See awards and settlements from real side-impact car accidents in Oregon. Look for cases with injuries similar to yours.
Side-impact and angle collisions, including sideswipe incidents, account for over 35 percent of all injury car accidents in the United States.¹
The average settlement for a moderate side-impact collision in Oregon is $36,491. The payouts in our sample range from $213 for minor soft tissue injuries to $1,600,000 for significant brain and limb injuries.
Average Payouts for Oregon Side-Impact Collisions
These averages are derived from personal injury cases filed in Oregon courts caused by side-impact collisions. The group does not include wrongful death cases or those that did not result in a payout to the victim.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $7,246 |
| Moderate Injury | $36,491 |
| Severe Injury | $547,720 |
Payout Range by Type of Injury |
|
| Neck and Back Injuries | $213 - $385,644 |
| Head Injuries | $14,920 - $1,600,000 |
Factors Affecting Oregon Accident Payouts
Oregon is a traditional fault or “tort” state, meaning the at-fault driver is liable for damages arising from a car accident. You or your attorney will file an injury claim with the driver’s insurance company. If a lawsuit is necessary you would sue the negligent driver, not their insurance company.
In traditional fault states like Oregon, your damage claim will include economic damages like medical expenses and lost wages, and non-economic damages such as pain and suffering.
Factors Affecting Payout Amounts
Motor vehicle payouts are primarily influenced by the scope and severity of the victim’s injuries. It makes sense that severe injuries result in higher medical costs, more time away from work, and more distress and pain experienced by the victim, thus warranting a higher payout.
Other factors that influence injury payouts in Oregon include:
- Shared Fault – Oregon is a modified comparative negligence state. When you are more at fault for your injuries than the other driver, your claim will fail. If you are less to blame, your compensation will be reduced according to your percentage of fault.
- Auto Policy Limits – Oregon has minimum auto insurance requirements. Drivers must have no less than $25,000 per person and $50,000 per accident bodily injury liability, and $20,000 property damage liability. Drivers must carry at least $15,000 in Personal Injury Protection (PIP).
- Multiple Claimants – Side-impact collisions may injure multiple people. Depending on the severity of injuries and the amount of insurance coverage available, there may not be enough money to cover everyone’s damages.
- Non-Economic Damages Cap – Oregon limits non-economic damages in wrongful death cases. This covers things like loss of care, comfort, or consortium.
- Punitive Damages: In Oregon, punitive damages are only awarded by a judge or jury upon proof the at-fault party acted with malice or egregiously disregarded the safety of others.
Minor Injury Case Examples
Minor injuries include soft-tissue bumps, scrapes, or sprains. After the initial medical evaluation, little medical follow-up is needed. Most people are completely recovered from minor injuries in a week or two, and only miss a few days of work.
Shared Fault for Snowy Side-Impact Collision
Type of Injury: Back injuries-ruptured disc
Award/Settlement Amount: $213
Case Summary: Plaintiff, male age 52, mechanic and hunting guide claimed he was involved in a motor vehicle accident during elk-hunting season. The road was snow-packed and new snow was on the ground, plaintiff said. The vehicle driven by plaintiff and defendant collided at a corner. Plaintiff was going up the hill and defendant was coming down the hill; one set of tracks were in the snow and both vehicles were using the same path of travel. Plaintiff claimed he suffered a ruptured disc in back requiring surgery. Defendant denied liability and contended that plaintiff was contributorily negligent. Defendant further claimed that plaintiff had pre-existing back complaints. Jury found defendant 70% negligent and awarded plaintiff $213.02.
