Look at payouts made to real South Dakota car accident victims. Find cases similar to yours.

More than 19,000 South Dakota traffic accidents occur each year, resulting in nearly 5,000 injuries and nearly 148 fatalities.¹

South Dakota is a traditional fault state for car accidents, meaning accident victims may pursue the at-fault driver for compensation.

The average car accident settlement in South Dakota for a moderate injury claim is $41,059. Average payouts range from $5,950 for minor injuries to $235,006 for severe injuries.

Average South Dakota Car Accident Settlement Amounts

We analyzed a group of injury lawsuits filed in South Dakota courts by car accident victims. The group includes mostly rear-end collisions. The accidents range from minor fender-benders to severe collisions involving commercial trucks. All plaintiffs received a payout from a jury verdict or an out-of-court settlement.

Average Payout by Severity of Injury
Minor Injury	$5,950
Moderate Injury	$41,059
Severe Injury	$235,006
Payout Range by Severity of Injury
Minor Injury	$550 - $12,692
Moderate Injury	$13,981 - $77,300
Severe Injury	$100,000 - $4,820,000

Types of Car Accident Injuries

Neck and back injuries are the most common type of injuries suffered in all kinds of motor vehicle accidents, followed by head injuries. Settlements and jury awards are meant to compensate for all the victim’s damages, including the significant pain and suffering that comes from severe injuries.

Average Neck and Back Injury Settlements
Minor Injury	$5,950
Moderate Injury	$41,059
Severe Injury	$235,006

How Car Accident Settlements Are Calculated

Attorneys, juries, and insurance adjusters largely base settlement value on the scope and severity of the claimant’s injuries.

An easy way to calculate a fair settlement amount for a minor to moderate injury claim is the multiplier method. Add up all your economic damages like medical bills, lost wages, and out-of-pocket expenses. Then add one to three times that amount for pain and suffering.

A multiple of one is reasonable for minor injuries, like spending a few days on the couch with a heating pad. A multiple of two or three is appropriate for injuries that have more of a negative impact on your life after the crash, like the broken leg that kept you home for hunting season.

Serious or complicated injury cases should always be handled by an experienced personal injury attorney. An attorney can locate vital evidence of fault, and hire medical and financial experts to prove the scope of injuries, lost earning capacity, and future costs. The attorney will also seek compensation for the intense pain and suffering that arises from serious injuries.

Other factors that affect injury payouts in South Dakota:

• Shared Fault – South Dakota allows allows you to seek compensation from the other party so long as you are only slightly to blame for the accident, compared to the other party. Your final compensation will be reduced by your percentage of fault.
• Auto Policy Limits – Anyone who owns or operates a vehicle in South Dakota must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, $25,000 for property damage, or provide other proof of financial responsibility.
• Multiple Claimants – When more than one person is injured in the same collision, there might not be enough liability coverage to fully compensate all victims.
• Uninsured/Underinsured Motorist Coverage – South Dakota requires auto policies to provide bodily injury uninsured motorist (UM) and underinsured motorist (UMI) coverage equal to the policy’s liability limits.
• Commercial Policies – Insurance policies for commercial vehicles like tractor-trailers and dump trucks carry higher liability limits than personal auto policies. Higher limits can mean higher payouts for severe injury claims.
• Punitive Damages – South Dakota allows punitive damages at the discretion of a jury with no caps on punitive damages when the at-fault party acted with malice.

Frequently Asked Questions

Minor Injury Case Examples

Minor car accident injuries are usually soft-tissue injuries like cuts, bruises, scrapes, and sprained or strained muscles and tendons. You might be too stiff and sore to work for a few days. Most people recover from minor injuries within a month.

