Explore payouts to actual California car accident victims. Look for cases with injuries similar to yours.

Each year, more than 15,000 people are seriously injured in California vehicle accidents and more than 4,000 are killed.¹

The average car accident settlement for a moderate injury claim in California is $50,054. Average payouts range from $7,439 for minor injuries to $1,373,155 for severe injuries.

Average California Car Accident Settlement Amounts

We gathered and analyzed a group of car accident cases filed in California by injury victims. Each injured plaintiff received compensation through arbitration, a pre-trial settlement, or a jury award.

Average Payout by Severity of Injury
Minor Injury	$7,439
Moderate Injury	$50,054
Severe Injury	$1,373,155
Payout Range by Type of Accident
Rear-End Collisions	$2,500 - $5,750,000
Side-Impact Collisions	$1,070 - $2,880,984
Head-On Collisions	$12,500 - $4,200,000

This collection of California car accident cases represents a wide variety of accident types, injury severity, and resulting payouts. Seven cases have payouts in excess of $1 million to victims who suffered multiple serious injuries. Most car accident claimants can expect compensation in the moderate range.

This group of cases illustrates that neck and back injuries are common in all types of accidents. Many accident victims suffer more than one type of injury, especially in severe accident cases. Payouts to car accident victims are meant to compensate for all their damages, not just one specific injury.

How Accident Settlements Are Calculated

The easiest way to estimate a fair payout for mild to moderate injury claims is the “multiple method.”

Begin by adding up all economic damages, like medical expenses and lost wages. Then add one to three times that amount to compensate for non-economic damages, often called pain and suffering.

A multiple of one can be used for minor injuries, like bumps and bruises. A multiple up to three is appropriate for more extensive injuries, depending on how much the injuries interfered with your activities of daily living.

Severe injury claims must be evaluated by an experienced personal injury attorney. An attorney will make sure the settlement demand takes into account future medical treatment, future loss of income, and the extreme pain and suffering caused by severe injuries.

Other factors that influence injury payouts in California:

• Impact Severity – Insurance adjusters and jurors may be skeptical of serious injury claims arising from minor fender benders. Serious injuries are more often the result of high-speed accidents.
• Shared Fault – California is a pure comparative fault state. This means you can file a claim against the other party even if you’re mostly at fault for the accident. Your payout will be reduced according to your percentage of fault.
• Auto Policy Limits – California requires all drivers to carry insurance no less than $15,000 per person and $30,000 per accident bodily injury liability, and $5,000 property damage liability. The minimum limits won’t come close to covering significant injuries.
• Uninsured/Underinsured – California requires insurers to offer uninsured (UMC) and underinsured (UIM) motorist coverage equal to your policy’s liability limits. Policyholders are allowed to waive UMC and UIM coverage, but may be left with little or no compensation if an at-fault driver is uninsured or underinsured.
• Multiple Claimants – When two or more people are injured in the same crash, the at-fault driver’s liability limits may not be enough to fully compensate all victims.
• Punitive Damages: California only allows punitive damage awards when the at-fault party is proven to be guilty of oppression, fraud, or malice.

Frequently Asked Questions

Minor Injury Case Examples

Minor car accident injuries are primarily soft-tissue injuries like bumps, bruises, and sprains. The person should fully recover within several weeks and only miss a few days of work.

Jury Questions Victim’s Credibility

Type of Injury: Soft tissue neck and back injuries
Severity Rating: Minor
Type of Accident: Side-impact
Award/Settlement Amount: $1,070
Case Summary: Plaintiff was driving a car northbound in the far right lane. Defendant was driving a pickup in the same direction, but one lane to the left. Near an intersection, defendant made an unsafe lane change to the right, and the right side of his pickup collided with the left side of plaintiff’ car, which then went off the roadway. Plaintiff claimed she suffered soft-tissue injuries to her neck and back. Defense counsel disputed the damages, pointing out that plaintiff had four prior motor vehicle accidents with similar injury claims. The jury awarded plaintiff only $1,070 for her hospital visit. In post-trial interviews, jurors reported that they did not believe plaintiff was really injured, nor did they think her testimony was credible.
Location: Sacramento County, California
Case Name and Docket Number: Hines v. Alcaraz, 04AS014388

Small Jury Award for Low-Impact Collision

Type of Injury: Whiplash injury to the neck
Type of Accident: Rear-end
Award/Settlement Amount: $2,500
Case Summary: Plaintiff was a passenger in an automobile stopped at a traffic light. While stopped, Plaintiff’s vehicle was rear-ended by a vehicle driven by Defendant. Liability was admitted and the case proceeded on issue of damages. Plaintiff alleged that the force of the impact caused her to suffer a severe whiplash injury to the neck, resulting in a 9% permanent partial disability. Defendant contended that this was a minor impact with no more than a scratch to plaintiff’s vehicle and plaintiff’s injuries could not have been caused by this accident. Jury awarded $2,500 to plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Begando v. Peterson, YC 041 783

Plaintiff’s Award Reduced for Shared Fault

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $2,898
Case Summary: Plaintiff was driving northbound. She stopped her vehicle at a red light at an intersection. Defendant, driving his pickup northbound, rear-ended plaintiff’s stopped vehicle. Plaintiff said she slowed, and then stopped, as the light turned from yellow to red. Her counsel introduced a witness, who confirmed plaintiff’s version of the event. Defendant argued that the plaintiff cut in front of him and then abruptly stopped at the red light. Plaintiff claimed soft tissue neck and back injuries for which she was treated by a chiropractor for nine weeks. Defendant’s expert witness testified that plaintiff may have suffered a mild sprain/strain injury, but treatment beyond a few days was unreasonable. Jury returned a verdict for plaintiff $4,831 gross, reduced to $2,898 net based on a finding of 40% comparative negligence.
Location: Contra Costa County, California
Case Name and Docket Number: Mangalindan v. Barker, CIV 501 2166

Small Award for Aggravation of Old Injuries

Type of Injury: Soft tissue neck and back injuries; an exacerbation of preexisting underlying neck and back condition
Type of Accident: Rear-end
Award/Settlement Amount: $3,000
Case Summary: Plaintiff was driving her vehicle on a dark, rainy evening. Her vehicle was rear-ended by a vehicle driven by Defendant after plaintiff stopped at a stop sign. Plaintiff claimed soft tissue neck and back injuries and an exacerbation of preexisting underlying neck and back condition associated with prior accidents. Defendant admitted liability for the accident, but contended the minor accident did not cause plaintiff’s injuries. He argued that plaintiff may have suffered an aggravation of her pre existing injuries for a short period of time, but she did not sustain new injuries due to this accident. The jury returned a $3,000 verdict for plaintiff.
Location: Orange County, California
Case Name and Docket Number: Pierce v. Lana Thi Gray, 30-2015-00783934

Defendant Disputes Knee and Shoulder Injuries

Type of Injury: Soft tissue injuries to hip, chest and forehead; others-shoulder pain and synovitis in the knees
Type of Accident: Side-impact
Award/Settlement Amount: $3,096
Case Summary: Plaintiff was driving a car westbound. He was broadsided on the driver side by defendant, who drove a pickup truck through a red light while driving northbound. Immediately after the accident, plaintiff was taken by ambulance to a hospital, where she complained of hip, chest and forehead pain and underwent X-rays. Two weeks later, she followed up with her regular doctor, complaining of chest, shoulder and hip pain. She was diagnosed with synovitis in the knees. The doctor prescribed anti-inflammatories, and plaintiff underwent physical therapy. The defendants did not contest liability. The defendants argued that all treatment for the knee and shoulder, and all treatment that commenced two weeks thereafter, did not relate to the accident. After a bench trial, the court awarded plaintiff $3,095.80.
Location: Alameda County, California
Case Name and Docket Number: Cooper v. Becerra, RG07363399

