summary: Plaintiff claimed that defendant suddenly and unexpectedly pulled out of a parking lot and onto a Street in front of him, causing him to strike the rear of defendant’s car. Plaintiff was diagnosed with aggravation of pre-existing cervical and lumbar disc herniations. Plaintiff admitted he was involved in prior motor vehicle accident in which he suffered herniated cervical and lumbar disc injuries. He however claimed he was asymptomatic for a number of years prior to the subject accident. Defendant denied negligence, contending that the road was clear prior to his attempting to make his left turn. Defendant also denied causation and the extent of plaintiff’s injuries. Court found for plaintiff. Judge determined plaintiff’s damages totaled $23,316.
Location: Hamden, Connecticut
Case Name and Docket Number: Printemps v. Walker, FSTCV16-6028541-S

Rear-End Collision Aggravates Pre-Existing Conditions

Type of Injury: Aggravation of a pre existing back and neck degenerative condition, causing new numbness and tingling in plaintiff’s right hand.
Award/Settlement Amount: $23,500
Case Summary: Plaintiff was rear-ended by Defendant. Plaintiff said the impact caused an aggravation of preexisting degenerative disc disease, resulting in numbness and tingling in her dominant right hand. She claimed she did not have the numbness and tingling sensations before this accident. Defendant denied liability for causing this accident. He contended that plaintiff switched lanes just before impact and caused the accident herself. He argued that this was a minor collision and plaintiff was not injured. Defendant maintained that any complaints were likely related to her pre existing degenerative condition. The jury awarded plaintiff $23,500 in damages.
Location: Middlesex, Connecticut
Case Name and Docket Number: Bohan v. Zhang, CV055001214S

Rear-End Crash Victim with Partial Permanent Disability

Type of Injury: Soft tissue neck injury and two herniated discs in the back
Award/Settlement Amount: $40,705
Case Summary: Plaintiff came to a stop and her car was rear-ended by defendant’s vehicle. According to plaintiff, she sustained a soft tissue neck injury and two herniated discs in her back as a direct result of this accident. She treated with a physical therapist for about one-year post-accident and claimed a 10% permanent disability. Defendant contended that plaintiff was not injured to the extent she claimed. Jury returned a verdict in favor of plaintiff for $30,000 for pain and suffering and $10,705 for past medical bills.
Location: Fairfield, Connecticut
Case Name and Docket Number: Thuhowsky v. Singh, CV04-0408906S

Award to Rear-End Accident Victim with Pre-Existing Injuries

Type of Injury: Back and neck injury-aggravation of preexisting injuries to cervical, thoracic and lumbar regions and disc protrusion at C5-6
Award/Settlement Amount: $58,500
Case Summary: Plaintiff’s vehicle was rear-ended by a vehicle driven by defendant. Following the accident, plaintiff was taken by ambulance to a local emergency room, where she complained of pain in her neck and back. Plaintiff claimed that she suffered an aggravation of preexisting injuries to her cervical, thoracic and lumbar regions, as well as a disc protrusion at C5-6. She had previously suffered neck and back sprains in a prior motor vehicle accident. She underwent four months of chiropractic care to treat the neck and back injuries. Defendant admitted liability. The case proceeded on injuries and damages. Defendant’s insurer agreed to a $58,500 settlement on the day of trial.
Location: New Haven, Connecticut
Case Name and Docket Number: Loubriel v. Gigante, NNH-CV18-6086684-S

Defendant Denied Causing Rear-End Crash, Disputes Injuries

Type of Injury: Soft tissue injuries to neck, shoulder and back-muscle spasm
Award/Settlement Amount: $62,485
Case Summary: Plaintiff stopped prior to turning into a parking lot and was rear-ended by Defendant. Defendant’s wife, was the owner of the vehicle. Plaintiff claimed she suffered permanent soft tissue injuries to her neck, shoulder and back, resulting in muscle spasms. Defendant’s wife did not file a response to plaintiff’s complaint. Defendant denied negligence with regard to the accident and disputed the extent of plaintiff’s damages. Jury awarded plaintiff $62,485 ($12,485 for past medical expenses and $50,000 for pain and suffering.)
Location: Fairfield, Connecticut
Case Name and Docket Number: O’Toole V. O’Connor, CV-04-4001234-S

Jury Award to Rear-End Victim with Partial Disability

Type of Injury: Thoracic spine injury
Award/Settlement Amount: $68,270
Case Summary: Plaintiff slowed behind another car and was rear-ended by Defendant. Plaintiff was taken to the hospital and treated for neck and low back pain. She was prescribed ibuprofen. Plaintiff was involved in a second car accident six months later. Plaintiff claimed she suffered a 25% permanent partial disability to her thoracic spine as a result of the accident. Plaintiff’s chiropractor testified that the majority of plaintiff’s injuries were caused by the first accident. Defendant denied that the first wreck was the cause of plaintiff’s injuries. He argued that it was impossible for plaintiff’s expert, who did not examine plaintiff until after the second accident, to reasonably determine which accident was responsible for her injuries. Plaintiff was awarded $68,270 by a jury.
Location: Waterbury, Connecticut
Case Name and Docket Number: Rodia v. Sobulefsky, UWY-CV-075005773

Award to Plaintiff Injured by Rear-End Collision

Type of Injury: Leg injury; Lumbar disc herniation with sciatica
Award/Settlement Amount: $70,715
Case Summary: Plaintiff was stopped at a red light when his vehicle was tapped from behind by another vehicle. Defendant told the investigating officer at the scene that her foot had slipped off the brake after she had come to a stop and that she rolled into plaintiff’s vehicle. Approximately six months after the accident, plaintiff was diagnosed with a disc herniation. He claimed his leg and back pain were the result of pressure caused by the herniation, which he alleged occurred at the time of the accident. Defendant contended that the force of the impact was insufficient to have resulted in the claimed injuries. Defendant also argued that the six-month gap in treatment was evidence that plaintiff’s herniation was unrelated to the accident. Jury awarded $70,715 to plaintiff.
Location: Hartford, Connecticut
Case Name and Docket Number: Banas v. Armbruster, CV106008498S

Severe Injury Case Examples

Severe car accident victims often sustain multiple serious injuries, such as traumatic brain injuries, crushing bone fractures, extensive disc damage, or spinal cord damage. Victims may be partially or totally disabled, and will not be able to fully return to their pre-accident activities of daily living.

Rear-End Defendant Disputes Plaintiff’s Permanent Disability

Type of Injury: Lower back injury-Muscular ligamentous sprain of the lumbar spine
Award/Settlement Amount: $100,335
Case Summary: Plaintiff was driving her car north. She came to a stop at an intersection and was rear-ended by a vehicle driven by Defendant. Plaintiff claimed she sustained a soft tissue injury to her lumbar spine. An independent medical examiner confirmed a 3% to 5% impairment. Plaintiff’s physician opined that plaintiff’s lower back pain was likely to be permanent, despite continuous treatment. Defendant admitted liability for having caused the accident, but disputed the proximate cause of plaintiff’s injuries. Defendant presented evidence that plaintiff had been involved in three previous motor vehicle accidents. However, plaintiff testified that none of the prior accidents had caused any physical injuries that required medical treatment. Jury awarded plaintiff $14,160 in economic damages and $86,175 in non-economic damages.
Location: Fairfield, Connecticut
Case Name and Docket Number: Vankirk v. Tyliszczak, CV040409328S

Limited Jury Award to Rear-End Plaintiff

Type of Injury: Soft tissue neck and back injuries.
Award/Settlement Amount: $108,000
Case Summary: Plaintiff was rear-ended by a vehicle driven by Defendant. Plaintiff claimed he suffered neck and back soft tissue injuries as a direct result of the accident. He asserted that his cervical injury resolved, but he had extended low back problems that required acupuncture and massage therapy. Plaintiff maintained that he had to hire additional employees to run his business. Defendant admitted he struck plaintiff’s vehicle in the rear but contended he was faced with a sudden emergency as traffic had stopped around a curved and hilly section of the road and he had no time to stop. Defendant claimed this accident was not the proximate cause of plaintiff’s alleged injury. A jury awarded plaintiff $108,000, primarily for his medicals.
Location: Fairfield, Connecticut
Case Name and Docket Number: Achtman v. Mandras, CV040199746S

Trucker Liable for Rear-End Injuries to Cancer Survivor

Type of Injury: Back injuries-cervical and lumbar bulges and herniations; General soft tissue injuries
Award/Settlement Amount: $172,500
Case Summary: Plaintiff was driving her vehicle with her 17-year-old daughter as a passenger, when they were rear-ended by a tractor-trailer driven by Defendant and owned by Co-defendant. Defendant was traveling 55 to 60 mph when he moved from the left lane to the right lane and clipped the rear of plaintiffs’ vehicle. Plaintiff’s vehicle spun out of control and hit a roadway median. Both plaintiffs claimed cervical and lumbar bulges and herniations, as well as other assorted soft tissue injuries. Liability was admitted by defendants on the eve of trial. Defendants contended that plaintiffs exaggerated their injuries and had recovered. Jury awarded plaintiffs $345,000. Per plaintiffs’ counsel, Plaintiff driver survived breast cancer prior to this accident, which limited the case she could make for non-economic damages.
Location: Danbury, Connecticut
Case Name and Docket Number: Bolanos v. Curry, CV010341916S

Plaintiff in Chronic Pain from Rear-End Collision

Type of Injury: Neck and Back Injuries-Lumbar disc herniation
Award/Settlement Amount: $1,380,000
Case Summary: Plaintiff’s vehicle was rear-ended by Defendant. Plaintiff claimed she sustained permanent injuries to her neck and back which rendered her unable to return to her job. Specifically, plaintiff’s lumbar disc herniation was confirmed by MRI. She underwent a discography and had a nucleoplasty on her low back. She also underwent several pain management procedures, such as epidural steroid injections and facet blocks to the lumbar and cervical areas. Although she had improvement in the cervical region following fusion, she still had significant residual complaints of neck pain. Defendants admitted liability for the accident, but disputed causation and the extent of plaintiff’s injuries. Jury found for plaintiff and awarded her $1,380,000.
Location: Waterbury, Connecticut
Case Name and Docket Number: Yeager v. Alvarez, CV-07-6000541-S

Young Man Paralyzed in Multi-Truck Rear-End Crash

Type of Injury: Head injury-Fractured skull; Back injury- comminuted fractures of the cervical spine, permanent damage to the spinal cord resulting in high-level quadriplegia
Award/Settlement Amount: $5,390,000
Case Summary: Plaintiff, age 26, was operating his vehicle. Immediately ahead of him was a tractor-trailer owned by Defendant 1 and operated by Defendant 2. Directly behind plaintiff’s vehicle was a tractor-trailer owned by Defendant 3 and operated by Defendant 4. As these vehicles approached an entrance ramp, there was a collision in the right lane between Defendant5’s vehicle and Defendant 6’s box truck. The force of the impact pushed the box truck partially into the center lane, causing Defendant2 to stop his tractor-trailer to avoid striking box truck. Plaintiff also stopped. However, Defendant4 was unable to stop in time and struck plaintiff’s vehicle in the rear, pushing it into and under Defendant3’s truck. Plaintiff suffered a fractured skull and comminuted fractures of the cervical spine, resulting in high-level quadriplegia. Plaintiff settled with defendants for $5,390,000.
Location: New Haven, Connecticut
Case Name and Docket Number: Laufer v. Road-Con Systems, Inc., CV-05-4003130-S

Methodology

Here we analyzed a group of actual Connecticut car accident cases filed by plaintiffs injured in rear-end collisions. Each plaintiff received a payoff from a court award or out-of-court settlement.

The Settlement/Award Amount is the final payout to a single plaintiff, and reflects any reductions made to account for a plaintiff’s contributory negligence.

Averages are calculated by adding the payouts for a group, then dividing by the number of cases in the group. An unusually high payout will skew the average higher for that group.

Explore injury settlements and court awards for rear-end car accidents in California. Find actual case examples similar to yours.

More than a third of the speeding-related fatal and severe injury crashes in California are rear-end collisions.¹

The average settlement for a moderate rear-end collision in California is $44,975. Actual payout amounts ranged from $2,500 for minor soft-tissue injuries to $5,750,000 for severe disabling injuries.

Average Payouts for California Rear-End Collisions

We compiled and analyzed a group of actual lawsuits filed in California courts by people injured in rear-end collisions. There are no wrongful death cases in the group.

Average Payout by Severity of Injury
Minor Injury	$7,036
Moderate Injury	$44,975
Severe Injury	$2,331,290
Payout Range by Type of Injury
Neck and Back Injuries	$2,500 - $5,750,000

Factors Affecting California Rear-End Settlement Amounts

The value of a rear-end injury claim hinges on the severity of the victim’s injuries and how they affect the person’s ability to function in daily life. Most settlements include compensation for medical bills, lost wages, and pain and suffering.

Other factors that influence injury payouts in California:

• Impact Severity – Adjusters are suspicious of big injury claims from low-impact rear-end accidents. High-dollar payouts are more common in high-impact or multiple-impact scenarios.
• Shared Fault – California is a pure comparative fault state. You can file a claim against the other driver, even when you are more to blame for causing the accident. Your payout will be reduced according to your percentage of fault.
• Auto Policy Limits – California requires all drivers to carry insurance no less than $15,000 per person and $30,000 per accident bodily injury liability, and $5,000 property damage liability. If the at-fault driver only has minimal limits, there might not be enough to cover all your damages.
• Uninsured/Underinsured – California requires insurers to offer uninsured (UMC) and underinsured (UIM) motorist coverage equal to your policy’s liability limits. Policyholders who reject this coverage could end up with little or no compensation if the at-fault driver is underinsured.
• Multiple Claimants – When multiple people are injured in the same crash, the at-fault driver’s per-accident insurance limits may not be enough to pay everyone.
• Punitive Damages: California only allows punitive damage awards when the at-fault party is proven to be guilty of oppression, fraud, or malice.

Minor Injury Case Examples

Minor rear-end accident cases commonly involve soft-tissue injuries like mild sprains or strains. The person may miss a few days of work and should be fully recovered in a few weeks.

Small Award for Low-Impact Rear-End Collision

Type of Injury: Whiplash injury to the neck
Award/Settlement Amount: $2,500
Case Summary: Plaintiff was a passenger in an automobile stopped at a traffic light. While stopped, Plaintiff’s vehicle was rear-ended by a vehicle driven by Defendant. Liability was admitted and the case proceeded on issue of damages. Plaintiff alleged that the force of the impact caused her to suffer a severe whiplash injury to the neck, resulting in a 9% permanent partial disability. Defendant contended that this was a minor impact with no more than a scratch to plaintiff’s vehicle and plaintiff’s injuries could not have been caused by this accident. Jury awarded $2,500 to plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Begando v. Peterson, YC 041 783

Plaintiff Shared Fault for Rear-End Accident

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $2,898
Case Summary: Plaintiff was driving northbound. She stopped her vehicle at a red light at an intersection. Defendant, driving his pickup northbound, rear-ended plaintiff’s stopped vehicle. Plaintiff said she slowed, and then stopped, as the light turned from yellow to red. Her counsel introduced a witness, who confirmed plaintiff’s version of the event. Defendant argued that the plaintiff cut in front of him and then abruptly stopped at the red light. Plaintiff claimed soft tissue neck and back injuries for which she was treated by a chiropractor for nine weeks. Defendant’s expert witness testified that plaintiff may have suffered a mild sprain/strain injury, but treatment beyond a few days was unreasonable. Jury returned a verdict for plaintiff $4,831 gross, reduced to $2,898 net based on a finding of 40% comparative negligence.
Location: Contra Costa County, California
Case Name and Docket Number: Mangalindan v. Barker, CIV 501 2166

Rear-End Accident Exacerbates Prior Injuries

Type of Injury: Soft tissue neck and back injuries; an exacerbation of preexisting underlying neck and back condition
Award/Settlement Amount: $3,000
Case Summary: Plaintiff was driving her vehicle on a dark, rainy evening. Her vehicle was rear-ended by a vehicle driven by Defendant after plaintiff stopped at a stop sign. Plaintiff claimed soft tissue neck and back injuries and an exacerbation of preexisting underlying neck and back condition associated with prior accidents. Defendant admitted liability for the accident, but contended the minor accident did not cause plaintiff’s injuries. He argued that plaintiff may have suffered an aggravation of her pre existing injuries for a short period of time, but she did not sustain new injuries due to this accident. The jury returned a $3,000 verdict for plaintiff.
Location: Orange County, California
Case Name and Docket Number: Pierce v. Lana Thi Gray, 30-2015-00783934

Defendant in Rear-End Case Disputes Plaintiff’s Injuries

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was operating her vehicle east. At an intersection controlled by a traffic light, Defendant1 made a right turn from a red light in front of plaintiff’s oncoming vehicle. Plaintiff swerved to avoid a collision with Defendant1 and then came to a stop. However, plaintiff was rear-ended by Defendant 2. Plaintiff claimed soft tissue neck and back injuries which resolved. She also claimed medical expenses of $3,830 and approximately $1,500 for four weeks of lost wages. Defendants blamed each other for causing the accident. There was also a dispute regarding the nature and extent of plaintiff’s injuries. Jury returned a verdict plaintiff in the amount of $5,000.
Location: Los Angeles County, California
Case Name and Docket Number: Farahmand v. Ward II, BC523509

Two Defendants Liable for Rear-End Collision

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $6,446
Case Summary: Plaintiff was operating a vehicle with her sister as a passenger. Plaintiff activated her left turn signal and came to a stop waiting for traffic to clear so she could execute the turn. Defendant, who was operating a vehicle on the same street and in the same direction as the plaintiffs, failed to stop and rear-ended plaintiffs’ car. Plaintiffs’ vehicle sustained moderate property damage. Defendant was operating a vehicle owned by her father at the time of the collision. Defendants admitted liability. Plaintiffs alleged that they sustained soft tissue neck and back injuries as a result of this accident. Defendants disputed the plaintiffs’ injuries. A jury deliberated for 2.5 hours before returning a $12,892 verdict in favor of plaintiffs against both defendants.
Location: Sacramento County, California
Case Name and Docket Number: Toro v. Franco, 34-2010-00069054

Plaintiff Settles Rear-End Parking Spot Case

Type of Injury: Soft tissue injuries-neck and back strain, headaches, and bilateral shoulder pain
Award/Settlement Amount: $6,500
Case Summary: Plaintiff was driving a truck while making deliveries for his employer. As Plaintiff was backing into the parking space, Defendant hit the rear of the delivery truck. Plaintiff claimed defendant was talking on a cell phone and failed to watch the traffic. Defendant argued she was in the curb lane intending to make a right turn when she noticed Plaintiff begin to back up. She attempted to alert him with her horn, but there was no response. He backed into her vehicle, which was in a parked position. Plaintiff claimed neck and back strain, headaches, and bilateral shoulder pain. The case settled for $6,500 prior to trial.
Location: San Diego County, California
Case Name and Docket Number: Taila v. Rivera, EC 17155

Commercial Truck Driver Liable for Rear-End Accident

Type of Injury: Neck injury-Bulging disc at C5-C6
Award/Settlement Amount: $6,700
Case Summary: Plaintiff was driving her car in heavy stop-and-go traffic. When she stopped, her car was rear-ended by a commercial truck driven by Defendant. Defendant admitted he was inattentive and struck the rear of plaintiff’s vehicle. The case proceeded to trial on the issues of proximate cause and damages. Plaintiff was initially diagnosed with a cervical disc bulge at C5-C6, but was diagnosed via MRI with a broad based disc herniation. She claimed she was asymptomatic before the accident, having recovered from a prior auto-related neck injury. Her treating physicians testified to the causal connection between the accident and plaintiff’s injury. Defendant argued that plaintiff’s claim for herniated discs was both degenerative in nature and related to the prior accident rather than this accident. The jury awarded plaintiff $6,700.
Location: San Francisco County, California
Case Name and Docket Number: Louie v. Cong Le, CGC-09-488895

Rear-End Crash Blamed on Snowstorm

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $10,840
Case Summary: Plaintiff was driving during a snowstorm. He noticed an abandoned vehicle partially in the right lane ahead of him. He attempted to change lanes to avoid the disabled vehicle and was hit from behind by a car driven by Defendant. The impact caused plaintiff’s car to spin out of control and come to rest against a guardrail. Plaintiff claimed to have sustained soft tissue neck and back injuries as a direct result of this accident. Defendant contended plaintiff unexpectedly moved into his lane of travel and created a sudden emergency such that he could not avoid a collision. Defendant testified he was driving 35 mph and was unable to see in front of him because of the snowstorm. A jury awarded plaintiff $10,840.
Location: San Francisco County, California
Case Name and Docket Number: Marks v. Cortez, CGC-09-484399

Plaintiff Award for Contested Rear-End Crash

Type of Injury: Soft tissue injury to neck, shoulder and lower back; an aggravation of a previous neck condition
Award/Settlement Amount: $12,143
Case Summary: Plaintiff was a passenger in a vehicle driven by his 80 year old mother. Their vehicle was stopped at a stop sign when it was rear-ended by a vehicle driven by Defendant. Defendant admitted liability. Plaintiff alleged that he sustained soft tissue injury to neck, shoulder and lower back as well as an aggravation of a previous neck condition as a direct result of this accident. Defendant claimed that this was a minor accident and plaintiff’s driver was comparatively negligent in stopping abruptly. Defendant also argued that plaintiff’s complaints preexisted this accident and disputed the nature and extent of the alleged injury. Jury awarded $12,143 to plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Lough v. Weinstein, OOC01655

Rear-End Collision in Heavy Traffic

Type of Injury: Soft tissue neck and back injuries; aggravation of pre-existing cervical and lumbar disc injuries
Award/Settlement Amount: $14,335
Case Summary: Plaintiff came to a stop in heavy traffic near police station and his vehicle was rear-ended by a vehicle driven by defendant. The two drivers drove into the parking lot of the police station to exchange information and file a police report. Plaintiff claimed new soft tissue neck and back injuries as a result of the accident. Defendant admitted liability for causing this minor accident, but disputed injury causation and damages. Plaintiff sought orthopedic and chiropractic treatment and underwent a diagnostic MRI. He was diagnosed with aggravation of pre-existing cervical and lumbar disc injuries. Defendant contended that this minor accident could not have caused any serious injuries. Defendant maintained that plaintiff had extensive pre-existing problems from a prior accident. The jury awarded $14,335 to plaintiff.
Location: San Francisco County, California
Case Name and Docket Number: Mui v. Chen, CGC-13-534846

Moderate Injury Case Examples

Moderate rear-end crash injuries include more extensive soft-tissue injuries, like whiplash, simple fractures, bulging or herniated discs, and mild to moderate brain concussions. There could be lingering effects and partial permanent disability. Victims with physically demanding jobs may be out of work for months.