Two-Month Delay Before Seeking Treatment

Type of Injury: Soft tissue neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $550
Case Summary: Plaintiff was a passenger in a motor vehicle that was stopped at a red light. While stopped, plaintiff’s host vehicle was rear-ended by a car driven by Defendant. Plaintiff waited two months before seeking medical treatment. Plaintiff claimed he suffered and continue to suffer from neck pain that limits his activities of daily living. Plaintiff’s treating orthopedist issued a report opining that the accident caused plaintiff’s claimed injuries. Defendant admitted liability, but argued plaintiff’s claimed injuries could not be causally related to the accident due to the delay in seeking treatment. Defendant contended the vehicles had little to no visible damage. Jury returned a verdict in favor of plaintiff, awarding him $ 550.
Location: Minnehaha County, South Dakota
Case Name and Docket Number: Christenson v. Bergeson, 23107

Award Limited to Emergency Room Expenses

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $954
Case Summary: Plaintiff was driving her vehicle and stopped for a red light at an intersection in a commercial area. While stopped, she was rear-ended by a vehicle driven by Defendant. Plaintiff sought emergency room treatment followed by physical therapy and chiropractic care. Liability was admitted. Plaintiff alleged the force of impact was sufficient to cause serious neck and back injuries with ongoing complaints of pain and stiffness. Plaintiff acknowledged preexisting spinal problems, but argued that this accident aggravated her condition. Defendant contended that plaintiff was not injured in this minor collision and any ongoing complaints were unrelated to the accident or were preexisting. A jury returned a plaintiff verdict in the amount of $ 954 for emergency room treatment only.
Location: Pennington County, South Dakota
Case Name and Docket Number: Bradley v. Deloria, 20372

Medical Records Revealed Unrelated Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $2,799
Case Summary: Plaintiff was operating her vehicle. Defendant failed to stop for a red light and rear-end plaintiff’s vehicle. Defendant admitted liability for the accident. Plaintiff alleged she sustained significant and permanent neck and back soft tissue injuries as a direct result of this accident. She argued that her injuries affected her employment and enjoyment of the activities of everyday life. Plaintiff’s chiropractor opined that plaintiff would incur future medical expenses due to the injuries. Defendant contended that this relatively minor accident could not have caused any serious injuries and that any injuries sustained should have resolved within a few weeks of the accident. Defendant argued that plaintiff’s medical records revealed unrelated personal injuries, which could have caused her complaints. Jury returned a $2,799 verdict for plaintiff.
Location: Minnehaha County, South Dakota
Case Name and Docket Number: Olson v. Slattery, 28911

Partial Permanent Disability Disputed

Type of Injury: Soft tissue neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $4,705
Case Summary: Plaintiff and Defendant were operating their vehicles in the same direction. Plaintiff came to a stop and her car was rear-ended by defendant’s vehicle. According to plaintiff, she sustained a soft tissue neck injury as a direct result of this accident. She treated with a physical therapist for about six months post-accident and claimed a 10% permanent disability. Defendant admitted liability, but contended that plaintiff was not injured to the extent she claimed. Jury awarded plaintiff $4,705.
Location: Hanson County, South Dakota
Case Name and Docket Number: Weber v. Rains, 28631

Defendant Argued Prior Accident and Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $4,982
Case Summary: Plaintiff was a passenger in a vehicle. Plaintiff’s host vehicle came to a stop at a red light and was rear-ended by a vehicle driven by Defendant. Plaintiff alleged the impact was sufficient to cause significant and ongoing soft tissue neck and back injuries. Liability for the accident was admitted by the defendant. Defendant however disputed that plaintiff was injured and contended that this minor accident did not cause plaintiff’s complaints. Defendant asserted that plaintiff failed to disclose he had been involved in a serious rollover accident and that he had complaints of chronic back pain for five years thereafter. Defendant further argued that plaintiff did not seek treatment for several weeks following this accident. Jury returned a $4,982 verdict for the plaintiff.
Location: Pennington County, South Dakota
Case Name and Docket Number: Dartt v. Berghorst, 17535

