Pennsylvania Side-Impact Collision Settlement Amounts and Case Examples

Explore awards and settlements paid to real side-impact accident victims in Pennsylvania. Look for cases similar to yours.

More than 36 percent of the traffic accidents in Pennsylvania are some kind of side-impact collision.¹

The average settlement for a moderate side-impact collision in Pennsylvania is $45,086. The payouts in our cases range from $1,290 for minor soft tissue injuries to $3,475,000 for a closed head injury resulting in a seizure disorder and cognitive deficits.

Average Payouts for Pennsylvania Side-Impact Collisions

These averages are drawn from actual lawsuits filed in Pennsylvania courts by plaintiffs injured in a side-impact collision.

Average Payout by Severity of Injury

Minor Injury $6,137
Moderate Injury $45,086
Severe Injury $687,620

Payout Range by Type of Injury

Neck and Back Injuries $1,290 - $340,000
Head Injuries $2,500 - $3,475,000

Factors Affecting Pennsylvania Side-Impact Settlements

Pennsylvania vehicle owners are allowed to choose a no-fault (limited-tort) insurance policy or a traditional fault (full-tort) insurance policy.

Limited-tort/no-fault claims for medical expenses and lost wages are covered under the medical benefits portion of your policy, no matter who caused the accident. No-fault coverage does not pay for non-economic damages like pain and suffering.

If you have a full-tort policy, or your injuries exceed the severe injury threshold, you have the right to demand all your compensatory damages, including pain and suffering, from the at-fault driver or their insurance company.

Serious injury cases should only be handled by an experienced attorney to ensure the best financial outcome for the victim.

Other factors that influence injury payouts in Pennsylvania:

  • Shared Fault – Pennsylvania is a modified comparative fault state. This means you can pursue compensation from the other driver so long as you aren’t more to blame than they are for the crash. Your payout will be reduced according to your share of fault.
  • Auto Policy LimitsPennsylvania 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. However, the policyholder has the right to reject UM and UIM coverage.
  • Punitive Damages Punitive damages in Pennsylvania can only be awarded by a judge or jury upon finding the defendant guilty of intentional and malicious conduct.
  • Commercial Policies – When the at-fault driver owned or was driving a company vehicle, like a bus or work truck, higher insurance limits may be available for serious injuries.

Minor Injury Case Examples

Minor injuries from a side-impact collision often include soft-tissue bumps, scrapes, strains or sprains. Minor injuries should heal completely within a few weeks, and the victim may only miss a few days of work.

Passenger Injured When Work Van Broadsided

Type of Injury: Soft tissue injury to neck and low back
Award/Settlement Amount: $1,290
Case Summary: Plaintiff was a passenger in a van with fellow employees enroute to a job site. Defendant failed to yield the right-of-way and broadsided the van, injuring plaintiff. The defense stipulated to liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that he suffered soft tissue injury to neck and low back. The defense Counsel argued that plaintiff was not as severely injured as he claimed and that plaintiff’s condition did not prevent him from returning to work. Jury determined that plaintiff’s damages totaled $1,290.
Location: Lancaster County, Pennsylvania
Case Name and Docket Number: Roddy-Duncan v. Martin, 2013-006626

Husband and Wife Injured in Side-Impact Collision

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $1,500
Case Summary: Plaintiff was driving on a westbound Road, near its intersection. His wife was a passenger. As the vehicle proceeded through the intersection, its passenger side was struck by a vehicle that was being driven by defendant. Both plaintiffs claimed soft tissue neck and back injuries. Plaintiffs claimed that defendant ignored a stop sign that governed his entrance to the intersection. Defendant conceded liability. The trial addressed damages. Two weeks prior to the accident, plaintiff’s wife had undergone neck surgery that included a discectomy, which is the excision of an intervertebral disc; fusion of her spine; and implantation of a fixation plate at C5-6 level. She claimed that the instant accident caused a flexion-extension sprain of the cervical portion of her spine. Defense counsel contended that plaintiffs’ injuries preexisted the accident. Jury found that the plaintiffs’ damages totaled $3,000.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Horick v. Bryant, GD-03-020509

