See injury awards and settlements paid to real Delaware car accident victims. Find cases similar to yours.

More than 28,000 Delaware traffic accidents occur each year, resulting in more than 8,000 injuries and nearly 140 fatalities.¹

Delaware is a no-fault state for car accidents, meaning you must first rely on your own auto insurance policy to cover injury claims. However, Delaware does not limit your right to sue the at-fault party for additional damages.

The average car accident settlement in Delaware for a moderate injury claim is $28,174. Average payouts range from $3,103 for minor injuries to $277,584 for severe injuries.

Average Delaware Car Accident Settlement Amounts

We analyzed a group of injury lawsuits filed in Delaware courts by car accident victims. The group includes cases brought by drivers and passengers involved in mostly rear-end collisions. All plaintiffs received a payout from a jury verdict, arbitration, or an out-of-court settlement.

Average Payout by Severity of Injury
Minor Injury	$3,103
Moderate Injury	$28,174
Severe Injury	$277,584
Payout Range by Severity of Injury
Minor Injury	$292 - $6,154
Moderate Injury	$17,500 - $50,000
Severe Injury	$100,000 - $775,000

Types of Motor Vehicle Accidents

Rear-end collisions are the second most common type of accident nationwide.²

Average Rear-End Accident Settlements
Minor Injury	$3,013
Moderate Injury	$28,174
Severe Injury	$330,742

Types of Car Accident Injuries

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

Average Neck and Back Injury Settlements
Minor Injury	$3,013
Moderate Injury	$28,174
Severe Injury	$222,316

How Car Accident Settlements Are Calculated

Most lawyers and insurance adjusters base the amount of a fair car accident payout on the scope and severity of the victim’s injuries.

Delaware is a no-fault auto insurance state, meaning you must first rely on the Personal Injury Protection (PIP) coverage under your own auto policy to cover injuries, no matter who caused the accident.

A fair PIP settlement will cover medical bills, out-of-pocket expenses, and lost income.

Delaware also allows an injured person to file a lawsuit directly against the at-fault driver. In a lawsuit for injuries that exceed the PIP threshold, the payout may include an amount for pain and suffering.

Most car accident victims start by filing an insurance claim with their own carrier.

Estimating a Payout for Minor Injuries

Minor to moderate injury claims will usually be covered by your own PIP coverage. Injured passengers will seek PIP from the host-driver’s policy.

PIP covers economic damages, including reasonable medical costs, lost wages, and replacement services, like hiring someone to shovel your walk while you’re recovering from injuries. Add up the full amount of all your bills and costs to estimate your PIP payout.

PIP does not pay for non-economic damages like your pain and suffering.

Serious or complicated injury cases should be handled by an experienced personal injury attorney to maximize your compensation. A good attorney can locate evidence needed to prove fault, and hire experts to predict future medical costs, loss of income, and physical impairment. The attorney will also seek compensation for the intense pain and suffering that arises from serious injuries.

Other factors that affect injury payouts in Delaware:

• Shared Fault – Delaware is a modified comparative fault state, meaning you can seek compensation from the other party so long as you are not more to blame than they are. Your final compensation will be reduced by your percentage of fault.
• Auto Policy Limits – Anyone who owns a vehicle in Delaware must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, $10,000 for property damage, and Personal Injury Protection (PIP) coverage of $15,000 per person/$30,000 per accident.
• Multiple Claimants – When more than one person is injured in the same collision, there might not be enough liability coverage to fully compensate all victims.
• Uninsured/Underinsured Motorist Coverage – Delaware requires insurance companies to provide uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to the policy’s liability limits, unless the policyholder has rejected the coverage in writing.
• Commercial Policies – Insurance policies for commercial vehicles like tractor-trailers and delivery vehicles carry higher liability limits than personal auto policies. Higher limits can mean higher payouts for severe injury claims.
• Punitive Damages – Delaware only allows punitive damages when the at-fault party acted with malice. Most Delaware car accident cases do not seek punitive damages.

Frequently Asked Questions

Minor Injury Case Examples

Minor car accident injuries are typically soft-tissue injuries like cuts, bruises, scrapes, and sprained or strained muscles and tendons. Soreness from soft-tissue injuries might keep you off work for a few days, with full recovery within a month.