Plaintiff Shared Fault for Three-Car Collision

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $7,362
Case Summary: Plaintiff was operating her vehicle east. Defendant 1, was operating her own vehicle behind the plaintiff. At an intersection controlled by a traffic light, Defendant2 made a right turn from a red light in front of plaintiff’s oncoming vehicle. Plaintiff swerved to avoid a collision with Defendant2 and then came to a stop. There was no contact between plaintiff’s vehicle and Defendant2’s vehicle. However, plaintiff was rear-ended by Defendant 1. Defendant2 was an uninsured driver with no driver’s license and plaintiff was unable to locate her for trial. Plaintiff claimed she suffered soft tissue neck and back injuries. Defendant1 contended that the accident was the fault of Defendant2. Defendant1 also disputed the nature and extent of plaintiff’s injuries. Plaintiff was found to be 10% comparatively negligent and the verdict of $ 8,180 was reduced accordingly.
Location: Brookings County, South Dakota
Case Name and Docket Number: Leighton v. Bennett, 28626

Defendant Disputed Value of Injury Claim

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $7,815
Case Summary: Plaintiff and Defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff slowed to make a left turn and was rear-ended by defendant. Plaintiff alleged that defendant failed to: maintain a proper lookout; maintain a proper distance; and take evasive action to avoid striking the rear of plaintiff’s vehicle. Plaintiff claimed that she sustained soft tissue neck and back injuries as a direct result of this accident. Defendant denied liability for the accident. She asserted that plaintiff failed to use a turn signal and came to a sudden stop. Defendant also disputed the amount of damages claimed by plaintiff. At the conclusion of the case, defendant admitted liability for the accident but continued to dispute the value of the plaintiff’s claim. Jury awarded plaintiff $7,815.
Location: Minnehaha County, South Dakota
Case Name and Docket Number: Tammen v. Tronvold, 29114, 29138

Drivers Share Fault for Rear-End Accident on Wet Road

Type of Injury: Soft tissue back injury
Type of Accident: Rear-end
Award/Settlement Amount: $8,541
Case Summary: Plaintiff was traveling in her vehicle. She was in the right lane and was attempting to merge into the left lane when she was rear-ended by a vehicle driven by Defendant. It was raining at the time of the accident. Plaintiff noted that her turn signal was activated and defendant should have seen it. As a result of the collision, plaintiff claimed that she sustained soft tissue back injuries. Defendant contended that plaintiff stopped suddenly and he did not have adequate time to stop because of the wet road conditions. Defendant disputed that plaintiff’s back injury was related to the accident as she had been treated for lower back pain one month prior to the accident. A jury found plaintiff was 40% comparatively negligent for the accident, awarding her $8,541.
Location: Tripp County, South Dakota
Case Name and Docket Number: Murray v. Mansheim, 25097

Need for Future Pain Management Questioned

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $9,097
Case Summary: Plaintiff was driving her vehicle in a residential area. Plaintiff stopped for traffic to clear before making a left turn. While stopped, she was rear-ended by a car driven by Defendant. Plaintiff claimed significant neck and back soft tissue injuries as a direct result of this accident. Plaintiff claimed the need for future pain management. Defendant admitted liability for causing this accident and acknowledged that plaintiff may have sustained temporary neck and back injuries. However, defendant disputed that plaintiff had ongoing complaints or that she would need future pain management. The case was presented to a jury, who returned a $9,097 verdict for the plaintiff.
Location: Pennington County, South Dakota
Case Name and Docket Number: Bruening v. Miller, 6870