Location: Union County, Oregon
Case Name and Docket Number: Smith v. Siler, 87-10-31,558
Teen Passenger Injured by Side-Impact Collision
Type of Injury: Neck injury-Soft tissue lumbar sprain/strain
Award/Settlement Amount: $5,095
Case Summary: Plaintiff, a 16-year-old female, was a back seat passenger in her mother’s car, which was being driven by a friend of her mother. It was night time and there was a rainstorm. Defendant was operating his own vehicle in the opposite direction of the plaintiff’s host car. Defendant attempted to make a left turn into an auto care shop’s parking lot and collided with the plaintiff’s vehicle. Plaintiff suffered soft tissue lumbar sprain/strain. Defendant denied liability. He contended he did not see the plaintiff’s vehicle approaching because the host driver was exceeding the speed limit. Jury returned a plaintiff verdict.
Location: Marion County, Oregon
Case Name and Docket Number: Nelbye v. Jacobson, 00C15084
Shared Fault Reduction to Side-Impact Injury Award
Type of Injury: Back and hand injuries-lumbar strain; chipped bone on her finger
Award/Settlement Amount: $8,000
Case Summary: Plaintiff contended she was traveling at approximately 25 m.p.h. when defendant’s vehicle turned left in front of plaintiff’s vehicle and the vehicles collided. Plaintiff said she did not have time to react prior to impact. The scene of the accident consisted of a 42-foot wide street with 700 feet of unobstructed view. Plaintiff suffered a lumbar strain and a chipped bone on her finger. Medical records showed that plaintiff’s lumbar strain resolved 8 months after the accident. Defendant contended that plaintiff was comparatively negligent for the accident. He also disputed causation of plaintiff’s low-back pain, which plaintiff’s physician attributed to her pregnancy. Jury awarded plaintiff $10,000 less contributory negligence 20% = $ 8,000 net.
Location: Lane County, Oregon
Case Name and Docket Number: Funderburk v. Kruger, 5294632
Work Vehicle Driver At-Fault for Side-Impact Collision
Type of Injury: Chest contusion, soft tissue body injuries and foot pain
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was driving on a narrow country road. He claimed his car was sideswiped by a vehicle driven by Defendant and owned by co-defendant. Plaintiff suffered chest contusion, soft tissue body injuries. He returned to the emergency room a second time with complaints of foot pain, which required treatment for residual problems. Defendant admitted he was at fault for the accident, but disputed causation of plaintiff’s injuries. Defendants argued that plaintiff’s foot complaints were not related to this accident. The matter was presented to a jury, who awarded plaintiff $10,000.
Location: Multnomah County, Oregon
Case Name and Docket Number: Ogden v. Fujitsu Microelectronics, INC., 9304-02740
Bus Driver Injured in Side-Impact Crash
Type of Injury: Neck and back injuries-herniated lumbar disc
Award/Settlement Amount: $12,923
Case Summary: Plaintiff was the driver of a TriMet bus. The bus and defendant’s vehicle collided in an intersection. Plaintiff claimed he suffered neck and back injuries including a herniated lumbar disc. Plaintiff further claimed that defendant’s negligence was the proximate cause of the motor vehicle accident. Defendant denied liability and disputed the nature and extent of plaintiff’s injuries. Jury found in favor of plaintiff in the amount of $12,922.89.
Location: Multnomah County, Oregon
Case Name and Docket Number: Crowston v. Pech-Gongora, 9508-06037
Moderate Injury Case Examples
Moderate side-impact crash injuries can include broken bones, extensive soft-tissue injuries, brain concussions, and disc damage. Moderate injuries can take months to heal, and may leave the victim with lingering effects. Accident victims may be out of work for weeks or months, depending on the demands of their job.
Driver Admits Fault for Side-Impact Collision
Type of Injury: Head, neck, lower back and right hip injuries
Award/Settlement Amount: $14,920
Case Summary: Plaintiff said she was driving her vehicle near an intersection, when she was struck by a vehicle driven by defendant. Plaintiff claimed she suffered head, neck, lower back and right hip injuries requiring medical treatment as a result of the impact and lost time from her employment. She filed a complaint against defendant, alleging defendant’s negligent driving caused the collision. The defendant admitted she was negligent but contested the plaintiff’s claimed injuries and damages. A jury awarded the plaintiff $14,920.