Plaintiff and Defendant Equally At Fault

Type of Injury: Plaintiff driver-soft tissue injuries to the neck and back; and a knee contusion: Plaintiff passenger-soft tissue injuries to neck
Type of Accident: Side-impact
Award/Settlement Amount: $4,142
Case Summary: Plaintiffs were making a left turn from southbound to eastbound route. Defendant was making a left turn from a driveway on the south side of the street to go west. Plaintiffs’ vehicle was traveling at an estimated speed of 5-10 miles per hour. Plaintiffs contended that defendant violated their right-of-way while turning left onto the roadway they were on. Defendant said that plaintiffs ran straight into her, not while turning left. Plaintiff driver claimed soft tissue injuries to the neck and back, and a knee contusion. Plaintiff passenger claimed soft tissue injuries to neck. The jury awarded the plaintiffs’ a gross award of $8,284. The award was reduced to $4,142 based on the jury’s findings of 50% comparative negligence on the part of the plaintiff driver.
Location: Los Angeles County, California
Case Name and Docket Number: Chavez v. Julie Abbott, GC 025 248

Jury Award to Plaintiff with Prior Accident History

Type of Injury: Soft tissue injuries to neck and back
Type of Accident: Side-impact
Award/Settlement Amount: $4,625
Case Summary: Defendant, who was operating her own vehicle, exited a side street and struck plaintiff’s vehicle broadside. Defendant admitted she struck plaintiff’s vehicle and the case proceeded on the issues of damages and proximate cause. Plaintiff claimed soft tissue neck and back injuries as a result of the collision. Plaintiff acknowledged she was involved in previous accidents and a subsequent accident with similar injuries. However, she argued that she recovered from her prior injuries before this accident. Defendant contended this minor accident did not cause plaintiff’s injuries. Further, defendant asserted that plaintiff was involved in prior and subsequent accidents with claims of similar injuries. The jury awarded plaintiff $4,625 in damages.
Location: San Mateo County, California
Case Name and Docket Number: Blondell v. Miller, 409962

Defendant Disputes Nature and Extent of Plaintiff’s Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was operating her vehicle east. At an intersection controlled by a traffic light, Defendant1 made a right turn from a red light in front of plaintiff’s oncoming vehicle. Plaintiff swerved to avoid a collision with Defendant1 and then came to a stop. However, plaintiff was rear-ended by Defendant 2. Plaintiff claimed soft tissue neck and back injuries which resolved. She also claimed medical expenses of $3,830 and approximately $1,500 for four weeks of lost wages. Defendants blamed each other for causing the accident. There was also a dispute regarding the nature and extent of plaintiff’s injuries. Jury returned a verdict plaintiff in the amount of $5,000.
Location: Los Angeles County, California
Case Name and Docket Number: Farahmand v. Ward II, BC523509

Two Defendants Liable for Plaintiff’s Damages

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $6,446
Case Summary: Plaintiff was operating a vehicle with her sister as a passenger. Plaintiff activated her left turn signal and came to a stop waiting for traffic to clear so she could execute the turn. Defendant, who was operating a vehicle on the same street and in the same direction as the plaintiffs, failed to stop and rear-ended plaintiffs’ car. Plaintiffs’ vehicle sustained moderate property damage. Defendant was operating a vehicle owned by her father at the time of the collision. Defendants admitted liability. Plaintiffs alleged that they sustained soft tissue neck and back injuries as a result of this accident. Defendants disputed the plaintiffs’ injuries. A jury deliberated for 2.5 hours before returning a $12,892 verdict in favor of plaintiffs against both defendants.
Location: Sacramento County, California
Case Name and Docket Number: Toro v. Franco, 34-2010-00069054

Plaintiff Settles Parking Space Injury Case

Type of Injury: Soft tissue injuries-neck and back strain, headaches, and bilateral shoulder pain
Type of Accident: Rear-end
Award/Settlement Amount: $6,500
Case Summary: Plaintiff was driving a truck while making deliveries for his employer. As Plaintiff was backing into the parking space, Defendant hit the rear of the delivery truck. Plaintiff claimed defendant was talking on a cell phone and failed to watch the traffic. Defendant argued she was in the curb lane intending to make a right turn when she noticed Plaintiff begin to back up. She attempted to alert him with her horn, but there was no response. He backed into her vehicle, which was in a parked position. Plaintiff claimed neck and back strain, headaches, and bilateral shoulder pain. The case settled for $6,500 prior to trial.
Location: San Diego County, California
Case Name and Docket Number: Taila v. Rivera, EC 17155

Trucker and Wife Settle Injury Claims

Type of Injury: Plaintiff 1-soft-tissue neck strains and sprains: plaintiff 2- soft-tissue neck strains and sprains; a small annular tear at the C4-5
Type of Accident: Side-impact
Award/Settlement Amount: $6,200
Case Summary: Plaintiff, a truck driver, was driving northbound with his wife, plaintiff 2, in the front passenger seat. They attempted to cross an intersection and broadsided a vehicle operated by defendant, who was making a left turn from southbound onto an eastbound Road. Plaintiffs claimed that defendant failed to yield to oncoming traffic at the subject intersection. Defendant admitted liability for the accident. Plaintiffs were each diagnosed with soft-tissue neck strains and sprains, while plaintiff2’s diagnosis also included a small annular tear at the C4-5 level. Defense counsel contended that the plaintiffs were involved in a subsequent motor vehicle accident, and that all of their alleged injury complaints were related to that second accident. The parties ultimately agreed to a $12,400 settlement.
Location: Riverside County, California
Case Name and Docket Number: Cazeneuve v. Craig, RIC1120276

Commercial Truck Driver Liable for Accident

Type of Injury: Neck injury-Bulging disc at C5-C6
Type of Accident: Rear-end
Award/Settlement Amount: $6,700
Case Summary: Plaintiff was driving her car in heavy stop-and-go traffic. When she stopped, her car was rear-ended by a commercial truck driven by Defendant. Defendant admitted he was inattentive and struck the rear of plaintiff’s vehicle. The case proceeded to trial on the issues of proximate cause and damages. Plaintiff was initially diagnosed with a cervical disc bulge at C5-C6, but was diagnosed via MRI with a broad based disc herniation. She claimed she was asymptomatic before the accident, having recovered from a prior auto-related neck injury. Her treating physicians testified to the causal connection between the accident and plaintiff’s injury. Defendant argued that plaintiff’s claim for herniated discs was both degenerative in nature and related to the prior accident rather than this accident. The jury awarded plaintiff $6,700.
Location: San Francisco County, California
Case Name and Docket Number: Louie v. Cong Le, CGC-09-488895

Jury Award with No Finding of Comparative Negligence

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: At an intersection controlled by a traffic light, Plaintiff’s vehicle was struck on the right side by Defendant, who had been traveling behind plaintiff and was attempting to pass plaintiff on the right. Plaintiff claimed defendant was responsible for the accident and his soft tissue neck and back injuries. Defendant argued that plaintiff signaled a left turn and then abruptly turned right in the path of defendant’s vehicle as defendant attempted to pass on the right. Defendant contended that plaintiff was comparatively negligent in that he signaled a left turn when he intended to turn right. Defendant also disputed the nature and extent of plaintiff’s injuries. Plaintiff denied he activated his left turn signal. After 3 hours of deliberation, jury awarded plaintiff $10,000 with no finding of comparative negligence.
Location: Los Angeles County, California
Case Name and Docket Number: Smolinski v. Darna, 00C01603