Red Light Runner Liable for Broadside Collision

Type of Injury: Head injury-lacerations with a two-inch scar at the hairline; soft tissue neck injuries
Award/Settlement Amount: $2,500
Case Summary: Defendant was operating her vehicle and ran a red light at an intersection when she struck the plaintiff’s vehicle broadside while traveling 30-40 m.p.h. The defendant had just come to the aid of a woman who was being assaulted by her husband, co-defendant, and was rushing the woman to the hospital. Co-defendant was pursuing defendant’s vehicle at the time of impact. Plaintiff’s Motion for Directed Verdict on liability was granted and the case went to the jury on the issue(s) of proximate cause and/or damages. Plaintiff claimed she suffered lacerations with a two inch scar at the hairline and soft tissue neck injuries. Jury determined that plaintiff’s damages totaled $2,500.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Samson v. Moore, GD-14-013726

Both Drivers Liable for Side-Impact Intersection Collision

Type of Injury: Plaintiff 1-back injury: L4-5 disc bulge. Plaintiff 2-neck injury- C5-6 disc herniation
Award/Settlement Amount: $4,000
Case Summary: Plaintiffs were both passengers in a minivan driven by their father, defendant. Their van was struck on the front driver’s side by the front passenger’s side of a vehicle driven by co-defendant. The accident occurred at a section of road made up of seven northbound lanes and seven southbound lanes, with grass medians dividing every three lanes. The van was in the center lane of the inner northbound lanes, and part of a multi-vehicle funeral procession enroute to a nearby cemetery. Plaintiff1 suffered L4-5 disc bulge. Plaintiff2 suffered C5-6 disc herniation. Co-defendant denied the allegations, asserting that she had a green light at the time of the accident. Defense radiologist identified plaintiff1’s disc bulge as degenerative, and that plaintiff2’s herniated disc was pre existing. Jury awarded plaintiff1 $2,000 and plaintiff2 $4,000, finding defendant was 40% negligent and co-defendant 60%.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Baldwin v. Dotts, 80600743

Plaintiff Found Partially Liable for Broadside Collision

Type of Injury: Neck injury-disc bulges from C2-3 to C6-7
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was driving a car westbound, when her vehicle broadsided the middle passenger’s side of a vehicle operated by defendant, who was turning left at an intersection, which did not have any traffic controls or stop signs. At trial, plaintiff’s counsel argued that defendant negligently turned in front of plaintiff, who had the right of way. Defendant testified that, prior to making the left turn, he ensured that the distance was clear to do so and did not see the plaintiff while checking. Plaintiff presented to an emergency room, complaining of pain in her neck. An MRI showed disc bulges from C2-3 to C6-7. Defense radiologist expert opined that plaintiff’s injuries were pre-existing due to a prior motor-vehicle accident. Jury found defendant 52-percent and plaintiff 48-percent liable for negligence. Plaintiff was awarded $5,000.
Location: Delaware County, Pennsylvania
Case Name and Docket Number: White v. Chavous, 08-55040

Arbitration Award for Side-Impact Crash Injuries

Type of Injury: Closed head injury
Award/Settlement Amount: $10,374
Case Summary: Plaintiff was traveling in the right eastbound lane of Avenue A, when he broadsided the passenger’s side of a vehicle operated by defendant. Prior to the collision, defendant was stopped in the westbound left lane of Avenue A (the roadway had two lanes on each side), waiting to make a left turn into the mid-block parking lot of a bank. Defendant claimed that an unidentified driver, in the left lane of eastbound Avenue A, stopped and signaled for defendant to make his turn, and then the collision with plaintiff occurred as defendant attempted to complete the turn. Plaintiff broke his glasses upon impact. He was diagnosed with a closed head injury. Defendant stipulated to liability, but argued that plaintiff’s injuries were caused by a prior accident. At arbitration, plaintiff was awarded $10,374.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Naymit v. DiRugeris, 81204493

