Explore payouts made to real Nebraska car accident victims. Find cases similar to yours.

Nebraska is a traditional fault state for car accidents, meaning injured victims may pursue the at-fault driver for compensation, without having to rely on their own auto insurance.

The average car accident settlement in Nebraska for a moderate injury claim is $31,190. Average payouts range from $7,189 for minor injuries to $282,239 for severe injuries.

Average Nebraska Car Accident Settlement Amounts

We analyzed a group of lawsuits filed in Nebraska courts by car accident victims. The group includes mostly side-impact and 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	$7,189
Moderate Injury	$31,190
Severe Injury	$282,239
Payout Range by Severity of Injury
Minor Injury	$1,150 - $11,056
Moderate Injury	$12,311 - $77,263
Severe Injury	$87,000 - $1,130,000

Types of Motor Vehicle Accidents

Speeding, lane departure, and distracted driving are top contributing factors in Nebraska car accidents.

Average Side-Impact Collision Settlements
Minor Injury	$8,416
Moderate Injury	$46,780
Severe Injury	$180,574
Average Rear-End Accident Settlements
Minor Injury	$6,759
Moderate Injury	$27,000
Severe Injury	$194,230

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 multiple injuries.

Average Neck and Back Injury Settlements
Minor Injury	$7,189
Moderate Injury	$31,190
Severe Injury	$254,333

How Car Accident Settlements Are Calculated

Attorneys, courts, and insurance companies 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 in the recliner 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 all winter.

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 your injuries, lost earning capacity, and future expenses.

Other factors that affect injury payouts in Nebraska:

• Shared Fault – Nebraska allows you to seek compensation from the other party so long as you are less to blame than 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 Nebraska must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, and $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 – Nebraska requires auto policies to provide bodily injury uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to the policy’s liability limits.
• Commercial Policies – Insurance policies for commercial vehicles like tractor-trailers and laundry trucks carry higher liability limits than personal auto policies. Higher limits can mean higher payouts for severe injury claims.
• Punitive Damages – Nebraska prohibits punitive damages as they are deemed unconstitutional under the state’s constitution.

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.

Plaintiff Accused of Exaggerating Injuries in Rear-End Crash

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $1,150
Case Summary: Plaintiff was stopped at a stop sign when defendant rear-ended her vehicle. The Court granted plaintiff’s Motion for Summary Judgment on the issue of liability and the trial proceeded on the issue(s) of proximate cause and damages. Plaintiff claimed that she suffered soft tissue neck and back injuries as a direct result of the accident. Defendant contended that: he was traveling less than five m.p.h. at the time of impact; property damage to both vehicles was limited to a few small scratches; plaintiff’s injuries were not proximately related to the collision; any pain or disability was related to prior or subsequent motor vehicle accidents; and plaintiff was exaggerating the extent of her injuries. Jury awarded plaintiff $ 1,050 medical specials and $ 100 pain and suffering.
Location: Douglas County, Nebraska
Case Name and Docket Number: Doane v. Ita, C109-205

Preexisting Hydroxyapatite Deposition Disease

Type of Injury: Back, neck and shoulder injuries-Lumbar disc bulges, with cervical, lumbar and shoulder strains
Type of Accident: Rear-end
Award/Settlement Amount: $1,800
Case Summary: Plaintiff was stopped at an intersection when she was rear-ended by Defendant, who was operating a tractor trailer owned by Co-defendant. Plaintiff’s vehicle sustained considerable damage. Plaintiff said she suffered lumbar disc bulges, with cervical, lumbar and shoulder strains. Defendants contended that: defendant driver had come to a safe stop behind plaintiff, plaintiff started and then suddenly stopped again, causing the collision; this was a minor impact; plaintiff exaggerated the nature and extent of her injuries; and plaintiff suffered from pre-existing Hydroxyapatite Deposition Disease (fluid on the shoulder). Jury returned a plaintiff verdict. Per plaintiff’s counsel, plaintiff was credible and likable, which had an impact on the outcome. The parties settled for $ 1,800 in costs for plaintiff.
Location: Douglas County, Nebraska
Case Name and Docket Number: Sullivan v. Menashi, 1059157