Shoulder Injuries Requiring Surgical Repair

Type of Injury: Soft tissue neck and back injuries;
Type of Accident: Rear-end
Award/Settlement Amount: $12,692
Case Summary: Plaintiff was driving her vehicle. She came to a stop and was rear-ended by Defendant. The impact pushed plaintiff’s vehicle into the rear of the car ahead of her. Plaintiff claimed a rotator cuff injury, as well as soft tissue and back injuries. She underwent two surgical repairs on her shoulder after the accident. She argued that the force of impact caused serious injuries, for which her treating orthopedist assigned her a 15% permanent partial disability rating to her shoulder and back. Defendant argued that plaintiff’s injuries did not arise from this accident. Defendant contended that plaintiff was involved in three prior automobile accidents which may have caused the serious shoulder and back complaints. The jury returned a $12,692 verdict in favor of plaintiff.
Location: Minnehaha County, South Dakota
Case Name and Docket Number: Lawler v. Zoellner, CIV 95-855

Moderate Injury Case Examples

Moderate car accident injuries include more extensive soft tissue injuries, simple fractures, herniated or slipped discs, and moderate concussions. Moderate injury victims may be out of work for several weeks or months, and may be left with residual effects.

Plaintiff In Two Later Accidents Before Trial

Type of Injury: Neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $13,981
Case Summary: Plaintiff and Defendant were driving west. Plaintiff suddenly stopped her car and was struck in the rear by Defendant’s vehicle. Plaintiff was later involved in two other motor vehicle accidents which were settled prior to this trial. Plaintiff alleged Defendant was negligent in failing to maintain an assured clear distance ahead and keep a proper lookout. She claimed she sustained disabling cervical and lumbar injuries from the impact and treated with a physical therapist for five months after the accident. Defendant admitted liability, but disputed plaintiff’s injuries were caused by this accident. He argued that the injuries were caused by plaintiff’s subsequent accidents. The jury returned a verdict of $7,000 to compensate plaintiff for her past medical expenses and an additional $6,981 for her pain and suffering.
Location: Pennington County, South Dakota
Case Name and Docket Number: Cameron v. Osler, 28751

Hit and Run Victim Sues His Insurance Company

Type of Injury: Low back injury
Type of Accident: Rear-end
Award/Settlement Amount: $16,651
Case Summary: Plaintiff was operating a vehicle. He came to a stop at a stop sign and was rear-ended by a Nissan. The force of the collision pushed plaintiff’s vehicle into the intersection where he collided with a third vehicle. Plaintiff’s vehicle sustained minor front-end damage and moderate damage to the rear. The driver of the Nissan fled the scene of the accident and was never identified. Therefore, plaintiff pursued this claim against his uninsured motorist carrier, Defendant, which admitted liability. Plaintiff alleged that he suffered significant injuries as a direct result of this accident, including a permanent injury to the low back. Defendant disputed the value of plaintiff’s damages. The jury deliberated for 1 1/2 hours before returning a plaintiff verdict for $12,917 plus interest and costs for a total judgment of $16,651.
Location: Codington County, South Dakota
Case Name and Docket Number: Cordell v. Allstate, 9913

Defendant Was a No-Show for Trial

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $20,000
Case Summary: Plaintiff was operating her motor vehicle. Defendant was operating his own vehicle in the same direction as the plaintiff. The plaintiff came to a stop and was rear-ended by defendant’s vehicle. Plaintiff alleged that she sustained neck and back injuries as a result of the collision. Plaintiff’s expert reported that plaintiff sustained a 10% permanent impairment of the lumbar spine. Defendant admitted liability and did not appear for trial. However, his attorney argued that plaintiff was not injured to the extent she claimed and disputed the value of plaintiff’s damages. Jury awarded plaintiff $20,000. The net award after a setoff of $1,000 for outstanding past medical bills was $19,000.
Location: Minnehaha County, South Dakota
Case Name and Docket Number: Nicolay v. Stukel, 27813, 27825