Token Award for Questionable Injuries

Type of Injury: Back injury-Herniated disc at L4-L5; Neck Injury-herniated disc at C5-C6
Type of Accident: Rear-end
Award/Settlement Amount: $292
Case Summary: Plaintiff was stopped in a line of traffic at a red light at an intersection when her vehicle was rear-ended by defendant. She was treated in the emergency room five days after the accident and received follow-up treatment from a chiropractor for back and neck injuries. A passenger in defendant’s vehicle was not injured in the accident. Plaintiff alleged that she sustained a herniated disc in back and neck at C5-C6 and L4-L5 requiring future surgery as a direct result of defendant’s negligence. Defendant contended that plaintiff’s injuries were caused by a subsequent accident which occurred one and a half years after this accident and that plaintiff waited an unreasonable period of time before seeking treatment after the first accident. The jury found that plaintiff’s damages from the subject accident totaled $292.
Location: New Castle County, Delaware
Case Name and Docket Number: Kline v. Groce, N13-06-277

Shared Fault for Fender-Bender

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $1,167
Case Summary: Plaintiff was driving northbound on Route A. Plaintiff was stopped on an entrance ramp at a stop sign before entering Route A. While merging into traffic, plaintiff stopped, proceeded forward a few feet, observed an oncoming vehicle and stopped a second time when defendant rear-ended plaintiff’s vehicle. Both parties were traveling approximately 10 to 20 m.p.h. at the time of the accident. Plaintiff claimed she suffered soft tissue neck and back injuries. Although defendant admitted that he was looking to his left for traffic prior to merging onto Route A, he contended that plaintiff made a sudden and unexpected stop and that plaintiff was exaggerating the extent of her injuries. Jury sided with plaintiff, awarding her $1,910 less 40% comparative negligence plus interest for a net verdict of $1,167.
Location: New Castle County, Delaware
Case Name and Docket Number: Taylor v. Maloney, N11C-08-152 CHT

Damage Award Less Than Amount Sought

Type of Injury: Soft tissue neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $1,258
Case Summary: Plaintiff and defendant were traveling in the same direction. Plaintiff stopped at an intersection to make a right turn. Defendant rear-ended plaintiff’s vehicle. Plaintiff alleged that defendant was negligent in failing to pay full time and attention to the operation of his vehicle. Further, plaintiff suffered soft tissue neck injuries. He claimed $3,711 in medical specials and $880 in lost income. Defendant contended that plaintiff proceeded forward from the stop sign and subsequently stopped for no apparent reason and that plaintiff’s negligence contributed to or was the proximate cause of the accident. The jury determined that plaintiff’s damages from this accident totaled $1,258.
Location: Kent County, Delaware
Case Name and Docket Number: Dillulio v. Reece, K12C-04-021

Binding Arbitration for Alleged TMJ Aggravation

Type of Injury: Soft tissue neck injuries; Aggravation of preexisting bilateral temporomandibular joint injuries (TMJ)
Type of Accident: Rear-end
Award/Settlement Amount: $1,720
Case Summary: Plaintiff was traveling on a ramp. She was stopped waiting to merge into traffic when Defendant rear-ended her vehicle. Defendant claimed that the motorist behind her struck her vehicle, forcing it into plaintiff’s vehicle. No citations were issued. Plaintiff had sustained bilateral temporomandibular joint injuries (TMJ) in an auto accident eight years prior to the subject accident. Both parties agreed to binding arbitration on the issue of liability and the case was tried on the issue of damages. Plaintiff alleged that she suffered soft tissue neck injuries and aggravation of bilateral TMJ as a direct result of the accident. Defendant contended that plaintiff was exaggerating the extent of her injuries. Jury awarded plaintiff $ 1,720.
Location: New Castle County, Delaware
Case Name and Docket Number: Torres v. Dantonio, N15C-01-172 VLM; N15C-01-172

Gap In Treatment Affected Final Outcome

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $2,148
Case Summary: Plaintiff 1 was a passenger in a vehicle operated by Plaintiff 2. Plaintiffs were attempting to make a left turn when defendant rear-ended their vehicle at a speed of 10 to 15 m.p.h. Both plaintiffs presented to the emergency room post-accident. They were treated for soft tissue neck and back injuries. Plaintiff1 sought treatment for ongoing back pain 1.5 years thereafter. Plaintiff driver received a settlement of $5,000 prior to trial. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff1 claimed that she suffered soft tissue neck and back injuries as a direct result of the accident. Defendant contended that plaintiff passenger’s injuries were not proximately related to the accident. Jury awarded plaintiff1 $2,148. Per plaintiff1’s counsel, the gap in treatment significantly impacted the outcome.
Location: New Castle County, Delaware
Case Name and Docket Number: Brooks v. Walton, N11C-04-247 RRC