Award to Plaintiff Despite Challenges to Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff and Defendant were driving their respective vehicles on intersecting streets. At the intersection of the two roads, defendant ran a stop sign and broadsided plaintiff’s vehicle. As a direct result of the collision, plaintiff asserted that she suffered soft tissue neck and back injuries requiring treatment and resulting in permanent limitations in her neck and back. Defendant admitted liability, but disputed plaintiff’s damages. Defendant contended plaintiff had previously treated for lower back pain and not all of her injuries were directly related to this accident. Defendant argued that plaintiff was involved in a subsequent minor rear-end accident in which she claimed an aggravation of her injuries. A jury awarded $10,000 to plaintiff.
Location: San Francisco County, California
Case Name and Docket Number: Hayes v. Wong, CGC-09-486697

Red Light Runner Liable for Two Victim’s Injuries

Type of Injury: Plaintiff 1-Back injuries- lumbar and thoracic bruising with joint dysfunction; and soft-tissue injuries in her neck and back. Plaintiff 2-soft-tissue injuries in entire right side of her body
Type of Accident: Side-impact
Award/Settlement Amount: $10,155
Case Summary: Plaintiff 1 was driving westbound with plaintiff 2 riding as a passenger. While making an unprotected left turn at an intersection, their auto was broadsided by defendant, who was heading eastbound on the same roadway. The plaintiffs alleged that defendant ran a red light and impacted their vehicle after it had already begun its turn. Plaintiff1’s examination revealed lumbar and thoracic bruising with joint dysfunction as well as soft-tissue injuries in her neck and back. Plaintiff 2, who complained of severe pain in the entire right side of her body, was diagnosed with soft-tissue injuries. Defendant denied running a red light and countered that Plaintiff1 failed to check that traffic was clear before beginning her left turn. Defendant argued that the chiropractic bills were excessive. Jury found for plaintiffs and awarded $4,576.32 for plaintiff1 and $10,154.97 for plaintiff 2.
Location: Alameda County, California
Case Name and Docket Number: Beckwith v. Tate, RG08395973

Plaintiff Award Includes Loss of Vacation Time

Type of Injury: Soft tissue neck and low back strain; chest wall strain
Type of Accident: Side-impact
Award/Settlement Amount: $10,434
Case Summary: Plaintiff was driving her vehicle through an intersection with the right-of-way when she was “T-boned” by a vehicle driven by Defendant. Defendant admitted that he failed to stop at a stop sign and struck plaintiff’s vehicle. This was a low speed accident. Plaintiff alleged that she suffered soft tissue neck and low back strain and a chest wall strain as a direct result of this accident. Plaintiff sought pain and suffering and loss of vacation time which she used for her recuperation. Defendant disputed the nature and extent of plaintiff’s claims. A jury returned a verdict of $10,434.37 for the plaintiff.
Location: San Francisco County, California
Case Name and Docket Number: Latour v. Zheng, CGC-11-508823

Defendant Testifies to Being Blinded by Snowstorm

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $10,840
Case Summary: Plaintiff was driving during a snowstorm. He noticed an abandoned vehicle partially in the right lane ahead of him. He attempted to change lanes to avoid the disabled vehicle and was hit from behind by a car driven by Defendant. The impact caused plaintiff’s car to spin out of control and come to rest against a guardrail. Plaintiff claimed to have sustained soft tissue neck and back injuries as a direct result of this accident. Defendant contended plaintiff unexpectedly moved into his lane of travel and created a sudden emergency such that he could not avoid a collision. Defendant testified he was driving 35 mph and was unable to see in front of him because of the snowstorm. A jury awarded plaintiff $10,840.
Location: San Francisco County, California
Case Name and Docket Number: Marks v. Cortez, CGC-09-484399

Defendant Blames Plaintiff’s Elderly Mother for Crash

Type of Injury: Soft tissue injury to neck, shoulder and lower back; an aggravation of a previous neck condition
Type of Accident: Rear-end
Award/Settlement Amount: $12,143
Case Summary: Plaintiff was a passenger in a vehicle driven by his 80 year old mother. Their vehicle was stopped at a stop sign when it was rear-ended by a vehicle driven by Defendant. Defendant admitted liability. Plaintiff alleged that he sustained soft tissue injury to neck, shoulder and lower back as well as an aggravation of a previous neck condition as a direct result of this accident. Defendant claimed that this was a minor accident and plaintiff’s driver was comparatively negligent in stopping abruptly. Defendant also argued that plaintiff’s complaints preexisted this accident and disputed the nature and extent of the alleged injury. Jury awarded $12,143 to plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Lough v. Weinstein, OOC01655

Award to Plaintiff Who Delayed Medical Treatment

Type of Injury: Lower back injury-disc protrusion at L4-5
Type of Accident: Head-on
Award/Settlement Amount: $12,500
Case Summary: Plaintiff was traveling eastbound, and had reached a green light at an intersection. Defendant was driving his pickup truck west, in the same intersection. Plaintiff slowed down because there were two vehicles making a left turn in front of him. Plaintiff saw defendant, but assumed he was going to yield before turning. However, the two vehicles hit head on as defendant attempted a left turn in front of plaintiff. The defense admitted fault and argued damages. Plaintiff did not begin receiving treatment until nearly 3.5 weeks after the accident. He was treated by a chiropractor for two months. Subsequently, an MRI of the lower spine revealed a 6 mm posterior disc protrusion at L4-5. The defense argued that plaintiff sustained nothing more than soft-tissue injuries. The jury awarded plaintiff lump sum damages of $12,500.
Location: Sacramento County, California
Case Name and Docket Number: Bowers v. Roberts, 02AS02762

Injury Award for Collision Near Police Station

Type of Injury: Soft tissue neck and back injuries; aggravation of pre-existing cervical and lumbar disc injuries
Type of Accident: Rear-end
Award/Settlement Amount: $14,335
Case Summary: Plaintiff came to a stop in heavy traffic near police station and his vehicle was rear-ended by a vehicle driven by defendant. The two drivers drove into the parking lot of the police station to exchange information and file a police report. Plaintiff claimed new soft tissue neck and back injuries as a result of the accident. Defendant admitted liability for causing this minor accident, but disputed injury causation and damages. Plaintiff sought orthopedic and chiropractic treatment and underwent a diagnostic MRI. He was diagnosed with aggravation of pre-existing cervical and lumbar disc injuries. Defendant contended that this minor accident could not have caused any serious injuries. Defendant maintained that plaintiff had extensive pre-existing problems from a prior accident. The jury awarded $14,335 to plaintiff.
Location: San Francisco County, California
Case Name and Docket Number: Mui v. Chen, CGC-13-534846

Moderate Injury Case Examples

Moderate car accident injuries include more extensive soft-tissue injuries, serious sprains, slipped or herniated discs, concussions, and simple fractures. Recovery may take months, and victims may be left with some residual impairment. Depending on the physical demands of their job, the victim may be out of work for an extended period.