Parties Negotiate Rear-End Accident Settlement

Type of Injury: Soft tissue neck and back injuries; shoulder injury- mild supraspinatus tendinosis
Award/Settlement Amount: $15,000
Case Summary: Plaintiff stopped for a red light at an intersection. He was rear-ended by a vehicle operated by defendant. Plaintiff claimed that defendant was driving too fast for the street in question, and failed to slow and stop her vehicle in time to avoid the collision. Defendant admitted liability. Plaintiff went to the hospital the day after the accident, with complaints of pain in his neck, back and right, dominant shoulder. His neck and back injuries were of the soft-tissue variety, and he underwent a shoulder MRI that revealed mild supraspinatus tendinosis. Defendant claimed that plaintiff was involved in a prior motor vehicle accident, and that his orthopedic injuries were pre existing and degenerative in nature. The parties negotiated a settlement for $15,000.
Location: Contra Costa County, California
Case Name and Docket Number: Shipp v. Toole, CIVMSC10-00099

Partial Permanent Impairment from Rear-End Collision

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $20,000
Case Summary: The plaintiff came to a stop and was rear-ended by defendant’s vehicle. Plaintiff alleged that she sustained soft tissue neck and back injuries as a result of the collision. Plaintiff’s expert reported that plaintiff sustained a 10% permanent impairment of the lumbar spine. Defendant admitted liability and did not appear for trial. However, his attorney argued that plaintiff was not injured to the extent she claimed and disputed the value of plaintiff’s damages. Jury awarded plaintiff $15,000 for pain and suffering and $5,000 for past medicals.
Location: Orange County, California
Case Name and Docket Number: Clement v. Philippsen, 30-2012-00616828-CU-PA-CJC

Rear-End Injury Award Impacted by Crash History

Type of Injury: Soft tissue neck injury resulting in headaches
Award/Settlement Amount: $35,133
Case Summary: Plaintiff was a front-seat passenger in a vehicle driven by defendant. Defendant rear-ended another vehicle, causing plaintiff to strike her head on the windshield. Liability was admitted and the case proceeded on the issue of damages only. Plaintiff alleged that she suffered a permanent soft tissue injury of the neck resulting in headaches as a direct result of this accident. Defendant contended that plaintiff was not injured to the extent she claimed, arguing that any permanency was the result of two subsequent motor vehicle accidents in which she was involved. Jury awarded plaintiff $35,133. Per plaintiff’s counsel, evidence that plaintiff had two other lawsuits pending resulting from other motor vehicle accidents may have had an impact on the outcome.
Location: San Diego County, California
Case Name and Docket Number: Maggio v. Gregory, 37-2015-00037416-CU-PA-CTL

Alleged Meth User Liable for Rear-End Collision

Type of Injury: Head injury-two-to-three-inch laceration to the back of his head; neck and back pain; and brain damage, resulting in blurred vision, dizziness, difficulty sleeping and headaches
Award/Settlement Amount: $37,000
Case Summary: Plaintiff, 25, who was driving a utility truck, stopped for traffic and was rear-ended by a car driven by defendant. The force of the impact propelled plaintiff’s vehicle forward into the vehicle in front of him. Plaintiff struck his head on the rear window and the edge of a toolbox. He sustained a two-to-three-inch laceration to the back of his head; neck and back pain; and brain damage, resulting in blurred vision, dizziness, difficulty sleeping and headaches. Plaintiff claimed that he could not work after the accident, and that he was terminated as a result. The defendant admitted liability, but argued that methamphetamine use caused most of plaintiff’s problems. The parties settled for $37,000.
Location: San Bernardino County, California
Case Name and Docket Number: Bromage v. Schwalm, CIVVS702220

Defendant Denies Liability for Rear-End Crash Injuries

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $37,815
Case Summary: Plaintiff slowed to make a left turn and was rear-ended by defendant. Plaintiff claimed that she sustained soft tissue neck and back injuries as a direct result of this accident. Defendant denied liability for the accident. She asserted that plaintiff failed to use a turn signal and came to a sudden stop. Defendant also disputed the amount of damages claimed by plaintiff. Defendant conceded liability during the trial but continued to dispute the value of the plaintiff’s claim. The jury awarded plaintiff $37,815.
Location: San Francisco County, California
Case Name and Docket Number: Escobar v. Lee, CGC-12-524940

Award for Rear-End Crash Victim with Partial Disability

Type of Injury: Soft tissue neck injury; Back injury-two herniated discs
Award/Settlement Amount: $38,522
Case Summary: Plaintiff came to a stop and her car was rear-ended by defendant’s vehicle. Plaintiff claimed she sustained a soft tissue neck injury and two herniated discs in her back as a direct result of this accident. She treated with a physical therapist for about one year post-accident and claimed a 10% permanent disability. She claimed $10,705 in past medical bills. Defendant admitted liability, but contended that plaintiff was not injured to the extent she claimed. Jury awarded $38,522 to plaintiff.
Location: San Francisco County, California
Case Name and Docket Number: Edwards v. McPeters, CGC-08-476232

Victim of Chain Rear-End Collision Settles Injury Claims

Type of Injury: Back injury-aggravation of pre-existing degenerative disc disease
Award/Settlement Amount: $44,000
Case Summary: Plaintiff stopped his car as a result of traffic. A medium-sized truck owned by Defendant rear-ended a jeep that was behind plaintiff’s vehicle. The force of the impact propelled the jeep forward so that it rear-ended plaintiff’s vehicle. Plaintiff claimed that the accident aggravated his pre-existing degenerative disc disease, which he had sustained as a result of judo and motor vehicle accidents. Prior to the subject accident, he received several nerve blocks and epidural injections. After the subject accident, he underwent an MRI, which showed no significant changes. He continued receiving nerve blocks and epidural injections after the accident. Defendant denied liability and argued that plaintiff’s injuries were pre-existing. The parties settled for $44,000.
Location: Los Angeles County, California
Case Name and Docket Number: Seck v. American Moving Parts, SC097053

Driver Admits Fault for Rear-End Crash, Disputes Victim’s Injuries

Type of Injury: Neck and back injuries-unspecified disc protrusions
Award/Settlement Amount: $57,000
Case Summary: Plaintiff was stopped at an intersection. Defendant failed to stop behind him, resulting in a rear end collision. Plaintiff claimed he sustained cervical and lumbar disc protrusions as a result of this accident. Defendant conceded liability but claimed that plaintiff’s injuries were not a result of the incident in question but, either degenerative changes and/or caused by a subsequent motor vehicle accident. The jury returned a $57,000 verdict in favor of plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Villalobos v. Aranda, MC023611

Treatment Delay After Rear-End Fender Bender

Type of Injury: Back injury-Lumbar disc herniation resulting in pain in leg
Award/Settlement Amount: $75,000
Case Summary: Plaintiff was stopped at a red light when his vehicle was tapped from behind by another vehicle. Defendant told the investigating officer at the scene that her foot had slipped off the brake after she had come to a stop and that she rolled into plaintiff’s vehicle. Plaintiff did not receive any medical treatment until several months later, when he presented to his physician with complaints of leg pain. He sought additional treatment when the pain was unrelenting and progressed to his lower back. Approximately six months after the accident, plaintiff was diagnosed with lumbar disc herniation. He claimed his leg and back pain were the result of pressure caused by the herniation. Defendant contended that the force of the impact was insufficient to have resulted in the claimed injuries. Jury awarded $75,000 to plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Fernandez v. Perez, BC596045

Defendant Blames Rear-End Crash on Stopped Traffic

Type of Injury: Soft tissue neck and back injuries.
Award/Settlement Amount: $90,277
Case Summary: While stopped for traffic, Plaintiff was rear-ended by a vehicle driven by Defendant. Defendant admitted he struck plaintiff’s vehicle in the rear. Plaintiff alleged that defendant had sufficient time to stop before striking his vehicle, despite the curving nature of the road. Plaintiff claimed he suffered neck and back soft tissue injuries as a direct result of the accident. He asserted that his cervical injury resolved, but he had extended low back problems. Defendant contended he was faced with a sudden emergency as traffic had stopped around a curved and hilly section of the road and he had no time to stop. Defendant argued that plaintiff presented no traditional objective evidence of injury. Jury awarded plaintiff $90,277, primarily for his medicals.
Location: Riverside County, California
Case Name and Docket Number: Grover v. Olivo, RIC1119786

Severe Injury Case Examples

Severe car accident victims often suffer multiple serious injuries, such as traumatic brain injuries, disc herniations, complicated fractures, internal injuries, and spinal cord damage. Victims may require surgery, extended hospitalization, and rehabilitation services.

Defendant Blames Foot Cramp for Rear-End Crash

Type of Injury: Neck injury-herniated cervical discs requiring a three level disc fusion surgery
Award/Settlement Amount: $956,633
Case Summary: Plaintiff was a passenger in a vehicle. Plaintiff’s vehicle came to a stop to make a left turn. At the same time, defendant suffered a cramp in her right foot and removed her shoe. As a result, she was unable to press her brake pedal properly and rear-ended plaintiff’s host vehicle. Plaintiff suffered herniated cervical discs requiring a three level disc fusion surgery. Following surgery, plaintiff had less mobility in her neck. Plaintiff admitted to having a pre existing neck problem, but claimed it was asymptomatic before the collision. Defendant did not admit liability and contested damages. Defendant contended that plaintiff’s pre existing neck condition caused part of her neck pain. Plaintiff was awarded $956,633 by a jury.
Location: Los Angeles County, California
Case Name and Docket Number: Moran v. Share, BC566116

Rear-End Collision Victim Sues for Underinsured Coverage

Type of Injury: Neck injury resulting in cervical disc replacement surgery
Award/Settlement Amount: $1,005,000
Case Summary: Plaintiff was driving when she was rear-ended in heavy traffic by an underinsured motorist. The motorist ultimately agreed to tender his policy limits. Plaintiff then sought further recovery via the supplementary-underinsured-motorist provision of her own insurance policy, which was administered by Defendant. Plaintiff claimed she sustained cervical injuries. She initially underwent conservative treatment, which provided minor relief. She was advised she was a candidate for cervical disc replacement surgery, but opted to first undergo an epidural injection. She claimed the epidural injection failed to resolve her neck complaints, and she subsequently decided to proceed with surgery. Defendant disputed the nature and extent of plaintiff’s injuries and treatment. The matter settled for the $1 million underinsured-motorist policy limit, plus $5,000 in medical payment benefits.
Location: Los Angeles County, California
Case Name and Docket Number: Betz v. Arch Insurance Company, ARLC-1427A2

Mediation Award to Rear-End Collision Victim

Type of Injury: Back and neck injuries- aggravation of preexisting cervical and lumbar conditions
Award/Settlement Amount: $1,083,902
Case Summary: Plaintiff was a passenger in her husband’s vehicle. The vehicle was struck from behind by Defendant’s car while traveling in a stop-and-go traffic. Plaintiff sought immediate medical attention for aggravation of preexisting cervical and lumbar conditions. She ultimately underwent two surgeries for repair of cervical and lumbar vertebrae. Plaintiff maintained that the exacerbation and subsequent surgeries were the result of the rear-impact collision. Defendant admitted liability, but disputed the proximate cause of plaintiff’s personal injuries. Defense experts concluded that plaintiff’s injuries predated the accident and the surgeries were due to degenerative changes, not the motor vehicle collision. The parties settled for $1,083,902 at the conclusion of a one day mediation.
Location: San Bernardino County, California
Case Name and Docket Number: Perez v. Ilies, CIVDS1602356

Drunk Driver Caused Multi-Vehicle Rear-End Collision

Type of Injury: Back injury-herniated lumbar disc at the L5-S1 level
Award/Settlement Amount: $2,860,914
Case Summary: Plaintiff was a passenger in a vehicle when it was involved in a multi-vehicle, rear-end collision. The crash occurred when an intoxicated driver, defendant 1, while within the scope of his employment with defendant 2, struck the vehicle in front of him, resulting in the collision of multiple vehicles, including the lead vehicle, which contained plaintiff. Defendant1 admitted liability and admitted that his negligence caused harm to plaintiff. Plaintiff claimed he sustained a herniated lumbar disc at the L5-S1 level. Plaintiff ultimately underwent two surgeries, including a discectomy and a one level fusion two months prior to trial. Defendants’ orthopedic surgery expert saw plaintiff during an independent medical exam and opined that there was no evidence of trauma from the motor vehicle incident with defendant. The jury determined that plaintiff’s damages totaled $2,860,914.
Location: Sacramento County, California
Case Name and Docket Number: Record v. Reese, 34-2013-00147667

Award to Rear-End Victim for Severe Impairments, Lost Wages

Type of Injury: Ribs injury-eight fractured ribs; others-two punctured lungs, mild ulnar neuropathy of right arm above the elbow and soft tissue injury to back
Award/Settlement Amount: $5,750,000
Case Summary: Eight fractured ribs, two punctured lungs, mild ulnar neuropathy of right arm above the elbow and soft tissue injury to back. Plaintiff was hospitalized for 6 days with bilateral chest tubes inserted for 2 or 3 days. He continued to have discomfort in his arm when raising it above shoulder level. He was assessed with a 10% impairment of the right arm and a 25% impairment of the back. Plaintiff claimed $20,000 in past medicals and lost wages of $250,000 to $500,000.
Location: Alameda County, California
Case Name and Docket Number: Ringseth v. Lea , RG18895260

Methodology

We collected and analyzed a group of real California injury lawsuits arising from rear-end collisions. Each plaintiff received a payoff from a jury award, arbitration agreement, or out-of-court settlement. This case group does not include wrongful death claims, or cases that were lost at trial.

Averages are calculated by adding all the payouts in a group of cases and dividing the total amount by the number of cases in the group. Unusually high payouts will skew the average higher for the group.

The final Award/Settlement Amount reflects any reductions made for shared fault. In cases with more than one plaintiff, the amount is the highest award made to a single plaintiff.

Explore average settlements and court awards for rear-end car accidents in Texas. Find actual case examples similar to yours.

Nearly 21,000 rear-end accidents per year in Texas are caused by negligent drivers who follow too closely.¹

The average settlement for a moderate rear-end collision in Texas is $38,859. Actual payout amounts ranged from $2,226 for minor soft-tissue injuries to $10,222,667 for catastrophic injuries.

Average Payouts for Texas Rear-End Collisions

We collected and analyzed a group of actual lawsuits filed in Texas courts by plaintiffs who were injured in rear-end collisions. Each plaintiff in our group received a payout from a jury award, arbitration award, or an out-of-court settlement.

Average Payout by Severity of Injury
Minor Injury	$8,951
Moderate Injury	$38,859
Severe Injury	$2,001,111
Payout Range by Type of Injury
Neck and Back Injuries	$2,226 - $652,000
Head Injuries	$11,000 - $10,222,667*

Factors Affecting Texas Rear-End Settlement Amounts

Car accident settlements are largely based on the scope and severity of the claimant’s injuries. Medical bills, lost income, out-of-pocket expenses, and an amount for the victim’s pain and suffering are included in settlement calculations.

Other factors that influence injury payouts in Texas:

• Impact Severity – Adjusters will often challenge high-dollar claims for minor injuries from low-impact accidents.
• Shared Fault – Texas is a modified comparative fault state. If you share up to half of the blame for causing the accident, you can expect a payout reduced by your percentage of fault. If you are more to blame than the other driver, you get nothing.
• Auto Policy Limits – Texas requires all drivers to carry insurance no less than $30,000 per person and $60,000 per accident bodily injury liability, and $25,000 property damage liability. The minimal limits might not be enough to cover serious injury claims.
• Uninsured/Underinsured – Texas requires insurance companies to offer uninsured and underinsured motorist coverage, but the policyholder can refuse the coverage. That means you may have no source of compensation if you are rear-ended by an uninsured driver.
• Multiple Claimants – If more than one person is seriously injured in the same accident, there may not be enough liability insurance to fully compensate all victims.
• Punitive Damages – Punitive damages in Texas are allowed when the defendant committed fraud, acted in malice, or was grossly negligent. Punitive damages are generally limited to twice the amount of economic damages awarded to the plaintiff, plus an amount equal to non-economic damages, up to $750,000.
• Commercial Policies – Most at-fault drivers have a personal auto insurance policy, with average liability limits. When the at-fault driver was operating a bus, dump truck, or some other commercial vehicle, they should be covered by a commercial liability policy. Commercial policies often have multi-million dollar limits.

Minor Injury Case Examples

Minor rear-end accident injuries include bumps, bruises, and soft-tissue soreness and stiffness. Most minor injury victims are back to normal within a few weeks and only miss a few days to a week of work.

