See actual payouts made to real Vermont car accident victims. Look for cases similar to yours.

Approximately 4,000 people are injured in Vermont vehicle accidents each year. Of those, 60 suffer fatal injuries.¹

The average car accident settlement in Vermont for a moderate injury claim is $44,920. Average payouts range from $7,731 for minor injuries to $252,637 for severe injuries.

Average Vermont Car Accident Settlement Amounts

We analyzed a group of lawsuits filed in Vermont courts by injured car accident victims. The group reflects primarily rear-end collisions, from minor fender-benders to multi-vehicle collisions. All plaintiffs received a jury verdict, an arbitration verdict, or settled the case before trial.

Neck and back injuries are the most common type of injuries suffered in all kinds of motor vehicle accidents, followed by head injuries.

Average Payout by Severity of Injury
Minor Injury	$7,731
Moderate Injury	$44,920
Severe Injury	$252,637
Payout Range by Severity of Injury
Minor Injury	$4,200 – $12,000
Moderate Injury	$20,000 - $79,700
Severe Injury	$125,000 - $1,500,000

How Car Accident Settlements Are Calculated

Insurance companies and injury attorneys base the value of an accident claim on the scope and severity of the victim’s injuries. An easy way to estimate your claim value is the multiple 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 to account for your pain and suffering.

A multiple of one is reasonable for minor injuries, like a stiff neck that kept you off work for a few days. A multiple of two or three is appropriate for injuries that interfered with your life for several weeks or months, like a broken leg that kept you housebound during the winter.

Severe injury claims should be handled by an experienced personal injury attorney to protect the victim’s best interests. An attorney will seek compensation for current damages, potential future costs, loss of earning capacity, and the significant pain and suffering from disabling or disfiguring injuries.

Other factors that affect injury payouts in Vermont:

• Shared Fault – Vermont is a 51 percent modified comparative fault state, meaning victims can seek compensation unless they are more to blame than the other party. The final compensation will be reduced by the shared percentage of fault.
• Auto Policy Limits – All motor vehicle owners and drivers in Vermont must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, and $10,000 for property damage.
• 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 – Vermont requires all vehicle owners and drivers to have uninsured motorist (UM) and underinsured motorist (UIM) coverage of at least $50,000 per person/$100,000 per accident for bodily injury or death, and $10,000 for property damage.
• Commercial Policies – Insurance policies for commercial vehicles like tractor-trailers and buses carry higher liability limits than personal auto policies. Higher limits can mean higher payouts for severe injury claims.
• Punitive Damages – Vermont allows punitive damages when the jury finds the at-fault party had a willful intent to cause harm.

Frequently Asked Questions

Minor Injury Case Examples

Minor car accident injuries are usually limited to soft-tissue bumps, bruises, sprains and strains. Minor injury victims might be too sore to work for a few days, but should fully recover within a month.

Need for Chiropractic Treatment Challenged

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $4,200
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction on same Route. Plaintiff came to a stop at a red light and was rear-ended by the defendant. Plaintiff’s vehicle sustained property damage of $1,200. The damage to defendant’s vehicle was in the sum of $350. Liability was admitted. Plaintiff alleged that she suffered soft tissue neck and back injuries and her chiropractic treatment was necessary and reasonable. Defendant contended that plaintiff’s chiropractic treatment was unnecessary. In support, the defendant pointed out that plaintiff’s treating physician and an orthopedist recommended at-home exercises, but did not recommend chiropractic treatment. The jury deliberated for about 90 minutes before returning the verdict of $4,200 for plaintiff.
Location: Washington County, Vermont
Case Name and Docket Number: Lobello v. Nicholson, 586-11-01 Wncv