Location: Multnomah County, Oregon
Case Name and Docket Number: Mulflur V. Hoshibata, 1212-16336
Plaintiff Injury Award for Broadside and Rear Crashes
Type of Injury: Hand injury-left hand nerve damage, biceps tendonitis; back injury- cervical, thoracic and lumbar strains; others-left knee strains, headaches and multiple contusions and abrasions
Award/Settlement Amount: $19,318
Case Summary: Plaintiff was involved in two separate motor vehicle accidents. In the first accident, plaintiff contended that his vehicle was struck broadside by Defendant 1’s vehicle as she attempted to turn left at an intersection. In the second accident, the plaintiff contended that his vehicle was struck from the rear by Defendant 2’s vehicle as he stopped for heavy traffic near an intersection. Plaintiff claimed he suffered left hand nerve damage that resulted in numbness and permanent impairment, headaches, biceps tendonitis, vertigo, cervical, thoracic, lumbar and left knee strains, with limited motion and permanent impairment in his neck, and multiple contusions and abrasions. The defendants denied liability and disputed the plaintiff’s injuries. Jury returned a plaintiff verdict.
Location: Washington County, Oregon
Case Name and Docket Number: Coke v. Watts, C073341CV
Side-Impact Drivers Share Fault for Passenger Injuries
Type of Injury: Back injury-herniated disc at L4-5
Award/Settlement Amount: $24,187
Case Summary: Plaintiff was a passenger in defendant’s vehicle when they were struck broadside by co-defendant at an intersection. Plaintiff said he suffered a herniated disc at L4-5 among other injuries. He brought a lawsuit against defendants, alleging both were negligent in causing the motor vehicle accident. Defendants denied liability. The case proceeded to a jury trial. Jury found both defendants were at fault in causing the collision. Jurors allocated 40% of the fault to defendant and 60% to co-defendant. Judgment was entered in favor of the plaintiff and against defendant in the amount of $3,674.87, and against co-defendant in the amount of $20,512.30.
Location: Multnomah County, Oregon
Case Name and Docket Number: Vancleave v. Shannon, 1306-07858
Plaintiff Shared Fault for Side-Impact Crash
Type of Injury: Back injury-cervical strain and headaches
Award/Settlement Amount: $28,311
Case Summary: As plaintiff drove through an intersection, defendant made a left turn in front of her, causing a collision. Plaintiff sustained a cervical strain and headaches. Defendant denied liability and disputed the plaintiff’s claimed injuries and damages. According to the defendant, she was in the course of making a left turn on a green light, when the plaintiff’s eastbound vehicle entered the intersection, failed to stop, and the front of the plaintiff’s car hit the right rear passenger side of the defendant’s car. Defendant claimed plaintiff was contributorily negligent. Jury allocated 25% negligence to plaintiff, and 75% to defendant. Plaintiff was awarded $15,811 for economic damages and $12,500 for noneconomic damages.
Location: Multnomah County, Oregon
Case Name and Docket Number: Schneider v. Macarthur, 1007-11171
Plaintiff Award for T-Bone Collision Injuries
Type of Injury: Back injuries-disc protrusion at L5-S1, an annular tear at L5-S1, narrowing of the C4-5 disc space, disc protrusion at L4-5, a lumbar intervertebral disc injury at L5-S1, and cervical and lumbar strains
Award/Settlement Amount: $95,720
Case Summary: Plaintiff entered an intersection intending to turn left, when a vehicle driven by defendant failed to stop for a stop sign and collided with the driver’s side of her vehicle. Plaintiff claimed she sustained a left posterolateral disc protrusion at L5-S1 with narrowing of the left lateral recess and compression of the left S1 nerve root, an annular tear at L5-S1, narrowing of the C4-5 disc space, disc protrusion at L4-5, a lumbar intervertebral disc injury at L5-S1, radiculopathy, cervical and lumbar strains and a hip strain. Defendant simply denied liability. Jurors awarded plaintiff $11,720 for past economic damages, $54,000 for future economic damages, and $30,000 for noneconomic damages.