Drivers Equally At Fault for Side-Impact Collision

Type of Injury: Back injury-Herniated Disc at L2-3; Neck injury-disc protrusions at C4-5 and C5
Award/Settlement Amount: $11,929
Case Summary: Plaintiff was driving a car near an intersection. She alleged that as she was stopped at the stop sign for the intersection, a motorist who appeared to be stopped prior to executing a left turn motioned to her to proceed through the intersection by waving at her. As plaintiff entered the intersection, she claimed, the front of her car collided with the front passenger-side wheel axle of a minivan being operated by defendant. Plaintiff claimed that she suffered a lumbar-disc herniation at L2-3 and protrusions at C4-5 and C5-6 due to the accident. Defense asserted that plaintiff had a stop sign against her, defendant had the right of way. Jurors determined that plaintiff and defendant each had been 50% negligent with respect to the accident, awarding plaintiff damages totaling $11,928.84.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Durham v. Thompson, 110500501

Bench Trial Awards Plaintiff in Side-Impact Crash Case

Type of Injury: Soft tissue neck and lower back injuries
Award/Settlement Amount: $12,500
Case Summary: Plaintiff was driving a car at an intersection. The intersection was controlled by four-way stop signs. Plaintiff alleged that after stopping at the stop sign, she entered the intersection, at which time the front passenger-side corner of an oncoming truck struck the left side of her car. The truck was being driven by defendant. During a bench trial, plaintiff maintained that defendant had improperly entered the intersection, thereby causing the accident. Defense claimed the accident was the fault of plaintiff. Plaintiff claimed she sustained neck and lower back pain with decreased range of motion. Defense maintained that there was no medical evidence that plaintiff suffers from a disc herniation, and that her own physicians have conceded that she has degenerative disc disease. The court found in favor of plaintiff in the amount of $12,500.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Kosova v. Ottaway, 110501893

Moderate Injury Case Examples

Moderate car accident injuries can include concussions, extensive soft-tissue injuries, simple fractures, herniated or bulging discs, and other neck and back injuries that may have residual effects. Victims may be left with some permanent effects, and take months to reach maximum medical improvement.

Driver Admits Fault for Side-Impact Collison

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $13,900
Case Summary: Plaintiff was traveling southbound on Route A. Defendant pulled out from a parking lot off Route A south and attempted to turn left onto northbound Route A. Plaintiff was in the left passing lane when the front passenger’s side of his car struck the front driver’s side panel of defendant’s SUV. Defendant stipulated to liability and the case was tried on the plaintiff’s alleged injuries and damages. Plaintiff, who was diagnosed with soft tissue neck and back injuries, began a series of different treatments and medications for a growing number of complaints that he claimed were caused by this accident. Defense physiatrist said that at most the subject accident aggravated an underlying, degenerative condition from which plaintiff suffered well before the collision. Jury found defendant’s negligent a factual cause of harm to plaintiff, who was awarded $13,900.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Foschia v. Myers, GD-06-019363

Broadside Injury Victim Loses Credibility

Type of Injury: Shoulder injury-strained rotator cuff
Award/Settlement Amount: $21,900
Case Summary: Plaintiff was operating a vehicle in a westerly direction on Route A. Defendant pulled out from a stop sign on a side street intending to make a right turn. He was unable to complete his turn due to heavy traffic, requiring him to stop across two lanes of travel. Plaintiff subsequently broadsided defendant’s vehicle. Plaintiff allegedly that defendant was negligent in failing to yield the right-of-way. Plaintiff further claimed he suffered a strained rotator cuff in shoulder. The defense contended that plaintiff was contributorily negligent in traveling at an excessive rate of speed. Jury returned a plaintiff verdict for $21,900. Per plaintiff’s counsel, plaintiff made a lost wages claim of $14,000 which was not supported by evidence. He was employed in several odd jobs which were not shown on his tax return. Jury believed plaintiff was dishonest.
Location: Delaware County, Pennsylvania
Case Name and Docket Number: Corbett v. Miller, 2006-1549CD