Preexisting PTSD and Tourette’s Worsened by Rear-End Crash

Type of Injury: Neck injury-Aggravation of preexisting cervical condition; aggravation of preexisting post traumatic-stress disorder (PTSD) and Tourette’s Syndrome
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was driving her vehicle in traffic. She came to a stop in traffic and was rear-ended by a vehicle driven by Defendant. According to defendant, she was distracted by police cars responding to an emergency. This was a moderate speed accident. Plaintiff argued that the impact was sufficient to cause aggravation of an underlying cervical condition and post-traumatic stress disorder, as well as preexisting Tourette’s syndrome. Defendant did not vigorously dispute liability, but did argue that the emergency vehicles distracted her. Defendant contended that plaintiff suffered from preexisting conditions which were unrelated to this accident and any complaints were not caused by this impact. The jury returned a $5,000 verdict in favor of plaintiff.
Location: Windsor County, Vermont
Case Name and Docket Number: Thayer v. Herdt, 09–243

Low-Impact Crash Aggravated Prior Back Problems

Type of Injury: Neck injury-Herniated cervical disc at C3-C4; aggravation of a preexisting neck and back condition (protruding disc)
Type of Accident: Rear-end
Award/Settlement Amount: $6,690
Case Summary: Plaintiff was driving his vehicle. He stopped for a red light at an intersection, where he was rear-ended by a vehicle driven by Defendant. Defendant admitted liability for the accident. Plaintiff alleged a cervical disc herniation at C3-C4 which may require future surgery as a direct result of this accident. Plaintiff, had undergone cervical disc fusion surgery prior to this accident at a different level. Defendant contended that this was a minor accident as evidenced by little property damage to plaintiff’s vehicle. He also argued that plaintiff had preexisting neck and back problems, which were degenerative and work-related in nature. Defendant maintained that plaintiff’s complaints were unrelated to this accident. Jury awarded plaintiff $ 6,690.
Location: Grand Isle County, Vermont
Case Name and Docket Number: Civetti v. Turner, 19-036

Award Limited to Initial Treatment Costs

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $6,800
Case Summary: Plaintiff was driving when her car. She came to a stop for a red light and was rear-ended by a vehicle driven by Defendant. Defendant admitted he struck the rear of plaintiff’s car, but disputed the extent of continuing injuries. Plaintiff alleged the impact was sufficient to cause serious neck and back injuries which required initial emergency room treatment. However, she claimed she continued to suffer pain and underwent extensive chiropractic treatment followed by epidural injections for pain associated with this collision. Defendant contended this low speed accident did not cause plaintiff’s continuing problems. Defendant argued that, if plaintiff was injured, she should have recovered in six to eight weeks. The jury awarded $ 6,800 to plaintiff for her initial treatment only.
Location: Franklin County, Vermont
Case Name and Docket Number: Miller v. White, 06-310

Four-Car Crash Aggravated Disc Disease

Type of Injury: Soft tissue neck injury; aggravation of preexisting cervical disc disease
Type of Accident: Rear-end
Award/Settlement Amount: $7,000
Case Summary: Plaintiff was driving his vehicle when he came to a stop at an intersection controlled by a traffic light. Three vehicles behind him also came to a stop. Defendant was unable to stop her vehicle in time and struck the rear of the fourth vehicle in line, thereby causing a rear-end chain reaction accident. Plaintiff claimed soft tissue neck injuries, as well as an aggravation of a pre existing neck condition. He required fusion surgery following this accident. Plaintiff alleged that his injuries and the need for fusion surgery were directly related to this accident. Defendant admitted liability for this accident, but claimed that this was a minor impact and plaintiff’s need for fusion surgery preexisted this accident. The jury returned a verdict in favor of plaintiff in the amount of $ 7,000.
Location: Washington County, Vermont
Case Name and Docket Number: Messier v. Bushman, 17-345

Plaintiff Allegedly Double-Parked in Roadway

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $7,115
Case Summary: Plaintiff was stopped in his vehicle along the side of the road. Defendant, who was operating his own vehicle, struck the rear of plaintiff’s stopped car. Plaintiff alleged that defendant failed to keep a proper lookout, resulting in soft tissue neck and back injuries to the plaintiff. Defendant contended that plaintiff was illegally double parked along the side of the roadway and was therefore responsible for the accident. The jury deliberated for about 45 minutes before returning a verdict of $7,115 for plaintiff.
Location: Orleans County, Vermont
Case Name and Docket Number: Amiot v. Ames, 06-134