Location: Multnomah County, Oregon
Case Name and Docket Number: Davis v. Spenser, 1104-04468
Severe Injury Case Examples
Severe side-impact injuries may be life-threatening and life-altering. Traumatic brain or spinal cord injuries, crushing fractures, and significant disc and nerve damage may occur. Many severe crash victims sustain multiple types of injuries that permanently limit the person’s activities of daily living.
Driver Towing Trailer Caused Side-Impact Collision
Type of Injury: Back injury-Herniation of cervical disc at C7-8 and aggravation of preexisting low back and lumbar injuries
Award/Settlement Amount: $100,000
Case Summary: Plaintiff contended his vehicle was struck on the left side by the right rear fender of defendant’s vehicle which was towing a small trailer as both vehicles were making parallel left turns. Plaintiff said he suffered herniation of cervical disc at C7-8 and underwent an anterior keyhole laminectomy 2 1/2 months later. Defendant contended he did not see plaintiff’s car until after impact. Defendant also denied changing lanes or moving over to the right. Defendant further alleged that plaintiff was involved in 3 subsequent motor vehicle accidents, 2 of which preceded low back surgeries and also had a prior lumbar surgery. Jury determined that defendant’s negligence caused the accident.
Location: Multnomah County, Oregon
Case Name and Docket Number: Baker v. Bischoff, 9503-01981
Side-Impact Case Settles After Finding of Shared Fault
Type of Injury: Left shoulder injury-torn rotator cuff
Award/Settlement Amount: $236,396
Case Summary: Plaintiff was passing defendant on the left when defendant made a left turn into her driveway. Plaintiff suffered a rotator cuff injury in her left shoulder. Defendant and her witnesses contended she had properly slowed and signaled. Plaintiff however stated that she did not see a signal and thought defendant was pulling off the right side of road when he committed to pass her on the left. Defendant filed a lawsuit against plaintiff first. Plaintiff then filed a separated action against the defendant. The two actions were consolidated for trial. At trial, it was determined that defendant was 70% responsible for accident, resulting in a dismissal of case against plaintiff. Thereafter, the case against defendant settled for $337,709 Less Contributory Negligence 30%.
Location: Multnomah County, Oregon
Case Name and Docket Number: Barney v. Alvarado, 16CV39951
T-Bone Crash Victim Suffers Coma, Multiple Injuries
Type of Injury: Closed head injury resulting in cognitive deficits; Others-fractured limbs, vertebrae and pelvic injuries
Award/Settlement Amount: $300,000
Case Summary: Plaintiff was driving her vehicle through an intersection when she was “T-boned” by a truck driven by defendant and owned by co-defendant. Plaintiff contended she had the green light, which was corroborated by independent witnesses to this accident. Plaintiff sustained a closed head injury resulting in cognitive deficits, including short term memory loss and slurred speech. Plaintiff also sustained fractured limbs, vertebrae and pelvic injuries. She was in a coma for several days and later required the use of a walker and pain medications. Defendant denied that he ran a red light and argued that he was not responsible for the accident. Defendant did not dispute that plaintiff was injured, but claimed that plaintiff exaggerated her injuries. Jury found for plaintiff.