Plaintiff Impeached with Deposition Testimony

Type of Injury: Neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff and defendant were driving in stop-and-go traffic on an interstate highway when defendant rear-ended plaintiff’s automobile. Property damage was moderate. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and or damages. Plaintiff claimed that he suffered permanent injuries to his neck and back as a direct result of the accident. Defendant contended that plaintiff’s physicians did not assign a permanency rating to plaintiff and that any continuing problems experienced by plaintiff were proximately related to a subsequent motor vehicle accident. Plaintiff received $ 5,000 in a jury verdict. Per counsel, the fact that the injuries claimed by plaintiff in a lawsuit arising from a subsequent accident were similar to those claimed in this case significantly impacted the outcome. Plaintiff was impeached with deposition testimony.
Location: Douglas County, Nebraska
Case Name and Docket Number: Fitzgerald v. Vanwaters, 940 637

Both Parties Share Fault for Side-Impact Crash

Type of Injury: Neck and shoulder injuries
Type of Accident: Side-impact
Award/Settlement Amount: $6,000
Case Summary: Plaintiff and defendant were traveling in the same direction on a limited access highway. The side door of defendant’s automobile impacted with plaintiff’s passenger side mirror while both vehicles were on an exit ramp. After impact, plaintiff’s vehicle traveled for a distance off the road while defendant’s vehicle spun around 180 degrees. Plaintiff suffered neck and shoulder injuries. Plaintiff alleged that defendant was negligent in attempting to pass her vehicle on the right on the shoulder of the road. Defendant contended that she was properly proceeding in the exit lane and that plaintiff moved from the lane next to the exit lane into her lane of travel, sideswiping her automobile. Jury found defendant 70% at fault for the wreck and plaintiff 30% liable. Jury awarded plaintiff $6,000.
Location: Douglas County, Nebraska
Case Name and Docket Number: Suiter v. Epperson, A-96-379

T-bone Crash from Improper Turn

Type of Injury: Soft tissue lumbar back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $7,582
Case Summary: Defendant was operating a vehicle owned by his aunt, co-defendant, when he became lost. Defendant pulled into a gas station to get directions. Defendant pulled out of the gas station, then made a U-turn intending to return to the gas station for gasoline. Plaintiff made a right turn onto the Street and broadsided the passenger side of defendants’ automobile. The accident occurred 30 feet from the intersection. Plaintiff said he suffered soft tissue lumbar back injuries. Plaintiff argued that defendant driver was negligent in making an improper turn in front of his vehicle and in failing to keep a proper lookout. Defendants contended that plaintiff ran a red light and struck their vehicle. Jury found for plaintiff.
Location: Douglas County, Nebraska
Case Name and Docket Number: Luther v. Pawling, 40160

Jury Finds for Plaintiff in Broadside Collision

Type of Injury: Strain and sprain of neck and back
Type of Accident: Side-impact
Award/Settlement Amount: $8,000
Case Summary: Plaintiff and the defendant were both driving their respective autos in a residential area on the way to work. The plaintiff was traveling down a hill and had the right-of-way when the defendant vehicle, coming from a side street, struck the plaintiff broadside. Plaintiff argued that defendant failed to yield the right-of-way to through traffic as the defendant had a stop sign and failed to stop. Plaintiff suffered strain and sprain of neck and back without any permanency. Defendant contended he stopped and looked for oncoming traffic at the stop sign but did not see any as he entered the intersection; plaintiff was speeding through the intersection. Jury ruled in favor of plaintiff, awarding plaintiff $8,000.
Location: Douglas County, Nebraska
Case Name and Docket Number: Montgomery v. Blazek, 33825