Disability Impairment from Prior Work Injury

Type of Injury: Neck injury-radiating arm pain, headaches
Type of Accident: Rear-end
Award/Settlement Amount: $9,000
Case Summary: Plaintiff was driving her vehicle and had slowed due to an accident ahead, when she was rear-ended by a vehicle driven by Defendant, and propelled into the vehicle to her right. Plaintiff claimed she sustained injuries to her neck resulting in radiating arm pain and headaches. Plaintiff acknowledged she had suffered a work injury for which she had a 55% whole body impairment and claimed that she was doing very well until this accident. She was involved in another motor vehicle accident nine months after this one, but did not make a claim for damages. Defendant disputed liability and contended that plaintiff’s injury claims were unrelated to this accident. Jury returned a verdict for plaintiff’s medicals in the amount of $ 9,000.
Location: Addison County, Vermont
Case Name and Docket Number: Andrews v. Stam, 06–354

Jury Denied Contributory Negligence Claim

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $9,500
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction on the same roadway. Plaintiff was slowing in heavy traffic when he was rear-ended by defendant. The force of the collision pushed plaintiff’s vehicle into the car ahead of him. Plaintiff claimed that he suffered soft tissue neck and back injuries as a result of the accident. Defendant contended that plaintiff hit the car in front of him prior to being rear-ended by the defendant. The court however denied defendant’s proposed contributory negligence in jury instruction. Jury awarded $ 9,500 to plaintiff.
Location: Rutland County, Vermont
Case Name and Docket Number: Schiller v. Price, 854-11-10 Rdcv

Plaintiff Verdict Despite Disputed Cause of Crash

Type of Injury: Soft tissue neck sprain
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Defendant was driving her vehicle from a parking lot intending to turn onto a westbound Highway. To enter the highway, defendant passed through stopped eastbound traffic and drove onto the median. While defendant was waiting for traffic to clear, she was struck by a vehicle driven by plaintiff, who was traveling eastbound. Plaintiff suffered a soft tissue neck sprain. Plaintiff contended that defendant drove her vehicle from the parking lot through the stopped traffic. The front end of defendant’s vehicle was in the 4′ to 5′ median, but the rear-end stuck out in the left eastbound lane of travel and plaintiff was unable to avoid striking defendant’s vehicle. Defendant claimed that it was plaintiff who caused the accident. Defendant argued that plaintiff exaggerated his injuries. Jury returned a plaintiff verdict of $ 10,000.
Location: Orleans County, Vermont
Case Name and Docket Number: Rodrigue v. Illuzzi, 21-136

Parties Settle Injury Case Before Trial

Type of Injury: Chest injury-anterior and posterior chest wall injuries, contusions to the chest wall and sternomanubrial joint , soft tissue back injury
Type of Accident: Rear-end
Award/Settlement Amount: $12,000
Case Summary: Plaintiff and Defendant were operating their vehicles on the same road and in the same direction. Defendant rear-ended plaintiff’s vehicle when plaintiff slowed down for traffic. Plaintiff claimed she suffered a blunt force trauma injury to her chest due to this high impact motor vehicle accident. She asserted injuries to the anterior and posterior chest wall and contusions to the chest wall and sternomanubrial joint as a result of the crash. Defendant admitted liability, but disputed the extent of plaintiff’s injuries. The parties to agreed to a pretrial settlement of $ 12,000.
Location: Bennington County, Vermont
Case Name and Docket Number: Morin v. Fletcher, 1:00-CV-2

Moderate Injury Case Examples

Moderate rear-end car accident injuries may include more extensive soft-tissue sprains and strains, lacerations that need stitches, simple bone fractures, and slipped or herniated discs. Moderate injuries might keep the victim from work for several weeks or months, and victims may be left with some lingering impairment.