Award for Extensive Soft-Tissue Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $31,648
Case Summary: Plaintiff and Defendant were operating their vehicles in the same direction on the same road. As they approached a traffic light, plaintiff came to a complete stop. Defendant failed to stop and struck the rear of the plaintiff’s vehicle. Weather conditions were not a factor in the accident. Plaintiff’s vehicle sustained property damage in the amount of $300. Plaintiff alleged that she suffered soft tissue neck and back injuries as a direct result of the accident. Defendant admitted liability, but disputed the plaintiff’s injuries. Defendant contended that plaintiff was not injured to the extent she claimed. Jury awarded plaintiff $31,648.
Location: Minnehaha County, South Dakota
Case Name and Docket Number: Deet v. Koch, CIV-11-002883

Nature and Extent of Plaintiff’s Injuries Disputed

Type of Injury: Soft tissue neck and back injuries; Shoulder injury-rotator cuff injury
Type of Accident: Rear-end
Award/Settlement Amount: $40,000
Case Summary: Plaintiff and Defendant were operating their vehicles in the same direction. As they approached an intersection controlled by a traffic light, defendant failed to stop and struck the rear of the plaintiff’s vehicle. Plaintiff claimed that she suffered soft tissue neck and back injuries as a direct result of the accident. Defendant did not admit liability, but did not vigorously dispute it. However, defendant disputed the nature and extent of plaintiff’s injuries. Jury returned a plaintiff verdict for $40,000.
Location: Minnehaha County, South Dakota
Case Name and Docket Number: VanPelt v. Sandoval, Civil 07-122

Plaintiff Accused of Exaggerating Extent of Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $42,900
Case Summary: Plaintiff was slowing to make a right turn into a private driveway when defendant rear-ended her vehicle. Plaintiff’s vehicle sustained $2,000 in property damage. Plaintiff had been involved in another motor vehicle accident three days prior to the subject accident. Plaintiff alleged that she suffered soft tissue neck and back injuries as a direct result of the accident. Defendant contended that plaintiff’s injuries were proximately related to the prior accident and that plaintiff was exaggerating the extent of her injuries. The jury awarded plaintiff $42,900: $2,900 past medicals and $40,000 pain and suffering.
Location: Minnehaha County, South Dakota
Case Name and Docket Number: Barger v. Cox, 14422

Award to Front Seat Passenger with Neck Injury

Type of Injury: Soft tissue neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $45,781
Case Summary: Plaintiff was a front seat passenger in a motor vehicle which was rear-ended by defendant motorist. Liability was admitted. Plaintiff alleged that he suffered a permanent neck injury that would require occasional future treatment and that the neck injury was caused by the accident. Defendant contended that the accident caused minimal property damage and plaintiff was not injured to the extent he claimed. Also, defendant argued that plaintiff’s injury was merely soft tissue and there was an underlying arthritic condition that was responsible for plaintiff’s complaints. A jury deliberated for about 1 hour before returning the verdict for the plaintiff for $40,000 plus interest for a total judgment of $45,781. Defendant’s motion to set aside the verdict was denied.
Location: Hughes County, South Dakota
Case Name and Docket Number: Koenig v. Weber, 10499

Aggravation of Preexisting Degenerative Spinal Condition

Type of Injury: Soft tissue back injuries; aggravation of a preexisting asymptomatic degenerative spinal condition
Type of Accident: Rear-end
Award/Settlement Amount: $59,844
Case Summary: Plaintiff was driving his vehicle. He was stopped in a line of traffic waiting for a vehicle to make a left turn and was rear-ended by defendant motorist. The accident occurred just beyond a stop light in heavy traffic. The impact speed was approximately 30 mph. Defendant admitted liability and the case proceeded on the issue of damages only. Plaintiff alleged that he suffered soft tissue lumbar back injuries in the accident, which aggravated a pre existing asymptomatic degenerative spinal condition unknown to him prior to this accident. Defendant contended that plaintiff’s complaints were attributable to his pre existing spinal condition, which was unrelated to this accident. Jury awarded plaintiff $59,844. Per plaintiff attorney, plaintiff’s wages were difficult to determine because he was paid by the piece rather than at an hourly rate.
Location: Minnehaha County, South Dakota
Case Name and Docket Number: Ohman v. Smith, 14CIV13-459