Tow Truck Driver Liable for Side-Impact Crash

Type of Injury: Shoulder injury-a torn left rotator cuff; Neck injury- two cervical herniated discs
Award/Settlement Amount: $24,000
Case Summary: Plaintiff was operating a vehicle heading west toward an intersection. At the same time, defendant was eastbound in a tow truck approaching the intersection. Plaintiff alleged that both vehicles came to stop at a red light at the intersection. Plaintiff had his turn signal on and intended to turn left. When the light turned green, defendant remained idle, causing plaintiff to assume that defendant was permitting him to make the turn. Plaintiff claimed that when he made the turn, defendant accelerated and broadsided his car on the passenger’s side. Defendants denied the allegations. Defense counsel contended that plaintiff was negligent for making a left turn in front of defendant, who had the right of way. Plaintiff was diagnosed with a torn left rotator cuff and two cervical herniated discs. Jury found 100% negligence against defendant and awarded plaintiff $24,000.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Silva v. Thomas, 011001362, 011001697

Shared Fault for Broadside Collision Injuries

Type of Injury: Soft tissue neck and back injuries; a right knee injury requiring surgery
Award/Settlement Amount: $36,000
Case Summary: Plaintiff claimed that while he was driving his car southbound, defendant was driving northbound on that same road. According to the complaint, defendant attempted to make a left-hand turn at an intersection, failing to give plaintiff the right of way, causing a broadside collision between the vehicles. Plaintiff asserted a claim for soft tissue neck and back injuries, and a right knee injury that required surgery. According to defendant’s pretrial memorandum, liability was an issue to be litigated, with both parties claiming that the other had run a red light at the intersection. The matter proceeded to a jury trial. Jury reached a verdict in plaintiff’s favor, finding defendant to be 80 percent negligent, and awarding plaintiff $36,000 for personal injuries and an additional $3,731.54 for property damage.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Jesz v. Good, GD-08-008772

Agreement Reached at Mediated Settlement Conference

Type of Injury: Soft tissue back and neck injuries
Award/Settlement Amount: $45,000
Case Summary: Plaintiff was driving his vehicle on a highway. He was traveling at approximately 40 to 50 mph when he was sideswiped by a vehicle driven by Defendant. Plaintiff’s vehicle then veered off the roadway and flipped over after hitting a telephone box. Plaintiff alleged defendant failed to maintain his own lane of travel and failed to maintain an assured clear distance between the two vehicles. Plaintiff also alleged soft tissue neck and back injuries which were directly related to the incident. Defendant argued that plaintiff was contributorily negligent in failing to control his vehicle and disputed the extent of plaintiff’s injuries. Plaintiff agreed to accept a $45,000 settlement. The settlement was reached during a settlement conference supervised by a federal magistrate acting as mediator.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Jones v. Hill, CI-17-00541

Defendant Liable for Side-Impact Collision Injuries

Type of Injury: Neck injury-cervical strains and a C5-6 annular tear; Back injury- thoracic and lumbar strains
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was driving a car, when the passenger side of her vehicle was struck by a vehicle that was driven by defendant, at an intersection. Plaintiff claimed that defendant caused the collision by failing to stop at the intersection. The case proceeded to trial on alleged injuries and damages after the defendant stipulated to liability. After the accident, plaintiff drove herself to an emergency room where she was treated and released. She subsequently followed up with her family doctor who diagnosed her with cervical, thoracic and lumbar strains and a C5-6 annular tear, and put her on a three-month course of physical therapy. As a possible cause of plaintiff’s complaints, defense pointed to a prior motor-vehicle accident. Jury found that defendant was fully liable for plaintiff’s injuries and awarded $50,000.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Lynch v. Gallant, 2:20-cv-05641-JDW