Award to Rear-End Victim with Pre-Existing Headaches

Type of Injury: Soft tissue neck injuries; headaches
Award/Settlement Amount: $2,226
Case Summary: Plaintiff stopped for a red light. Defendant driver, misjudged the distance between their cars and struck the rear of plaintiff’s vehicle. Defendant admitted liability for the accident and the case proceeded on the issues of proximate cause and damages. Plaintiff alleged that she seriously injured her neck as a direct result of the accident and that her headaches were unrelated to preexisting migraine headaches. Defendant contended that plaintiff: did not suffer serious injuries in the accident; did not treat for her alleged headaches until two months post-accident; and did not suffer from headaches as a result of the accident, rather they were migraine headaches which preexisted the accident. Jury awarded plaintiff $2,226.
Location: Tarrant County, Texas
Case Name and Docket Number: Burns v. Carroll, 67th-268144-13

Sleeping Driver Liable for Rear-end Collision

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was driving her vehicle and had stopped at a lighted intersection when she was struck in the rear by a vehicle driven by Defendant. The significant impact knocked plaintiff’s vehicle through the intersection. Defendant admitted liability as he had fallen asleep at the wheel of his car. Plaintiff alleged that she suffered serious soft tissue neck and back injuries as a direct result of the accident. Defendant contended that plaintiff exaggerated her complaints and if she had medical problems, they were unrelated to the accident. Case settled for $5,000 prior to trial.
Location: Tarrant County, Texas
Case Name and Docket Number: Hernandez v. Farrell, 352nd-258241-12

Low-Impact Rear-End Collision Injuries Challenged

Type of Injury: Neck injuries-bulging cervical discs resulting in migraine headaches and muscle spasms; others-soft tissue neck and back injuries.
Award/Settlement Amount: $6,412
Case Summary: Defendant was stopped in front of a shopping mall, with plaintiff stopped behind him. Defendant backed into the front of plaintiff’s vehicle. This was a low impact collision. Plaintiff alleged that defendant was negligent in the operation of his vehicle. Plaintiff claimed bulging cervical discs resulting in migraine headaches and muscle spasms, as well as soft tissue neck and back injuries. Defendant admitted liability but disputed the extent of plaintiff’s injuries. He contended that the accident did not cause all the alleged symptoms or plaintiff’s neck and back condition. The case settled for $6,412.
Location: Tarrant County, Texas
Case Name and Docket Number: Iguilar v. Sopez, 48th-259484-12

Distracted Driver Causes Rear-End Crash

Type of Injury: Back injury-aggravation of preexisting lumbar condition
Award/Settlement Amount: $6,500
Case Summary: Plaintiff was driving her vehicle in traffic. Plaintiff came to a stop and was subsequently rear-ended by a vehicle driven by Defendant. This was a moderate speed accident. Plaintiff alleged that defendant caused the accident by failing to stop in time. She also argued that the impact was sufficient to cause aggravation of an underlying lumbar condition. Defendant did not vigorously dispute liability. According to defendant, she was distracted by police cars responding to an emergency. Defendant contended that plaintiff suffered from preexisting conditions which were unrelated to this accident and any complaints were not caused by this impact. The jury returned a $6,500 verdict in favor of plaintiff.
Location: Dallas County, Texas
Case Name and Docket Number: Strachan v. Patel, 192nd-12-12905

Unlicensed 14-Year-Old Liable for Rear-End Collison

Type of Injury: Soft tissue back and neck injuries; Headaches
Award/Settlement Amount: $8,025
Case Summary: Plaintiff was traveling north. Behind him was a third party. Defendant, an unlicensed 14-year-old driver, was behind the third party. Defendant was following a sport utility vehicle. The driver of that vehicle made a lane change due to the traffic ahead. Defendant could not stop and struck the rear of the third party, who was stopped at the time of impact. The collision drove the third-party car forward into the rear of plaintiff. Plaintiff treated at a chiropractic clinic for neck and back pain and headaches. Plaintiff sued defendant for motor vehicle negligence and his parents, for negligent entrustment. Defendant argued he was presented with a sudden emergency, and what happened to him would have occurred to a licensed driver. Jury awarded plaintiff $8,025 in damages.
Location: Harris County, Texas
Case Name and Docket Number: Rivera v. Lopez, 200619482

Passenger Settles Rear-End Accident Claim

Type of Injury: Soft tissue neck injury
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was a passenger in a vehicle operated by Defendant 1. They were traveling behind a car driven by Defendant. Defendant 2 stopped to make a left turn and was rear-ended by Defendant 1. Plaintiff alleged that both drivers were negligent in the operation of their vehicles. Plaintiff claimed he sustained significant neck injuries resulting in ongoing pain and limited activities because of the collision. Defendant1 contended that he was struck in the rear and pushed into the back of Defendant2’s car. Defendant2 contended that Defendant1 failed to keep a proper lookout and maintain an assured clear distance ahead. A pretrial settlement of $10,000 was reached by the parties.
Location: Angelina County, Texas
Case Name and Docket Number: Wells v. Gray, CV-00470-18-07

Rear-End Accident Victim with Pre-Existing Condition

Type of Injury: Soft tissue neck and upper back injuries
Award/Settlement Amount: $10,000
Case Summary: Plaintiff stopped for traffic at an intersection and was rear-ended by defendant. Plaintiff alleged that: defendant failed to keep a proper lookout and maintain an assured clear distance; no other vehicles were involved in the accident; and he suffered significant soft tissue neck and upper back injuries and possible herniated cervical disc because of this accident. Defendant contended that she was rear-ended by another vehicle which forced her into the rear of plaintiff’s vehicle. Also, defendant claimed that any disc herniation was the result of a preexisting degenerative disc disease. Jury found for the plaintiff in the amount of $10,000.
Location: Dallam County, Texas
Case Name and Docket Number: Seebachan v. Huffines, DC-15-09782

Rear-End Defendant Loses Counterclaim

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $10,000
Case Summary: Plaintiff alleged that the defendant driver made an improper lane change; failed to keep his vehicle in the proper lane of travel; failed to yield the right-of-way; failed to keep his vehicle under control; and failed to pay full time and attention to his surroundings. Plaintiff claimed he sustained soft tissue neck and back injuries as a direct result of this accident. Defendants denied liability and filed a counterclaim against plaintiff. Defendants contended that plaintiff caused the accident by failing to operate his vehicle in a safe manner and rear-ending the defendant’s vehicle. The jury found the defendant driver to be at fault and awarded plaintiff $ 10,000.
Location: Tarrant County, Texas
Case Name and Docket Number: O’Mejia v. Shamsher, 352nd-268704-13

Defendant Alleged Shared Blame for Rear-End Crash

Type of Injury: Soft tissue injuries to her face, neck, upper back, right knee and left thumb
Award/Settlement Amount: $11,000
Case Summary: Defendant was driving directly behind plaintiff when they collided. The impact caused plaintiff’s vehicle to spin out of control and hit a right shoulder guardrail. Defendant driver initially disputed liability, claiming plaintiff caused the accident or was contributorily negligent. By the time of trial, however, defendant admitted liability and the case proceeded on the issues of causation and damages. Plaintiff alleged defendant was exceeding the speed limit and following too closely. Plaintiff claimed she sustained bruising and soft tissue injuries to her face, neck, upper back, right knee and left thumb. Defendant contended plaintiff was not seriously injured in this accident and should have recovered in a short period of time. Plaintiff was awarded $11,000 in damages.
Location: Dallas County, Texas
Case Name and Docket Number: Garza v. Cantrell, 44th-08-14238

Award for Plaintiff Disabled by Rear-End Collison

Type of Injury: Back injury-disabling back pain
Award/Settlement Amount: $12,000
Case Summary: Plaintiff was driving his vehicle. Plaintiff alleged he was in the far right lane and was slowing for traffic in front of him when he was rear-ended by a vehicle driven by Defendant. Plaintiff claimed he suffered permanent, disabling back pain as a direct result of this impact. He argued that his injuries permanently disabled him from working as an aviation mechanic, for which he had recently graduated. Plaintiff provided expert testimony from his treating doctor to corroborate his claims. Defendant contended that plaintiff was in the second lane of travel, not the far-right lane, and contributed to this accident when he failed to maintain his lane. Defendant also maintained that plaintiff’s injuries were soft tissue in nature. A jury found for the plaintiff and returned a $12,000 verdict.
Location: Dallas County, Texas
Case Name and Docket Number: Alonzo vs. Crosby, 44th-14-14147

Verdict for Rear-End Victim with Pre-Existing Condition

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $13,000
Case Summary: Plaintiff stopped for a traffic light and was rear-ended by Defendant. Defendant admitted liability for causing the accident. The case proceeded on the issues of damages and injuries. Plaintiff alleged the impact of this accident was sufficient to cause serious soft tissue neck and back injuries. Plaintiff argued she had no prior difficulties and recovered after a period of time. She sought economic and non-economic damages. Defendant contended plaintiff likely suffered from preexisting degenerative changes which caused her complaints, or that her injuries, if any, were minor. The jury returned a $13,000 verdict for the plaintiff.
Location: Starr County, Texas
Case Name and Docket Number: Guzman v. Toliver, DC-11-84

Defendant Admits Fault, Settles Rear-End Crash

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $13,250
Case Summary: Plaintiff was a passenger in a vehicle. The vehicle slowed for traffic backed up from a traffic light and was nearly stopped when it was rear-ended by defendant motorist. Plaintiff claimed he sustained serious soft tissue neck and back injuries as a direct result of the accident. Defendant admitted he caused the accident, but disputed plaintiff’s damages. The parties settled for $13,250 after jury was picked.
Location: Tarrant County, Texas
Case Name and Docket Number: Douditski v. Lacour, CC-15-002262-2

Moderate Injury Case Examples

Moderate car accident injuries are more extensive and take longer to heal. The victim may be left with some residual impairments from simple fractures, bulging or herniated discs, brain concussions, and more serious soft-tissue injuries. Victims may be out of work for a few months, depending on the physical requirements of their job.

Knee Injury Disputed in Rear-End Accident Case

Type of Injury: Soft tissue neck and back injuries; aggravation of a pre existing knee condition
Award/Settlement Amount: $15,811
Case Summary: Plaintiff was a passenger in a vehicle. There was an accident ahead of plaintiff’s vehicle. Plaintiff’s driver came to a stop and was rear-ended by Defendant. Plaintiff, a former long-distance runner, claimed that this accident aggravated a pre-existing knee condition resulting in arthroscopic surgery. She also treated for her soft tissue neck and back injuries. Defendant did not dispute liability or plaintiff’s neck and back injury claims. However, due to a gap of several weeks between the accident and plaintiff’s knee complaints, defendant asserted that plaintiff’s knee complaints were unrelated. Defendant maintained that plaintiff’s knee condition preexisted this accident and her treatment, including surgery, was unreasonable, unnecessary, and unrelated to this accident, but ultimately agreed to a $15,811 settlement prior to trial.
Location: Tarrant County, Texas
Case Name and Docket Number: Walker v. Holloway, 348th-260591-12

Taxi Driver Rear-Ended By Speeder

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $20,000
Case Summary: Plaintiff was a taxi driver. He was in the course of his employment when he was involved in a rear-end accident with Defendant. Plaintiff alleged that defendant was speeding when he struck the rear of plaintiff’s vehicle. Plaintiff claimed both vehicles were moving at the time of impact. Plaintiff sought damages for soft tissue neck and back injuries. Defendant contended that plaintiff inexplicably stopped on the highway in the middle of the night and defendant was unable to stop in time to avoid the accident. Defendant denied he was speeding or traveling faster than plaintiff’s vehicle. Jury found in favor of plaintiff and awarded him $20,000.
Location: Bexar County, Texas
Case Name and Docket Number: Grant v. Rathbun, 3:15cv4025; 3:15-cv-04025

Rear-End Crash Forces Victim’s Car into Wall

Type of Injury: Wrist fracture in his dominant hand. Others- chest wall injury and lumbar sprains
Award/Settlement Amount: $20,300
Case Summary: Plaintiff was driving a pickup truck with his wife as a passenger. Their vehicle was struck by defendant’s vehicle from the rear, causing the plaintiffs’ car to hit the outside retaining wall. The plaintiffs’ car then crossed over the roadway and came to rest against the inside retaining wall. Plaintiff claimed a wrist fracture. He was also diagnosed with a chest wall injury and lumbar sprains. Plaintiff passenger’s claims were nonsuited prior to trial. An eyewitness testified that a black vehicle was swerving in and out of traffic and that it sped past defendant and clipped defendant’s vehicle on the right just before the accident. Defendant however said the black vehicle did not hit her. Jury returned a plaintiff verdict of $20,300.
Location: Tarrant County, Texas
Case Name and Docket Number: Pumue v. Phannenstiel, 2015-007323-1

Jury Award to Rear-End Victim with Pre-Existing Injuries

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $35,000
Case Summary: Plaintiff slowed in heavy traffic. Defendant driver failed to stop in time to avoid striking plaintiff’s vehicle from the rear. Plaintiff had a history of back injuries, but argued that this accident was the direct cause of new neck and back injuries. Plaintiff claimed that the treatment she received for her new injuries was both reasonable and necessary. She also argued that her lost wages were reflective of the time necessary to recover from her injuries. Defendants admitted liability for causing the accident but disputed the nature and extent of plaintiff’s injuries. Defendants argued that plaintiff’s chiropractic treatment was excessive, and her lost wages were unreasonable. The jury returned a verdict for plaintiff in the amount of $35,000.
Location: Dallas County, Texas
Case Name and Docket Number: Hymon v. Sampson, DC-16-04398

Concrete Truck Rear-Ends Victim’s Vehicle

Type of Injury: Wrist injury-scapholunate ligament tear in his left wrist
Award/Settlement Amount: $36,061
Case Summary: Plaintiff was pulling a flatbed trailer loaded with equipment for his job. When traffic ahead of him slowed down, plaintiff applied his brakes. He was then rear-ended by a concrete truck driven by defendant, who was driving within the course and scope of his employment with defendant 2. Plaintiff did not seek medical care the day of the accident. However, 10 weeks later, because there was lingering pain in his left wrist, he sought out a physician. He was diagnosed with a scapholunate ligament tear in his left wrist. His past medical costs came to $21,061.22. The defendants stipulated to liability. The jury returned a verdict for plaintiff and awarded him $36,061.22.
Location: Harris County, Texas
Case Name and Docket Number: Reddehase v. Williams, 2008-18365

Parties Settle Disputed Rear-End Accident Case

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $41,560
Case Summary: Plaintiff was rear-ended in traffic by Defendant at approximately 30 to 35 mph. Defendant claimed plaintiff backed into his car. Plaintiff alleged defendant was negligent in failing to maintain an assured clear distance ahead and keep a proper lookout. He claimed he sustained soft tissue neck and back injuries that required pain injections and were disabling. Defendant contended plaintiff drove into the intersection, stopped, and then backed into his vehicle. Defendant argued that plaintiff was the sole cause of the accident and disputed his injuries, which he claimed were preexisting. Defendant maintained that plaintiff continued to work after the accident and was not disabled. The parties settled the matter for $41,560 prior to trial.
Location: Tarrant County, Texas
Case Name and Docket Number: Ashford v. Griggs, 348th-239390-09

Rear-End Victim Wins Binding Arbitration Award

Type of Injury: Soft tissue neck and low back injuries; others-plantar fasciitis of the foot
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was rear-ended by Defendant. Defendant claimed that a sudden, blinding thunderstorm occurred which obscured her vision. Plaintiff alleged that defendant was driving too fast for conditions and following too closely, thereby causing this accident. She claimed the impact was sufficient to cause serious neck and back injuries, as well as plantar fasciitis, which required surgery. Plaintiff argued that she had ongoing foot problems. Defendant contended that she was faced with a sudden emergency caused by the blinding rain. She denied driving too fast for conditions or following too closely. Defendant maintained that plaintiff had preexisting foot problems and that her complaints were unrelated to the accident. The parties agreed to binding arbitration which resulted in a $50,000 award for plaintiff.
Location: Dallas County, Texas
Case Name and Docket Number: Medlock v. Martinez, DC-15-00995

Rear-End Crash In Construction Zone with Flagger

Type of Injury: Back injury-protruding lumbar disc
Award/Settlement Amount: $56,000
Case Summary: Plaintiff was driving near a construction site. He stopped for a flagger at the site and was rear-ended by Defendant. There was no dispute over details of the accident as defendant admitted liability. Plaintiff alleged he sustained a protruding lumbar disc as a direct result of the accident. Plaintiff maintained that he initially treated the injury as a back sprain, but the bulging disc was diagnosed 1.5 years later. Defendant contended that plaintiff may have suffered a soft tissue injury, but it resolved after six weeks. He asserted that plaintiff’s continuing complaints were not related to this accident, noting that the bulging disc was not diagnosed until nearly two years post-accident. Jury awarded plaintiff $56,000 verdict after deliberating 80 minutes.
Location: Fort Bend County, Texas
Case Name and Docket Number: Bulan v. Graves, 15-DCV-223725

Hit-and-Run Rear-End Driver Found Liable

Type of Injury: Back injury-soft tissue lumbar injury
Award/Settlement Amount: $75,000
Case Summary: Plaintiff was driving through the post office parking lot when her car was rear-ended by Defendant. Defendant, who claimed she did not realize she had struck plaintiff’s vehicle, left the scene of the accident. Plaintiff claimed she sustained a soft tissue lumbar injury because of the collision. Plaintiff sought treatment from an orthopedist who prescribed physical therapy. She also sought treatment from her family doctor and a neurosurgeon. She claimed continuing back pain and argued that her injuries contributed to her subsequent divorce. Defendant disputed that the accident occurred, but argued that, if she did strike plaintiff’s vehicle, it was a minor accident and plaintiff was not injured. A jury awarded plaintiff $75,000 after deliberating 1.5 hours.
Location: Harris County, Texas
Case Name and Docket Number: Hunter v. Sundberg, 201167914

Severe Injury Case Examples

Severe rear-end collision victims may sustain multiple injuries from high-impact crashes, or crashes involving exceptionally large or heavy vehicles. Severe injuries include traumatic brain inquiries, serious neck and back injuries, spinal cord injuries, and more. Victims may be partially to totally disabled and some are never able to return to the jobs they held before the crash.

