Kansas Rear-End Collision Settlement Amounts and Case Examples

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 LimitsKansas 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.