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.