Defendant Argues Preexisting Degenerative Condition

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $2,545
Case Summary: Defendant was traveling eastbound in moderate traffic. She made a left turn on a green light in front of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff said he suffered soft tissue neck and upper back injuries from the accident. Defendant admitted liability, but contended that plaintiff had a preexisting degenerative condition and that only the treatment received before the 33 month break in treatment was proximately related to this accident. The jury returned a plaintiff verdict for $ 2,545.
Location: Sussex County, Delaware
Case Name and Docket Number: Rush v. Klerlein, S16C-10-010

ADR Award to Injured Child Passenger

Type of Injury: Neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $3,600
Case Summary: Plaintiffs’ daughter, a minor, was a passenger in a vehicle which was rear-ended by the defendant. Plaintiffs alleged that their daughter sustained neck and back injuries as a direct result of defendant’s negligence. Defendant contented that plaintiffs’ daughter’s injuries were the result of an auto accident which occurred one year prior to this accident and that the second period of treatment which the daughter received was not related to the injuries she sustained in the second accident. According to plaintiffs’ counsel, defendant’s carrier had initially agreed to have the case resolved through Alternative Dispute Resolution. After the adjudicator was selected, defendant’s carrier refused to pursue Alternative Dispute Resolution. The jury returned a verdict in favor of the plaintiffs, awarding $3,600 in compensatory damages.
Location: New Castle County, Delaware
Case Name and Docket Number: Ponzo v. Owens, N13C-10-321 WCC

Award for Medical Bills and Lost Wages

Type of Injury: Soft tissue neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $5,250
Case Summary: Plaintiff was stopped at a traffic light when defendant rear-ended his vehicle. Plaintiff suffered soft tissue neck injuries. Defendant contended that plaintiff suddenly pulled in front of her vehicle and that she was unable to stop in time to avoid a collision. The jury found in favor of the plaintiff. The panel awarded plaintiff $5,000 in medical specials and $250 in lost income.
Location: Kent County, Delaware
Case Name and Docket Number: Glover v. Williams, K10C-05-006

Defendant’s Foot Slipped Off Brake Pedal

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $6,000
Case Summary: Plaintiff was stopped at a stop sign. Defendant was stopped behind plaintiff. Defendant, believing plaintiff had begun to move forward, took her foot off the brake pedal, causing her vehicle to strike plaintiff’s vehicle. The impact was minimal, resulting in no property damage to either vehicle. Plaintiff alleged that: defendant was negligent in failing to maintain an assured clear distance ahead; and she suffered soft tissue neck and back injuries as a direct result of the collision. Defendant contended that: neither vehicle sustained property damage; and plaintiff was not injured in the minimal impact collision. Jury awarded plaintiff $6,000.
Location: Sussex County, Delaware
Case Name and Docket Number: Layton v. Elterich, SN08C-10-150

Plaintiff Award from One of Two Defendants

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $6,154
Case Summary: Plaintiff was a passenger in a vehicle operated by Defendant1 during evening rush hour. Defendant1 exited Route A North and entered the ramp leading to Route B, intending to travel westbound on Route B. Defendant2 was exiting A South. He also intended to travel westbound on Route B. Defendant2 rear-ended. Defendant1’s vehicle near the ramp exit. Both vehicles were traveling approximately 15 to 20 m.p.h. at the time of the accident. Plaintiff alleged that he suffered soft tissue neck and back injuries. Defendant2 contended that Defendant1 pulled in front of his auto and attempted to force his vehicle off the road. Defendant1 contended that he had merged into traffic and was on Route B when Defendant2 rear-ended his auto. Jury found for the plaintiff, awarding him $6,154 against Defendant2 only.
Location: New Castle County, Delaware
Case Name and Docket Number: Huffman v. Lydic, N12C-11-133 CHT

Moderate Injury Case Examples

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

Defendant Blames Plaintiff for Stopping Suddenly

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $17,500
Case Summary: Plaintiff was coming to a stop behind a line of traffic at a red light when defendant rear-ended his vehicle. Defendant was cited for failing to pay proper attention to the operation of her vehicle but the citation was dismissed by the traffic court. Plaintiff alleged that he suffered soft tissue neck and back injuries as a direct result of the collision. Defendant contended that plaintiff stopped suddenly, creating an emergency situation, and that she did not observe any brake lights on plaintiff’s vehicle. Jury sided with plaintiff, awarding him $17,500.
Location: Sussex County, Delaware
Case Name and Docket Number: Smith v. Horsman, S10C-09-041 ESB