Serious Shoulder Injury from Low-Impact Rear-End Collision

Type of Injury: Shoulder injury-two partial rotator cuff tears; Soft tissue neck injuries
Award/Settlement Amount: $117,000
Case Summary: Defendant was operating her vehicle directly behind plaintiff. Plaintiff alleged that her vehicle was bumped by defendant’s car in traffic. Plaintiff sought treatment for neck and shoulder pain three days later. Thereafter, plaintiff underwent physical therapy, multiple diagnostic and palliative injections and physical medicine management with low results. Three years after the collision, an MRI revealed at least two partial rotator cuff tears and plaintiff underwent surgery. Plaintiff attributed these injuries to this accident. Defendant disputed that an impact occurred. Defendant argued that, even if there was contact, the impact would not have been significant enough to cause any injuries other than a minor sprain/strain. A jury found for the plaintiff and awarded her $117,000.
Location: Tarrant County, Texas
Case Name and Docket Number: Reese v. Thomas, 141-272720; 141-272720-14

At-Fault Rear-End Driver Disputes Victim’s Need for Surgery

Type of Injury: Shoulder injury-rotator cuff tear; Soft tissue back and neck injuries
Award/Settlement Amount: $265,000
Case Summary: Plaintiff stopped for a stop sign. While stopped, he was rear-ended by a vehicle driven by Defendant. Plaintiff alleged he sustained a serious shoulder injury (rotator cuff tear) and soft tissue neck and back injuries, as a direct result of this accident. He acknowledged a prior torn labrum for which he had undergone surgical repair 1.5 years earlier. However, he argued that the rotator cuff tear was a new injury and was unrelated to the prior shoulder injury. Plaintiff treated his injury conservatively with physical therapy but later underwent surgery. Defendant admitted liability, but disputed the nature and extent of the injury, as well as damages. Defendant maintained that plaintiff should have recovered without the need for surgery. The jury awarded plaintiff $265,000 in damages.
Location: Cameron County, Texas
Case Name and Docket Number: Alonso v. Castro, 2006-07-3214

Drunk Driver Admits Liability for Rear-End Collision

Type of Injury: Soft tissue cervical (back) and thoracic (back) injuries
Award/Settlement Amount: $300,000
Case Summary: Plaintiff stopped for a stop sign and was rear-ended by Defendant. The force of impact pushed plaintiff’s vehicle forward 15 feet. Defendant, who had a blood alcohol content of .18 at the time of the accident, admitted liability for causing the accident. The case proceeded on the issues of causation and damages. Plaintiff claimed soft tissue cervical and thoracic injuries. Plaintiff required emergency room treatment, followed by orthopedic treatment, pain management and physical therapy. Defendant contended that plaintiff’s injuries preexisted this accident, as she had prior degenerative disc disease. Defendant maintained that this accident did not cause disruption of plaintiff’s active lifestyle. The jury returned a verdict of $300,000 for plaintiff.
Location: Bexar County, Texas
Case Name and Docket Number: Rodriguez v Corsa Transportes, 5:17-cv-255

Debilitating Injury from Multi-Car Rear-End Crash

Type of Injury: Shoulder injury-soft tissue shoulder injury and post-traumatic brachial plexus neuropathy with debilitating pain
Award/Settlement Amount: $450,000
Case Summary: Plaintiff crested a hill and noticed traffic stopped ahead. He came to a stop and was subsequently rear-ended by the vehicle directly behind him. The accident was allegedly caused when defendant, who was 3 or 4 cars behind plaintiff, rear-ended the vehicle in front of him, causing a chain reaction. Defendant eventually admitted liability for the accident. Plaintiff suffered soft tissue shoulder injury and post-traumatic brachial plexus neuropathy with debilitating pain which required a denervation procedure to block the pain. Plaintiff continued to walk hunched over due to the injury and was unable to return to work. Defendant disputed plaintiff’s injury, pointing out that the injury did not appear on any diagnostic testing. Jury awarded plaintiff $450,000.
Location: Harris County, Texas
Case Name and Docket Number: Major v Mercer Controls, Inc, 2016-51298

Passenger Injured in Rear-End Collision with Tractor-Trailer

Type of Injury: Back injury-chronic back pain
Award/Settlement Amount: $652,000
Case Summary: Plaintiff was a passenger in a vehicle operated by Defendant 1. A tractor-trailer owned by Defendant2 was parked on the road. Defendant 1 rear-ended the tractor-trailer. After the accident, plaintiff underwent two years of medical treatment for chronic back pain. She claimed her injuries were caused by the rear impact collision. Plaintiff alleged that Defendant2’s driver violated zoning regulations which prohibited parking commercial vehicles in a residential zone and that Defendant1 was negligent in failing to maintain a proper lookout. Defendant2 contended that Defendant1 had adequate room to pass the tractor-trailer and that Defendant1’s negligence was the proximate cause of the collision. Defendant1 contended that the accident would not have occurred if the truck had not been parked on the road. Case settled after the jury was picked for $652,000.
Location: Bexar County, Texas
Case Name and Docket Number: Davis v. Aggregate Haulers, 2011-CI-18069

Tractor-Trailer Rear-End Crash Sends Victim’s Car Rolling

Type of Injury: Knee injury-a fractured knee; others-body bruising and a closed head injury
Award/Settlement Amount: $10,222,667
Case Summary: Plaintiff was a passenger in a vehicle when a tractor-trailer truck rear-ended her vehicle. Plaintiff’s vehicle rolled three times. Plaintiff and her driver had to be cut out of the car and were transported by air to a hospital. Plaintiff sustained a fractured knee, body bruising and a new closed head injury. The tractor-trailer was owned by defendant and operated by one of its employees. Plaintiff alleged that defendant’s driver was 100% responsible for this accident. Plaintiff acknowledged she suffered from a prior brain injury when she was involved in another truck/SUV accident, while defendant maintained that plaintiff’s condition was not substantially different after this accident. Jury returned a verdict in favor of plaintiff in the amount of $7,953,000, plus interest for a total verdict of $10,222,667.
Location: Jackson County,Texas
Case Name and Docket Number: Arredondo v. Neely, 1610-15257

Methodology

We researched and analyzed real Texas car accident cases resulting from rear-end collisions. Some cases were settled out of court, some went through arbitration, and some cases went to trial and won a jury award. Our group of cases did not include wrongful death claims, or cases that were lost at trial.

Averages are calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group. Exceptionally high awards will skew the average higher for the group.

Explore average settlements and court awards for rear-end car accidents in Florida. Find actual case examples similar to yours.

More than 150,000 rear-end accidents happen annually in Florida because of drivers following too closely, resulting in more than 50,000 injuries.¹

The average settlement for a moderate rear-end collision in Florida is $41,344. Actual payout amounts ranged from $266 for minor soft-tissue injuries to $6,400,000 for very serious injuries.

Average Payouts for Florida Rear-End Collisions

We collected and analyzed a group of actual lawsuits filed in Florida courts by plaintiffs injured in rear-end collisions.

Average Payout by Severity of Injury
Minor Injury	$6,142
Moderate Injury	$41,344
Severe Injury	$1,500,320
Payout Range by Type of Injury
Neck and Back Injuries	$266 - $6,400,000
Head Injuries	$14,034 - $600,000

Factors Affecting Florida Rear-End Settlement Amounts

Florida is a no-fault state. Most injury claims are covered by Personal Injury Protection (PIP) which will cover 80 percent of medical costs and 60 percent of lost wages. There is no coverage under PIP for non-economic damages like pain and suffering.

Other factors that influence injury payouts in Florida:

• No-Fault Threshold – Insurance companies will vigorously challenge victims who claim to have permanent or disabling soft-tissue injuries after a minor car accident.
• Shared Fault – Florida is a pure comparative fault state. This means you can file an injury claim even when you are partially to blame for your injuries. Your payout will be reduced according to your portion of fault.
• Auto Policy Limits – Florida requires all drivers to carry $10,000 in Personal Injury Protection (PIP) and Property Damage Liability (PDL) coverage. Florida does not mandate bodily injury liability coverage.
• Uninsured/Underinsured – Florida does not require Uninsured/Underinsured Motorist coverage. If you don’t have UM/UIM coverage, you may not be fully compensated for serious injuries caused by a driver with little or no insurance.
• Multiple Claimants – When multiple people are injured in the same accident, there may not be enough insurance money to fully compensate everyone.
• Punitive Damages – Punitive damages in Florida can only be awarded when a court finds the defendant guilty of intentional misconduct or gross negligence. Awards are limited to three times the compensatory damages, or $300,000, whichever is higher.
• Commercial Policies – When the negligent party owned or was driving a commercial vehicle, like a tractor-trailer, higher insurance limits are available for severe injuries. Commercial liability policies often have million-dollar limits.

Minor Injury Case Examples

Minor injuries from a car accident are often soft-tissue injuries, like cuts, bruises, muscle sprains or strains, and stiffness. Most minor injury victims are back to normal within a few weeks and only miss a few days to a week of work.

Small Award for Rear-End Accident Injuries

Type of Injury: Soft tissue neck and back injuries; Aggravation of ganglion cyst on left wrist
Award/Settlement Amount: $266
Case Summary: Plaintiff was making a left turn into a parking lot when Defendant rear-ended Plaintiff’s vehicle. Defendant alleged that Plaintiff did not have blinker or brakes on at the time of the accident, and the turning arrows were for right only, not for left. Plaintiff claimed he suffered neck and back soft tissue injuries; and ganglion cyst on left wrist, requiring surgery. Plaintiff acknowledged he was in a prior accident and was being treated for the ganglion cyst at the time of this accident. The jury found that Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of this accident. The jury further determined that plaintiff’s damages totaled $265.76.
Location: Palm Beach County, Florida
Case Name and Docket Number: Joseph v. Beard, 00-10071 AO

Rear-End Accident Victim in Later Crash

Type of Injury: Soft tissue neck and shoulder injuries
Award/Settlement Amount: $2,000
Case Summary: Defendant1 operated a vehicle owned by Defendant2 at an intersection when he rear-ended Plaintiff’s vehicle. Plaintiff claimed he suffered soft tissue neck and shoulder injuries. Defendants admitted liability, but disputed causation and damages. Defendants argued that plaintiff was involved in another motor vehicle accident three days later. Defendants further contended that any of plaintiff’s injuries were causally related to the subsequent accident. The jury found in favor of Plaintiff in the amount of $2,000. Plaintiff’s Motion for New Trial and Motion for Additur were denied.
Location: Sarasota County, Florida
Case Name and Docket Number: Caldwell v. Save-On Enterprises, 2003-CA-9025

Minor Impact Rear-End Crash with Unrelated Injuries

Type of Injury: Hand injury-bilateral carpal tunnel syndrome on right hand and left hand; Others- laceration to back of scalp requiring seven stitches; soft tissue injury to neck; vertigo; and concussion
Award/Settlement Amount: $2,294
Case Summary: Defendant1 was operating a vehicle owned by Defendant 2 when she rear-ended Plaintiff’s vehicle at an intersection. Defendants alleged this was a minor rear-end impact. Liability was admitted. Plaintiff claimed he suffered bilateral carpal tunnel syndrome which required surgery on right hand and left-hand surgery was recommended; laceration to back of scalp requiring seven stitches; soft tissue injury to neck; vertigo; and concussion. Defendants alleged that Plaintiff was involved in prior accidents and that the carpal tunnel syndrome was not related to this accident. The jury found that Plaintiff did not suffer a permanent injury, awarding plaintiff $2,294.
Location: Dade County, Florida
Case Name and Docket Number: Maria v. Torrent, 98-1567 CA 03

Victim Settles Rear-End Accident Claim for Soft-Tissue Injuries

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $4,229
Case Summary: A vehicle operated by Defendant rear-ended Plaintiff’s vehicle, which was stopped for the traffic light at the intersection. Defendant admitted liability and the case proceeded to trial on issues of causation and damaged. Plaintiff claimed he suffered soft tissue injuries to neck and back. Defendant alleged that Plaintiff was never treated for low back pain or lumbar spine problems relating to this accident. Defendant argued that Plaintiff’s medical records indicated neck and back complaints arising from a prior motor vehicle accident and complaints to the Veterans Administration relating to Plaintiff’s low back pain to an altered gait because of previous surgery to the left foot for the removal of a benign tumor. The parties subsequently reached a settlement for $4,228.51.
Location: Seminole County, Florida
Case Name and Docket Number: Davis v. Maise, 07-CA-3746-08-L

Dog Blamed for Rear-End Collision

Type of Injury: Soft tissue neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $4,440
Case Summary: Plaintiff applied her brakes and came to a sudden stop when a dog ran in front of her vehicle, causing Defendant’s vehicle to rear-end Plaintiff’s vehicle. The name of the dog’s owner was unknown. Plaintiff contended that defendant was negligent for following too closely and speeding. Defendant alleged that a dog running out into the street is something a defensive driver should be aware of, and therefore Plaintiff was partially responsible for the collision. Defendant further alleged that the owner of the dog should also be held partially responsible for the collision. Plaintiff suffered soft tissue neck injury. The jury found that Plaintiff did not suffer a permanent injury because of this accident. The jury awarded $4,440 to Plaintiff.
Location: Duval County, Florida
Case Name and Docket Number: Bruce v. Morton, 00-01814-CA

Drivers Share Fault for Rear-End Crash

Type of Injury: Back injury-extrusion of disc at L5-S1 and Grade II lumbosacral; Neck injury- cervical sprain, bulging discs at C3-C4 and C5-C6
Award/Settlement Amount: $4,500
Case Summary: Plaintiff stated that she was stopped for traffic waiting for a vehicle ahead of her to make a right turn into a restaurant drive-thru when her vehicle was rear-ended by a vehicle operated by Defendant. Defendant alleged that he was attempting to make a left turn at the entrance to a Home Depot adjacent to the restaurant drive-thru when Plaintiff’s vehicle rolled backward down the graded slope entrance toward defendant’s vehicle. Plaintiff suffered extrusion of disc at L5-S1; Grade II lumbosacral and cervical sprain; and bulging discs at C3-C4 and C5-C6. Defendants alleged that Plaintiff’s continuing treatment and complaints were related to a previous lumbar injury and injuries sustained in a subsequent accident. Jury found plaintiff’s negligence: 50%; Defendant’s Negligence: 50%. Plaintiff received net award of $4,500.
Location: Hillsborough County, Florida
Case Name and Docket Number: Houston v. Valdez, 99-01740

No Permanent Injury from Rear-End Accident

Type of Injury: Soft tissue injuries to neck and back; aggravation of arthritis in the knee
Award/Settlement Amount: $4,868
Case Summary: Plaintiff was operating his vehicle at an intersection. Plaintiff was stopped for the red light when his vehicle was rear-ended by Defendant. Liability was admitted. Plaintiff suffered soft tissue injuries to neck and back, primarily the neck, and aggravation of arthritis in the knee. Defendant contended that plaintiff’s injuries were preexisting and unrelated to this accident. The jury found that Plaintiff suffered no permanent injury because of this accident. The jury award $4,867.76 to Plaintiff.
Location: Palm Beach County, Florida
Case Name and Docket Number: Brennen v. Brown, CL 99-5293 AE

Drivers Equally Negligent for Rear-End Accident

Type of Injury: Soft tissue neck and back injuries; Knee injury-torn medial meniscus
Award/Settlement Amount: $5,965
Case Summary: Defendant rear-ended Plaintiff’s motor vehicle at an intersection. Defendant alleged that Plaintiff stopped suddenly and made a left turn from the center lane, causing the collision. Plaintiff contended that defendant failed to yield the right of way and was to blame for the accident. Plaintiff claimed he suffered a torn medial meniscus for which surgery was recommended, as well as neck and back soft tissue injury. The jury determined that both parties were equally at fault for the accident (Plaintiff’s Negligence: 50%; Defendant’s Negligence: 50%). The jury also found that Plaintiff did not suffer a permanent injury because of this accident. Plaintiff received a net verdict of $5,965.
Location: Miami-Dade County, Florida
Case Name and Docket Number: Osme v. Jackson, 96-26289 CA 15

Defendant Disputed the Cause of Rear-End Crash

Type of Injury: Neck Injuries-Aggravation of pre-existing mild anterior herniated disc at C3-C4, chronic anterior herniated disc at C4-C5, chronic anterior herniated disc with well-developed osteophytes at C5-C6 and protruding disc at C6-C7.
Award/Settlement Amount: $9,440
Case Summary: As Plaintiff proceeded forward on the green light, her vehicle was rear-ended by a vehicle that had been pushed into Plaintiff’s vehicle by a vehicle operated by Defendant 1 and owned by Defendant 2. Defendant1 alleged that an unknown driver of a box truck unexpectedly changed lanes in front of his vehicle, causing defendant1 to switch to the far-right lane and rear-end the vehicle that rear-ended Plaintiff’s vehicle. Plaintiff claimed he suffered an aggravation of his pre-existing neck condition. Plaintiff’s doctor opined that the herniation at C3-C4 occurred at a different time than the other pre-existing findings but acknowledged that he could not determine the age of Plaintiff’s findings. Defendants admitted liability, but disputed damages and causation. Jury awarded $9,440.06 to Plaintiff.
Location: Seminole County, Florida
Case Name and Docket Number: Hardy v. Tapia, 05-CA-1533-08

Plaintiff Declines Rear-End Crash Settlement for Whiplash

Type of Injury: Soft tissue neck injury; whiplash
Award/Settlement Amount: $9,511
Case Summary: Defendant tried to pass Plaintiff’s vehicle in the inside lane. At this time, Defendant saw another vehicle approaching and swerved back into Plaintiff’s lane, striking Plaintiff’s vehicle in the rear. Plaintiff’s vehicle had to be towed from the scene. Defendant admitted liability for causing the accident. Plaintiff sustained soft tissue neck injury, whiplash. Defendant offered $1,475 to settle prior to suit and made a Proposal for Settlement of $4,900 shortly before trial. Plaintiff did not accept any of the offers. The jury found that Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of this accident. The jury awarded plaintiff $9,511.31. Defendant’s Motion for New Trial was denied.
Location: Leon County, Florida
Case Name and Docket Number: Dickey v. Perkins, 06-CA-0772

Low-Impact Rear End Collision Award

Type of Injury: Neck and mid-back pain and stiffness with headaches
Award/Settlement Amount: $10,573
Case Summary: Plaintiff was the operator of a vehicle traveling eastbound on Road A. At the same time and place, Defendant1 was the permissive operator of a vehicle owned by Defendant 2. Plaintiff’s vehicle was stopped when Defendant’s vehicle struck the rear of Plaintiff’s vehicle. Defendant admitted negligence in causing the accident. Plaintiff claimed he suffered headaches, neck and mid-back pain and stiffness. Defendants contended that the low-speed impact was too minor to cause the alleged injuries. Defendants further alleged that Plaintiff’s injuries were soft tissue in nature. The jury found that Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of the accident and awarded him $10,572.58 (past medical expenses).
Location: Duval County, Florida
Case Name and Docket Number: Baker v. Sudak, 2007-009054-CA

Injuries Disputed After Low-Impact Rear-End Collision

Type of Injury: Soft tissue neck injury
Award/Settlement Amount: $10,860
Case Summary: Plaintiff was approaching the exit ramp, as he slowed to make the exit, defendant rear-ended plaintiff’s vehicle. Plaintiff claimed he suffered neck soft tissue injury. Defendant admitted liability but disputed the nature and extent of plaintiff’s alleged injury and damages. The jury found that the plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of this accident. The jury awarded plaintiff $10,860.30.
Location: Broward County, Florida
Case Name and Docket Number: Berliner v. Paller, 01-6498 09

39 Feet of Skid Marks Before Rear-End Crash

Type of Injury: Soft tissue neck injury; contusion of chest wall; and aggravation of previous brain injury
Award/Settlement Amount: $10,902
Case Summary: Defendant was operating a vehicle with the consent and knowledge of his father. Plaintiff was traveling north, when she stopped to wait for traffic to clear so she could take a left turn into a parking lot. Defendant stated he momentarily looked away and did not realize Plaintiff had stopped. The defendant attempted to go around Plaintiff on the right but failed and collided with the rear of Plaintiff’s vehicle. It was determined that Defendant left thirty-nine feet of skid marks in his attempt to stop. Defendant had been in a series of accidents and had been given seven traffic tickets in the past three years. Plaintiff suffered cervical strain, contusion of chest wall, and aggravation of previous brain injury. The jury determined that plaintiff’s damages totaled $10,902.
Location: Lee County, Florida
Case Name and Docket Number: Parsley v. Durling, 99-1762-CA

Moderate Injury Case Examples

Moderate car accident injuries can take weeks or months to heal and the victim may suffer residual effects.

Moderate rear-end crash injuries may include bulging or herniated discs, brain concussions, simple fractures, and extensive soft-tissue injuries. Victims may be out of work for a few months, depending on the physical requirements of their employment.

