Explore actual payouts from California side-impact accident lawsuits. See settlements and awards for injuries similar to yours.

A little over eight percent of speed-related fatal or serious injury crashes in California are side-impact collisions.¹

The average settlement for a moderate side-impact collision in California is $53,487. The payouts in our case group range from $1,070 for minor soft-tissue injuries to $2,888,984 for significant brain injuries and spinal fractures.

Average Payouts for California Side-Impact Collisions

These averages come from injury payouts in real California side-impact accident lawsuits. There are no cases in the group that did not result in a jury award, mediation award, or pre-trial settlement.

Average Payout by Severity of Injury
Minor Injury	$7,325
Moderate Injury	$53,487
Severe Injury	$717,393
Payout Range by Type of Injury
Neck and Back Injuries	$1,070 - $2,880,984*
Head Injuries	$60,000 - $2,880,984*

Factors Affecting California Accident Payouts

California is a traditional fault state, meaning car accident victims can file their initial injury claim against the at-fault driver’s auto insurance policy, or file a lawsuit against the at-fault parties. There is no “threshold” for injury claims as there are in no-fault states.

Side-Impact collisions include low-speed side crashes, sideswipe accidents, and high-impact T-bone or broadside collisions.

Other factors that influence injury payouts in California:

• Impact Severity – High-impact crashes with extensive vehicle damage are associated with higher payouts for more severe injuries.
• Shared Fault – California is a pure comparative fault state. You can file a claim against the other driver, even if you are also at fault for causing the accident. Your payout will be reduced in proportion to your share 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 be enough to cover serious injuries.
• Uninsured/Underinsured – California requires insurers to offer uninsured (UMC) and underinsured (UIM) motorist coverage equal to the policy’s liability limits. Policyholders can waive this coverage, but risk getting little or no compensation if they are badly injured by an underinsured driver.
• 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 pay all claims.
• Punitive Damages: California only allows punitive damage awards in personal injury cases when the at-fault party is guilty of oppression, fraud, or malice.

Minor Injury Case Examples

Minor injuries from a side-impact collision can include bumps, bruises, minor cuts, and sore muscles. Most minor injuries heal within a month. The victim might miss a few days of work due to soreness.

Jury Doubted Side-Impact Accident Victim’s Injuries

Type of Injury: Soft tissue neck and back injuries
Severity Rating: Minor
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

Knee and Shoulder Injuries from Broadside Collision

Type of Injury: Soft tissue injuries to hip, chest and forehead; others-shoulder pain and synovitis in the knees
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

Shared Fault for Side-Impact Accident

Type of Injury: Plaintiff driver-soft tissue injuries to the neck and back; and a knee contusion: Plaintiff passenger-soft tissue injuries to neck
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

Broadside Victim in Subsequent Car Accidents

Type of Injury: Soft tissue injuries to neck and back
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

Husband and Wife Settle Side-Impact Injury Case

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
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 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

Alleged Comparative Fault for Side-Impact Crash

Type of Injury: Soft tissue neck and back injuries
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 Despite Challenges to Side-Impact Crash Injuries

Type of Injury: Soft tissue neck and back injuries
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 Side-Impact Collision

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
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 for Low-Speed T-Bone Collision

Type of Injury: Soft tissue neck and low back strain; chest wall strain
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

Moderate Injury Case Examples

Moderate car accident injuries can include concussions, extensive soft-tissue injuries to muscles, tendons, or ligaments, simple fractures, disc injuries, and aggravation of pre-existing conditions. Victims may take months to heal with lingering impairments that keep them out of work.

Side-Impact Injury Award Despite Treatment Gap

Type of Injury: Soft tissue neck, shoulder and arm injuries
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

Jury Award to Passenger Injured in Broadside Crash

Type of Injury: Back injury- soft tissue lumbar sprain; others-rib pain and back pain radiating into both ankles
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

Plaintiff Equally At Fault for Side-Impact Collision

Type of Injury: Back injury-discs herniations atL4-5; neck injury-disc herniations at C3-4; a torn meniscus of the left knee
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 Solely Liable For Broadside Crash

Type of Injury: Left knee injury; aggravation of a pre-existing lower back injury
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

Side-Impact Defendant Challenges Plaintiff ‘s Wage Loss Claim

Type of Injury: Neck, back and head injuries which frequent headaches
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

Passenger Injured in Broadside Collision

Type of Injury: Soft tissue lumbar and leg injuries
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

Sideswipe Accident Victim Settles Thumb Injury Claim

Type of Injury: Thumb injury
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

Taxi Driver Liable for Passenger’s Side-Impact Crash Injuries

Type of Injury: Soft tissue neck and back injuries
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

Severe Injury Case Examples

Severe side-impact crash injuries are often life-threatening. Victims may suffer several types of serious injuries, such as brain and spinal cord injuries, multiple complex fractures, and internal injuries. The severely injured person may never be able to resume their pre-accident activities of daily living.

Defendant Blames T-Bone Crash on His Dropped Phone Charger

Type of Injury: Head injury-concussion and a laceration to his scalp; a right shoulder injury
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

Side-Impact Victim Suffers 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
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

Injured Plaintiff Sideswiped by Tractor-Trailer

Type of Injury: Back injury-a disc protrusion at L4-5
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

Red-Light Runner Liable for T-Bone Crash Injuries

Type of Injury: Eye injury-a detached retina in his right eye and later developed a cataract
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

Complicated Fractures from Broadside Collision

Type of Injury: Leg injury-a fractured tibia and a fractured fibula
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

Permanent Impairments from Side-Impact Crash Injuries

Type of Injury: Back injury-a bulging lumbar disc
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

Elderly Driver Caused Broadside Crash

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
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

Teen Driver Ran Red Light Causing T-Bone Crash

Type of Injury: Hip injury requiring three hip replacements
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

Broadside Collision Victim In Coma for 25 Days

Type of Injury: Head injury-Traumatic Brain Injury and skull fracture-others pelvic and spinal fractures at L3 and L4
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

Methodology

These case examples are taken from actual California lawsuits filed by plaintiffs injured in side-impact collisions. Each plaintiff received a court award, mediation award, or settled the case out-of-court.

Our side-impact accident group does not include wrongful death cases, or cases that failed to result in a payout to the injured party.

Average settlements are calculated by adding the total payout in a group, then dividing by the number of cases in the group. An unusually high payout will skew the average for that group.