Parties Settle Disputed Back Injury Claim

Type of Injury: Soft tissue lumbar back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was stopped with his left turn signal activated, intending to make a left turn into his driveway. Defendant 1 was operating a vehicle owned by Defendant 2, traveling in the same direction. He crossed a double yellow line to pass on the left and broadsided plaintiff’s vehicle. Defendants’ vehicle left 65 feet of skid marks. Defendant1 was cited for improperly passing. Plaintiff suffered soft tissue lumbar back injuries. Defendants contended that plaintiff stopped suddenly without activating his turn signal, creating an emergency situation. Defendants further contended that plaintiff was exaggerating the extent of his injuries and damages. Case settled for $10,000 prior to trial.
Location: Douglas County, Nebraska
Case Name and Docket Number: Jason v. Mader, 213 NO: 0185

Plaintiff Prevails After Intersection Crash

Type of Injury: Soft tissue neck injuries
Type of Accident: Side-impact
Award/Settlement Amount: $10,500
Case Summary: Plaintiff and defendant were traveling on intersecting streets. Defendant failed to stop at the intersection of the two streets and broadsided plaintiff’s automobile in a moderate-impact collision. Plaintiff said she suffered soft tissue neck injuries in the collision. Defendant did not admit liability, but did not seriously contest it. Defendant contended that plaintiff was exaggerating the extent of her damages. Jury found for plaintiff in the amount of $10,500.
Location: Douglas County, Nebraska
Case Name and Docket Number: Russell v. Luevano, 87-822

Credible Plaintiff Wins Motion for More Money

Type of Injury: Soft tissue neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $10,800
Case Summary: Plaintiff was stopped at a traffic light on a secondary road when defendant rear-ended his vehicle. Plaintiff’s car sustained $ 2,000 in property damage. Defendant was cited for following too closely. Following the accident, plaintiff treated with a chiropractor for four months. Plaintiff said that he suffered soft tissue neck injuries as a direct result of the collision. Defendant admitted liability, but contended that plaintiff’s injuries were proximately related to prior motor vehicle accidents, and that plaintiff had a long history of chiropractic care. Jury awarded plaintiff $ 3,300. The Court granted plaintiff’s Motion for Additur in the amount of $ 7,500, resulting in a total verdict of $ 10,800. Per plaintiff’s counsel, plaintiff was very credible.
Location: Douglas County, Nebraska
Case Name and Docket Number: Hale v. Taylor, 39139

Phantom Vehicle Blamed for Head-On Collision

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Head-on
Award/Settlement Amount: $11,056
Case Summary: Plaintiff 1 was a front seat passenger in a vehicle operated by Plaintiff 2. Defendant was driving in the right lane in the opposite direction. Defendant swerved out of his lane of travel and struck plaintiffs’ vehicle head-on. Plaintiffs claimed that defendant was talking on his car phone at the time of the accident. Both plaintiffs claimed soft tissue neck and back injuries. Defendant contended that he was not talking on his car phone as indicated by telephone records showing no call at the time of the incident and that a phantom vehicle pulled into the path of his vehicle, forcing him into plaintiffs’ lane of travel. Jury returned a plaintiff verdict for $ 11,056. Per defendant’s counsel, the police report, which was introduced as evidence, supported defendant’s version of the collision.
Location: Douglas County, Nebraska
Case Name and Docket Number: Hyde v. Cleveland, 42086

Moderate Injury Case Examples

Moderate car accident injuries include more extensive soft tissue injuries, simple fractures, herniated or bulging discs, and concussions. Moderately injured victims may be out of work for several weeks or months, and may be left with lingering effects.