Parties Negotiate Auto Injury Settlement

Type of Injury: Soft tissue neck and back injuries; shoulder injury- mild supraspinatus tendinosis
Type of Accident: Rear-end
Award/Settlement Amount: $15,000
Case Summary: Plaintiff stopped for a red light at an intersection. He was rear-ended by a vehicle operated by defendant. Plaintiff claimed that defendant was driving too fast for the street in question, and failed to slow and stop her vehicle in time to avoid the collision. Defendant admitted liability. Plaintiff went to the hospital the day after the accident, with complaints of pain in his neck, back and right, dominant shoulder. His neck and back injuries were of the soft-tissue variety, and he underwent a shoulder MRI that revealed mild supraspinatus tendinosis. Defendant claimed that plaintiff was involved in a prior motor vehicle accident, and that his orthopedic injuries were pre existing and degenerative in nature. The parties negotiated a settlement for $15,000.
Location: Contra Costa County, California
Case Name and Docket Number: Shipp v. Toole, CIVMSC10-00099

Plaintiff’s Expert Reports Partial Permanent Impairment

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $20,000
Case Summary: The plaintiff came to a stop and was rear-ended by defendant’s vehicle. Plaintiff alleged that she sustained soft tissue 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 $15,000 for pain and suffering and $5,000 for past medicals.
Location: Orange County, California
Case Name and Docket Number: Clement v. Philippsen, 30-2012-00616828-CU-PA-CJC

Gap In Treatment Impacts Injury Award

Type of Injury: Soft tissue neck, shoulder and arm injuries
Type of Accident: Side-impact
Award/Settlement Amount: $20,500
Case Summary: Plaintiff was driving east. He claimed his car was struck broadside by another vehicle which exited a private drive. The offending vehicle was driven by Defendant 1 and owned by Defendant 2. Liability was admitted and the case proceeded on the issues of causation and damages. Plaintiff claimed soft tissue neck, shoulder and arm injuries. Plaintiff argued he sought treatment soon after the accident and again later when his injuries did not resolve. Plaintiff denied that a subsequent accident caused his problems. Defendant contended plaintiff was fit and trim and able to enjoy a quality life. Defendant argued that plaintiff had a six month gap in treatment following this accident and sustained injuries in another accident nine months after this one. The jury awarded $20,500 to plaintiff.
Location: San Francisco County, California
Case Name and Docket Number: Pierucci v. Hernandez, CGC-13-534589

Injured Passenger Wins Award Against Other Driver

Type of Injury: Back injury- soft tissue lumbar sprain; others-rib pain and back pain radiating into both ankles
Type of Accident: Side-impact
Award/Settlement Amount: $21,000
Case Summary: Plaintiff was a passenger in a vehicle. Defendant was operating his own vehicle on an intersecting street. At an intersection controlled by a stop sign, defendant struck plaintiff’s vehicle broadside. The impact forced plaintiff’s vehicle into a guardrail. Plaintiff claimed to have sustained soft tissue lumbar sprain, rib pain, and back pain radiating into both ankles, as a direct result of this accident, Defendant admitted liability, but disputed the nature and extent of plaintiff’s injuries. The jury deliberated for 2 hours before returning the verdict for plaintiff in the amount of $21,000.
Location: Fresno County, California
Case Name and Docket Number: Tiller v. Lundy, 11CECG01094

Award for Plaintiff With Two Other Pending Lawsuits

Type of Injury: Soft tissue neck injury resulting in headaches
Type of Accident: Rear-end
Award/Settlement Amount: $35,133
Case Summary: Plaintiff was a front-seat passenger in a vehicle driven by defendant. Defendant rear-ended another vehicle, causing plaintiff to strike her head on the windshield. Liability was admitted and the case proceeded on the issue of damages only. Plaintiff alleged that she suffered a permanent soft tissue injury of the neck resulting in headaches as a direct result of this accident. Defendant contended that plaintiff was not injured to the extent she claimed, arguing that any permanency was the result of two subsequent motor vehicle accidents in which she was involved. Jury awarded plaintiff $35,133. Per plaintiff’s counsel, evidence that plaintiff had two other lawsuits pending resulting from other motor vehicle accidents may have had an impact on the outcome.
Location: San Diego County, California
Case Name and Docket Number: Maggio v. Gregory, 37-2015-00037416-CU-PA-CTL

Alleged Meth User Settles Auto Accident Injury Claim

Type of Injury: Head injury-two-to-three-inch laceration to the back of his head; neck and back pain; and brain damage, resulting in blurred vision, dizziness, difficulty sleeping and headaches
Type of Accident: Rear-end
Award/Settlement Amount: $37,000
Case Summary: Plaintiff, 25, who was driving a utility truck, stopped for traffic and was rear-ended by a car driven by defendant. The force of the impact propelled plaintiff’s vehicle forward into the vehicle in front of him. Plaintiff struck his head on the rear window and the edge of a toolbox. He sustained a two-to-three-inch laceration to the back of his head; neck and back pain; and brain damage, resulting in blurred vision, dizziness, difficulty sleeping and headaches. Plaintiff claimed that he could not work after the accident, and that he was terminated as a result. The defendant admitted liability, but argued that methamphetamine use caused most of plaintiff’s problems. The parties settled for $37,000.
Location: San Bernardino County, California
Case Name and Docket Number: Bromage v. Schwalm, CIVVS702220

Plaintiff Award Despite Defendant Denial of Liability

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $37,815
Case Summary: Plaintiff slowed to make a left turn and was rear-ended by defendant. 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. Defendant conceded liability during the trial but continued to dispute the value of the plaintiff’s claim. The jury awarded plaintiff $37,815.
Location: San Francisco County, California
Case Name and Docket Number: Escobar v. Lee, CGC-12-524940

Jury Award for Plaintiff with Partial Disability

Type of Injury: Soft tissue neck injury; Back injury-two herniated discs
Type of Accident: Rear-end
Award/Settlement Amount: $38,522
Case Summary: Plaintiff came to a stop and her car was rear-ended by defendant’s vehicle. Plaintiff claimed she sustained a soft tissue neck injury and two herniated discs in her back as a direct result of this accident. She treated with a physical therapist for about one year post-accident and claimed a 10% permanent disability. She claimed $10,705 in past medical bills. Defendant admitted liability, but contended that plaintiff was not injured to the extent she claimed. Jury awarded $38,522 to plaintiff.
Location: San Francisco County, California
Case Name and Docket Number: Edwards v. McPeters, CGC-08-476232

Victim of Chain Collision Settles Injury Claims

Type of Injury: Back injury-aggravation of pre-existing degenerative disc disease
Type of Accident: Rear-end
Award/Settlement Amount: $44,000
Case Summary: Plaintiff stopped his car as a result of traffic. A medium-sized truck owned by Defendant rear-ended a jeep that was behind plaintiff’s vehicle. The force of the impact propelled the jeep forward so that it rear-ended plaintiff’s vehicle. Plaintiff claimed that the accident aggravated his pre-existing degenerative disc disease, which he had sustained as a result of judo and motor vehicle accidents. Prior to the subject accident, he received several nerve blocks and epidural injections. After the subject accident, he underwent an MRI, which showed no significant changes. He continued receiving nerve blocks and epidural injections after the accident. Defendant denied liability and argued that plaintiff’s injuries were pre-existing. The parties settled for $44,000.
Location: Los Angeles County, California
Case Name and Docket Number: Seck v. American Moving Parts, SC097053

Injured Plaintiff Equally At Fault for Collision

Type of Injury: Back injury-discs herniations atL4-5; neck injury-disc herniations at C3-4; a torn meniscus of the left knee
Type of Accident: Side-impact
Award/Settlement Amount: $45,680
Case Summary: Plaintiff was driving a pickup truck southbound. Defendant was driving a car in the same direction, but had pulled off the road to allow some friends in another vehicle to pass, so that she could follow them. As she turned back onto the road, she was broadsided by the plaintiff’s vehicle. Plaintiff alleged that defendant made an unsafe and illegal turn, and that he could not avoid the accident because she pulled in front of him suddenly. Defendant argued that plaintiff was speeding and inattentive at the time of the accident. Plaintiff suffered a torn meniscus of the left knee, and herniations to his L4-5 and C3-4 discs. Defense argued that plaintiff would not have been injured if he had been wearing a seatbelt. Jury awarded plaintiff $45,679.70, finding each driver 50 percent liable.
Location: Riverside County, California
Case Name and Docket Number: Cuevas v. Pucci, RIC457716