Defendant Admits Liability, Disputes Damages

Type of Injury: Back injury-Herniated lumbosacral disc at L5-S1
Type of Accident: Rear-end
Award/Settlement Amount: $20,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction. Plaintiff came to a stop in rush hour traffic and was rear-ended by defendant. Liability was admitted two weeks before trial. Plaintiff alleged that she suffered a herniated lumbosacral disc at L5-S1 in her back as a direct result of this accident and that she continued to experience pain and discomfort. Defendant contended that plaintiff’s disc herniation was not causally related to this accident and claimed that plaintiff had merely suffered a whiplash injury which resolved. Jury awarded plaintiff $ 20,000 in damages.
Location: Orleans County, Vermont
Case Name and Docket Number: Barber v. LaFromboise, 05-006

Aggravation of Preexisting Fibromyalgia

Type of Injury: Back injury-sprain; aggravation of preexisting fibromyalgia
Type of Accident: Rear-end
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was stopped at a traffic light. While stopped, her vehicle was rear-ended by Defendant’s motor vehicle. Defendant admitted liability for the collision and the case proceeded on the issues of proximate cause and damages. Defendant did not testify via deposition or attend trial. Plaintiff argued that she sustained a back sprain and an aggravation of preexisting fibromyalgia as a result of the crash. Plaintiff asserted that her injuries required 18 months of treatment. Defendant contended the impact involved in this accident was minimal, as evidenced by the lack of property damage to plaintiff’s motor vehicle. Defendant argued that plaintiff’s injuries were proximately related to preexisting conditions and to other prior and subsequent motor vehicle accidents/incidents. Jury returned a $25,000 verdict for plaintiff.
Location: Bennington County, Vermont
Case Name and Docket Number: Boehm v. Willis, 340-10-03BnCv

Passenger Settles With At-Fault Driver Before Trial

Type of Injury: Soft tissue neck, back and shoulder injuries
Type of Accident: Rear-end
Award/Settlement Amount: $27,000
Case Summary: Plaintiff was a passenger in a vehicle. The vehicle slowed for traffic when it was rear-ended in a three car crash. Plaintiff’s driver saw the accident as it was occurring and attempted to veer away, but was struck and pushed across the lanes of traffic and into a ditch/dip in the median of the road. Plaintiff claimed she sustained serious neck, back and shoulder injuries as a direct result of the accident. Defendant admitted he caused the accident, but disputed plaintiff’s damages. Defendant contended that plaintiff did not complain of shoulder injuries until some months post-accident and that she had provided no proof of her disabling injuries other than hearsay. The parties settled for $ 27,000 prior to trial.
Location: Chittenden County, Vermont
Case Name and Docket Number: Potvin v. McMullin, S1156-2010CnC

Defendant Argued Hospital Stay Was Unrelated to Crash

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $30,000
Case Summary: Plaintiffs, who were traveling in the same vehicle, came to a stop at a traffic light. They were subsequently rear-ended by defendant motorist. Liability was admitted. Plaintiffs alleged that they suffered soft tissue neck and back injuries as a direct result of this accident. Plaintiff1 claimed that her injuries necessitated hospitalization for four days. Defendant contended that Plaintiff’s hospitalization was not necessitated by the auto accident and Plaintiff2’s injuries were not causally related to the accident. The jury awarded $ 10,000 to Plaintiff 2 and $ 30,000 to Plaintiff1.
Location: Bennington County, Vermont
Case Name and Docket Number: Farmer v. Darrow, 285-8-01 BNCV

Defendant Ticketed for Following Too Closely

Type of Injury: Neck and back injuries-cervical and lumbar strains; Concussion with post-concussive headaches
Type of Accident: Rear-end
Award/Settlement Amount: $37,500
Case Summary: Plaintiff was driving her vehicle eastbound. She slowed for traffic ahead of her and was rear-ended by a vehicle driven by Defendant. The impact forced plaintiff into the vehicle in front of her. Defendant was ticketed for following too closely and paid the requisite fines. Plaintiff alleged she sustained an acute concussion with post-concussive headaches and acute cervical and lumbar strains. She alleged permanent low back injuries as a direct result of the impact. Defendant disputed causation of plaintiff’s ongoing, permanent complaints. Defendant argued that plaintiff’s complaints were unrelated to this accident and her damages were limited. The parties ultimately reached a $ 37,500 settlement prior to trial.
Location: Orange County, Vermont
Case Name and Docket Number: Rasumussen v. Huntington, S230-11-09 Osc