Plaintiff Involved in Three Separate Accidents

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $12,331
Case Summary: Plaintiff was stopped at a stop sign at an intersection when defendant rear-ended her vehicle. Plaintiff was involved in two rear-end collisions subsequent to the subject accident. Plaintiff claimed she suffered soft tissue neck and back injuries as a direct result of the collision. Defendant contended that: plaintiff was contributorily negligent in stopping in an unsafe manner; plaintiff did not give notice of her intention to stop; and plaintiff’s injuries and any permanent impairment were proximately related to the two subsequent accidents. Jury ruled in favor of plaintiff and awarded her $ 12,331.
Location: Douglas County, Nebraska
Case Name and Docket Number: Hamilton v. Nestor, S-02-356

Plaintiff Hit While Slowing for Emergency Vehicle

Type of Injury: Back, neck and shoulder injuries-cervical, lumbar and shoulder strains, with an aggravation of a pre existing lumbar injury
Type of Accident: Rear-end
Award/Settlement Amount: $15,000
Case Summary: Plaintiff and Defendant were driving in the same direction. A police vehicle was traveling in the opposite direction with lights and siren activated. As plaintiff slowed for the police vehicle, defendant rear-ended her vehicle at a speed of approximately 40 m.p.h. Defendant was operating a vehicle leased by his employer, co-defendant, at the time of the accident. Plaintiff suffered cervical, lumbar and shoulder strains, with an aggravation of a pre existing lumbar injury. Defendants contended that plaintiff was contributorily negligent in applying her brakes abruptly and that plaintiff had degenerative changes in her neck and back prior to the accident. Jury ruled in favor of plaintiff and awarded her $15,000.
Location: Douglas County, Nebraska
Case Name and Docket Number: Ross v. Yapoujian, 1010775

Three-Car Collision Settled Before Trial

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $15,000
Case Summary: Plaintiff was traveling when defendant rear-ended her vehicle, forcing it into a third party’s vehicle. Defendant subsequently left the scene without stopping. Plaintiff claimed that she suffered soft tissue neck and back injuries as a direct result of the accident. Defendant contended that: plaintiff rear-ended the vehicle in front of her; defendant brought her car to a stop without striking plaintiff’s vehicle; and plaintiff did not appear to be injured at the scene. Case settled for $15,000 prior to trial.
Location: Douglas County, Nebraska
Case Name and Docket Number: Higginbotham v. Sukup, A-06-624

Zero Permanency Rating Impacted Outcome

Type of Injury: Cervical (neck) and lumbar back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $18,000
Case Summary: Plaintiff stopped her automobile when the vehicle in front of her stopped to make a left turn. Plaintiff was subsequently rear-ended by defendant. Plaintiff claimed she suffered cervical (neck) and lumbar back injuries. Defendant contended that the vehicle in front of plaintiff’s vehicle stopped abruptly, causing plaintiff to stop suddenly. Therefore, the defendant was unable to stop in time to avoid striking plaintiff’s vehicle and the accident was unavoidable. Jury found for plaintiff and awarded her $18,000. Plaintiff’s counsel indicated that Plaintiff’s orthopedic physician gave her a 0% permanency rating which significantly impacted the outcome.
Location: Douglas County, Nebraska
Case Name and Docket Number: O’Brien v. Powell, CI 11-8048

Bicyclist Shares Large Part of Accident Fault

Type of Injury: Herniated disc at L4-L5 in back; nondisplaced linear fracture of left ankle
Type of Accident: Side-impact
Award/Settlement Amount: $20,910
Case Summary: Defendant’s vehicle was stopped waiting to make a left turn. Plaintiff was riding a bicycle in the opposite direction. Plaintiff’s bicycle struck the front driver’s side of defendant’s vehicle. Plaintiff was thrown from his bicycle. Defendant was issued a summons for making an improper left turn. Seven months’ post-accident plaintiff was diagnosed with a herniated disc at L4-L5 in back and a non-displaced linear fracture of left ankle. Defendant contended that plaintiff was contributorily negligent in traveling at a high rate of speed and in striking his vehicle while he was stopped a few feet over the double yellow line and that plaintiff’s back problem was not proximately related to the accident. Plaintiff’s award of $41,000 less 49% comparative negligence yielded a net verdict of $20,910.
Location: Douglas County, Nebraska
Case Name and Docket Number: Antisdel v. Marvin, 984 821