Co-Defendant Failed to Respond to Complaint

Type of Injury: Soft tissue neck, shoulder and back injuries.
Type of Accident: Rear-end
Award/Settlement Amount: $62,485
Case Summary: Plaintiff was traveling south. She stopped prior to turning into a parking lot and was rear-ended by a vehicle driven by Defendant. Defendant 2, was the owner of the vehicle. Plaintiff claimed she suffered permanent soft tissue injuries to her neck, shoulder and back, resulting in muscle spasms. Defendant2 did not file a response to plaintiff’s complaint. Defendant denied negligence with regard to the accident and disputed the extent of plaintiff’s damages. Jury sided with plaintiff, awarding her $62,485.
Location: Lincoln County, South Dakota
Case Name and Docket Number: Ivarsen v. Bartling, CIV-14-000047

Injured Teen Passenger Delayed Medical Treatment

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $77,300
Case Summary: Plaintiff, age 17, was a passenger in a vehicle driven by Defendant 1. Their vehicle was rear-ended at a stop light by a vehicle driven by Defendant 2. Defendant1 was dismissed, and the case proceeded against Defendant2 only. Plaintiff claimed that she sustained soft tissue neck and back injuries as a direct result of this accident. Defendant disputed liability until finally admitting at trial that he was not paying attention, and had looked the other way before striking the plaintiff’s host vehicle. However, he claimed that this was a minor accident and plaintiff’s complaints preexisted this accident. He asserted that plaintiff did not seek treatment from a medical doctor for seven months following the incident. Plaintiff was awarded $77,300 by a jury.
Location: Codington County, South Dakota
Case Name and Docket Number: Lenards v. Deboer, 27191

Severe Injury Case Examples

Victims of severe car accidents often suffer multiple injuries, such as extensive bone fractures, internal bleeding, traumatic brain injuries, and spinal cord damage.

Severely injured victims may not be able to return to their pre-accident activities or employment, and some are left with permanent impairments.

Defendant Blames Rear-End Crash on Icy Road

Type of Injury: Back injury-bulging lumbar discs
Type of Accident: Rear-end
Award/Settlement Amount: $100,000
Case Summary: Plaintiff, who was operating his vehicle, came to a stop at a red light. Defendant, who was operating her own vehicle, attempted to stop behind plaintiff but slid on a patch of ice, rear-ending plaintiff. Plaintiff alleged that defendant failed to keep a proper lookout and maintain an assured clear distance. Plaintiff also claimed that he suffered significant injuries, including bulging lumbar discs as a direct result of this accident. Defendant contended that she acted reasonably and attempted to stop but was unable to because of ice on the roadway. Further, defendant argued that plaintiff’s injuries were not causally related to this accident. Parties later reached settlement for $100,000 policy limits.
Location: Minnehaha County, South Dakota
Case Name and Docket Number: Joseph v. Kerkvliet, 21988

Traffic Stopped on Hilly and Winding Road

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $108,000
Case Summary: Plaintiff, age 75, was driving his vehicle. The road was hilly and winding where plaintiff stopped for traffic. While stopped, he was rear-ended by a vehicle driven by Defendant. Defendant admitted he struck plaintiff’s vehicle in the rear. Plaintiff claimed he suffered neck and back soft tissue injuries as a direct result of the accident. He asserted that his cervical injury resolved, but he had extended low back problems that required acupuncture and massage therapy. Defendant contended he was faced with a sudden emergency as traffic had stopped around a curved and hilly section of the road and he had no time to stop. Defendant claimed this accident was not the proximate cause of plaintiff’s alleged injury. A jury awarded the plaintiff $108,000, primarily for his medicals.
Location: Pennington County, South Dakota
Case Name and Docket Number: Fritz v. Howard, 19935