Doctor Testified that Injuries Were Caused by Collision

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $45,000
Case Summary: Plaintiff stopped his vehicle for traffic and was rear-ended by a vehicle driven by Defendant. Property damage was moderate. Plaintiff asserted that the accident was the proximate cause of the soft tissue injuries to his neck and back. Plaintiff maintained that he continued to suffer residual back pain after the conclusion of physical therapy. Plaintiff’s treating internist opined that the injuries to plaintiff’s neck and back were proximately caused by the motor vehicle accident, but the physician could not comment as to the permanency of the condition. Defendant stipulated to liability, but disputed causation. Defendant contended plaintiff deserved some treatment, but said the treatment he received was excessive. Defendant stated that any intermittent pain or injuries other than simple soft tissue injuries were not related to the accident. Jury awarded plaintiff $45,000.
Location: Chittenden County, Vermont
Case Name and Docket Number: Carter v. Carlton, 9:95cv138

UPS Driver and Employer Liable for Rear-End Collision

Type of Injury: Back injury-aggravated her pre existing back condition
Type of Accident: Rear-end
Award/Settlement Amount: $50,000
Case Summary: Plaintiff, 66, had been disabled for 30 years due to a degenerative back condition for which she underwent multiple surgeries prior to this event. On the day in question, plaintiff was driving through an intersection when her car was struck in the rear by a vehicle owned by Defendant and driven by its employee. Plaintiff did not have immediate complaints from this accident, but testified that she began to feel back pain within three to four months post-accident. She underwent fusion surgery one year after the collision. Plaintiff alleged the accident aggravated her pre existing back condition. Defendants admitted liability, but contended that plaintiff may have sustained minor soft tissue injuries from the collision, but any disc condition was not caused by the accident. Jury awarded plaintiff $50,000 in damages.
Location: Chittenden County, Vermont
Case Name and Docket Number: Finney-Seymour v. United Parcel Service, 1:00-cv-00002-jgm

Plaintiff Sues Insurer for Uninsured Motorist Coverage

Type of Injury: Neck injury-herniated cervical disc
Type of Accident: Rear-end
Award/Settlement Amount: $60,000
Case Summary: Plaintiff was a passenger in a vehicle driven by his son. Plaintiff’s son slowed for a traffic light which was in the process of changing from green to red. Defendant’s employee, who was traveling behind the plaintiff’s vehicle, failed to slow and struck the rear of the plaintiff’s vehicle. Defendant’s liability carrier denied coverage because of defendant’s failure to cooperate with the investigation. Plaintiff therefore served his uninsured motorist carrier on behalf of the defendant. The insurance carrier admitted liability on Defendant’s behalf after defendant failed to appear at the trial. Plaintiff alleged that he suffered a herniated cervical disc as a direct result of this accident. However, the insurance carrier disputed the nature and extent of plaintiff’s injury. The jury returned a verdict in favor of plaintiff for the sum of $ 60,000.
Location: Rutland County, Vermont
Case Name and Docket Number: O’Connell v. Killington, Ltd., 03-394

Plaintiff Accepts Injury Settlement Before Trial

Type of Injury: Neck injury-herniated disc at C5-C6 and C6-C7; neck and shoulder pain; lower back pain
Type of Accident: Rear-end
Award/Settlement Amount: $75,000
Case Summary: Plaintiff was driving her car when she was rear-ended by a vehicle driven by Defendant. The impact pushed plaintiff’s vehicle into the car in front of her at an intersection of a four lane highway. Plaintiff alleged she sustained neck and shoulder pain, and lower back pain as a result of the accident. Plaintiff asserted that the pain increased and eventually necessitated fusion surgery on her cervical spine at C5-C6 and C6-C7. Defendant contended that plaintiff’s condition was preexisting and was not aggravated or exacerbated by the rear-end collision. Defendant however agreed to pay a $75,000 settlement to plaintiff, which plaintiff accepted.
Location: Rutland County, Vermont
Case Name and Docket Number: Graves v. Corbett, 57-1-08 RDCV