Broadside Crash Case Settles After Injury Dispute

Type of Injury: Neck injury-Herniated Disc at C3-4; Others-Aggravation of preexisting torn Meniscus in knee
Award/Settlement Amount: $60,000
Case Summary: Plaintiff was stopped at an intersection, waiting to make a left turn when defendant ran a red light at the intersection and broadsided the driver’s side of plaintiff’s vehicle. Defendant, who claimed that the sun glare obstructed her view of the red light, stipulated to negligence and the case was tried on alleged injuries and damages. Plaintiff, who had an extensive history of left knee problems consisting of six knee surgeries since childhood, began seeing a chiropractor for complaints of neck and left knee pain. The plaintiff was then referred to an orthopedic surgeon who diagnosed him with a herniated disc at C3-4 and a torn meniscus in the left knee, requiring surgery. Defendant’s orthopedic surgeon confirmed the plaintiff’s injuries, but testified that plaintiff required no ongoing formal care or therapy. The parties subsequently settled for $60,000.
Location: Montgomery County, Pennsylvania
Case Name and Docket Number: Degirolamo v. Nocton, 2008-16269

Judge Awards Plaintiff for T-Bone Collision Injuries

Type of Injury: Back injury-broad disc herniations at L3-4, L4-5 and L5-S1; Soft tissue neck and back injuries
Award/Settlement Amount: $60,000
Case Summary: Plaintiff was driving west on Avenue X crossing an intersection when defendant, heading north on Road B, drove through the stop sign and broadsided plaintiff in her vehicle’s driver side and rear door. The collision caused plaintiff’s SUV to spin 180 degrees before it came to a stop in the intersection. Plaintiff was taken via ambulance to nearby hospital and was then transferred to a Medical Center after experiencing heart palpitations. She was treated and released for soft-tissue injuries to her back and neck. Three months later, she was diagnosed with broad disc herniations at L3-4, L4-5 and L5-S1. The defense’s radiology expert, testified that plaintiff’s injuries were pre existing, prominent disc bulges, and were neither a serious impairment nor serious injury. The judge awarded plaintiff $60,000 following a bench trial.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Mingo v. Melone, 60200534

Side-Impact Collision Causes Body Function Impairment

Type of Injury: Back injury-lumbar disc protrusion at L5-S1 superimposed over degenerative changes, and lumbar radiculopathy
Award/Settlement Amount: $94,972
Case Summary: Plaintiff was driving his vehicle, when defendant, driving a pickup truck, turned left out of a parking and struck the middle/rear passenger’s side of plaintiff’s vehicle. The case was tried on alleged injuries and damages, as defendant stipulated to liability. Following the accident, began treatment, ultimately undergoing 57 hours of physical therapy over six months. During that time, an MRI showed a lumbar disc protrusion at L5-S1 superimposed over degenerative changes, and an EMG revealed lumbar radiculopathy. Defense maintained that plaintiff’s injuries were soft-tissue and that he was physically able to partake in all of his pre-accident activities with little to no adverse effect. Jury found that defendant’s stipulated negligence caused plaintiff to suffer a serious impairment of a body function and awarded him $94,972.11.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Foxx v. White, 80102538

Severe Injury Case Examples

Severe side-impact injuries can include disabling brain and spinal cord injuries, multiple fractures, internal injuries, and disfigurement. Many severely injured victims will never be able to return to their pre-accident occupations or activities of daily living.