Crash Caused Aggravation of Preexisting Disc Problem

Type of Injury: Aggravation of a pre-existing lumbar herniation at L5-S1
Type of Accident: Rear-end
Award/Settlement Amount: $161,000
Case Summary: Plaintiff was traveling south. His vehicle was struck from behind by an automobile operated by Defendant. The accident happened in a section of roadway with two lanes in each direction on the divided highway. There was construction in the area and plaintiff was yielding to the workers at the time of the accident. The speed limit was 55 mph and it was estimated that defendant was traveling 10 to 20 mph when he collided with plaintiff. Plaintiff claimed the collision caused aggravation of a pre existing lumbar herniation at L5-S1 that resulted in more severe pain. Defendant driver admitted liability for the accident. The jury awarded plaintiff $161,000 after deliberating 2 hours.
Location: Brookings County, South Dakota
Case Name and Docket Number: Waldner v. Berglund, 24762, 24775

At-Fault Driver Was Using Dad’s Vehicle

Type of Injury: Neck injury-Bulging disc at C5-C6
Type of Accident: Rear-end
Award/Settlement Amount: $170,000
Case Summary: Plaintiff stopped her car for a red light. Her car was rear-ended by a vehicle driven by Defendant 1, who was driving an automobile owned by his father, Defendant 2. Four months after the wreck, an MRI revealed that plaintiff suffered a bulging cervical disc at C5-C6. She sought combined treatment for three years from a general practitioner, chiropractor and physical therapist. Plaintiff eventually saw a neurologist who said her condition was permanent. Another neurologist, who testified as an expert at trial after treating her, assigned an 8% permanent partial disability to the back. Defendant driver admitted liability and did not testify. Damages were disputed. A jury awarded plaintiff $170,000 against both defendants.
Location: Pennington County, South Dakota
Case Name and Docket Number: Corcoran v. McCarthy, 25048

Case Settled On Second Day of Trial

Type of Injury: Back injury-Herniated discs in the lumbosacral region of back
Type of Accident: Rear-end
Award/Settlement Amount: $200,000
Case Summary: Plaintiff had stopped his pickup truck at a stop light when it was rear-ended by a car driven by the defendant. Plaintiff alleged that: the accident resulted in his development of a herniated disc (possibly two) in the lumbosacral region approximately one year after the accident; disc(s) caused pain and required an extended period of hospitalization; and the impact was great enough for the defendant to break his windshield with his head. Defendant contended that the plaintiff had started up from the stop light and then stopped suddenly in front of the defendant making it an unavoidable collision. Further, the defendant was only going 2 m.p.h. at the time of impact. Case settled on second day of trial for $200,000.
Location: South Dakota
Case Name and Docket Number: Doe v. Doe, 00000

Loss of Earning Capacity Resulted from Crash Injury

Type of Injury: Back injury-herniated lumbar disc
Type of Accident: Rear-end
Award/Settlement Amount: $305,558
Case Summary: Plaintiff was operating a vehicle. Defendant driver, who was operating a vehicle leased through Defendant 2, was traveling on the same road and in the same direction as the plaintiff. Defendant driver rear-ended plaintiff’s vehicle, which was stopped at a traffic light. Liability was admitted by the defendants. Plaintiff alleged that she suffered significant injuries including a herniated lumbar disc in back as a direct result of this accident. Plaintiff further claimed that his injuries forced him to perform lighter duty work which paid significantly less money and that he was entitled to compensation for a loss of earning capacity, and future pain and suffering. Defendants disputed the value of plaintiff’s lost earnings claim, as well as his claim for future pain and suffering. Jury awarded plaintiff $305,558 against both defendants.
Location: Gregory County, South Dakota
Case Name and Docket Number: Smizer v. Drey, 27192