Large Gaps in Victim’s Back Treatments

Type of Injury: Back injuries-thoracic sprain and aggravation of preexisting degenerative spinal changes
Type of Accident: Side-impact
Award/Settlement Amount: $79,700
Case Summary: Plaintiff was driving his car. Defendant admittedly failed to yield the right-of-way when she attempted a left turn in front of plaintiff’s oncoming vehicle, resulting in a broadside collision. Property damage was minimal. The parties reached a $ 100,000/$ 35,000 high/low agreement and presented their arguments for damages before the jury. Plaintiff alleged he sustained a thoracic sprain and aggravation of preexisting degenerative spinal changes. Defendant contended that plaintiff may have suffered a temporary aggravation of his condition and soft tissue injuries, but argued that he should have recovered with treatment in six to eight weeks. Defendant maintained that any treatment or complaints after that time were unrelated to this accident. Defendant also noted large gaps in plaintiff’s treatment. Jury returned a plaintiff’s verdict of $ 79,700.
Location: Chittenden County, Vermont
Case Name and Docket Number: Neenan v. Buckley, 2:16cv239

Severe Injury Case Examples

Severe accident victims often suffer multiple types of injuries, such as traumatic brain injuries, multiple complicated fractures, disfigurement, and disabling neck and back injuries. Severe injuries may prevent the victim from returning to their pre-accident employment and activities.

Parties Settle Disputed Back Injury Case

Type of Injury: Soft tissue low back injury
Type of Accident: Rear-end
Award/Settlement Amount: $125,000
Case Summary: Plaintiff and Defendant were operating their vehicles in the same direction. At a traffic light, defendant rear-ended plaintiff’s car. There was significant property damage to plaintiff’s car. Plaintiff alleged she sustained a low back injury as a result of the accident and she was continuing to receive treatment, including epidural steroid injections, for the pain. Defendant admitted liability for the accident. Defendant contended plaintiff’s low back injury was a preexisting condition and was not related to trauma from the auto accident. Despite the dispute, the parties agreed to a $ 125,000 pretrial settlement.
Location: Orange County, Vermont
Case Name and Docket Number: Simpson v. Rood, 145-7-00 OeCv

Jury Verdict for Victim’s Disc Fusion Surgery

Type of Injury: Neck injury-discs herniation at C5-C6 and C6-C7.
Type of Accident: Rear-end
Award/Settlement Amount: $135,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles on the same road and in the same direction. Defendant came to a stop behind the plaintiff at a red light. Plaintiff began to make a right turn and then stopped when she observed a vehicle on the intersecting street entering the intersection. Plaintiff was subsequently rear-ended by the defendant. Plaintiff alleged that she suffered a significant neck injury which required cervical laminectomy and fusion surgery at C5-C6 and C6-C7. Defendant denied liability and disputed causation, arguing that plaintiff’s neck injury was the result of pre existing degenerative changes. Jury returned a plaintiff verdict of $ 135,000.
Location: Orange County, Vermont
Case Name and Docket Number: Davidonis v. Protzman, 174-9-05 Oecv

At-Fault DUI Driver Attempted to Flee

Type of Injury: Permanent soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $160,000
Case Summary: Plaintiff and Defendant were both operating motor vehicles westbound on the same Route. Plaintiff was stopped in the travel lane due to traffic when defendant rear-ended plaintiff’s vehicle. Defendant attempted to flee the scene of the accident but was apprehended by police and charged with DUI. Plaintiff asserted that defendant was also negligent in fleeing the scene of the accident and driving under the influence of alcohol. Plaintiff claimed permanent soft tissue neck and back injuries requiring emergency room treatment and physical therapy. Defendant conceded liability but disputed damages and proximate cause. Defendant argued that the neck injury was not fully related to the accident, but did not offer an alternative cause of the injury. The jury returned a verdict for the plaintiff in the amount of $ 160,000.
Location: Chittenden County, Vermont
Case Name and Docket Number: Heller v. Bast & Rood Architects, 13-217