Defendant Traveling at Excessive Speed

Type of Injury: Injuries to neck, right knee and body as a whole
Type of Accident: Side-impact
Award/Settlement Amount: $20,947
Case Summary: Plaintiff stopped at a stop sign at an intersection prior to making a right turn onto a southbound Road. Defendant broadsided plaintiff’s vehicle. Plaintiff claimed that: no vehicles were approaching from either direction when he stopped at the stop sign; defendant was negligent in traveling at an excessive rate of speed; and defendant was responsible for the accident. Plaintiff said he suffered injuries to his neck, right knee and body as a whole. Defendant contended that plaintiff was comparatively negligent in failing to stop at the stop sign and in failing to yield the right-of-way. Jury found in favor of plaintiff in the amount of $20,947.
Location: Douglas County, Nebraska
Case Name and Docket Number: Willey v. Move, Inc., 215 NO: 0818

Case Settled for Truck Owner’s Policy Limits

Type of Injury: Soft tissue neck and back injuries; bulging cervical disc
Type of Accident: Rear-end
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was stopped at a red light in a commercial area. Defendant was operating a truck in the course of his employment with co-defendant. Defendant rear-ended plaintiff’s vehicle, forcing it into a third party’s vehicle. Plaintiff claimed that she suffered permanent soft tissue neck and back injuries and a bulging cervical disc as a direct result of the accident. Defendants contended that plaintiff’s treatment was not related to the subject collision and that plaintiff was exaggerating the nature and extent of her injuries and damages. The case was settled for $ 25,000 policy limits.
Location: Hall County, Nebraska
Case Name and Docket Number: Werner v. Carter, CI05-360

Witness Testimony Contradicts Defendant’s Statement

Type of Injury: Closed head injury; injury to cervical spine in neck; aggravation of preexisting asymptomatic arthritis
Type of Accident: Rear-end
Award/Settlement Amount: $39,450
Case Summary: Plaintiff was stopped in a line of traffic at a red light when defendant rear-ended his vehicle. Plaintiff struck his head on the windshield upon impact. Plaintiff also sustained an injury to his cervical spine in neck and aggravation of preexisting asymptomatic arthritis. Defendant contended that: he was stopped behind plaintiff’s vehicle; his foot came off the brake, causing his vehicle to roll slowly forward into plaintiff’s vehicle; at least 50% of plaintiff’s injuries were pre existing; and plaintiff was exaggerating the nature and extent of his injuries. Jury returned a plaintiff verdict. Per plaintiff’s counsel, witnesses testified that defendant was not stopped at the traffic light and that defendant was traveling 30 to 40 m.p.h. when he rear-ended plaintiff’s vehicle.
Location: Douglas County, Nebraska
Case Name and Docket Number: Carnes v. Guilfoyle, A-90-571

Jury Award to Injured Driver and Passenger

Type of Injury: Plaintiff 1-soft tissue neck and back injuries: Plaintiff 2-Head and jaw injuries
Type of Accident: Side-impact
Award/Settlement Amount: $68,000
Case Summary: Plaintiff 1 was driving her car and Plaintiff 2 was a front seat passenger. Defendant pulled out from the shoulder of the road and struck plaintiff’s vehicle on the passenger side. Defendant admitted liability for the accident and the case proceeded to trial on the issue of damages and proximate cause. Plaintiff1 claimed that she suffered soft tissue neck and back injuries as a direct result of this accident. Plaintiff 2 said that he was startled by defendant’s actions and hit his head on the window resulting in head and jaw injuries. He had continuing complaints of headaches and symptoms of TMJ. Defendant contended that the impact was so minor that plaintiffs did not sustain any injury. Jury returned a plaintiff verdict for $ 136,000.
Location: Douglas County, Nebraska
Case Name and Docket Number: Dulaney v. Drivers Management LLC, 207 NO: 1156