Employer Liable for Crash Caused by Truck Driver

Type of Injury: Soft tissue neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $18,621
Case Summary: Plaintiff was operating a vehicle leased from Defendant 1. Defendant2 was operating a truck owned by Defendant3, traveling behind plaintiff. Plaintiff was attempting to make a left turn at a traffic light when Defendant2 rear-ended her vehicle. Defendant2 could not be located and was not served. Plaintiff alleged that defendant driver was negligent in failing to maintain an assured clear distance ahead and that defendant3 was responsible for defendant driver’s negligence. Further, plaintiff suffered soft tissue neck injuries. Defendant3 contended that defendant driver did not have permission to take their truck from the jobsite; therefore, they were not responsible for defendant driver’s negligence. Jury returned a plaintiff verdict in the amount of $18,621 against Defendant3 only.
Location: Kent County, Delaware
Case Name and Docket Number: Draine v. Betoulaud, K14C-10-028

Defendant Blames Brake Problems for Collision

Type of Injury: Back injury-lumbar strain
Type of Accident: Rear-end
Award/Settlement Amount: $20,000
Case Summary: Plaintiff was stopped in a line of vehicles at a traffic light when defendant rear-ended her vehicle. Defendant told a police officer at the scene of the accident that he was having problems with his brakes. The Court granted plaintiff’s Motion for Summary Judgment on the issue of liability and the trial proceeded on the issue of damages only. Plaintiff alleged that she sustained a lumbar strain that was slow to resolve and that she suffered from persistent problems as a direct result of the injuries she incurred in the accident. Defendant contended that plaintiff’s injuries were not as severe as she alleged. The Jury awarded plaintiff $20,000.
Location: Kent County, Delaware
Case Name and Docket Number: Cuffee v. Cole, K19C-08-036

Two Drivers Liable for Passenger Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $21,771
Case Summary: Plaintiff was a passenger in a vehicle operated by Defendant 1. Defendant 2, who was operating a truck owned by Defendant 3, rear-ended Defendant1’s vehicle. Plaintiff alleged that the negligence of both defendants was the proximate cause of the accident. Further, plaintiff suffered soft tissue neck and back injuries and claimed $2,000 in medical specials. Defendant 1 Contended that Defendant2’s negligence was the sole proximate cause of the accident. Defendant2 contended that Defendant1’s negligence was the sole proximate cause of the accident. The jury found Defendant1 75% negligent and Defendant 3 25% negligent and awarded plaintiff $21,771 including interest.
Location: New Castle County, Delaware
Case Name and Docket Number: Ruoff v. Dilks, N14C-12-254

Owner of Abandoned Car Also Liable for Crash

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $23,000
Case Summary: Plaintiff was driving on northbound Route A. Defendant1 had abandoned his car in the same lane. The auto in front of plaintiff’s vehicle swerved onto the shoulder of the roadway to avoid a collision with defendant1’s abandoned vehicle and plaintiff rear-ended defendant2’s vehicle. Plaintiff alleged that defendant1 was negligent in abandoning his vehicle in the passing lane and that defendant2 could have easily moved his small automobile to the shoulder. Further, plaintiff suffered soft tissue injuries to his back and neck. Defendant1 contended that his vehicle had become disabled on the roadway and that he had been unable to move it. Jury awarded plaintiff $ 23,000 against both defendants.
Location: New Castle County, Delaware
Case Name and Docket Number: Smith v. Williams, 05C-10-307 (PLA)

Case Settles for Policy Limits Before Trial

Type of Injury: Soft tissue neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was stopped at a stop light when his pickup truck was struck from behind by Defendant. Defendant admitted liability and the issue of damages was presented to the jury. Plaintiff alleged to have suffered a cervical injury that required surgical repair. Defendant disputed the proximate cause of the injury and the need for surgical fusion. Defendant argued that plaintiff had a significant history of severe preexisting cervical stenosis and contended that, although the accident may have exacerbated this condition, it was not the cause of the injury that required plaintiff to undergo the surgical repair. Parties agreed to a $25,000 policy limits on the eve of trial.
Location: New Castle County, Delaware
Case Name and Docket Number: Middleman v. Thorne, N15C-10-025