Rear-End Crash Victim Run Down by Passing Motorist

Type of Injury: Head injury-fractures of the cheekbone and nose; Knee injury- torn meniscus
Type of Accident: Pedestrian
Award/Settlement Amount: $232,500
Case Summary: Plaintiff’s car was rear-end in rush hour traffic by a third party vehicle. It was a minor impact and the drivers pulled to the side of the roadway to observe the damage. There was little shoulder to the roadway and the vehicles, though parked close to the curb, blocked half of the two-lane roadway. Plaintiff exited her vehicle to find there was no visible damage from the impact. She was about to get back into her vehicle when she was struck by a passing vehicle driven by defendant and owned by defendant 2. The impact caused plaintiff to strike her head on the hood of defendant’s car. She claimed fractures of the cheekbone and nose, as well as a torn meniscus. Defendants denied negligence and contended that plaintiff was contributorily negligent. The parties reached a $232,500 settlement.
Location: Chittenden County, Vermont
Case Name and Docket Number: Ziniti v. New Eng. Cent. R.R., 260-3-14 Cncv

Arbitration Award Subject to Hi-Low Agreement

Type of Injury: Neck injury- unspecified herniated discs
Type of Accident: Rear-end
Award/Settlement Amount: $250,000
Case Summary: Plaintiff was driving her vehicle on a northbound exit ramp when she was rear-ended by a vehicle driven by Defendant. Plaintiff experienced neck pain within two hours of the accident. She underwent a three-level discectomy and fusion surgery after being diagnosed with herniated discs. Plaintiff claimed she had no preexisting neck complaints and that this accident caused her injury and need for surgery. Defendant admitted that he caused the accident and acknowledged plaintiff’s initial pain and the continuity of her symptoms. However, defendant contended that plaintiff’s surgery was unrelated to this accident and was likely the result of an intervening event. The parties agreed to arbitrate the matter and entered into a high/low agreement of $ 250,000/$ 75,000. The arbitrator found in plaintiff’s favor and, pursuant to the agreement, plaintiff received $ 250,000.
Location: Chittenden County, Vermont
Case Name and Docket Number: Wilson v. Pecor, 9-1-13 Cncv

Jury Award for High-Speed Collision Victim

Type of Injury: Permanent soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $261,235
Case Summary: Plaintiff was operating a vehicle and came to a stop due to traffic. Defendant, who was operating a vehicle owned by defendant 2, rear-ended plaintiff’s stopped car at a high rate of speed, pushing plaintiff’s vehicle to the rear of the vehicle ahead. Plaintiff claimed that she sustained permanent soft tissue neck and back injuries. Defendant contested liability, contending that the plaintiff came to a sudden stop for no apparent reason. Defendant further argued that plaintiff’s back injuries were not related to this accident. Jury sided with plaintiff and awarded him $36,234.85 for past medical expenses, $70,000 for future medical expenses, $30,000 for future lost income, $50,000 for past pain and suffering, and $75,000 for future pain and suffering.
Location: Washington County, Vermont
Case Name and Docket Number: Gowans v. Coop. Ins. Co., 775-11-08 Wncv