T-Bone Collision with Broken Ribs, Punctured Lung, Lacerations

Type of Injury: Ribs injury-four fractured ribs; Others- a punctured lung, a fractured finger, multiple lacerations and loss of feeling in three fingers
Award/Settlement Amount: $116,000
Case Summary: Plaintiff and defendant were traveling on intersecting streets. Defendant ran a red light and broadsided plaintiff’s vehicle which was attempting to turn left with a green turn signal. The defense stipulated to admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff claimed that she suffered four fractured ribs, a punctured lung, a fractured finger, multiple lacerations and loss of feeling in three fingers as a direct result of the accident. The defense Counsel contended that plaintiff had no residual problems as a result of the fractured ribs and that plaintiff had essentially normal use of her hand. The jury returned a plaintiff verdict in the amount of $116,000
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Cloonan v. Thorpe, GD-03-016354; GD-02-004355

Defendant Found Liable for Side-Impact Collision Damages

Type of Injury: Neck and back injuries-trauma to the cervical, thoracic, and lumbar regions, which caused misaligned vertebrae, muscle strains, ligamentous, articular and discal sprains, nerve tissue irritation and joint dysfunction, resulting in weakening to plaintiff’s neck and back
Award/Settlement Amount: $150,000
Case Summary: Plaintiff was driving south. He decided to stop at a local convenience store, and so he turned into the designated left-turn lane, directly across from the entrance. As he turned into the market, his vehicle was struck by a northbound vehicle driven by defendant. Defendant denied negligence. She claimed that she had the right-of-way and plaintiff abruptly turned into her lane. Plaintiff was diagnosed with severe trauma to the cervical, thoracic, and lumbar regions, which caused misaligned vertebrae, muscle strains, ligamentous, articular and discal sprains, nerve tissue irritation and joint dysfunction. Doctors also found traumatically induced weakening to plaintiff’s neck and back, which would likely cause recurrent pain and tenderness. Defense contested plaintiff’s claimed injuries, arguing that the soft-tissue injury did not require surgery or orthopedic therapy. Jury found defendant 100% at fault and awarded plaintiff $150,000.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Carey III v. Wehmeyer, 5001766

Speeding Driver Liable for Broadside Crash

Type of Injury: Head injury-a head concussion, loss of consciousness, headaches, and scalp laceration; others- left fractured fingers and back injuries
Award/Settlement Amount: $175,000
Case Summary: Plaintiff was stopped after dark at a red light at an intersection intending to make a left turn. When the left turn arrow turned green, plaintiff proceeded to the middle of the intersection. Plaintiff’s vehicle was then struck broadside by a vehicle operated by defendant at a speed of 40 m.p.h. The posted speed limit was 30 m.p.h. Plaintiff alleged that defendant was negligent in disregarding a red light and in speeding. Plaintiff further claimed he suffered a concussion, loss of consciousness, headaches, left fractured fingers, back injuries, and scalp laceration. Plaintiff’s injuries resulted in 25% permanent partial disability of left hand and 10% permanent partial disability of low back. Defendant contended that he entered the intersection on a yellow light and that plaintiff ran a red light. Jury found for plaintiff, awarding him $175,000.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Weisback v. Hanks, 2:09-cv-00238-RBS

Red Light Runner Admits Causing Broadside Collision

Type of Injury: Neck injury-cervical radiculopathy at C7, herniated nucleus pulposus at C6-7, disc bulges at C5-6 and C4-5; Back injury- disc protrusion lumbar at L5-S1; Others chronic cervicothoracic strain, chronic lumbosacral strain and chronic spinal pain syndrome
Award/Settlement Amount: $207,340
Case Summary: Plaintiff claimed that defendant driver ran a red light at an intersection and broadsided her vehicle. Plaintiff suffered cervical radiculopathy at C7, herniated nucleus pulposus at C6-7, disc bulges at C5-6 and C4-5, disc protrusion lumbar at L5-S1, chronic cervicothoracic strain, chronic lumbosacral strain and chronic spinal pain syndrome. The defense admitted negligence, but contended that the plaintiff’s injuries were unrelated to this accident. The jury found for the plaintiff and awarded $207,340 in damages. Breakdown: $4,423 in medical and miscellaneous expenses, $145,000 in lost wages, $50,000 in past, current and future pain and suffering and $7,917 in delay damages.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Jones v. Lichty, 02-06000