Location: Multnomah County, Oregon
Case Name and Docket Number: Linda v. Viesko Concrete, 0703-03576
Passenger Injured in Side-Impact Crash Settles Case
Type of Injury: Knee and Hip Injuries
Award/Settlement Amount: $312,000
Case Summary: Plaintiff, age 20, was a front seat passenger in a motor vehicle collision involving the car she was in and a car driven by first defendant. On impact, plaintiff’s knees were forced under the dashboard, injuring her knee and hip. She had arthroscopic knee surgery and two open hip surgeries. The knee surgery was due to patellar tendonitis and patella plica. The first hip surgery was to repair a “snapping” psoas tendon, resulting in a 6″ scar on plaintiff’s upper thigh. The second hip surgery was due to Tibial Band Syndrome, a condition frequently associated with running, but not trauma. However, defendant’s IME doctor opined plaintiff’s hip injuries were not related to the motor vehicle accident. Parties agreed to a $337,000 Settlement less PIP payments totaling $25,000.
Location: Multnomah County, Oregon
Case Name and Docket Number: Seibold v. Safeco, 0201-00543
Driver Found Fully Liable for Side-Impact Collision Injuries
Type of Injury: Head injury-lacerations; Back injury-disc herniations at L3-4, cervical, thoracic and lumbar strains; a right knee strain
Award/Settlement Amount: $385,644
Case Summary: Plaintiff’s vehicle was ‘t-boned’ by a vehicle being driven by defendant and owned by co-defendant. Plaintiff claimed that defendant driver failed to obey a red light at an intersection and struck his vehicle on the passenger’s side as he proceeded on through the intersection. Plaintiff suffered disc herniations at L3-4, cervical, thoracic and lumbar strains, a right knee strain, and a head laceration. The defendants denied liability, arguing that defendant driver had the green light and that plaintiff failed to yield the right of way to defendant’s vehicle. Defendants further contended that plaintiff failed to wear his seatbelt thus contributed to his injuries. Jury found defendant 100% liable for the accident and awarded plaintiff $385,644. The plaintiff’s award included $28,210 for attorney fees and $1,146 for other costs.
Location: Multnomah County, Oregon
Case Name and Docket Number: Cipriano v. Valley Property, 70302449
Drunk Driver Admits Fault for Broadside Collison
Type of Injury: Legs and hand injuries-Trimalleolar fracture of the right ankle; right (dominant) forearm fracture; and tibia and fibula fractures of the right leg
Award/Settlement Amount: $900,000
Case Summary: Plaintiff was involved in a motor vehicle accident with defendant driver, who was intoxicated at the time of impact. Plaintiff, who had the right-of-way, was broadsided by defendant’s vehicle in an intersection. The impact caused significant orthopedic fractures to plaintiff’s arm and leg. Plaintiff required surgeries to repair all fractures, followed by physical therapy. Plaintiff had permanent hardware in her legs and claimed significant surgical scarring. Plaintiff claimed $139,905 in past medicals and $19,446 in lost wages. There was no dispute that defendant was intoxicated or that defendant caused the accident. Defendant disputed only the extent and value of the damages. A pre-trial settlement of $900,000 was reached with defendant’s liability carrier.
Location: Lane County, Oregon
Case Name and Docket Number: Jean v. Marie, 16-90-03841
Motorcyclist Severely Injured in Side-Impact Collision
Type of Injury: Head injury-traumatic brain injury; Crushed leg
Award/Settlement Amount: $1,600,000
Case Summary: Plaintiff was riding his motorcycle through an intersection. Plaintiff claimed that defendant made a left turn in front of plaintiff’s oncoming motorcycle, resulting in a collision. Plaintiff alleged that he had a green light and defendant failed to yield the right-of-way to oncoming traffic. As a result, plaintiff’s leg was crushed. He also suffered a mild traumatic brain injury. Defendant agreed to settle this case for the $1,600,000 shortly after the defendant’s deposition was taken.
Location: Multnomah County, Oregon
Case Name and Docket Number: Fitzgerald v. Shelby, 132687
Methodology
Here we analyzed a group of actual lawsuits filed in Oregon courts by plaintiffs injured in side-impact collisions. Each plaintiff was compensated by a court award, arbitration award, or compromised settlement. The group does not include wrongful death cases.
Averages are calculated by adding the payout amounts for all cases in a group, then dividing by the number of cases in the group.