Dump Truck Driver Liable for Permanent Neck Injury

Type of Injury: Permanent neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $325,000
Case Summary: Plaintiff was stopped in a line of traffic at a red light. Defendant, who was operating a dump truck, struck the rear-end of plaintiff’s automobile. Plaintiff was taken to the hospital and subsequently presented to orthopedic surgeons on two occasions. Plaintiff sought further treatment and ultimately underwent a double cervical discectomy with bone fusion using bone from her hip, resulting in permanent loss of use and function of neck. Defendant admitted liability, but contended that plaintiff’s injuries had fully resolved four weeks after the accident and that plaintiff’s injuries were proximately caused by a “morning stretching in bed” and a subsequent rear-end collision in a church parking lot one year after the accident. Jury awarded plaintiff $325,000 plus interest.
Location: Pennington County, South Dakota
Case Name and Docket Number: Rothluebbers v. Obee, 22527, 22528

Tractor Trailer Collision at Highway Speeds

Type of Injury: Neck and Back injuries- Cervical and lumbar bulges
Type of Accident: Rear-end
Award/Settlement Amount: $345,000
Case Summary: Plaintiff was driving her vehicle when she was rear-ended by a tractor-trailer driven by Defendant. Defendant was traveling 55 to 60 mph when he moved from the left lane to the right lane and struck the rear of plaintiff’s vehicle. Defendant’s employer was Defendant 2. Liability was admitted by defendants on the eve of trial and the case proceeded on the issue (s) of damages only. Plaintiff alleged that she sustained serious permanent cervical and lumbar bulges as a direct result of this accident, and sought economic and non-economic damages. Defendants contended that plaintiff exaggerated her injuries and had recovered. Defendants noted that Plaintiff was able to return to work and was able to continue with normal life activities. The jury awarded plaintiff $345,000.
Location: Minnehaha County, South Dakota
Case Name and Docket Number: Pearson v. O’Neal-Letcher, 24233

Passenger Suffers Herniated Disc and Chronic Pain

Type of Injury: Back injury-herniated disc at L4-L5
Type of Accident: Rear-end
Award/Settlement Amount: $400,500
Case Summary: Plaintiff was a passenger in a vehicle driven by a non-party. Defendant failed to yield the right of way at an intersection and rear-ended plaintiff’s host vehicle. Plaintiff alleged that defendant was negligent in failing to keep a proper lookout and in failing to maintain proper control of her vehicle. Plaintiff further alleged that he suffered a herniated disc at L4-L5, resulting in permanent disability with continuing pain as a direct result of the collision. Defendant admitted liability, but contended that plaintiff’s injuries were not injured in the collision. Jury awarded plaintiff $400,500.
Location: Pennington County, South Dakota
Case Name and Docket Number: Jensen v. Kasik, 24800

Broken Neck Resulting in High-Level Quadriplegia

Type of Injury: Back injury-comminuted fractures of the cervical spine, permanent damage to the spinal cord resulting in quadriplegia
Type of Accident: Rear-end
Award/Settlement Amount: $4,820,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the center lane of a westbound route. As the vehicles approached an entrance ramp, Defendant struck plaintiff’s vehicle in the rear, pushing it into and under a truck ahead. Plaintiff’s vehicle sustained significant property damage. Plaintiff suffered comminuted fractures of the cervical spine, permanent damage to the spinal cord resulting in high level quadriplegia. Parties reached a mediated settlement of $4,820,000.
Location: Minnehaha County, South Dakota
Case Name and Docket Number: Loen v. Anderson, 23109

Methodology

We analyzed a group of South Dakota lawsuits filed by plaintiffs injured in motor vehicle accidents. Plaintiffs include drivers and passengers, and all were injured in rear-end collisions. All plaintiffs in the group received a final payout from a jury award or out-of-court settlement.

A hit-and-run victim had to sue his own insurance company to get a fair uninsured motorist payout.

The Award amount reflects the base payout paid to one individual plaintiff after a reduction for shared fault, if applicable.

Cases include collisions involving cars, trucks, and tractor-trailers, with injuries ranging from soft-tissue injuries to a catastrophic spinal cord injury.