Award to Rear-End Victim with Prior Injuries

Type of Injury: Head injury-a mild head injury with brief loss of consciousness; others-broken rib; injuries to mid and low back, neck, both shoulders, left eye, left wrist, and left ankle; frequent headaches
Award/Settlement Amount: $14,034
Case Summary: Plaintiff was approaching an intersection when he slowed down and came to a stop at the intersection to allow a vehicle in front of him to turn into a private driveway. After the vehicle completed the turn, and before Plaintiff could proceed forward, Plaintiff’s vehicle was rear-ended by a vehicle operated by Defendant 1 and owned by Defendant 2. Defendants admitted liability but disputed causation and permanency. Plaintiff claimed a mild head injury with brief loss of consciousness; broken rib; injuries to mid and low back, neck, both shoulders, left eye, left wrist, and left ankle; and frequent headaches. Defendants alleged that Plaintiff’s medical records revealed medical treatment for a prior motor vehicle accident. The jury returned a plaintiff verdict for $14,034.21.
Location: Orange County, Florida
Case Name and Docket Number: Jackson v. Bradley, 06-CA-9696-37

Rear-End Plaintiff with Prior Fall Accident

Type of Injury: Neck injury-herniated disc at C5-C6; Aggravation of herniation to lower back
Award/Settlement Amount: $20,367
Case Summary: Defendant rear-ended Plaintiff’s vehicle at a stop light. Plaintiff claimed an aggravation of herniation to lower back and herniated disc at C5-C6. Defendant admitted liability but denied causation. Plaintiff was taken by ambulance to Hospital and was treated and released. Plaintiff’s treating physician recommended facet block injections to the neck in a hospital setting. Plaintiff however did not receive the injections due to insurance plan issues. Plaintiff acknowledged he was previously injured in a fall incident which caused the herniation to lower back. Defendant contended that Plaintiff’s neck condition preceded this motor vehicle accident and that she did not suffer a new injury or permanent injury from this accident. The jury found that Plaintiff did not sustain a permanent injury as a result of this accident, awarding $20,367 to Plaintiff.
Location: Miami-Dade County, Florida
Case Name and Docket Number: Marshall v. Goodman, 03-15388 (CA 15)

Improper Lane Change Results in Rear-End Collision

Type of Injury: Back injury-a moderate left foraminal disc herniation at L4-L5; mild disc herniation at L1-L2; minor disc desiccation at L1-L2, L2-L3, and L3-L4; moderate disc narrowing and disc desiccation at T11-T12 and T12-L1
Award/Settlement Amount: $26,155
Case Summary: Defendant made an improper lane change, cutting in front of Plaintiff and causing Plaintiff’s vehicle to strike the rear-end of Defendant’s vehicle. Defendant admitted liability, and trial proceeded as to causation and permanency of Plaintiff’s injuries. Plaintiff claimed he suffered a moderate left foraminal disc herniation at L4-L5; mild disc herniation at L1-L2; minor disc desiccation at L1-L2, L2-L3, and L3-L4; moderate disc narrowing and disc desiccation at T11-T12 and T12-L1. He underwent a left lateral discectomy and laminectomy at L4-L5. Defense expert characterized the finding at L4-L5 as a bulging disc and opined that all findings of the lumbar spine were degenerative in nature and related to pre-existing conditions. The jury awarded plaintiff $ 26,155.15.
Location: Pinellas County, Florida
Case Name and Docket Number: Linthicum v. Justus, 05-2852-CI-8

Teen Girl Permanently Injured in Rear-End Crash

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $29,999
Case Summary: Plaintiff was an unbelted back-seat passenger in a vehicle owned by Defendant 1 and operated by Defendant 2. Plaintiff and defendant2 were driving to school with three other teenage girls. While attempting to merge, Defendant2 rear-ended a pickup truck that was stopped in the merge lane due to morning rush hour traffic. Plaintiff suffered soft tissue injuries to her neck and back. Plaintiff’s treating physician opined that Plaintiff had suffered a permanent soft tissue injury to her neck because of the motor vehicle accident and assigned her a 5% permanent impairment rating. Liability was admitted. However, defendants contested the threshold (permanency) issue, arguing that the jury could disregard all experts’ opinions. The trial judge granted a direct verdict on the threshold issue. The jury awarded plaintiff $29,999.20.
Location: Pinellas County, Florida
Case Name and Docket Number: Schroeder v. Becker, 98-5825-CI-21

Rear-End Crash Victim with Pre-Existing Conditions

Type of Injury: Neck injury-Herniated disc at C4-C5; emotional distress
Award/Settlement Amount: $30,594
Case Summary: Plaintiff came to a stop at a red traffic light, he was then rear-ended by a vehicle operated by Defendant’s employee. Defendants admitted that the negligence of defendant driver caused the accident but denied Plaintiff’s damages. Plaintiff claimed he suffered a herniated disc at C4-C5 which required spinal cord decompression surgery and emotional distress. Defendants argued that Plaintiff’s injuries were pre-existing, noting degenerative changes in his cervical spine as shown in an x-ray taken the day of the accident, as well as an MRI scan taken the following month, showing degenerative disc disease at C3-C4, C5-C6, and C6-C7 levels. The jury returned a plaintiff verdict for $30,593.80.
Location: Broward County, Florida
Case Name and Docket Number: Morse v. Broward County Board of County Commissioners, 03-9762 12

Medical Expenses Awarded to Rear-End Crash Victim

Type of Injury: Soft tissue injuries to neck and low back
Award/Settlement Amount: $32,463
Case Summary: Plaintiff was a passenger in a vehicle operated by her daughter. Plaintiff’s vehicle was stopped at an intersection. Defendant1 was the owner of a vehicle driven by Defendant 2, rear-ended Plaintiff’s vehicle. Defendant did not admit liability, but alleged this was a minor impact. There was no damage to Defendant’s vehicle, and $300 damage to Plaintiff’s vehicle. Plaintiff suffered soft tissue injuries to neck and low back. Defendants alleged these were pre-existing conditions as Plaintiff had significant degenerative changes in her spine. Prior to this accident, Plaintiff had been involved in two accidents and four falls. Defense Expert testified Plaintiff had significant changes in the spine. Plaintiff made no claim for lost wages. The jury awarded plaintiff $32,462.60 ($ 22,462.60-past medical expenses; $10,000 future medical expenses.)
Location: Palm Beach County, Florida
Case Name and Docket Number: Gomez v. Gribkoff, 95-9951 AJ

Defendant Disputes TMJ Related to Rear-End Accident

Type of Injury: Soft tissue neck and shoulder injury; headaches; and bilateral TMJ disc displacement
Award/Settlement Amount: $38,298
Case Summary: Defendant failed to observe Plaintiff’s vehicle stopped in front of him, slammed on his brakes, and rear-ended Plaintiff’s vehicle, pushing it into the vehicle in front of it, resulting in a four-vehicle collision. Plaintiff suffered neck and shoulder pain; headaches; and bilateral TMJ disc displacement. Plaintiff was scheduled to undergo bilateral TMJ surgery within two weeks of trial. Defendant contended that the TMJ dysfunction was not related to this accident. The jury found for the plaintiff in the amount of $38,298. Per Counsel, plaintiff had rejected Defendant’s settlement offer of $50,000 policy limits.
Location: Pinellas County, Florida
Case Name and Docket Number: Obstaculo v. Silkie, 01-1377-CI-21

Employee Driver Liable for Rear-End Crash

Type of Injury: Soft tissue back injury
Award/Settlement Amount: $48,300
Case Summary: Defendant1 owned a motor vehicle that was operated by its employee, Defendant 2. Plaintiff had slowed down behind other vehicles when she was rear-ended by Defendant’s vehicle. Negligence was admitted by defendant 2. Plaintiff suffered soft tissue back injury. Plaintiff acknowledged she had a degenerative neck condition, which she argued was asymptomatic before the accident. Defendants’ and Plaintiff’s attorneys had entered into a high-low agreement for $ 2,500 -$ 50,000. Jury returned a plaintiff verdict for $48,300 for Plaintiff ($12,800 – past medical expenses; $3,000 – future medical expenses; $4,500 past lost earnings; $3,000 – future lost earning ability; $5,000 – past pain and suffering; $20,000 – future pain and suffering.)
Location: Palm Beach County, Florida
Case Name and Docket Number: Ferguson v. Ingoglia, 99-7223 AF

Rear-End Accident Defendant Challenges Victim’s Treatment

Type of Injury: Neck and back injury-a cervical and thoracic sprain/strain
Award/Settlement Amount: $69,577
Case Summary: Plaintiff exited a ramp off an interstate and came to a complete stop when his vehicle was rear-ended by defendant, who was issued a citation for failure to use due care special hazards. Plaintiff suffered a cervical and thoracic sprain/strain. In addition to taking medications for his pain, Plaintiff underwent chiropractic care; acupuncture; cervical epidural steroid injections; Botox injections; rhizotomy procedures; and a dorsomedial branch block. Defendant admitted liability but contented that plaintiff’s treatment was excessive. The jury found the amount of damages sustained by Plaintiff to be $6,577.14-past medical expenses; $48,000-present value of future medical; $5,000-past pain and suffering; $10,000-future pain and suffering.
Location: Santa Rosa County, Florida
Case Name and Docket Number: Franklin v. Fiegier, 2006-33-CA

Serious Foot Injury from Rear-End Collision

Type of Injury: Foot injury-Rupture of right plantar fascia causing plantar fasciitis
Award/Settlement Amount: $70,000
Case Summary: Plaintiff was traveling east when his vehicle was rear-ended by a vehicle operated by Defendant. Defendant alleged that a phantom vehicle rear-ended her vehicle causing it to rear-end Plaintiff’s vehicle. Plaintiff underwent a fasciotomy which revealed a small tear of the plantar fascia in his right foot. Defendants disputed the causation of Plaintiff’s injury based on Plaintiff’s x-rays which revealed the presence of a small spur on the heel bone, consistent with chronic plantar fasciitis. Defendant’s expert opined that Plaintiff’s plantar fasciitis was a long-standing problem due to Plaintiff’s active running/jogging regimen. The jury found that no phantom vehicle was involved in this motor vehicle accident. The jury further found that Plaintiff sustained a significant and permanent scarring as a result of this accident, awarding $70,000 to plaintiff.
Location: Pinellas County, Florida
Case Name and Docket Number: Wells v. Wilson, 03-002704-CI-11

Trucker Liable for Chain Rear-End Collision

Type of Injury: Head injury-traumatic brain injury and post-traumatic concussion syndrome; others-painful back and neck spasms; migraine headaches; vertigo; and memory loss
Award/Settlement Amount: $75,000
Case Summary: Defendant was in a truck owned when he collided with the rear of Plaintiff’s vehicle. The rear impact forced plaintiff’s vehicle forward and into a boat trailer that was being pulled by a vehicle stopped in front of him. Defendant asserted that the vehicle in front of plaintiff had stopped to turn left into a gas station, resulting in plaintiff stopping suddenly and without warning. Damage to Plaintiff’s vehicle totaled $7,206.10. Plaintiff claimed he suffered traumatic brain injury; post-traumatic concussion syndrome; painful back and neck spasms; migraine headaches; vertigo; and memory loss. Defendant admitted liability, and ultimately settled the claim for $75,000.
Location: Santa Rosa County, Florida
Case Name and Docket Number: Prybylski v. General Parts, Inc., 99-1401

Severe Injury Case Examples

Severe car accident victims often sustain multiple injuries with some level of permanent disability. Injuries can include traumatic brain damage, complicated fractures to multiple bones, degloving injuries, and serious neck and back injuries.

Seriously injured victims may be out of work for months, and some are never able to return to the jobs they held before the crash.

Defendant Admits Liability for Rear-End Collision

Type of Injury: Back injury-aggravation of preexisting syringomyelia (fluid cavitation in spinal cord) resulting in neurological deficits.
Award/Settlement Amount: $122,500
Case Summary: Plaintiff was making a left turn at an intersection when Defendant struck the rear of her vehicle. Plaintiff claimed that her preexisting syringomyelia (fluid cavitation in spinal cord) was traumatically induced or aggravated by this accident resulting in various neurological deficits and symptoms including constant back pain; burning, pressure and sharp shooting pain in arms, legs, and feet; tingling sensation in hands and feet; incontinence and imbalance with walking. Defendant admitted liability and settled plaintiff’s claim for $122,500.
Location: Broward County, Florida
Case Name and Docket Number: Higginbotham v. Kennedy, 04-15199 11

Defendant Says Rear-End Crash Caused When His Foot Slipped

Type of Injury: Neck injury-Permanent aggravation of pre-existing cervical injury
Type of Accident: Rear-end
Award/Settlement Amount: $175,900
Case Summary: Plaintiff was stopped when his vehicle was rear-ended by Defendant’s vehicle. Plaintiff claimed that the force of the impact caused his foot to briefly come off the brake before he was able to return it to the brake and stop his vehicle. Defendant claimed that the collision occurred as he drove up upon Plaintiff’s stopped vehicle, that he stopped three to five feet from Plaintiff’s vehicle, that he took his foot off the brake pedal by mistake, and that his vehicle rolled into Plaintiff’s vehicle because he was at the top of an incline. Defendant further claimed that Plaintiff’s vehicle was not moved from the impact of the collision. Plaintiff claimed permanent aggravation of a pre-existing cervical injury. The jury awarded plaintiff $175,900.
Location: Duval County, Florida
Case Name and Docket Number: Brown v. Knox, 2007-CA-002674

Rear-End Crash Victim Suffers Permanent Impairment

Type of Injury: Neck and back injuries-sprains/strains
Type of Accident: Rear-end
Award/Settlement Amount: $203,200
Case Summary: Plaintiff was stopped for a traffic light when his vehicle was rear-ended by Defendant. Defendant admitted liability but disputed causation and permanency of Plaintiff’s injuries. Plaintiff claimed sprains/strains to neck and back for which future surgery was indicated. Defendant alleged some or all of Plaintiff’s complaints were related to a subsequent motor vehicle accident. Plaintiff argued that the subsequent accident caused an aggravation of the injuries he sustained in this accident. The jury found that the plaintiff sustained an injury that consists in whole or in part of a permanent impairment within a reasonable degree of medical probability as a result of this accident. Jury awarded $203,200 to Plaintiff.
Location: Orange County, Florida
Case Name and Docket Number: Borroto v. Rodriguez, 05-CA-8522

Injured Plaintiff Rear-Ended by Tractor-Trailer

Type of Injury: Back injury-ligamentous injuries to low, mid, and upper back; Head injury-right orbital blowout and nasal bone fractures
Award/Settlement Amount: $600,000
Case Summary: Plaintiff’s vehicle was stopped behind a vehicle that had yielded to a pedestrian. Plaintiff’s vehicle was rear-ended by a semi-tractor trailer operated by Defendant. The impact caused Plaintiff’s vehicle to be pushed into the vehicle in front of her. Plaintiff suffered ligamentous injuries to low, mid, and upper back, right orbital blowout and nasal bone fractures. He underwent surgery to repair the blowout fracture through the placement of a titanium mesh surgical implant. Defendants alleged that Plaintiff sustained a back injury because of a previous motor vehicle accident. During trial, the court granted Plaintiff’s Motion for Directed Verdict as to negligence and causation. The jury awarded $600,000 to plaintiff.
Location: Hillsborough County, Florida
Case Name and Docket Number: Stealy v. Williams, 05 CA 8365

Crash Victim Paralyzed by Rear-End Collision

Type of Injury: Neck injury-a profound subluxation of C6-C7 and fracture of the lamina of C5 with paraplegia and quadriparesis (weakness in all four limbs)
Type of Accident: Rear-end
Award/Settlement Amount: $6,400,000
Case Summary: Defendant had caused an earlier accident and had his vehicle pulled off the road into the median. Plaintiff claimed Defendant either left his vehicle parked in the roadway or pulled back onto the road into the path of Plaintiff’s oncoming vehicle. Plaintiff impacted the right rear quarter panel of Defendant’s vehicle, resulting in Plaintiff’s vehicle rolling three times. Plaintiff sustained a profound subluxation of C6-C7 and fracture of the lamina of C5 with paraplegia and quadriparesis. Defendant did not admit liability but did not vigorously content it. Defendants ultimately offered to settle for $3,000,000 prior to the start of the trial, which was rejected by plaintiff. The case subsequently settled for $6,400,000 after seven hours of jury deliberations.
Location: Brevard County, Florida
Case Name and Docket Number: Jones v. Schwartz, 98-04783-CA-T/C/V

Methodology

We researched and analyzed a group of real Florida car accident cases resulting from rear-end collisions. Many cases settled out of court, while some cases went to trial and won a monetary award.

Award/Settlement amounts reflect the net payout in cases where the plaintiff was found to share fault with the defendant.

Averages are calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group.

See actual payments made to rear-end accident victims in New York State. Look for personal injury cases similar to yours.

Nearly 42 percent of all motor vehicle crashes in the United States are rear-end collisions.¹

The average settlement for a moderate rear-end collision in New York is $41,588. Actual payout amounts ranged from $1,945 for minor soft-tissue injuries to $4,303,370 for disabling back injuries.

Average Payouts for New York Rear-End Collisions

We gathered and analyzed a sample group of injury lawsuits filed in New York courts arising from rear-end collisions.

Average Payout by Severity of Injury
Minor Injury	$6,631
Moderate Injury	$41,588
Severe Injury	$1,031,114
Payout Range by Type of Injury
Neck and Back Injuries	$1,945 - $4,303,370
Head Injuries	$65,000 - $1,376,660

Factors Affecting New York Rear-End Settlement Amounts

New York is a no-fault state. Most injury claims are covered by Personal Injury Protection (PIP) which will cover reasonable medical bills, 80 percent of your lost wages (up to $2,000 per month), and $25 per day for replacement services, like child care. You are entitled to PIP coverage regardless of fault for the crash.

Other factors that influence injury payouts in New York:

• No-Fault Limitations – You will not be able to ask for non-economic damages, like pain and suffering, unless your injuries are serious enough to exceed the no-fault threshold.
• Shared Fault – New York is a pure comparative fault state. Sharing fault for causing your injuries is not a bar to seeking compensation if your injuries fall outside the no-fault threshold. Your final payout will be reduced according to your portion of fault.
• Auto Policy Limits – New York requires all drivers to carry no less than $50,000 in Personal Injury Protection (PIP), $25,000 per person/$50,000 per accident for bodily injuries, and $10,000 for property damage.
• Uninsured/Underinsured – New York requires drivers to have uninsured motorist coverage equal to the liability limits of the policy.
• Punitive Damages – There are no caps to punitive damages in New York. However, only a court can award punitive damages based on a finding of the defendant’s “willful and wanton disregard” for the safety of others.
• Commercial Policies – Commercial liability policies insure most company work vehicles and trucks, like buses and tractor-trailers. Commercial insurance policies often have much higher coverage limits than personal auto policies.

Minor Injury Case Examples

Minor rear-end crash injuries are typically soft-tissue injuries like bruises and abrasions, and neck and back sprains that can result in several days of soreness and stiffness. Most victims fully recover within a few weeks and only miss a few days of work.