Defendant’s Insurer Refused to Pay Arbitration Award

Type of Injury: Soft tissue lower back injuries
Type of Accident: Head-on
Award/Settlement Amount: $48,441
Case Summary: Plaintiff 1 was stopped in her vehicle on eastbound route. Defendant turned left in front of plaintiff2’s vehicle. The collision between Plaintiff2 and Defendant caused Plaintiff2’s vehicle to strike plaintiff1’s vehicle head-on. Plaintiff2 settled with defendant prior to trial for a confidential amount. Defendant conceded liability, and the matter went to nonbinding arbitration. The arbitrator awarded plaintiff 1 $50,000, but defendant’s insurer refused to pay. Thus, the matter continued to an expedited jury trial. Plaintiff1 sustained soft tissue injuries to her lower back. She claimed that this caused her to suffer from radiating pain from the left cheek of her buttocks to her left leg. Defense counsel noted that MRIs taken of plaintiff1’s lower back after the motor vehicle accident showed only degenerative changes and nothing significant. Jury awarded plaintiff $48,441.
Location: San Joaquin County, California
Case Name and Docket Number: Cearley v. Vann, 39-2010-00237523-CU-PA-STK

Jury Finds Defendant Totally Liable For Crash

Type of Injury: Left knee injury; aggravation of a pre-existing lower back injury
Type of Accident: Side-impact
Award/Settlement Amount: $53,533
Case Summary: Plaintiff was driving his truck in the farthest right lane of northbound route. He entered an intersection and broadsided a car operated by defendant. Defendant was initially stopped at a stop sign. As she attempted to travel east, she crossed two southbound lanes and one northbound lane, but was broadsided by plaintiff’s truck as she was crossing the second northbound lane. Defendant had no injuries, but plaintiff claimed he injured his left knee and aggravated a pre-existing lower back injury. Defense counsel contended that plaintiff had sufficient time and distance to safely stop and avoid the collision. Thus, counsel argued that plaintiff was wholly, or partly, at fault for the accident. The jury found that defendant was 100 percent negligent. In addition, the jury determined that plaintiff’s damages totaled $53,533.43.
Location: San Diego County, California
Case Name and Docket Number: Castro v. Zimmerman, 37-2013-00051343-CU-PA-CTL

Driver Admits Fault While Challenging Plaintiff’s Injuries

Type of Injury: Neck and back injuries-unspecified disc protrusions
Type of Accident: Rear-end
Award/Settlement Amount: $57,000
Case Summary: Plaintiff was stopped at an intersection. Defendant failed to stop behind him, resulting in a rear end collision. Plaintiff claimed he sustained cervical and lumbar disc protrusions as a result of this accident. Defendant conceded liability but claimed that plaintiff’s injuries were not a result of the incident in question but, either degenerative changes and/or caused by a subsequent motor vehicle accident. The jury returned a $57,000 verdict in favor of plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Villalobos v. Aranda, MC023611

Plaintiff Expert Testifies to Permanent Injuries

Type of Injury: Neck, back and head injuries which frequent headaches
Type of Accident: Side-impact
Award/Settlement Amount: $60,000
Case Summary: Plaintiff was stopped in traffic. He attempted to make a left turn when Defendant broadsided his car as she was traveling in the oncoming lane. Both vehicles sustained severe property damage. Defendant admitted liability and the case proceeded on causation of damages and injury only. Plaintiff alleged that the wreck was the proximate cause of his cervical, lumbar, and head injuries which included frequent headaches. Plaintiff alleged he was unable to work for six months and claimed approximately $30,000 in past wage loss. Plaintiff’s orthopedist testified that plaintiff’s injury was permanent. Defendant argued that the job offer plaintiff’s wage loss claim was based upon was exaggerated. Jury awarded plaintiff $60,000.
Location: San Mateo County, California
Case Name and Docket Number: Lazaro v. Chen, CIV531605

Defendant Challenges Plaintiff’s Treatment Gap

Type of Injury: Soft tissue lumbar and leg injuries
Type of Accident: Side-impact
Award/Settlement Amount: $67,340
Case Summary: Plaintiff was a passenger in a car which was broadsided by defendant’s vehicle. Defendant was exiting a private lot when she drove out into the path of plaintiff’s vehicle. She admitted liability for causing the moderate impact accident just prior to trial. Plaintiff alleged he sustained lower back and leg injuries as a direct result of this accident. Plaintiff claimed that, even though he did not treat for several months after the accident, he continued to experience symptoms and sought treatment when the injuries did not resolve. Defendant acknowledged that plaintiff sought emergency treatment after the accident, but argued that plaintiff had no follow-up treatment for 4.5 months and any complaints at that time were unrelated to the collision. A jury returned a $67,340 verdict for plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Sivarajah v. Peck, BC546090

Thumb Injury Victim Settles With Defendant Before Trial

Type of Injury: Thumb injury
Type of Accident: Side-impact
Award/Settlement Amount: $72,500
Case Summary: Plaintiff’s vehicle collided with a car that was being driven by defendant, when one of the vehicles changed lanes. The parties disputed who made the lane change. The impact caused plaintiff to lose control of her vehicle and collide with the center median. Plaintiff said that defendant made a lane change and struck the passenger side of her vehicle. Plaintiff sustained a thumb injury, for which she saw a hand specialist and an orthopedist, and underwent physical therapy. She claimed that limited use of her thumb caused her to quit her job. Although the defendants argued that plaintiff caused the accident when she changed lanes, a witness testified during a deposition that defendant made numerous lane changes prior to the accident. The parties settled for $72,500.
Location: Los Angeles County, California
Case Name and Docket Number: Rodriguez v. Moran, KC049690

Drunk Driver Liable for Head-On Collision Injuries, PTSD

Type of Injury: Soft tissue wrist injury-right wrist pain; post-traumatic stress syndrome
Type of Accident: Head-on
Award/Settlement Amount: $75,000
Case Summary: Defendant, driving her SUV the wrong way on an Interstate, drove head-on into plaintiff’s car. This incident involved seven vehicles over a two-mile stretch. Traveling north, Defendant first struck vehicle A head-on. As defendant continued driving north, vehicle B swerved out of her way and sideswiped vehicle C. Next, she sideswiped a Sheriff’s patrol car, then rammed plaintiff’s vehicle head-on. Defendant did not stop her vehicle until it swiped vehicle E and could no longer operate due to major front end damage. As a result, defendant was charged with: three counts of felony driving under the influence with injury; three counts of driving with greater than .08 BAC with injury; and two counts of hit-and-run driving with injury. Plaintiff claimed right wrist pain and post-traumatic stress syndrome. The case settled for $75,000.
Location: Sacramento County, California
Case Name and Docket Number: Hencmann v. Bevilacqua, 421176

Large Award Despite Treatment Delay After Fender Bender

Type of Injury: Back injury-Lumbar disc herniation resulting in pain in leg
Type of Accident: Rear-end
Award/Settlement Amount: $75,000
Case Summary: Plaintiff was stopped at a red light when his vehicle was tapped from behind by another vehicle. Defendant told the investigating officer at the scene that her foot had slipped off the brake after she had come to a stop and that she rolled into plaintiff’s vehicle. Plaintiff did not receive any medical treatment until several months later, when he presented to his physician with complaints of leg pain. He sought additional treatment when the pain was unrelenting and progressed to his lower back. Approximately six months after the accident, plaintiff was diagnosed with lumbar disc herniation. He claimed his leg and back pain were the result of pressure caused by the herniation. Defendant contended that the force of the impact was insufficient to have resulted in the claimed injuries. Jury awarded $75,000 to plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Fernandez v. Perez, BC596045