Jury Believed Plaintiff Was Honest and In Pain

Type of Injury: Soft tissue head, neck and jaw injuries; a tooth injury
Type of Accident: Side-impact
Award/Settlement Amount: $77,263
Case Summary: Plaintiff, who had the right-of-way, was proceeding through an intersection at a speed of 30 m.p.h. Defendant disregarded a stop sign and broadsided plaintiff’s vehicle. Plaintiff claimed that she suffered soft tissue head, neck and jaw injuries and a tooth injury as a result of the collision. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Defendant contended that: plaintiff was involved in two prior and one subsequent motor vehicle accidents; plaintiff’s injuries were not proximately related to the subject accident; and plaintiff did not suffer any permanent disability as a result of her injuries. Jury awarded plaintiff $ 77,263. Per plaintiff’s counsel, Jurors believed that, even in the absence of objective signs, plaintiff was honest and in pain.
Location: Douglas County, Nebraska
Case Name and Docket Number: Richter v. Slaughter, A-08-148

Severe Injury Case Examples

Victims of severe car accidents often suffer multiple injuries, such as multiple 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.

Distracted Driver Liable for Rear-End Crash

Type of Injury: One-inch laceration to nerve in back of head post-traumatic occipital neuralgia
Type of Accident: Rear-end
Award/Settlement Amount: $87,000
Case Summary: Defendant 1 was operating a vehicle leased from Defendant 2. Plaintiff was stopped waiting to make a left turn. Defendant1 was momentarily distracted and rear-ended plaintiff’s vehicle at a speed of 35 m.p.h. Plaintiff sustained a one-inch laceration to nerve in back of head requiring injections into nerve. Plaintiff’s said his injuries resulted in post-traumatic occipital neuralgia, permanent pain and 20% permanent impairment of scalp. Defendants admitted liability, but contended that plaintiff was exaggerating the extent of his injury and damages. Jury awarded plaintiff $ 87,000 against both defendants.
Location: Lancaster County, Nebraska
Case Name and Docket Number: Brauer v. Magdanz, A-91-665

Motorcyclist Shared Fault for Crash That Sent Him Flying

Type of Injury: Generalized injuries to left upper extremity; injury to left hand
Type of Accident: Side-impact
Award/Settlement Amount: $121,149
Case Summary: Plaintiff was operating his motorcycle on a secondary two-lane road. Defendant was traveling in the same direction ahead of plaintiff. Defendant slowed her vehicle and pulled to the right shoulder of the road. As plaintiff attempted to pass on the left, defendant made a U-turn across the roadway into a small dirt turnaround on the opposite side of the road. Plaintiff struck the front left corner of defendant’s vehicle. He was thrown 44 feet and struck a telephone pole on the shoulder of the road. The accident occurred in a no-passing zone. Plaintiff claimed injuries to his left upper extremity and his left hand. Defendant contended that plaintiff was speeding. Jury found defendant 55% liable for the collision and plaintiff 45% at fault. Plaintiff received a net award of $121,149.

Passenger Injured In Rollover Crash

Location: Douglas County, Nebraska
Case Name and Docket Number: Muell v. Sherbeck, CI-2014-0008269
Type of Injury: A fractured rib; contusion to his right elbow; soft tissue thoracic spine injuries
Type of Accident: Single-vehicle
Award/Settlement Amount: $148,000
Case Summary: Plaintiff was a passenger in a sports utility vehicle leased and operated by Defendant 1 and owned by Defendant 2. Defendant1 was traveling southbound near an intersection when a non-party vehicle pulled into his lane of travel. Defendant1 swerved and lost control of his vehicle, causing it to roll over several times. Plaintiff claimed he suffered a fractured rib, contusion to his right elbow and soft tissue thoracic spine injuries as a direct result of the collision. Defendants admitted liability, but contended that plaintiff was exaggerating the extent of his injuries and damages. Jury awarded plaintiff $ 148,000 against both defendants.
Location: Douglas County, Nebraska
Case Name and Docket Number: Kissinger v. UPS, A-97-1159