Award to Victim of Three-Vehicle Collison

Type of Injury: Neck injury-cervical instability at C1-C2; neck, shoulder and back pain; severe headache, nausea, and dizziness
Type of Accident: Rear-end
Award/Settlement Amount: $300,000
Case Summary: Plaintiff was driving her car when she was struck in the rear by a vehicle driven by Defendant, who failed to stop for a red light. The impact caused the front of defendant’s vehicle to go under the rear bumper of plaintiff’s vehicle. Plaintiff struck her head on the headrest and claimed she experienced immediate neck pain and dizziness. Plaintiff drove herself to the emergency room shortly after the collision and presented with complaints of a severe headache, nausea, dizziness and neck, shoulder and back pain. Ultimately, plaintiff underwent a C1-C2 posterior spinal fusion and claimed permanent residuals. Defendant contended that he was faced with a sudden medical emergency and was not responsible for this minor accident. A jury found for the plaintiff and awarded her $ 300,000.
Location: Chittenden County, Vermont
Case Name and Docket Number: Lamothe v. Leblanc, 14-227

Case Settled After Proximate Cause Dispute

Type of Injury: Neck injury- disc herniation at C4-C7; back injury-lumbar spine
Type of Accident: Rear-end
Award/Settlement Amount: $310,000
Case Summary: Plaintiff was stopped waiting to turn left. He was hit from behind by a vehicle driven by defendant and owned by Defendant 2. Plaintiff claimed neck and back injuries as a direct result of this accident. Plaintiff underwent a spinal fusion at C4-C7 and surgery on the lumbar spine. Defendant did not dispute liability for the accident, but did dispute the proximate cause of plaintiff’s injuries, contending that plaintiff had a preexisting condition of his cervical spine. The parties settled the matter for $ 310,000.
Location: Chittenden County, Vermont
Case Name and Docket Number: O’Brien v. Synnott, 12-164

Plaintiff Left with Ongoing Pain Despite Surgical Repair

Type of Injury: Low back injury-herniated disc at at L4-L5; neck and cervical spine injury; pain in the left hip and leg
Type of Accident: Rear-end
Award/Settlement Amount: $500,000
Case Summary: Plaintiff and Defendant were driving their respective vehicles north on same Route. Plaintiff came to a stop in a line of traffic stopped at a red light. While stopped, plaintiff was rear-ended by defendant. Plaintiff claimed he sustained injuries to his low back, neck and cervical spine, as well as pain in the left hip and leg, as a result of this accident. His injuries required a surgical fusion at L4-L5 with insertion of pedicle screws. Plaintiff claimed chronic pain and the need for ongoing treatment for pain management. Defendant admitted liability, but he disputed the extent of plaintiff’s injuries. Parties subsequently agreed to a $ 500,000 settlement.
Location: Lamoille County, Vermont
Case Name and Docket Number: Fagnant v. Foss, 12-030

Case Mediated on Behalf of Severely Injured Child

Type of Injury: Head injury-lost seven front teeth and a large portion of her anterior maxillary alveolar bone around those teeth; multiple facial fractures
Type of Accident: Rear-end
Award/Settlement Amount: $1,500,000
Case Summary: Plaintiff, 11, was riding in a recreational vehicle (RV) with her father and mother. They stopped at a construction zone while on a highway. The vehicles immediately behind them stopped as well, but defendant’s tractor-trailer did not. The tractor-trailer rear-ended a pickup truck, which ended up wedged beneath defendant’s truck. A succession of impacts then occurred, resulting in plaintiff’s RV being rear-ended. Plaintiff was hit by falling cabinetry from the walls of the RV. Plaintiff was taken to hospital, where she was in a coma for a period of time. Plaintiff alleged she lost seven front teeth and a large portion of her anterior maxillary alveolar bone around those teeth. She also sustained multiple facial fractures for which she underwent successful cosmetic surgery. The case settled at mediation for $1,500,000.
Location: Chittenden County, Vermont
Case Name and Docket Number: Beaudin v. Kupersmith, S 0803-07 CnC

Methodology

We analyzed a group of personal injury lawsuits filed in Vermont courts by car accident victims. All the plaintiffs in our sample group received a payout from a court award, arbitration, or by settling their case before trial.

Our group includes injured drivers, passengers, and one pedestrian who stepped out of the car after a rear-end collision and was struck by a passing motorist.

Averages are calculated by adding the payouts for a group of cases, then dividing by the number of cases in the group. Million-dollar payouts are uncommon, and not included in the calculations to avoid artificially inflating the averages.