Plaintiff Declined Rear-End Crash Settlement Offer

Type of Injury: Shoulder injury-a torn rotator cuff; soft tissue right leg and head injuries; cervical strain; and contusions
Award/Settlement Amount: $1,945
Case Summary: Plaintiff stopped for a red light at an intersection and was rear-ended by Defendant. Plaintiff alleged defendant failed to stop in time to avoid this accident, was driving too close to the vehicle in front of him, failed to keep a proper lookout, and was traveling at an unreasonable rate of speed. Plaintiff claimed he sustained a torn rotator cuff; soft tissue right leg and head injuries; cervical strain; and contusions. Defendant did not deny that he struck plaintiff’s vehicle, but disputed that he was negligent in doing so. He also disputed the extent of plaintiff’s injuries. Jury returned a verdict of $ 1,945 in favor of the plaintiff, who had previously rejected a $20,000 offer of compromise.
Location: Suffolk County, New York
Case Name and Docket Number: Esposito v. Fitzgerald, 33542/2011

Low-Impact Rear-End Collision Damages Challenged

Type of Injury: Soft tissue neck and back injuries; and myofascial pain syndrome
Award/Settlement Amount: $2,835
Case Summary: Plaintiff came to a stop and was rear-ended by defendant. Plaintiff alleged that defendant failed to keep a proper lookout. Plaintiff also claimed to have sustained soft tissue neck and back injuries as a direct result of this accident. Plaintiff claimed medicals of $8,633. Defendant contended that plaintiff started into the intersection and then suddenly stopped again. Defendant also disputed that this minor impact could have caused the injuries claimed by plaintiff. Jury returned a $2,835 verdict for plaintiff.
Location: Ontario County, New York
Case Name and Docket Number: Tejerina v. Poncet, 0014011/2008; 14011/2008

At-Fault Rear-End Driver Disputes Injuries

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $4,398
Case Summary: Plaintiff, a martial arts instructor, came to a stop for a school bus and was rear-ended by defendant. Liability was admitted. Plaintiff alleged that he suffered permanent soft tissue neck and back injuries as a direct result of this accident. Defendant presented evidence of prior chiropractic treatment and asserted that plaintiff’s injuries were pre existing. Plaintiff, however, denied any prior injuries, claiming that he received previous chiropractic treatment for occupational daily maintenance. Jury awarded $4,398 to plaintiff.
Location: Nassau County, New York
Case Name and Docket Number: Colberg v. Yoldilla, 0020799/2015

Rear-End Crash Award for Aggravation of Pre-Existing Injury

Type of Injury: Soft tissue injuries to back and neck; aggravation of a pre existing back injury
Award/Settlement Amount: $5,000
Case Summary: Plaintiff and Defendant were driving their respective autos on a city street. Plaintiff stopped her vehicle at a red light and was struck from behind by defendant’s vehicle. Plaintiff alleged defendant was negligent in failing to maintain an assured clear distance ahead and keep a proper lookout. Plaintiff claimed she sustained soft tissue injuries to her back and neck and aggravation of a pre existing back injury caused by a prior auto accident. Defendant admitted liability, but disputed the extent of plaintiff’s injuries and damages. Jury returned a plaintiff verdict for $ 5,000. Per plaintiff’s counsel, the jury found plaintiff’s testimony credible even though she had sustained similar injuries in a prior accident.
Location: Bronx County, New York
Case Name and Docket Number: Dominguez v. Cruz-Jimenez, 26043/2016E

No Permanency from Rear-End Crash Injuries

Type of Injury: Soft tissue neck and back injuries with residual headaches
Award/Settlement Amount: $5,000
Case Summary: Plaintiff and defendant were driving in stop-and-go traffic on an interstate highway when defendant rear-ended plaintiff’s automobile. Property damage was moderate. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and or damages. Plaintiff alleged that he suffered permanent injuries to his neck and back as a direct result of the accident. Defendant contended that plaintiff’s physicians did not assign a permanency rating to plaintiff and that any continuing problems experienced by plaintiff were proximately related to a subsequent motor vehicle accident. Jury determined that plaintiff’s damages as a result of this accident totaled $5,000.
Location: Nassau County, New York
Case Name and Docket Number: Murphy v. Nanni, 7056/2013

Victim Settles Rear-End Case Against Reckless Driver

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $6,000
Case Summary: Plaintiff and Defendant were operating their vehicles on the same roadway near its exit. Plaintiff stopped at the end of the ramp and was rear-ended by defendant’s vehicle. Plaintiff argued that defendant was reckless in failing to avoid rear-ending her vehicle. Plaintiff claimed significant soft tissue cervical and lumbar injuries with decreased mobility and loss of enjoyment of life. Defendant did not contest liability, but disputed the nature and severity of plaintiff’s bodily injury claims. Defendant contended that the impact was insufficient to have resulted in the injuries claimed and plaintiff exaggerated the severity of her injuries. Case settled for $6,000 prior to trial.
Location: Schoharie County, New York
Case Name and Docket Number: Russo v. McCollin, 09-38726

Pain and Suffering Award for Rear-End Crash

Type of Injury: Soft tissue neck and back injuries; and bilateral carpal tunnel syndrome
Award/Settlement Amount: $10,000
Case Summary: Plaintiff had stopped at the direction of a flag person in an area of road construction when his vehicle was struck in the rear by defendant. Defendants conceded liability after plaintiff’s case. Plaintiff suffered cervical and thoracic strains; and bilateral carpal tunnel syndrome. Plaintiff underwent physical therapy for 6 weeks. Defendants argued that the cervical and thoracic strains had resolved. Defendants noted that plaintiff’s physical therapy records indicated that plaintiff had been swimming for 4 hours in a single session. They further argued that any existing neck pain was due to the fact that plaintiff had broken his neck in a motorcycle accident at 15 and had a long history of neck pain for which he had taken time off from work in the past. Jury awarded plaintiff $10,000, all for past pain and suffering.
Location: Oswego County, New York
Case Name and Docket Number: Bozek v. Dziewit, 85-381

Rear-End Collision Shoulder and Knee Injuries

Type of Injury: Soft tissue injuries to left shoulder, and both knees
Award/Settlement Amount: $12,000
Case Summary: Plaintiff came to a stop at a stop sign and was rear-ended by defendant1. Plaintiff alleged that she suffered soft tissue injuries to left shoulder, and both knees as a direct result of this accident. Defendants admitted liability, but contended that plaintiff was not injured to the extent she claimed and disputed causation, noting that plaintiff had prior and subsequent accidents involving the same type of injury. Jury found for plaintiff in the amount of $12,000.
Location: Kings County, New York
Case Name and Docket Number: Abulawi v Dabri Trans Corp, 513631/2015

Rear-End Award Limited to Medical Expenses

Type of Injury: Soft tissue neck and back injuries; and myofascial pain syndrome
Award/Settlement Amount: $12,500
Case Summary: Plaintiff and defendant were operating their respective vehicles in the same direction on the same. Plaintiff came to a stop and was rear-ended by defendant. Defendant admitted liability. Plaintiff alleged that she suffered soft tissue neck and back injuries and myofascial pain syndrome requiring facet, epidural, and trigger point injections and resulting in a 5% permanent impairment of the neck and a 5% permanent impairment of the back. Plaintiff claimed $24,658 in past medical expenses and $800 in lost wages. Defendant contended that much of plaintiff’s treatment was unnecessary. Jury awarded $12,500 to plaintiff. The award was for medical expenses only. No damages for pain and suffering were awarded.
Location: Nassau County, New York
Case Name and Docket Number: Tomao v. Sanchez, 022389/2011; 22389/11

Moderate Injury Case Examples

Moderate rear-end crash injuries may include whiplash injuries, slipped or herniated discs, brain concussions, simple fractures, and extensive soft-tissue injuries. Victims may be left with some residual impairment and might be out of work for weeks or months.

Defendant Argues No Damage from Rear-End Collision

Type of Injury: Soft tissue cervical (neck) injury
Award/Settlement Amount: $15,000
Case Summary: Plaintiff stopped in a line of traffic and her automobile was rear-ended by a vehicle driven by Defendant. Plaintiff alleged the impact caused serious soft tissue cervical injury, which affected her to the date of trial. She presented evidence of injury through medical records and treatment. Defendant admitted she struck the rear of plaintiff’s vehicle, but maintained there was no property damage and plaintiff could not have been injured in this low speed accident. Jury returned a plaintiff verdict in the amount of $15,000.
Location: Bronx County, New York
Case Name and Docket Number: Harmon v. Qerimaj Limo Corporation, 0022121/2017

Two Drivers Liable for Rear-End Crash Injuries

Type of Injury: Soft tissue neck and back injuries; and a torn medial meniscus of the right knee
Award/Settlement Amount: $17,000
Case Summary: Plaintiff came to a stop in the left lane of travel on an Expressway near its exit when her vehicle was struck in the rear by defendant 1. She felt a second impact to the rear of her car immediately following the first impact, pushing her vehicle onto the concrete divider. Plaintiff suffered a torn medial meniscus of the right knee; and soft tissue cervical and lumbar injuries. Defendant1 contended that he was traveling behind Plaintiff’s vehicle when his car was struck in the rear, pushing it forward into the rear of Plaintiff’s car. Defendant 2, claimed that the accident had already occurred between Plaintiff’s vehicle and the defendant1’s vehicle. He claimed that he applied his brakes and just tapped defendant1’s vehicle. Jury apportioned liability: defendant1 35%; defendant2 65%. Jury also awarded $17,000 to plaintiff.
Location: Kings County, New York
Case Name and Docket Number: Gondry v. Steed, 14270/98

Victim Rear-Ended by Uninsured Motorist is Entitled to UM Limits

Type of Injury: Knee injury-a tear of the posterior horn of his right knee’s medial meniscus, and a sprain of the same knee’s medial retinacular ligament; Neck injury- herniations of his C2-3, C3-4, C4-5, C5-6, C6-7 disc: Back injury- herniations of his L1-2 intervertebral discs, and trauma that produced bulges of his L3-4, L4-5 and L5-S1 discs
Award/Settlement Amount: $25,000
Case Summary: Plaintiff, a taxi’s driver, stopped near an intersection to accept a fare. Before he could resume travel, his taxi was rear-ended by an uninsured motorist. Plaintiff sought compensation from his Insurance Company. Defendant insurance company accepted the claim, and the matter proceeded to an arbitration that addressed damages. Plaintiff claimed that he suffered injuries of his back, a knee and his neck. Defendant (his insurance company) contended that plaintiff did not suffer a serious injury. Defense expert opined that the injuries of plaintiff’s cervical region and right knee were degenerative conditions, not related to the accident. Arbitrator found that plaintiff suffered a medically determined, non permanent impairment. She determined that plaintiff was entitled to the entirety of his insurance’s coverage: $25,000.
Location: Kings County, New York
Case Name and Docket Number: Taylor v. American Transit, 01-16-0004-1139

Jury Award to Plaintiff Injured in Rear-End Accident

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $30,000
Case Summary: Plaintiff was slowing to make a right turn into a private driveway when defendant rear-ended her vehicle. Plaintiff’s vehicle sustained $2,000 in property damage. Plaintiff alleged that defendant was negligent in failing to keep a proper lookout and in failing to maintain an assured clear distance ahead. Plaintiff further alleged that she suffered soft tissue neck and back injuries as a direct result of the accident. Defendant admitted liability, but contended that plaintiff’s injuries were proximately related to a prior accident and that plaintiff was exaggerating the extent of her injuries. Jury returned a plaintiff verdict in the amount of $30,000.
Location: Kings County, New York
Case Name and Docket Number: Larson v. Whelan, 56930/12

Rear-End Verdict Includes Non-Economic Damages

Type of Injury: Soft tissue injuries to lumbar spine in back; Others-injuries to left shoulder, cervical spine and left elbow
Award/Settlement Amount: $30,225
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the eastbound lane of Street A. Plaintiff came to a stop in a line of traffic at an intersection and was rear-ended by defendant. Liability was not seriously contested. Plaintiff alleged that he suffered permanent injuries including left shoulder and soft tissue injuries to lumbar spine, cervical spine and left elbow as a result of this accident. Defendant contended that this was a low impact accident and plaintiff was not injured to the extent he claimed. Jury awarded plaintiff $30,225. The verdict included $25,000 for non-economic damages.
Location: Nassau County, New York
Case Name and Docket Number: DiBuono v. James, 1:08cv11019

Rear-End Award Offset by Payout from Other Sources

Type of Injury: Neck injury-soft tissue cervical strain
Award/Settlement Amount: $30,679
Case Summary: Plaintiff came to a stop and was waiting to make a left turn when she was rear-ended by defendant. Liability was admitted at trial. Plaintiff alleged that she suffered soft tissue cervical strain resulting in a 5% permanent impairment of the neck as a direct result of this accident. Defendant contended that plaintiff was not injured to the extent she claimed. Plaintiff was awarded $33,500 by a jury. The verdict was reduced to $20,000 due to a collateral source reduction. The total judgment, with costs, was $30,679.
Location: Kings County, New York
Case Name and Docket Number: Monsalve v. Newell, 10066/2014

Rear-End Victim’s Injury Treatment Challenged

Type of Injury: Soft tissue neck and back injuries; Post-traumatic headache disorder
Award/Settlement Amount: $35,000
Case Summary: Plaintiff was driving his pickup truck intending to make a left turn. As he waited for traffic to clear he was rear-ended by a vehicle driven by a defendant driver. Plaintiff alleged that he suffered continuing head, neck and back pain as a result of striking his head on the back window of the pickup truck located directly behind the seat. Defendant did not contest liability, but contended that plaintiff’s head pain was not in the same area where he struck his head in the accident and his headaches were therefore unrelated. Further, defendant asserted that plaintiff over-treated for his injuries, started treating with a chiropractor years after the accident and sought only two medical visits with a specialist for his headaches. Plaintiff was awarded $35,000 by a jury.
Location: Nassau County, New York
Case Name and Docket Number: Vasquez v. Lewis, 0023228/2016; 23228/16

Defendant Blames Wet Roads for Rear-End Crash

Type of Injury: Back injury-a herniated lumbar disc at L5-S1 with degeneration
Award/Settlement Amount: $35,000
Case Summary: Plaintiff claimed that she had stopped for a red light at an intersection and was stopped for 30-45 seconds before her vehicle was struck in the rear by defendant’s vehicle. Evidence indicated that it had rained on the date of the accident. Defendant testified that his vehicle skidded on the slick, wet road, and he was unable to stop in time. Plaintiff suffered a herniated lumbar disc at L5-S1 with degeneration. She underwent 18 months of physical therapy. Defendant disputed the existence of a herniation and argued that plaintiff suffered a small bulge, which was degenerative in nature and not causally related to the accident. Defendant contended that an MRI taken 11 months post-accident showed degenerative changes. Jury returned a plaintiff verdict for $35,000.
Location: Queens County, New York
Case Name and Docket Number: Dimeglio v. Giola, 37319

Trochlear Dysplasia Knee Injury from Rear-End Collision

Type of Injury: Knee injury-trochlear dysplasia
Award/Settlement Amount: $40,000
Case Summary: Plaintiff was driving her vehicle in the right lane of a major highway during a storm. The roadway was slick and slushy. Plaintiff was rear-ended by a vehicle driven by Defendant. The impact pushed plaintiff’s vehicle to the shoulder of the road. Defendant acknowledged striking plaintiff’s vehicle, but claimed she was first struck by a tractor-trailer, causing her to strike the rear of plaintiff’s vehicle. Defendant contended that the truck driver left the scene following the accident. Plaintiff claimed she struck her knee on the door or dashboard in the collision and suffered a trochlear knee injury, which would require future surgery. Defendant denied responsibility for causing this accident. Defendant also disputed the nature and extent of the injuries claimed by plaintiff. Jury awarded $40,000 to plaintiff.
Location: Kings County, New York
Case Name and Docket Number: Quinn v. Moss, 0027569/2013

At-Fault Rear-End Driver Disputes Plaintiff’s Injuries

Type of Injury: Knee injury requiring surgery; and soft tissue injuries to her cervical spine, lumbar spine and shoulders
Award/Settlement Amount: $40,923
Case Summary: Plaintiff stopped to make a left turn into a driveway and was rear-ended by defendant. Liability was admitted. Plaintiff alleged that she suffered permanent injuries to her knee requiring surgery; and soft tissue injuries to her cervical spine, lumbar spine and shoulders, as a direct result of this accident. Defendant disputed the extent of plaintiff’s injuries. Defendant argued that this was a minor impact collision and could not have resulted in any of the alleged injuries by plaintiff. Jury returned a $40,923 verdict for plaintiff. Breakdown: $35,000 for non-economic damages and $5,923 for medical expenses.
Location: Westchester County, New York
Case Name and Docket Number: Williams v. Chouchan, 0713192/2016

Rear-End Victim Awarded Pain and Suffering for PTSD

Type of Injury: Back injury-herniated lumbar disc at L4-5; Neck injury-bulging cervical discs from C-2 through C-7; and post-traumatic stress disorder
Award/Settlement Amount: $45,000
Case Summary: Plaintiff was struck in the rear by defendant’s vehicle. Summary judgment was granted on liability and this trial was on the issue of damages only. Plaintiff claimed she sustained herniated lumbar disc at L4-5; bulging cervical discs from C-2 through C-7; and post-traumatic stress disorder. Defendant denied that plaintiff sustained a serious injury from this accident, and argued that plaintiff’s injuries were pre-existing and were the result of the prior motor vehicle accident for which she was receiving disability payments. Defendant argued that plaintiff underwent a laminectomy at L4-5 and L5-S1 for injuries suffered as a result of the prior accident. Jury awarded plaintiff $45,000. Breakdown: $15,000 for past pain and suffering; $30,000 for future pain and suffering.
Location: Ulster County, New York
Case Name and Docket Number: Platel v. John Stern, 2383/96

Injured Passenger Settles Rear-End Accident Case

Type of Injury: Plaintiff 1: Back injury- lumbar-disc bulges; Others-a dislocation of his left (nondominant) elbow and a tear of one knee’s medial collateral ligament. Plaintiff 2: Ribs injury-fractures of three ribs; Others- back and neck injuries that led to radiculopathy.
Award/Settlement Amount: $45,000
Case Summary: Plaintiff 1 was a back-seat passenger in a car being operated by plaintiff 2. Defendant1’s westbound vehicle executed a U-turn and entered the immediate path of plaintiffs’ vehicle. Plaintiff 2 applied her car’s brakes, and her car stopped abruptly. She avoided a collision, but her vehicle was subsequently struck from behind by defendant2’s vehicle. Plaintiffs’ vehicle was propelled forward, veered left and right, mounted the sidewalk, and struck a brick wall. Plaintiff1 sustained back, elbow and knee injuries. Plaintiff2 sustained arm, back, neck and rib injuries. Defendants contended that plaintiff2’s abrupt stop caused the collision. Jury rendered a plaintiffs’ verdict. Defendant1 was assigned 90% liability, and defendant2 was assigned 10% liability. Prior to the scheduled start of the trial’s damages phase, the parties agreed to a $90,000 settlement.
Location: Kings County, New York
Case Name and Docket Number: Coates v. Glover, 51433/02; 35023/03

Victim Settles Three-Vehicle Rear-End Crash Case

Type of Injury: back injury-bulging lumbar discs at L4-5, L5-S1 with encroachment; and temporomandibular joint dysfunction, requiring surgery
Award/Settlement Amount: $65,000
Case Summary: Plaintiff was traveling southbound in the middle lane when her vehicle was struck in the rear by a car driven by defendant 1. Plaintiff suffered bulging lumbar discs at L4-5, L5-S1 with encroachment; and temporomandibular joint dysfunction, requiring surgery. Defendant1 argued that plaintiff came to an abrupt stop, that she stopped 1.5 feet from the rear of plaintiff’s car, and that her vehicle was then struck by the defendant2’s vehicle and pushed into plaintiff’s vehicle. Defendant2 testified that he struck defendant1’s vehicle in the rear after it cut him off. The investigating police officer testified that plaintiff’s and defendant1’s vehicles were stopped when defendant2 struck defendant1 in the rear. Jury determined that defendant1 was 40% negligent while defendant2 was 60% negligent. After the liability verdict, the case then settled for $65,000.
Location: Bronx County, New York
Case Name and Docket Number: Clark v. Doyle, 18711/98

Defendant Disputes Force of Rear-End Crash Impact

Type of Injury: Soft tissue knees injury; Back injury-exacerbation of a pre existing lumbar disc herniation
Award/Settlement Amount: $75,000
Case Summary: Plaintiff came to a stop and was subsequently rear-ended by defendant. Plaintiff claimed that she injured her knees and exacerbated a pre-existing lumbar disc herniation which resulted in permanent impairments. (Prior to the accident, plaintiff had already scheduled a lumbar fusion surgery for the month after the accident.) Defendant contended that she rolled into the plaintiff at five miles per hour after stopping and then taking her foot off of her brake and that this was a minor impact soft tissue case. Defendant also asserted that plaintiff had not injured her knee and did not have an additional 10% impairment of the back. Plaintiff returned a plaintiff verdict, awarding her $75,000 in damages.
Location: Bronx County, New York
Case Name and Docket Number: Pottetti v. Frassetti, 007967/2015; 7967/15

Rear-End Case Settles After Discovery Completed

Type of Injury: Right knee injuries; lumbar injuries aggravating pre-existing asymptomatic degenerative disc disease at L4-5 and L5-S1
Award/Settlement Amount: $95,000
Case Summary: Plaintiff was stopped in traffic when his vehicle was struck in the rear by defendant’s vehicle. Defendants conceded liability. Plaintiff suffered right knee injuries requiring an arthroplasty; lumbar injuries aggravating pre-existing asymptomatic degenerative disc disease and requiring lumbar fusion surgery at L4-5 and L5-S1. Plaintiff claimed that the knee continues to give him pain and that he cannot kneel or squat and that he needs a cane to ambulate. He also claimed that he continues to have severe low back pain and right radiculopathy and numbness into the lower extremity. This case settled for $95,000 after discovery was completed.
Location: Schoharie County, New York
Case Name and Docket Number: Pellett v. Strange, 1321/01

Severe Injury Case Examples

Rear-end crash injuries can be severe, especially when the at-fault driver was speeding or operating a much larger and heavier vehicle. Severe injuries include multiple serious disc herniations, vertebrae fractures, spinal cord injuries, traumatic brain injuries, and more.