Defendant Blames Motorcyclist for Improper Passing

Type of Injury: Ruptured deltoid ligaments in right ankle; soft tissue neck and back injuries; injury to temporomandibular joint (TMJ)
Type of Accident: Side-impact
Award/Settlement Amount: $240,000
Case Summary: Plaintiff was operating his motorcycle. Defendant was parallel parked on the grass at the side of the road. As plaintiff approached the rear of the vehicle, defendant pulled into plaintiff’s lane of travel, resulting in a collision. Plaintiff and his passenger were thrown over the hood of defendant’s automobile. Plaintiff sustained ruptured deltoid ligaments in right ankle requiring surgery and insertion of screws, soft tissue neck and back injuries requiring chiropractic treatment and injury to temporomandibular joint (TMJ) requiring bite plate. Defendant contended that plaintiff attempted to pass her on the left over a double yellow line and that plaintiff’s negligence was the sole proximate cause of the collision. Plaintiff’s award of $400,000 less 40% comparative negligence yielded a net verdict of $240,000.
Location: Douglas County, Nebraska
Case Name and Docket Number: Bertch v. Shelly, 1011-980

Laundry Truck Driver Liable for Head-On Collision

Type of Injury: Fractured heel; nose, sternum and facial lacerations.
Type of Accident: Head-on
Award/Settlement Amount: $250,000
Case Summary: Defendant was driving a laundry truck at dusk on a rainy day on a two-way road separated by a double yellow line. Traffic in front of defendant came to a sudden stop and defendant braked. Defendant’s truck skidded across the center line and struck plaintiff’s vehicle head-on. Defendant was driving slower than the posted speed limit at the time of the accident. Plaintiff suffered a fractured heel, nose, sternum and facial lacerations. Defendant contended that: he responded to a sudden emergency in his lane of traffic; road conditions caused him to lose control of his vehicle; and the accident was unavoidable. Jury returned a plaintiff verdict.
Location: Douglas County, Nebraska
Case Name and Docket Number: Fieldgrove v. Sok, A-95-569

Pedestrian Pinned Between Two Vehicles

Type of Injury: Lacerations to his legs and chin; a complete tear of the anterior cruciate ligament; injuries to his left foot, left ankle and left knee
Type of Accident: Pedestrian
Award/Settlement Amount: $265,000
Case Summary: Plaintiff pedestrian was standing in a private driveway near a Road. Defendant 1 was operating a vehicle owned by Defendant 2, traveling eastbound on same Road. Defendant1 crossed the center line and entered the westbound lane, striking a vehicle operated by a third party. The third party’s vehicle struck plaintiff, pinning him between a parked car and the third party’s auto. Defendants admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff suffered lacerations to his legs and chin, a complete tear of the anterior cruciate ligament and injuries to his left foot, left ankle and left knee. Defendants merely contended that plaintiff was exaggerating the extent of his injuries and damages. Plaintiff received $ 265,000 in a jury verdict.
Location: Douglas County, Nebraska
Case Name and Docket Number: McDaniel v Crete Carrier Corporation, 207 NO: 1693

Necessity of Chiropractic Treatments Challenged

Type of Injury: Neck and back injuries-cervical and lumbar strains, with radiculopathy
Type of Accident: Rear-end
Award/Settlement Amount: $375,000
Case Summary: Plaintiff and the defendant were operating their respective vehicles when plaintiff was rear-ended by defendant. The impact resulted in plaintiff sustaining cervical and lumbar strains, with radiculopathy. Defendant did not admit liability but did not vigorously contest it. Defendant however argued that plaintiff’s injuries were exaggerated and the chiropractic treatments were not medically necessary. Jury returned a plaintiff verdict in the amount of $375,000 plus interest.
Location: Douglas County, Nebraska
Case Name and Docket Number: Wehner v. Christensen, 1057278