Taxi Driver Solely Liable for Passenger Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $87,346
Case Summary: Plaintiff was a back-seat passenger in a taxi driven by defendant 1 and owned by defendant 2. Defendant 3, who was operating his own vehicle, was attempting to make a left turn when defendant1 tried to pass him on the left at a speed greater than the 25-mph speed limit, resulting in a broadside accident. Plaintiff presented to a local emergency room with complaints of neck and back pain. He was diagnosed with soft tissue cervical and lumbar injuries. Defendant1 and defendant2 asserted that defendant3 was the at-fault driver, arguing that defendant3 made a sudden left turn after signaling his intention to make a right turn. Defendant3 did not appear for trial. The defense also contended that plaintiff’s complaints were unrelated to this accident. Jury attributed 100% liability to defendant1 and determined that plaintiff’s damages totaled $87,346.
Location: Santa Clara County, California
Case Name and Docket Number: Navarro v. Rodriguez, 1-08-CV-119487

Jury Award for Plaintiff with Soft-Tissue Injuries

Type of Injury: Soft tissue neck and back injuries.
Type of Accident: Rear-end
Award/Settlement Amount: $90,277
Case Summary: While stopped for traffic, Plaintiff was rear-ended by a vehicle driven by Defendant. Defendant admitted he struck plaintiff’s vehicle in the rear. Plaintiff alleged that defendant had sufficient time to stop before striking his vehicle, despite the curving nature of the road. 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. 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 argued that plaintiff presented no traditional objective evidence of injury. Jury awarded plaintiff $90,277, primarily for his medicals.
Location: Riverside County, California
Case Name and Docket Number: Grover v. Olivo, RIC1119786

Severe Injury Case Examples

Severe accident injuries may include traumatic brain injuries, complicated fractures, multiple fractures, internal injuries, and significant neck and back injuries. Severe accidents often result in more than one type of serious injury and may leave the victim with partial or permanent disabilities.

Settlement Paid by At-Fault Driver’s Insurer and Plaintiff’s Insurer

Type of Injury: Back injury-3-millimeter lumbar sprain and strained disc bulge
Type of Accident: Head-on
Award/Settlement Amount: $100,000
Case Summary: Plaintiff alleged that a third motorist was waiting in the left turn lane, followed by plaintiff in her vehicle on the westbound side. At the same time, defendant was driving eastbound, failed to stop at a red signal, and collided with the third motorist’s approaching vehicle. The impact forced the third motorist’s vehicle to collide with the front of plaintiff’s vehicle. Plaintiff was transported via ambulance from the accident scene to a Hospital, where she was diagnosed with 3-millimeter lumbar sprain and strained disc bulge. She treated conservatively with physical therapy. Defendant did not admit liability, but did not vigorously dispute it. Before the trial began, the case settled for $100,000. Per plaintiff’s Counsel, defendant’s Insurer paid its policy limit of $50,000. The remaining $50,000 was procured as per plaintiff’s $100,000/$300,000 UIM policy.
Location: Orange County, California
Case Name and Docket Number: Hartley v. Lee, 30-2010-00402665

Passenger Suffers Concussion and Shoulder Injury

Type of Injury: Head injury-concussion and a laceration to his scalp; a right shoulder injury
Type of Accident: Side-impact
Award/Settlement Amount: $108,925
Case Summary: Plaintiff was a passenger in a car traveling northbound. Defendant was driving his vehicle westbound. Plaintiff contended that defendant ran a red light and T-boned plaintiff’s host vehicle while traveling approximately 40 miles per hour. Plaintiff sustained a concussion, a laceration to his scalp and a right shoulder injury due to the collision. Defendant admitted that he dropped his phone charger and took his eyes off the road. The parties settled the case for $108,925 prior to trial.
Location: San Francisco County,
Case Name and Docket Number: Guastucci v. Beebe, CGC-15-543720

Jury Award for Head Injuries, Hearing Loss

Type of Injury: Head injury-Aggravation of pre-existing TMJ condition, numbness of face and tongue, limitation of opening and closing mouth, and inability to chew; hearing loss
Type of Accident: Side-impact
Award/Settlement Amount: $150,000
Case Summary: Plaintiff was a passenger in a vehicle which was stopped at an intersection waiting to make a left turn. Defendant ran a stop sign and struck a vehicle which was traveling in the opposite direction of plaintiff’s vehicle. The second vehicle broadsided plaintiff’s vehicle. The left side of plaintiff’s face struck the window on the door. Plaintiff alleged that the negligence of each defendant contributed to the collision and that a pre-existing TMJ condition was aggravated in the accident. Plaintiff also claimed numbness of face and tongue, limitation of opening and closing mouth, inability to chew and some hearing loss. Each defendant contended that the negligence of the other driver was the sole proximate cause of the accident and that plaintiff’s injuries were pre-existing and not causally related to the accident. Jury awarded $150,000 to plaintiff.
Location: Los Angeles County, California
Case Name and Docket Number: Dessalign v. Zuniga, BC543516

Plaintiff Settled With Tractor-Trailer Driver and Employer

Type of Injury: Back injury-a disc protrusion at L4-5
Type of Accident: Side-impact
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was driving his truck northbound in the left no. 1 lane of two lanes. As plaintiff began to pass an 18-wheeler big rig truck on his right, in the no. 2 lane, the truck driver suddenly attempted a left turn and sideswiped his truck, causing him to veer into the southbound no. 1 lane. Plaintiff underwent an MRI of his lumbar spine, which revealed a disc protrusion at L4-5. He underwent surgery at L4-5 to treat the injury and followed up with physical therapy. Plaintiff alleged the defendant driver was negligent in the operation of the big rig, for being inattentive when making a left turn. Defendants did not contest liability, but disputed the nature and extent of plaintiff’s claimed injuries. Prior to trial, the parties negotiated a settlement in which plaintiff recovered $200,000.
Location: Ventura County, California
Case Name and Docket Number: Boczko v. Swift Transportation Company, 201000371828CU-PASIM

Settlement for Detached Retina and Permanent Vision Loss

Type of Injury: Eye injury-a detached retina in his right eye and later developed a cataract
Type of Accident: Side-impact
Award/Settlement Amount: $250,000
Case Summary: Plaintiff was driving a car eastbound. He was broadsided by an auto driven by defendant, after she had run a red light while driving southbound. The defendants did not dispute liability. Plaintiff sustained a detached retina in his right eye and later developed a cataract. He underwent several examinations and underwent retinal reattachment surgery and cataract surgery. He claimed permanent loss of vision, but did not require future medical care. The defendants argued that plaintiff contributed to his vision loss by not seeking medical treatment in a timely manner. The parties settled for $250,000.
Location: Los Angeles County, California
Case Name and Docket Number: Dale v. Lesher, KC053737

Plaintiff Suffered Complicated Leg Fractures

Type of Injury: Leg injury-a fractured tibia and a fractured fibula
Type of Accident: Side-impact
Award/Settlement Amount: $275,001
Case Summary: Plaintiff was driving a pickup truck southbound on Highway X when he broadsided the cab of a semi-truck that defendant was driving eastbound on Road Y. At the intersection, a stop sign controlled Road Y, but no stop sign or traffic lights controlled Highway X. Plaintiff alleged that defendant driver went through the stop sign without stopping. Plaintiff sustained a fractured tibia and a fractured fibula. He was taken by ambulance to an emergency room. Within one week, he underwent surgery to implant screws in his leg. He underwent physical therapy after his surgery. He missed about six months of work. The defendants argued that plaintiff could have avoided the accident. The defendants also disputed plaintiff’s lost earnings claim. The parties settled for $275,001.
Location: Imperial County, California
Case Name and Docket Number: Ferratt v. SpreadCo Inc, ECU04186