Two Drivers Liable for Multi-Car Collision

Type of Injury: Neck injury-cervical strain with associated migraine headaches
Type of Accident: Rear-end
Award/Settlement Amount: $35,000
Case Summary: Plaintiff was operating the first vehicle in a line of three vehicles traveling on Route A. Defendants were operating the second and third vehicles. As plaintiff stopped for traffic ahead, her vehicle was struck from behind twice. Plaintiff alleged that she suffered soft tissue neck injuries with residual headaches as a direct result of the collision and that the negligence of one or both of the defendants was the proximate cause of her injuries. Defendants contended that a phantom motorist rear-ended the third vehicle, pushing it into the second vehicle which subsequently rear-ended plaintiff’s vehicle and that the phantom motorist left the scene. Jury awarded plaintiff $35,000 against both defendants.
Location: Sussex County, Delaware
Case Name and Docket Number: Koukaras v. Oviedo, S18C-10-011

Low-Speed Crash With No Vehicle Damage

Type of Injury: Neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $35,000
Case Summary: Defendant was stopped in traffic behind plaintiff’s automobile. Defendant’s foot slipped off the clutch and defendant’s automobile struck the rear-end of plaintiff’s vehicle at low speed. Plaintiff alleged that defendant was negligent in failing to maintain control of her automobile and that she sustained neck and back injuries in the accident. Defendant did not admit liability, but did not seriously contest it. Defendant contended that neither vehicle was damaged in the accident and that plaintiff was exaggerating her injuries. Jury returned a plaintiff verdict in the amount of $35,000.
Location: Sussex County, Delaware
Case Name and Docket Number: Taylor v. Millman, S14C-09-015 MJB

Insurer Sued for Uninsured Coverage After Hit and Run

Type of Injury: Soft tissue neck and back injuries; headaches
Type of Accident: Rear-end
Award/Settlement Amount: $35,845
Case Summary: Plaintiff was stopped at an intersection controlled by traffic light. A third party rear-ended defendant’s vehicle, pushed it into plaintiffs’ automobile, and subsequently left the scene of the accident. A police officer confirmed that defendant’s vehicle had rear-end damage. Plaintiff alleged that: defendant was negligent in failing to stop in time to avoid a collision; he did not observe a third party leaving the scene of the accident; the rear damage to defendant’s automobile was old; and plaintiff suffered headaches, low back and neck pain as a result of the collision. Defendant contended that the third party who rear-ended her automobile was wholly responsible for the accident. Jury returned a plaintiff verdict for $35,945 against defendant.
Location: New Castle County, Delaware
Case Name and Docket Number: Caldwell v. Allstate, N15C-07-047; N15C-07-047 JRJ

Dark and Rainy Crash Injuries Disputed by Defendant

Type of Injury: Back injury-bulging disc at L5-S1; soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was traveling on a busy urban street after dark during a rainfall. Defendant was driving in the same direction. As plaintiff stopped for a yellow light, Defendant rear-ended plaintiff’s vehicle at a low rate of speed, resulting in $900 in property damage to plaintiff’s vehicle. Plaintiff said he suffered soft tissue neck and back injuries and bulging disc at L5-S1 in back with residual pain during many activities involving low back. Defendants contended that: plaintiff stopped abruptly; the road was slick with rain; plaintiff’s soft tissue injuries fully resolved within four to six weeks; the majority of plaintiff’s medical bills were for unnecessary unsupervised physical therapy; and chiropractic care and physical therapy were rendered by litigation-oriented healthcare providers retained nearly three years post-accident. Jury sided with plaintiff, awarding him $50,000.
Location: New Castle County, Delaware
Case Name and Docket Number: Martin v. Baker, N15C-08-059

Severe Injury Case Examples

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

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

Passenger Injury Case Settled for Liability Limits

Type of Injury: Permanent injury to low back
Type of Accident: Rear-end
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was a passenger in Defendant1’s automobile which was traveling on a four-lane road. Plaintiff’s vehicle was stopped to make a left turn when it was rear-ended by the defendant 2. Plaintiff alleged that he suffered a permanent injury to his low back as a direct result of the collision. Defendant2 contended that he was not negligent and that defendant 1 cut in front of his vehicle and stopped short, causing the accident. Case settled for Defendant2’s policy limits of $100,000 prior to trial.
Location: New Castle County, Delaware
Case Name and Docket Number: Rechner v. Allstate, N11C-10-066 CHT