Severely injured victims often sustain more than one kind of injury and may be out of work for months. Many are left with permanent disabilities that prevent them from resuming their pre-accident employment and activities.

Plaintiff Injured in Rear-End Collision with Ambulance

Type of Injury: Back injury-herniated lumbar disc at L5-S1
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was traveling at 50 mph on a parkway at 3 AM when her vehicle was struck in the rear by defendant’s ambulance, which had been traveling behind her with its siren and lights fully operational. Plaintiff suffered herniated lumbar disc at L5-S1. Defendant waived liability during jury selection. Defendant argued that plaintiff had suffered a prior injury in a motor vehicle accident. Defendant contended that the prior accident was severe, as both vehicles were substantially damaged, unlike the instant accident. Defendant also noted that plaintiff injured her right foot two years prior, when a door fell on it. Defendant’s experts testified that all of the above injuries were the cause of plaintiff’s disability, and that any problems at the L5-S1 level were age related. Jury awarded $325,000 to plaintiff. The case subsequently settled for $200,000.
Location: Queens County, New York
Case Name and Docket Number: Eugene v. Hunter Lawrence Respiratory, Inc., 21205/98

Displaced Nose Fracture from Rear-End Crash

Type of Injury: Nose injury-a displaced fracture of the nose; Back injury-herniated lumbar discs at L3-4, L4-5, and L5-S1
Award/Settlement Amount: $225,000
Case Summary: Plaintiff was stopped for a red light, when his vehicle was struck in the rear by defendant’s vehicle. Plaintiff was granted summary judgment on the issue of liability, and the trial proceeded on the issue of damages. Plaintiff suffered a displaced fracture of the nose; herniated lumbar discs at L3-4, L4-5, and L5-S1. Plaintiff received emergency treatment for the fractured nose. He underwent three surgeries for the nose, including one for a deviated septum. He claimed that he still suffers from nasal valve incompetence and faces future nasal surgery. He received physical therapy for the herniations. He has also received two epidural nerve blocks. Defendant contended that it was a light impact collision. He also contended that the injuries complained of could be attributed to a subsequent accident. Jury awarded plaintiff $225,000.
Location: Nassau County, New York
Case Name and Docket Number: Arana v. Bronte, 5558/00

Minivan Driver Liable for Rear-End Crash Injuries

Type of Injury: Head injury-closed head injury, fractured nose, and deviated septum; others- soft tissue injuries of the mandible (jaw) and cervical (neck) and thoracic (back) spine with radiculopathy, temporomandibular joint dysfunction (TMJ) and headaches
Award/Settlement Amount: $300,000
Case Summary: Defendant, who was operating a minivan behind plaintiff, rear-ended plaintiff’s vehicle. Plaintiff’s head snapped forward and her face hit the steering wheel. The impact forced plaintiff’s vehicle into the rear of the truck in front of her. Plaintiff suffered significant injuries, including a fractured nose, deviated septum requiring rhinoplasty and septoplasty surgery, and a closed head injury. Plaintiff’s injuries resulted in a distorted nose, a 15% permanent partial disability of the cervical spine and limited range of motion of the neck and mouth. Defendant contended that the accident happened suddenly. Also, the impact was minor and plaintiff therefore exaggerated the nature and extent of her injuries. Case settled for $300,000 prior to trial.
Location: Kings County, New York
Case Name and Docket Number: Levan v. Vagnini, 0002782/2014

Dump Truck Driver Rear-Ends Taxi, Injures Passenger

Type of Injury: Neck injury-herniated cervical disc at C4-5 with spinal cord compression; myofascial pain syndrome
Award/Settlement Amount: $400,000
Case Summary: Plaintiff was a passenger in a cab that was traveling near an intersection. The cab was struck from behind by defendant 1, who was operating a dump truck owned by defendant 2. Defendant1 had been backing up after entering a one-way street. Liability was conceded by defendants, and the trial proceeded on the issue of damages. Plaintiff suffered herniated cervical disc at C4-5 with spinal cord compression; and myofascial pain syndrome. She required trigger point injections two to three times per week. Defendants introduced photographs that showed minimal damage to the cab, and contended that plaintiff’s own vehicle showed heavy damage from a prior motor vehicle accident, for which she had never made a claim. Jury returned a plaintiff verdict for $400,000.
Location: Westchester County, New York
Case Name and Docket Number: LeBlanc v. City of Mt. Vernon, 04643/97

Judge Directs Verdict in Rear-End Crash Victim’s Favor

Type of Injury: Back injury-aggravation of his pre-existing back condition resulting in a herniated lumbar disc at L5-S1 with compression on the thecal sac and listhesis movement of vertebra at S-1 under L-5
Award/Settlement Amount: $550,000
Case Summary: Plaintiff’s vehicle was struck in the rear by a vehicle driven by defendant, while he was stopped for a light at an intersection. Defendant driver contended that plaintiff stopped for a vehicle that had cut him off, and that the light was green. Plaintiff had a pre-existing lumbar herniation at L4-5 from a prior motor vehicle accident, and had undergone laser discectomy surgery at L4-5. He claimed that he suffered an aggravation of his pre-existing back condition resulting in a herniated lumbar disc at L5-S1 with compression on the thecal sac and listhesis movement of vertebra at S-1 under L-5. Defendants disputed causation of plaintiff’s injuries and argued that they were all pre-existing and were not substantially aggravated by the instant accident. After the liability verdict, the judge directed a verdict in plaintiff’s favor, awarding him $550,000.
Location: Nassau County, New York
Case Name and Docket Number: Tricarico v. Wheels, Inc., 4569/99

Verdict for Rear-End Victim’s Pain and Suffering

Type of Injury: Back injury- bulging lumbar disc at L5-S1
Award/Settlement Amount: $1,025,000
Case Summary: Plaintiff was operating his car at an intersection when his vehicle was hit in the rear by a vehicle owned by defendant 1 and driven by defendant 2. Plaintiff’s motion for summary judgment on liability was denied by the trial court, but granted by the Appellate Division. This trial was on damages only. Plaintiff sustained a bulging lumbar disc at L5-S1. Plaintiff visited Europe, where she did a lot of walking, and she returned with severe radiating pain in her right leg. After testing and medication, she underwent a fusion at L5-S1. Defendants denied causation, arguing that plaintiff did not undergo any treatment for 1.5 years between the accident and the fusion surgery. Jury returned a plaintiff verdict for $1,025,000. Breakdown: $200,000 for past pain and suffering; $825,000 for future pain and suffering.
Location: Kings County, New York
Case Name and Docket Number: Lifshits v. Variety Poly Bags, 45256/99

Tractor-Trailer Rear-Ends Car, Victim Wins Punitive Damages

Type of Injury: Head injury-Mild traumatic brain injury, head concussion, migraine headaches and memory lapses
Award/Settlement Amount: $1,376,660
Case Summary: Plaintiff was a passenger in a vehicle that was stopped in traffic due to construction ahead. A tractor-trailer operated by Defendant 1 and owned by Defendant 2 rear-ended the vehicle behind plaintiff, forcing it into plaintiff’s vehicle. Plaintiff alleged that: defendant driver was negligent and reckless in failing to stop within an assured clear distance head; and she suffered a mild traumatic brain injury, head concussion, migraine headaches and memory lapses as a direct result of the accident, resulting in decreased earning capacity. Defendants admitted that defendant driver was negligent, but contended that defendant driver was not reckless and that plaintiff’s injuries had fully resolved. Jury found in favor of plaintiff in the amount of $1,376,660. Breakdown: $1,010,000 compensatory damages and $366,660 punitive damages.
Location: Nassau County, New York
Case Name and Docket Number: Kelly, IV v. Seeley, 60414/2012

Van Driver At-Fault for Rear End Crash, Liable for Plaintiff’s Injuries

Type of Injury: Back injury-bulging lumbar discs at L4-L5 and L5-S1, and that the discs were impinging on the subarachnoid space
Award/Settlement Amount: $4,303,370
Case Summary: Plaintiff was stopped for a red light when a van owned by defendant and operated by one of its employees, skidded into the back of plaintiff’s vehicle. Plaintiff was granted summary judgment on liability before this trial, which only concerned the issue of damages. Plaintiff claimed that she suffered bulging lumbar discs at L4-L5 and L5-S1. This was confirmed by MRI. She also claimed cervical internal derangement with loss of disc height. Plaintiff wore a neck collar for six months. Her expert testified that she had a 50% loss of range of motion in her neck and back. The defendant’s expert testified that plaintiff sustained soft-tissue injuries only, which had subsequently resolved. He testified that her present injuries were unrelated to this auto accident. Jury sided with plaintiff, awarding her damages totaling $4,303,370.
Location: Kings County, New York
Case Name and Docket Number: Hodge v. Service Direction, Inc, 1892/00

Methodology

We researched and analyzed a group of real New York personal injury lawsuits resulting from rear-end collisions. Many cases settled out of court, while some went to trial and won a monetary award.

Award/Settlement amounts reflect the net payout in cases where the plaintiff was found to share fault with the defendant.

Averages were calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group.

See payments made to rear-end accident victims in Pennsylvania. Look for injury cases similar to yours.

Nearly 20 percent of all motor vehicle accidents in Pennsylvania are rear-end collisions.¹

The average settlement for a moderate rear-end collision in Pennsylvania is $33,715. Actual payout amounts ranged from $1,770 for minor soft-tissue injuries to $975,000 for disabling neck injuries.

Average Payouts for Pennsylvania Rear-End Collisions

We analyzed a sampling of lawsuits filed in PA courts by plaintiffs injured in rear-end collisions. The victims suffered a wide range of injuries, from minor soft-tissue soreness to disabling nerve damage. All the plaintiffs received a payout through mediation, court award, or out-of-court settlement.

Average Payout by Severity of Injury
Minor Injury	$7,061
Moderate Injury	$33,715
Severe Injury	$417,362
Payout Range by Type of Injury
Neck and Back Injuries	$1,770 - $975,000
Head Injuries	$5,000 - $600,000

Factors Affecting Pennsylvania Rear-End Settlement Amounts

Pennsylvania vehicle owners must choose between two versions of auto insurance. The limited-tort option, better known as no-fault insurance, and the full-tort version, which is traditional fault insurance.

Claims under a limited-tort policy are paid through the injured person’s medical benefits coverage, no matter who caused the accident. Limited-tort coverage does not pay for non-economic damages like pain and suffering.

Crash victims with limited-tort policies can make a full-tort claim under certain circumstances, such as when their injuries result in permanent impairment.

Full-tort claims are made against the driver who caused the rear-end collision, typically as a liability claim through their auto insurance policy. You can seek compensation for all your damages in a full-tort claim, including pain and suffering.

Consult an experienced personal injury attorney to discuss your legal options for serious injuries.

Other factors that influence injury payouts in Pennsylvania:

• Shared Fault – Pennsylvania is a modified comparative fault state. Other than limited-tort scenarios, you can seek compensation from the at-fault driver unless you are more to blame than they are. Your final payout will be reduced according to your percentage of fault.
• Auto Policy Limits – Pennsylvania requires all drivers to carry no less than $5,000 in medical benefits coverage, $15,000 per person/$30,000 per accident for bodily injuries, and $5,000 for property damage.
• Uninsured/Underinsured – Pennsylvania requires insurance companies to offer uninsured (UM) and underinsured (UIM) motorist coverage to policyholders. The policyholder may reject the UM or UIM coverage by signing a special waiver form. Everyone covered under the policy is bound by the policyholder’s rejection.
• Punitive Damages – Punitive damages in Pennsylvania can only be awarded by a judge or jury, and only when the defendant is guilty of intentional and malicious conduct.
• Commercial Policies – When the at-fault driver owned or was driving a company vehicle, like a tractor-trailer or work truck, higher liability insurance limits may come into play.

Minor Injury Case Examples

Minor rear-end crash injuries are usually soft-tissue injuries like bumps and bruises, minor cuts and scrapes, and muscle sprains that can result in several days of soreness and stiffness. Most victims fully recover within a few weeks and only miss a few days of work.

Damage Award for Three-Vehicle Rear-End Accident

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $1,770
Case Summary: Plaintiff was driving south. He stopped his vehicle at a stop light. At the same time, defendant 1 rear-ended defendant2’s vehicle and defendant 2 crashed into plaintiff’s vehicle. Plaintiff’s auto then collided with the vehicle ahead. Plaintiff claimed soft tissue neck and back injuries. Defendant2 denied the claim and filed a crossclaim alleging that Defendant1 was negligent and her actions were the proximate cause of the multiple vehicle accident. Defendant2 asked that he be indemnified for damages should he be found negligent. At the time of trial, Defendant1 was the sole remaining defendant and he admitted liability, leaving the jury only to determine damages. Plaintiff was awarded $1,770.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Stemmerich v. Massung, GD-15-023133

Wet Roadway Blamed for Rear-End Collision

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $2,500
Case Summary: Plaintiff and defendant were traveling in the same direction when defendant rear-ended plaintiff’s vehicle, resulting in minimal property damage. The accident occurred at an intersection. Plaintiff suffered soft tissue neck and back injuries. Defendant contended that plaintiff proceeded forward then stopped suddenly, creating a sudden emergency, and that her vehicle slid on the wet roadway when she attempted to stop. Defense Counsel argued that plaintiff consulted an attorney following the accident and subsequently sought treatment for alleged soft tissue neck and back injuries, and plaintiff’s injuries, if any, were not proximately related to the collision. Jury returned a plaintiff verdict in the amount of $2,500.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Hoeppner v. Doganieri, 2011-18941

Passenger Injured in Low-Impact Rear-End Collision

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $4,165
Case Summary: Plaintiff was a passenger in a vehicle operated by a third party traveling on Street A, approaching its intersection with Street B. Defendant was driving in the same direction behind plaintiff’s vehicle. Both vehicles were in the right lane preparing to make a right turn. Defendant rear-ended plaintiff’s vehicle. Plaintiff alleged that defendant was negligent in failing to maintain an assured clear distance ahead and that she suffered soft tissue neck and back injuries in the collision. Defendant contended that plaintiff was not injured in this minimal impact collision. Jury awarded $4,165 to plaintiff.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Bostick v. Fureman, 2013-09342

Head Injuries from Rear-End Collision

Type of Injury: Closed head injury
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was driving her vehicle. Plaintiff stopped for a red light at an intersection in heavy traffic and she was rear-ended by a vehicle driven by defendant 1, in the course of employment with defendant 2. This was a significant impact and defendant1 acknowledged he misjudged the distance between the vehicles. Plaintiff alleged she sustained soft tissue neck and back injuries which eventually resolved, but affected her daily life for a period of time following the accident. She sought economic and non-economic damages for that period of time only. Defendants contended that plaintiff may have sustained minor neck and back injuries, but those injuries should have resolved in six to eight weeks. A jury returned a $5,000 verdict in favor of plaintiff.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Boffoli v. Brighton Service Station, GD-12-023570

Both Drivers Liable for Rear-End Crash

Type of Injury: Soft tissue back injuries; Head injury-lacerations to plaintiff’s nose and forehead
Award/Settlement Amount: $6,500
Case Summary: Plaintiff was a passenger in a vehicle driven by Defendant1. Defendant2 was traveling on a local roadway when Defendant1 cut in front of him and then slammed on her brakes intending to make a sudden right turn. Defendant2 claimed he did everything he could to avoid striking Defendant1’s vehicle in the rear-end, but the accident occurred. Defendant1 disputed any liability and contended that she safely merged onto the local roadway, intending to make a turn into a parking lot when defendant2’s vehicle slammed into the rear-end of her vehicle. There was no dispute that plaintiff was injured as she was struck by flying glass from the windshield. Plaintiff sustained soft tissue back injuries, lacerations to nose and forehead. Jury, finding both defendants liable, awarded plaintiff $6,500 for her injuries.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Myers v. Zentner, GD 14-007047

Disputed Eye Condition Related to Rear-End Crash

Type of Injury: Soft tissue neck injury; Eye/head injury (unequal pupil size)
Award/Settlement Amount: $7,500
Case Summary: Plaintiff was driving his vehicle in heavy traffic. He was rear-ended by a vehicle driven by Defendant. Plaintiff was transported to a local emergency room where a CT scan of his head was negative for any injury. Defendant did not dispute that he caused the accident. The case proceeded on the issues of causation and damages. Plaintiff alleged he suffered tissue neck injury which resolved and a permanent eye/head injury (unequal pupil size) from the whiplash effect. Defendant admitted plaintiff may have sustained a minor neck injury from the accident, but disputed that his eye/head injury was related. Defendant argued that anisocoria occurs naturally in 20% of the population and that the plaintiff’s anisocoria was unrelated to this accident. Defendant argued that plaintiff exaggerated his condition. Jury awarded $7,500 to plaintiff.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: McClarin v. Sanders, 140502568

Chiropractic Care Challenged after Rear-End Collision

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $8,000
Case Summary: Plaintiff was driving her vehicle. She stopped at a stop sign in traffic and was rear-ended by a vehicle driven by Defendant. The defense stipulated to liability and the case proceeded on the issues of causation and damages. Plaintiff claimed serious neck and back injuries requiring chiropractic treatment. The defense contended that this minor accident did not cause any injuries. Defense Counsel argued that plaintiff did not seek emergency treatment and treated excessively with a chiropractor. The Defense further claimed plaintiff suffered from preexisting degenerative problems which likely caused her continuing complaints. Jury returned a verdict of $8,000 for the plaintiff.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Boyle v. Logue, 140901074

Child Injured in Rear-End Vehicle Accident

Type of Injury: Head injury-a facial abrasion to the forehead; soft tissue shoulder and low back injury
Award/Settlement Amount: $8,300
Case Summary: Plaintiff, age 6, was a passenger in a vehicle driven by her aunt, Defendant. While traveling along a four lane divided highway during the day, defendant rear-ended another vehicle as she approached an intersection. Plaintiff sustained a facial abrasion to the forehead, but she had no permanent scarring. She also sustained soft tissue shoulder and low back injury. Defendant contended that the vehicle in front of her stopped suddenly and she could not avoid the accident. The parties reached an $8,300 settlement.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Williams v. Kulp, 120802322

Defendant Admits Fault for Rear-End Crash

Type of Injury: Soft tissue neck injury; numbness in both arms and aggravation of a preexisting arthritic condition
Award/Settlement Amount: $9,000
Case Summary: Plaintiff and Defendant were driving their respective vehicles in the same direction and on the same road. Plaintiff slowed her car to make a left turn and was struck from behind by defendant’s vehicle. Plaintiff alleged defendant was negligent in failing to maintain an assured clear distance ahead and keep a proper lookout. Plaintiff claimed she suffered soft tissue injuries to her cervical spine, numbness in both arms and aggravation of a preexisting arthritic condition. The defense stipulated to liability, but disputed the nature and extent of plaintiff’s injuries. Defense medical expert testified that plaintiff’s injuries were not related to this accident, but were aggravations of injuries plaintiff sustained as the result of numerous prior auto accidents. Jury awarded $9,000 to plaintiff.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Zahn v. Rodman, GD-10-022385; GD10-022385

Disputed Rear-End Injury Case Settled Out-Of-Court

Type of Injury: Soft tissue neck and upper back injuries
Award/Settlement Amount: $10,000
Case Summary: Plaintiff and defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff stopped for traffic at an intersection and was rear-ended by defendant. Plaintiff alleged that she suffered soft tissue neck and upper back injuries and possible herniated cervical disc requiring chiropractic treatment as a direct result of this accident. Defendant contended that she was rear-ended by another vehicle which forced her into the rear of plaintiff’s vehicle. Also, defendant claimed that any disc herniation was the result of a preexisting degenerative disc disease. The case settled for $10,000 prior to trial.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Bartolini v. Jurasek, GD 11-020281

Rear-End Fender-Bender Injury Case Settles

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $10,000
Case Summary: Defendant was stopped in traffic behind plaintiff’s automobile. Defendant’s foot slipped off the clutch and defendant’s automobile clipped the rear-end of plaintiff’s vehicle. Plaintiff sustained soft tissue neck and back injuries in the accident. Defendant did not admit liability, but did not seriously contest it. Defendant contended that neither vehicle was damaged in the accident and that plaintiff was exaggerating her injuries. Case settled for $10,000 prior to trial.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Long v. Gomes, CI-17-06613; CI-16-06862

Distracted Driver Liable for Rear-End Collision

Type of Injury: Soft tissue neck and low back injuries
Award/Settlement Amount: $12,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction on the same Road. Plaintiff came to a complete stop in traffic at an intersection and was rear-ended by defendant. According to defendant, the speed at the time of impact was 25 to 35 mph. Plaintiff’s vehicle had no visible damage, but the front end of defendant’s car slid under the back of plaintiff’s car, causing severe damage to defendant’s vehicle. Plaintiff claimed he sustained soft tissue back and neck injuries and a herniated disc as a result of defendant’s negligence. Defendant admitted liability and testified he was distracted by an accident on the other side of the median. Plaintiff was awarded $12,000 after 2 hours of jury deliberations.
Location: Luzerne County, Pennsylvania
Case Name and Docket Number: Bilhardt v. Matak, 16866

Moderate Injury Case Examples

Moderate injuries from rear-end crashes can include whiplash, bulging or herniated discs, neck and back sprains, concussions, simple fractures, and extensive bruising. Some victims may be left with residual impairment and might be out of work for weeks or months.