Jury Award for Injuries Causing Permanent Work Restrictions

Type of Injury: Back injury-a bulging lumbar disc
Type of Accident: Side-impact
Award/Settlement Amount: $419,842
Case Summary: Plaintiff was driving his vehicle with his 4 year old daughter as a passenger. He was driving with the right-of-way on a two-lane avenue when he broadsided a vehicle driven by Defendant 1. Defendant1 attempted a left turn from the right lane into the path of plaintiffs’ vehicle. Defendant2 owned the vehicle defendant1, an employee, was driving. Plaintiff driver claimed he sustained a bulging lumbar disc that limited his ability to work as a laborer, as the injury left him with permanent lifting and bending restrictions. Plaintiff passenger was not physically injured in the accident, but was evaluated at the emergency room following the accident. Plaintiff driver denied he was speeding and claimed significant property damage to his vehicle. Defendants disputed both liability and damages, but the jury awarded $419,842 to the plaintiffs.
Location: Los Angeles County, California
Case Name and Docket Number: Rodriguez v. Parkson, KC065118

Child Trick-or-Treater Suffers Traumatic Brain Injury

Type of Injury: Head injury-a blunt force trauma to the head, resulting in bleeding on the brain and a traumatic brain injury
Type of Accident: Pedestrian
Award/Settlement Amount: $600,000
Case Summary: Plaintiff, 12, was crossing a street near an intersection when he was struck by a vehicle. Plaintiff sustained a blunt force trauma to the head, resulting in bleeding on the brain and a traumatic brain injury. He was taken by ambulance to Hospital, where he underwent surgery to relieve the bleeding and spent over one month in critical care. He was then transferred to a long-term rehabilitation home, where he remained for several weeks. Plaintiffs’ counsel contended that other vehicles were stopped as a group of children, including plaintiff, were crossing the street after trick-or-treating. Thus, counsel argued that defendant driver was negligent for proceeding despite the presence of stopped vehicles. Defendants contended that plaintiff was crossing the street in the evening and wearing dark colors. The parties reached a $600,000 settlement.
Location: Orange County, California
Case Name and Docket Number: Conner v. Akaishi, 30-2009-00118040-CU-PO-CJC

Elderly Driver Runs Stop Sign – Liable for Victim’s Injuries

Type of Injury: Head injury-a closed head injury resulting in migraine headaches; soft tissue neck and back injuries resulting in 20% permanent partial disability of his thoracic spine
Type of Accident: Side-impact
Award/Settlement Amount: $814,043
Case Summary: Plaintiff was driving a truck on a side street, nearing a stop sign intersection. Plaintiff had the right-of-way at the intersection. Defendant, an elderly man, disregarded his stop sign and broadsided plaintiff’s truck at 40 m.p.h. Plaintiff’s truck was forced into a tree and plaintiff struck his head on the windshield on impact. His truck sustained $12,000 in property damage. Defendant was cited for disregarding a stop sign. Plaintiff alleged he suffered a closed head injury, as well as soft tissue neck and back injuries as a direct result of the collision, resulting in 20% permanent partial disability of his thoracic spine and migraine headaches. Defendant contended that plaintiff was exaggerating the severity of his injuries. Jury deliberated for 4.0 hours before returning a verdict of $814,043 in favor of plaintiff.
Location: Santa Clara County, California
Case Name and Docket Number: Avery v. McKee, 17CV309914

Jury Finds for Injured Passenger Plaintiff

Type of Injury: Neck injury-herniated cervical discs requiring a three level disc fusion surgery
Type of Accident: Rear-end
Award/Settlement Amount: $956,633
Case Summary: Plaintiff was a passenger in a vehicle. Plaintiff’s vehicle came to a stop to make a left turn. At the same time, defendant suffered a cramp in her right foot and removed her shoe. As a result, she was unable to press her brake pedal properly and rear-ended plaintiff’s host vehicle. Plaintiff suffered herniated cervical discs requiring a three level disc fusion surgery. Following surgery, plaintiff had less mobility in her neck. Plaintiff admitted to having a pre existing neck problem, but claimed it was asymptomatic before the collision. Defendant did not admit liability and contested damages. Defendant contended that plaintiff’s pre existing neck condition caused part of her neck pain. Plaintiff was awarded $956,633 by a jury.
Location: Los Angeles County, California
Case Name and Docket Number: Moran v. Share, BC566116

Victim Sues Her Insurance Company for Underinsured Coverage

Type of Injury: Neck injury resulting in cervical disc replacement surgery
Type of Accident: Rear-end
Award/Settlement Amount: $1,005,000
Case Summary: Plaintiff was driving when she was rear-ended in heavy traffic by an underinsured motorist. The motorist ultimately agreed to tender his policy limits. Plaintiff then sought further recovery via the supplementary-underinsured-motorist provision of her own insurance policy, which was administered by Defendant. Plaintiff claimed she sustained cervical injuries. She initially underwent conservative treatment, which provided minor relief. She was advised she was a candidate for cervical disc replacement surgery, but opted to first undergo an epidural injection. She claimed the epidural injection failed to resolve her neck complaints, and she subsequently decided to proceed with surgery. Defendant disputed the nature and extent of plaintiff’s injuries and treatment. The matter settled for the $1 million underinsured-motorist policy limit, plus $5,000 in medical payment benefits.
Location: Los Angeles County, California
Case Name and Docket Number: Betz v. Arch Insurance Company, ARLC-1427A2

Mediation Award Despite Defendant’s Expert’s Opinion

Type of Injury: Back and neck injuries- aggravation of preexisting cervical and lumbar conditions
Type of Accident: Rear-end
Award/Settlement Amount: $1,083,902
Case Summary: Plaintiff was a passenger in her husband’s vehicle. The vehicle was struck from behind by Defendant’s car while traveling in a stop-and-go traffic. Plaintiff sought immediate medical attention for aggravation of preexisting cervical and lumbar conditions. She ultimately underwent two surgeries for repair of cervical and lumbar vertebrae. Plaintiff maintained that the exacerbation and subsequent surgeries were the result of the rear-impact collision. Defendant admitted liability, but disputed the proximate cause of plaintiff’s personal injuries. Defense experts concluded that plaintiff’s injuries predated the accident and the surgeries were due to degenerative changes, not the motor vehicle collision. The parties settled for $1,083,902 at the conclusion of a one day mediation.
Location: San Bernardino County, California
Case Name and Docket Number: Perez v. Ilies, CIVDS1602356

LA Utility Company Liable for Car-Pedestrian Crash

Type of Injury: Back injury-herniated and protruded discs at L4-L5
Type of Accident: Pedestrian
Award/Settlement Amount: $1,313,355
Case Summary: Plaintiff was driving a car, approaching an intersection, when he hit black ice and spun out of control. Plaintiff’s vehicle came to a stop on the roadway and he exited the vehicle. Defendant2 approached plaintiff’s stopped vehicle from behind. She attempted to brake, but the black ice caused her to lose control of her vehicle and collide with plaintiff’s vehicle. The force of impact caused plaintiff’s vehicle to strike him, and propel him roughly 19 feet. Freezing temperatures and a leaking, 30-inch main water valve under the roadway caused the black ice. Plaintiff alleged a herniated and protruded disc at L4-L5. Defendant1 argued that it could not repair the leaking water valve because of a citywide moratorium on street repairs. Jury awarded plaintiff $1,313,355, finding that defendant1 created a dangerous condition and was 100 percent liable.
Location: Los Angeles County, California
Case Name and Docket Number: Pinchuk v. Los Angeles Department of Water and Power, LC080048