Drunk Driver and Rental Company Liable for Head-On Collision

Type of Injury: Hip injury-acetabular fracture; Wrist injury-fractures of the left distal radius; fractured rib; facial lacerations
Type of Accident: Head-on
Award/Settlement Amount: $500,000
Case Summary: Plaintiff was traveling at 2:00 a.m. Defendant1 was driving in the opposite direction. Defendant1 crossed the center line and struck plaintiff’s car head-on. At the time of the accident, Defendant1 was operating an automobile leased from Defendant 2. Plaintiff suffered a displaced right acetabular fracture requiring traction, fractures of the left distal radius, fractured ribs, fractured left wrist and facial lacerations requiring plastic surgery. Plaintiff contended that Defendant1 was negligent in driving while under the influence of alcohol and that Defendant2 was negligent in failing to discover Defendant1’s history of alcohol related auto accidents prior to leasing her an automobile. The case settled for $500,000 prior to trial.
Location: Douglas County, Nebraska
Case Name and Docket Number: Cruz v. Lopez, S-17-1240

Professional Driver Responsible for Head-On Crash

Type of Injury: Fractured knee; fractured rib; Others-Left ankle, right arm and a closed head injury
Type of Accident: Head-on
Award/Settlement Amount: $554,000
Case Summary: Plaintiff was a passenger in a car operated by her son. Defendant was driving in the opposite direction. A third party was attempting to make a left turn across the southbound lanes. As the third party inched into a southbound lane, defendant sideswiped her vehicle. Defendant swerved sharply to the right, traveled across a lawn, struck another vehicle, crossed the median, entered the northbound lanes and struck plaintiff’s vehicle head-on. Plaintiff suffered a fractured knee requiring insertion of steel rod, fractured rib, closed head injury, among other injuries. Plaintiff claimed $70,000 in medical specials. Defendant contended that he was traveling only 25 m.p.h. when he struck the third party’s vehicle. Plaintiff’s award of $554,000 plus interest and costs yielded a total verdict of $600,000.
Location: Douglas County, Nebraska
Case Name and Docket Number: Faltys v. United Transport, Inc., 208 NO: 1675

Back-Seat Passenger Suffers Traumatic Brain Injury

Type of Injury: Traumatic brain injury-loss of sense of taste and smell and permanent cognitive deficits; Lacerations to head and scalp with permanent scarring.
Type of Accident: Side-impact
Award/Settlement Amount: $1,130,000
Case Summary: Plaintiff was a back seat passenger in a vehicle that Defendant1 was driving. They collided with Defendant2’s vehicle in the middle of an intersection. Defendant1 was operating a vehicle owned by her mother, Defendant 3. Defendant2 was operating a leased vehicle owned by Defendant 4. Plaintiff suffered significant injuries including mild traumatic brain injury resulting in permanent loss of sense of taste and smell and permanent cognitive deficits and lacerations to head and scalp with permanent scarring. Defendant1 and Defendant 3 settled with plaintiff prior to trial for $250,000. The other Defendants contended that Defendant1 had the duty to yield the right-of-way to Defendant2 and that plaintiff was exaggerating the nature and extent of her injuries. Jury returned a plaintiff verdict for $1,130,000 with 70% negligence against Defendant2 and 30% against Defendant1.
Location: Douglas County, Nebraska
Case Name and Docket Number: Austin v. Timperley, A-12-933

Methodology

We analyzed a group of Nebraska lawsuits filed by plaintiffs injured in motor vehicle accidents, including motorcycle accidents. Plaintiffs include drivers and passengers. All plaintiffs in the group received a final payout from a jury award or negotiated an out-of-court settlement.

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, motorcycles, and a pedestrian, with injuries ranging from soft-tissue injuries to significant brain injury.