Bumper Knocked Off in Rear-End Collision

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $14,000
Case Summary: Plaintiff was driving on a four-lane highway. Defendant, who was driving behind plaintiff’s car and struck the vehicle as plaintiff stopped at an intersection. The rear bumper of plaintiff’s car was knocked off by the impact. Plaintiff went home immediately after the accident and then went to the emergency room. Plaintiff alleged she sustained soft tissue neck and back injuries as a direct result of this accident. The defense stipulated to liability, but contended that Plaintiff’s primary care physician reported her injuries were resolved about a month after the accident. Jury awarded a total of $14,000 to the plaintiff. Per defendant’s counsel, the verdict for Plaintiff was impacted by the fact she had been seeing the chiropractor two months prior to the incident for a neck injury.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Westwood v. O’Suchowski, GD-13-000985

Allegations of Exaggerated Rear-End Crash Injuries

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $21,450
Case Summary: Plaintiff was driving her vehicle in heavy traffic when she was rear-ended by a vehicle being driven by defendant. Plaintiff alleged that the impact was sufficient to cause serious neck and back injuries. Plaintiff claimed she subsequently underwent a course of chiropractic treatment, which was reasonable and necessary. Defendant did not contest liability for the accident. Defendant’s orthopedic expert opined that plaintiff should have recovered from any injuries within four months of the accident; plaintiff’s claims were exaggerated; and the length and intensity of treatment was unreasonable and unnecessary. A jury returned a $21,450 verdict for the plaintiff.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Kaminski v. Kirkpatrick, 14315-2006

Rear-End Collision Caused Rotator Cuff Tear

Type of Injury: Shoulder injury- rotator cuff tear
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was operating his vehicle near an intersection. He claimed that Defendant 1, driving a car owned by co-defendants, rear-ended his vehicle, while stopped at the intersection. Defendant 1 then drove away from the scene of the accident, leaving plaintiff to identify the car by license plate number. As a result of the collision, plaintiff alleged that he suffered a shoulder injury that required arthroscopic surgery to repair. The matter proceeded to a jury trial. Defendants did not admit liability, but did not seriously contest it. Jury reached a verdict in favor of plaintiff, awarding him $25,000 on his claim.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Parr v. Merida, GD-07-017344

Pretrial Agreement Based on Causation of Rear-End Crash

Type of Injury: Neck injury-C2 disc herniation
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was a passenger in a pickup truck, stopped at a red light, when the truck was rear-ended by a sports utility vehicle driven by defendant. The defendant stipulated to liability and the case was tried on the issue of causation only. The parties stipulated to the amounts to be paid, depending upon whether the jury found causation ($85,000) or not ($25,000). Four days after the accident, plaintiff presented to an emergency room, complaining of neck pain. Subsequently, plaintiff’s C2 disc was fused to his T1 disc. Defense orthopedic surgeon expert testified that plaintiff’s treatment was not due to the subject accident, but was rather a natural progression of his pre-existing treatment. Jury found that the collision was not a factual cause of plaintiff’s cervical fusion surgery. Because of the parties’ pretrial stipulation, plaintiff recovered $25,000.
Location: Erie County, Pennsylvania
Case Name and Docket Number: Burnett v. Smith, 12440-2008

Rear-End Crash Aggravated Pre-Existing Conditions

Type of Injury: Back sprain
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was stopped at a traffic light. While stopped, her vehicle was rear-ended by defendant’s car. Defendant stipulated to negligence and the case proceeded on the issues of proximate cause and damages. Plaintiff argued that she sustained a back sprain as a result of the crash. Plaintiff asserted that her injuries required 18 months of treatment. The defense contended the impact involved in this accident was minimal, as evidenced by the lack of property damage to plaintiff’s motor vehicle. The defense Counsel argued that plaintiff’s injuries were proximately related to preexisting conditions and to other prior and subsequent motor vehicle accidents/incidents. Jury found in favor of the plaintiff, awarding her $25,000 in damages.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Lippert v. Petruna, AR-14-001766; AR 14-001766

Defense Disputes Rear-End Crash Injury Complaints

Type of Injury: Soft tissue low back injuries
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was driving her vehicle. She stopped at a lighted intersection and was struck in the rear-end by a vehicle driven by Defendant. The defense stipulated to liability for the accident and the case proceeded on the issue of damages only. Plaintiff claimed she suffered serious low back, soft tissue injuries that continued to cause stiffness and pain. The defense Counsel argued that plaintiff’s injury should have resolved and that any continuing complaints were unrelated to this accident. The jury returned a $25,000 verdict for plaintiff.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Wolf v. Morring, GD 10 012080

Driver and Passenger Injured in Rear-End Crash

Type of Injury: Plaintiff 1-Shoulder injury- rotator cuff injury; Others-hand numbness, back sprains, and shoulder sprains. Plaintiff 2-back injury- unspecified disc herniations; TMJ injury; and left meniscus dislocation
Award/Settlement Amount: $28,000
Case Summary: Plaintiffs alleged that defendant was negligent by driving his automobile into the rear end of plaintiff’s car while the car was lawfully stopped at an exit ramp stop sign. Plaintiff 1, who was driving at the time of the collision, alleged that she suffered hand numbness, rotator cuff injuries, back sprains, and shoulder sprains. Plaintiff 2, who was a front-seat passenger at the time of the accident, suffered claimed disc herniations in her back that required surgery to correct, TMJ injury, and left meniscus dislocation. The matter went to trial. Plaintiffs presented the expert opinions of their treating physician. Defendant observed the medical documentation submitted showed plaintiff2 had a prior history of back problems from another accident. Jury found defendant liable for Plaintiffs’ injuries, awarding plaintiff2 $28,000 and plaintiff 1 $6,600.
Location: Lancaster County, Pennsylvania
Case Name and Docket Number: Kempkes v. Schumaker, 03-04177

Plaintiff’s TMJ Attributed to Rear-End Collision

Type of Injury: Soft tissue neck injuries; Jaw injury-temporomandibular joint dysfunction (TMJ)
Award/Settlement Amount: $30,000
Case Summary: Plaintiff was driving her vehicle on a major highway in heavy traffic. She was rear-ended in a chain reaction accident. Defendants were other motorists involved in the collision. Plaintiff alleged that one or both drivers were responsible for the accident. Plaintiff claimed serious soft tissue neck injuries, as well as temporomandibular joint dysfunction (TMJ) which she claimed would require future surgery. Plaintiff claimed her injuries diminished her ability to work to her full capacity. Each defendant acknowledged some responsibility for the crash. However, they maintained that this was a minor accident and disputed that plaintiff was seriously injured in the crash. Specifically, they argued that plaintiff’s TMJ was unrelated to the accident. Jury found for plaintiff and awarded her $30,000. The defendants were found to be equally liable for the underlying accident.
Location: Bucks County, Pennsylvania
Case Name and Docket Number: Faust v. Profy, 97-764-09-02

Defendant Admits Rear-Ending Plaintiff’s Vehicle

Type of Injury: Back injury-aggravation of preexisting lumbar condition at L3-4, L4-5, L3-S1; and new disc herniations at L4-5 and L5-S1; Neck injury-degenerative disease at C5-6
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was rear-ended by defendant, who was driving a vehicle in the course and scope of his employment with co-defendant. Plaintiff was in a pickup truck stopped at a red light of an intersection. In a police report, defendant admitted that the “traffic stopped at the red light and when I looked up I couldn’t stop in time to avoid hitting the vehicle.” Defendants stipulated to liability, and the case was tried on injuries and damages. Plaintiff underwent L3-4, L4-5 laminectomy and an L3-S1 fusion with use of iliac bone graft and a posterior lumbar interbody fusion at L4-5 and L5-S1 with placement of an epidural catheter. He was also diagnosed with degenerative disease at C5-6. Defense expert neurosurgeon testified that plaintiff’s back surgery was not related to the motor vehicle accident. Jury awarded plaintiff $50,000.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Boggs v. Duff, GD-06-004581

Pregnancy Blamed for Rear-End Injury Complications

Type of Injury: Neck injury-whiplash which developed into a traumatic arrhythmia (heart)
Award/Settlement Amount: $93,702
Case Summary: Plaintiff was driving her vehicle. She stopped for traffic and was rear-ended by defendant driving his vehicle. Plaintiff’s car was forced into the vehicle which was in front of her. The defense stipulated to liability for the accident and the case proceeded to trial on the issue of damages and causation. Plaintiff alleged that she sustained serious whiplash (neck) injuries which developed into a traumatic arrhythmia (heart) that continued to trial. The defense disputed the nature and extent of plaintiff’s injury claim, contending that her pregnancy following the accident may have been the cause for her complaints. Jury found in favor of plaintiff in the amount of $93,702.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Gurten v. Crescetelli, 130902117

Severe Injury Case Examples

Severe rear-end crash injuries can happen in multi-vehicle collisions, when the at-fault driver was speeding, or the victim was hit by a truck or other type of large and heavy vehicle.

Severe injuries include multiple serious disc herniations, vertebrae fractures, spinal cord injuries, traumatic brain injuries, and more. Victims often sustain more than one kind of injury that impacts their ability to return to pre-accident activities.

Defendant Admits Negligence Caused Rear-End Crash

Type of Injury: Back injury-mild degenerative changes of L5-S1 disc and a L4-5 disc bulge; Neck injury-disc bulge at C4-5 and herniations at C5-6 and C6-7
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was stopped at a stop sign, when her vehicle was rear-ended by defendant. The defendant stipulated to negligence and the case was tried on the plaintiff’s alleged injuries and damages. Plaintiff, complaining of pain in her neck and shoulder area, consulted with an orthopedic surgeon. An MRI revealed mild degenerative changes of L5-S1 disc; a L4-5 disc bulge; disc bulge at C4-5; and herniations at C5-6 and C6-7. Defense counsel attributed the plaintiff’s alleged injuries to a previous motor-vehicle accident. Jurors found that defendant’s negligence was a factual cause of the plaintiff’s injuries. Plaintiff was awarded $200,000 in damages.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Romanick v. Krivorutskaja, 81200555

Traumatic Brain Injury from High-Impact Rear-End Crash

Type of Injury: Head injury-mild traumatic brain injury, resulting in cognitive losses, including short-term memory difficulties
Award/Settlement Amount: $250,000
Case Summary: Plaintiff was driving her vehicle. She came to a stop in traffic and was rear-ended by a vehicle driven by Defendant. Plaintiff’s vehicle was pushed forward a substantial distance as a result of the impact. Plaintiff suffered a mild traumatic brain injury, resulting in cognitive losses, including short-term memory difficulties. The defendant did not dispute that she struck plaintiff’s vehicle, but argued that plaintiff did not suffer a closed head injury in the crash. The defense contended that plaintiff’s difficulties had nothing to do with this accident. The parties reached a $250,000 settlement prior to trial.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: DeSabetino v. Sentner, GD-12-001151

Jury Award to Passenger Injured in Rear-End Crash

Type of Injury: Neck injury-disc herniation at C5-C6 and degenerative disc disease at C6-C7.
Award/Settlement Amount: $261,760
Case Summary: Plaintiff was a front-seat passenger in a vehicle traveling south on Route A. Plaintiff’s driver came to a stop for a red light and was rear-ended by a vehicle driven by Defendant. Plaintiff presented to the emergency room with complaints of head and neck pain. A follow-up MRI due to ongoing pain revealed a disc herniation at C5-C6 and degenerative disc disease at C6-C7. She claimed she required cervical surgery as a direct result of this accident. Defendant denied liability, but the court granted the plaintiff’s motion for a directed verdict on liability during trial. A neurosurgeon who had performed an IME testified that no further treatment was needed because plaintiff was released to return to her work as a hospital clerical worker without restrictions. The jury awarded a $261,760 verdict to the plaintiff.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Sgambati v. Roethlein, GD 12-010681

Jury Determines Defendant Caused Rear-End Collision

Type of Injury: Neck injury-a cervical strain and sprain; Back injury-an aggravation of pre-existing conditions at L4-5 and L5-S1
Award/Settlement Amount: $290,000
Case Summary: Plaintiff was a passenger in a car. While the car was stopped, its rear end was struck by a trailing vehicle. The other motorist’s insurer averted a lawsuit by agreeing to pay $24,000, from a policy that provided $25,000 of coverage. Plaintiff sought to recover the underinsured-motorist policy of $1 million from his own Insurer. Defendant stipulated to liability, and the case was tried on the issue of damages. Plaintiff was diagnosed with a cervical strain and sprain and an aggravation of pre-existing conditions at L4-5 and L5-S1. The defense’s expert in orthopedic surgery, who examined plaintiff, attributed his back pain to his documented prior lumbar injuries. Jury found that the underlying tortfeasor’s negligence was a factual cause of injury to plaintiff. Plaintiff was determined to receive $290,000.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Frisch v. James River Insurance Co, 180400052

Rear-End Injury Case Settled One Week Before Trial

Type of Injury: Neck injury-herniated disc at C5-6
Award/Settlement Amount: $300,000
Case Summary: Plaintiff was operating an SUV that was stopped at an intersection, when the rear of his SUV was struck by an SUV driven by defendant. Plaintiff suffered a herniated cervical disc (C5-C6). Defendant stipulated to negligence. The case proceeded through litigation on the issues of causation and damages. Plaintiff had a five-year history of severe neck pain from a motor-vehicle accident in which he suffered a neck injury. Following the accident, he was put on a course of physical therapy and underwent a series of epidural injections. The defense’s expert in orthopedic surgery concluded in his report that plaintiff’s injuries and treatment were all related to his documented, preexisting condition of his cervical spine. The parties settled for $300,000 one week prior to trial.
Location: Montgomery County, Pennsylvania
Case Name and Docket Number: Pontarelli v. Pera, 2010-15174

Defense Challenges Plaintiff’s Rear-End Crash Injuries

Type of Injury: Back injury-annular tear and aggravation of a pre-existing desiccated disc at L5-S1, which was complicated by a pre-existing Schmorl’s node in the L4 vertebra
Award/Settlement Amount: $362,500
Case Summary: Plaintiff was operating his vehicle. He was rear-ended by the car behind him, which had first been struck by Defendant’s vehicle. Plaintiff claimed he suffered annular tear and aggravation of a pre-existing desiccated disc at L5-S1, which was complicated by a pre-existing Schmorl’s node in the L4 vertebra. Plaintiff underwent lumbar fusion surgeries to repair the L5-S1 disc. The defense stipulated to liability for the accident, but contested proximate cause and the nature and extent of the plaintiff’s injuries. Specifically, defense Counsel argued that, following the subject accident, plaintiff injured his back when he fell on some ice; while he was lifting equipment at work; and when he fell from a defective display chair in a store. Jury returned a plaintiff verdict in the amount of $362,500.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Hesch v. Vendeland, GD-16-022642

Multi-Car Rear-End Collision Case Settles at Mediation

Type of Injury: Neck injury-Cervical disc herniation at C4-C5; Others-bilateral Achilles tendonitis to both feet
Award/Settlement Amount: $517,000
Case Summary: Plaintiff was driving her vehicle on Road A, consisting of one lane in each direction. Defendant1 was building a development at the end of the road and was being required to have the road paved. Defendant2 was the contractor hired by defendant1 to do the paving work. Defendant2 was supplying its truck with fill dirt at the time. As plaintiff slowed or stopped, the driver behind her rear-ended her vehicle, but was then able to veer away. This resulted in plaintiff’s vehicle being struck a second time by yet another motorist. The defense stipulated to liability for the accident. Plaintiff claimed a C4-C5 disc herniation and bilateral Achilles tendonitis to both feet as a direct result of this accident. Parties reached a $517,000 settlement at mediation.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Keeler v. Auto Paint Specialties, Inc., GD-05-020442

Plaintiff Settles Rear-End Case with At-Fault Truck Driver

Type of Injury: Head injury-a concussion and an abrasion to his scalp; Neck injury- ruptured disc at C4-C5
Award/Settlement Amount: $600,000
Case Summary: Plaintiff was driving a van. As he began to slow for traffic, his van was hit from behind by a truck driven by Defendant. Plaintiff claimed that, as a result of the accident, his seat belt broke and he fell backwards and hit his head on wooden shelving in the van. Plaintiff went to the emergency room for treatment two hours after the accident. Plaintiff suffered a concussion, an abrasion to his scalp and herniated cervical disc. Plaintiff continued to suffer neck pain and numbness in his fingers for months after the accident and eventually was diagnosed with a ruptured disc at C4-C5, and underwent an anterior cervical decompression and fusion. Defense contended plaintiff’s injuries were a result of a pre existing degenerative condition of his cervical spine. The case settled for $600,000 at mediation.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Jean-Baptiste v. Jaremijczuk, 170302707

Permanent Nerve Damage from Rear-End Collision

Type of Injury: Neck injury requiring cervical fusion at C5-C6; others- permanent nerve damage resulting in the loss of use of two middle fingers on the left hand
Award/Settlement Amount: $975,000
Case Summary: Plaintiff and defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop when pedestrians stepped out in front of him from the median. Defendant applied his brakes but was unable to stop, rear-ending plaintiff’s vehicle. Plaintiff alleged that he suffered neck injury requiring cervical fusion at C5-C6 and permanent nerve damage resulting in the loss of much of the use of the two middle fingers on the left hand and loss of enjoyment of life due to inability to care for his 13 hunting dogs, go raccoon hunting, garden or volunteer at church. Plaintiff was also assessed a 25% permanent partial disability. Defendant contended that he was faced with a sudden emergency and that plaintiff had a significant pre existing cervical injury. Jury awarded plaintiff $975,000.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Wolff v. Roberts, 2017-19630

Methodology

We gathered and analyzed a group of real Pennsylvania personal injury lawsuits arising from rear-end collisions. All cases resulted in a payout, from a court award, mediation, or settlement before trial.

Award/Settlement amounts reflect the net payout in cases where the plaintiff was found to share fault with the defendant. In cases with more than one plaintiff, we used the highest amount paid to one individual plaintiff.

Averages were calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group.