Hip Replacements After Teen Driver Ran Red Light

Type of Injury: Hip injury requiring three hip replacements
Type of Accident: Side-impact
Award/Settlement Amount: $1,357,746
Case Summary: Defendant, a 16-year-old with a provisional driver’s license, ran a red light and smashed his car into plaintiff’s vehicle. Following the collision, plaintiff underwent surgery and years of physical therapy and was expected to require three hip replacements during her lifetime. Plaintiff alleged that defendant driver was negligent in running the stop light. During trial, the parties disputed how the collision occurred. Defendant argued that he had come to a complete stop at the light, but then took his foot off the brake, and the vehicle rolled into the intersection. Two witnesses disputed that account, saying defendant was traveling about 45 mph when he ran the red light and T-boned plaintiff’s vehicle. The jury reached a verdict in plaintiff’s favor, awarding her a total of $1,357,746.36 in damages.
Location: Kern County, California
Case Name and Docket Number: Berry v. Owens, 1500-CV-275682

Crash Victim Suffers Fractured Hip, Ruptured Spleen, Impairment

Type of Injury: Hip injury-fractured left hip; Others-loss of spleen, traumatic arthritis and medial osteoarthritis of left hip with secondary lower back pain
Type of Accident: Head-on
Award/Settlement Amount: $1,436,756
Case Summary: Plaintiff was operating her vehicle southbound. She was involved in a collision with a vehicle driven by defendant. The accident happened when defendant exited a driveway and attempted to make a left turn in the path of plaintiff’s oncoming vehicle. The defense contended that defendant was a distance down the roadway when he made his turn and that plaintiff sideswiped his vehicle. Plaintiff suffered a fractured left hip, loss of spleen, traumatic arthritis and medial osteoarthritis of left hip with secondary lower back pain resulting in 25% permanent impairment of left hip. The defense contended that plaintiff’s injuries were unrelated to the underlying accident. The jury attributed 100 percent liability to defendant and awarded $1,436,756 to plaintiff.
Location: San Bernardino County, California
Case Name and Docket Number: Negoescu v. Sanchez, CIVVS1202206

Teen Driver with Narcolepsy Liable for Head-On Collision

Type of Injury: Hip injury-comminuted fracture of right femur; Back injury-herniated discs at L2-L3 and L5-S1; and sprained knee
Type of Accident: Head-on
Award/Settlement Amount: $1,700,000
Case Summary: Plaintiff was driving his van. Defendant 1,19, who suffered from narcolepsy and cataplexy, approached from the opposite direction. While attempting to pass another vehicle, defendant suffered a sleep episode, which caused him to cross into plaintiff’s lane of travel and to strike plaintiff’s van head-on. Within a split second, Defendant 2, who was following behind plaintiff, rear-ended plaintiff’s van. Plaintiff suffered a comminuted fracture of right femur requiring three surgeries, herniated disc in back at L2-L3 and L5-S1, and sprained knee. Plaintiff alleged that Defendant1 was negligent in speeding and in passing in a no passing zone. Defendant 1 Contended that he was not liable because he had no advanced notice of the narcoleptic episode. Defendant2 contended that he was faced with the same emergency which confronted plaintiff and that he acted in a like manner. Case settled for $1,700,000.
Location: Alameda County, California
Case Name and Docket Number: Hall v. Harelson, RG10517200

Jury Disregards IME Testimony, Awards Plaintiff

Type of Injury: Back injury-herniated lumbar disc at the L5-S1 level
Type of Accident: Rear-end
Award/Settlement Amount: $2,860,914
Case Summary: Plaintiff was a passenger in a vehicle when it was involved in a multi-vehicle, rear-end collision. The crash occurred when an intoxicated driver, defendant 1, while within the scope of his employment with defendant 2, struck the vehicle in front of him, resulting in the collision of multiple vehicles, including the lead vehicle, which contained plaintiff. Defendant1 admitted liability and admitted that his negligence caused harm to plaintiff. Plaintiff claimed he sustained a herniated lumbar disc at the L5-S1 level. Plaintiff ultimately underwent two surgeries, including a discectomy and a one level fusion two months prior to trial. Defendants’ orthopedic surgery expert saw plaintiff during an independent medical exam and opined that there was no evidence of trauma from the motor vehicle incident with defendant. The jury determined that plaintiff’s damages totaled $2,860,914.
Location: Sacramento County, California
Case Name and Docket Number: Record v. Reese, 34-2013-00147667

Mediated Settlement for Victim of Multiple Injuries, Coma

Type of Injury: Head injury-Traumatic Brain Injury and skull fracture-others pelvic and spinal fractures at L3 and L4
Type of Accident: Side-impact
Award/Settlement Amount: $2,880,984
Case Summary: Plaintiff was operating her vehicle at an intersection. Upon entering the intersection, she was broadsided by a van driven by defendant 1, an employee of defendant 2. The intersection was controlled by a traffic light. Plaintiff alleged that defendant1 ran a red light. Witnesses to the accident and the police report supported plaintiff’s assertion. Plaintiff was transported from the scene to a hospital, where she was treated for skull, pelvic and spinal fractures at L3 and L4. She also claimed a traumatic brain injury as a result of the head injury. She was in a coma for 25 days. Plaintiff underwent cervical fusion, physical therapy, occupational therapy and speech therapy, and required the use of a prism due to blurred vision. Defendants admitted liability and agreed to a $2,880,984 mediated settlement.
Location: Sacramento County, California
Case Name and Docket Number: Muniz v. Vanrein, 34-2012-00130385-CU-PA-GDS

Speeding Reckless Driver Liable for Head-On Crash Injuries

Type of Injury: Wrist injury-a comminuted wrist fracture; leg injury-an intra-articular fracture of her right tibial plateau, torn tendons in her left ankle and a left knee injury; Shoulder injury-adhesive capsulitis in her right shoulder (i.e. frozen shoulder syndrome)
Type of Accident: Head-on
Award/Settlement Amount: $4,200,000
Case Summary: Plaintiff was riding as a passenger in a minivan while on a school field trip. The minivan was struck head-on by a vehicle driven by defendant, who had been driving at speeds of up to 80 mph while passing vehicles across a double-yellow line. Plaintiff sustained a comminuted wrist fracture, an intra-articular fracture of her right tibial plateau, torn tendons in her left ankle, frozen shoulder syndrome and a left knee injury. Plaintiff was airlifted to a hospital, where she underwent surgery on her wrist and was admitted for approximately two weeks. She later underwent surgery on her ankle to repair the torn tendons. She also underwent rehabilitation and missed one year of work. Defendant did not vigorously dispute both liability and damages. An arbitrator found for plaintiff and awarded her $4,200,000.
Location: Los Angeles County, California
Case Name and Docket Number: Barboza v. Carson, BC 585104

Jury Award for Fractured Ribs, Punctured Lung, Neuropathy

Type of Injury: Ribs injury-eight fractured ribs; others-two punctured lungs, mild ulnar neuropathy of right arm above the elbow and soft tissue injury to back
Type of Accident: Rear-end
Award/Settlement Amount: $5,750,000
Case Summary: Eight fractured ribs, two punctured lungs, mild ulnar neuropathy of right arm above the elbow and soft tissue injury to back. Plaintiff was hospitalized for 6 days with bilateral chest tubes inserted for 2 or 3 days. He continued to have discomfort in his arm when raising it above shoulder level. He was assessed with a 10% impairment of the right arm and a 25% impairment of the back due to right ulnar neuropathy. Plaintiff claimed $20,000 in past medicals and lost wages of $250,000 to $500,000.
Location: Alameda County, California
Case Name and Docket Number: Ringseth v. Lea , RG18895260

Methodology

We collected and analyzed a group of lawsuits filed in California by plaintiffs who suffered injuries in motor vehicle accidents. All plaintiffs were compensated by an arbitration award, jury award, or an out-of-court settlement.

In cases with more than one injured party, the Award/Settlement Amount reflects the highest amount awarded to one individual person. The amount also shows the actual payout after any reductions for shared fault.

Averages are calculated by adding up the payout amounts for a group of cases, then dividing by the number of cases in the group. Exceptionally high awards will skew the average for the group.