Distracted Driver Liable for T-Bone Crash Brain Injuries

Type of Injury: Head injury-subdural hematoma, traumatic brain injury, amnesia and cognitive brain issues
Award/Settlement Amount: $340,000
Case Summary: Plaintiff was operating his vehicle through an intersection on a green. A private ambulance service van owned by defendant entered the same intersection and struck plaintiff’s vehicle broadside. Evidence later revealed that defendant’s driver was not on an emergency call, but was distracted either by a cell phone or another electronic device and did not notice the red light at the intersection. Plaintiff’s vehicle was totaled and the “jaws of life” had to be used to free him. He was life-flighted to a local hospital, where it was determined he had suffered a brain bleed from a subdural hematoma and was diagnosed with a traumatic brain injury. Plaintiff was further diagnosed with amnesia and cognitive brain issues. The defense stipulated to negligence, but disputed the extent of plaintiff’s alleged cognitive disabilities. An Arbitrator awarded $340,000 to plaintiff.
Location: Lancaster County, Pennsylvania
Case Name and Docket Number: Rivera v. Hall, CI-16-00093

Side-Impact Collision Caused by School Bus

Type of Injury: Arm injury-exacerbation of a thoracic outlet syndrome injury to plaintiff’s right (dominant) arm
Award/Settlement Amount: $350,000
Case Summary: Plaintiff was driving her car. While plaintiff was stopped at a red light at an intersection, a school bus, which was operated by defendant, backed up to allow for a tractor-trailer to make a turn and struck the passenger’s side of plaintiff’s car. Plaintiff’s counsel argued that the defendants were fully liable for the collision because defendant was reversing the school bus when the accident occurred. The defense argued that, while defendant had reversed his vehicle into plaintiff’s car, the impact was minor. Plaintiff’s counsel contended that the accident exacerbated a thoracic outlet syndrome injury to plaintiff’s right (dominant) arm, which plaintiff had incurred seven years earlier. Counsel asserted that the exacerbated condition forced plaintiff to miss one year of work. The parties agreed to a $350,000 settlement.
Location: Philadelphia County, Pennsylvania
Case Name and Docket Number: Cassidy v. Lewis, 70801158

Broadside Crash Traumatic Injuries Case Settles

Type of Injury: Head injury-Closed head injury, post-traumatic seizure disorder and cognitive behavioral deficits; Others- benign positional vertigo, bilateral loss of smell (hyposmia), visual deficits, sleep apnea and headaches, and orthopaedic injuries to left lower extremity with permanent severe myofascial pain dysfunction and reflex sympathic dystrophy of lower left leg
Award/Settlement Amount: $3,475,000
Case Summary: Defendant was operating a truck owned by Defendant. Plaintiff was traveling on an intersecting street. Defendant ran a red light and broadsided plaintiff’s vehicle. Plaintiff claimed that he suffered a closed head injury and orthopaedic injuries in the collision, resulting in post-traumatic seizure disorder, cognitive behavioral deficits, benign positional vertigo, bilateral loss of smell (hyposmia), visual deficits, sleep apnea and headaches, and orthopaedic injuries to left lower extremity with permanent severe myofascial pain dysfunction and reflex sympathic dystrophy of lower left leg. The defense stipulated to admitted liability, but contended that the quality of plaintiff’s life could be improved and that plaintiff’s expert failed to calculate plaintiff’s future damages correctly. Jury awarded plaintiff $3,300,000. Defendants’ appeal was denied and the case then settled for $3.475 million.
Location: Allegheny County, Pennsylvania
Case Name and Docket Number: Steele v. Barr, GD-11-007075

Methodology

Average settlement amounts are drawn from our analysis of actual Pennsylvania side-impact accident cases. Each plaintiff in the sample group received a payout from a court award, arbitration award, or negotiated settlement.

Average settlements are calculated by adding the total payout in a group, then dividing by the number of cases in the group.