Tractor-Trailer Crashes Into Stopped Car

Type of Injury: Permanent soft tissue neck and back injuries; Bruised knees
Type of Accident: Rear-end
Award/Settlement Amount: $109,630
Case Summary: Plaintiff, who was 28 years old, was driving her vehicle on wet road conditions. She stopped her vehicle for a red light at an intersection. Defendant was operating a semi tractor-trailer for Defendant 2. Defendant truck driver was unable to stop his tractor-trailer at the intersection and hit the rear of plaintiff’s stopped vehicle with a crushing impact. Plaintiff claimed she suffered multiple physical injuries, including severely bruised knees and permanent soft tissue neck and back injuries, as a direct result of the accident. She further claimed arthritis as a result of injuries from the accident and a permanent partial disability to her left knee. Defendant truck driver pled guilty to failing to maintain proper control, however, later argued a sudden emergency defense. Plaintiff settled her injury claim for $109,630 with the defendants.
Location: Sussex County, Delaware
Case Name and Docket Number: Carr v. Fox, S16C-11-003; S16C-11-003 MJB

Elderly Driver Liable for Teen’s Injuries from T-bone Crash

Type of Injury: Permanent soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $130,645
Case Summary: Plaintiff, age 19, and Defendant, age 90, were operating their respective vehicles on intersecting streets. Defendant failed to stop at a stop sign and proceeded into an intersection in front of plaintiff’s oncoming vehicle, resulting in a collision. Defendant struck the rear wheel on the passenger’s side of plaintiff’s car, spinning the car into another vehicle. Plaintiff’s car was totaled. Liability was admitted on the day of trial. Plaintiff alleged that she suffered permanent soft tissue injuries to her neck and back as a direct result of this accident. Defendant contended that plaintiff’s soft tissue injuries were not as severe as she claimed. The jury awarded plaintiff $130,645.
Location: Kent County, Delaware
Case Name and Docket Number: Goodyear v. Looney, K12C-01-008 RBY

Stop Sign Runner Leaves Plaintiff with Permanent Impairments

Type of Injury: Soft tissue injuries to knee; and injury to ankle
Type of Accident: Side-impact
Award/Settlement Amount: $155,000
Case Summary: Defendant went through a stop sign at an intersection and broadsided plaintiff’s vehicle. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that the defendant was negligent in failing to stop at the stop sign, and as a result, he sustained soft tissue injuries to his knee resulting in 25% permanent partial disability and injury to his ankle. Plaintiff claimed $4,588 in medical expenses and alleged he was unable to return to his job which paid $52,000 annually. Defendant contended that plaintiff’s injuries and damages were not as severe as claimed. Jury awarded plaintiff $155,000.
Location: New Castle County, Delaware
Case Name and Docket Number: Joyner v. Washam, N18C-06-023

Multiple Soft-Tissue Injuries from Side-impact Collision

Type of Injury: Permanent soft tissue neck and back injuries; sprained right arm; temporomandibular joint dysfunction (TMJ); bilateral knee injuries; and aggravation of preexisting lumbar and cervical injuries.
Type of Accident: Side-impact
Award/Settlement Amount: $175,000
Case Summary: Plaintiff alleged she suffered cervical, thoracic and lumbar soft tissue injuries; sprained right arm; temporomandibular joint dysfunction (TMJ); bilateral knee injuries; and aggravation of preexisting lumbar and cervical injuries. Plaintiff’s assigned her a 10% permanent impairment of the entire spine and testified that plaintiff had reached maximum medical improvement. Defendant did not admit liability, but did not seriously contest it. Defendant’s expert testified that the lumbar condition could easily be a natural progression instead of being caused by the accident. The Jury awarded plaintiff $175,000.
Location: Sussex County, Delaware
Case Name and Docket Number: Ives v. Magargal, SK08C-06-021

Defendant Was Inconsistent In Her Testimony

Type of Injury: Permanent soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $186,565
Case Summary: Plaintiff and Defendant were operating their vehicles in the same direction. Plaintiff came to a stop in traffic and was rear-ended by defendant. Plaintiff claimed to have sustained permanent soft tissue injuries to his neck and back. Plaintiff claimed he still participated in all of his life’s activities, but that he would sometimes do so in pain. He described the pain as intermittent, but occasionally severe. Defendant submitted photos showing minor damage to the front of her car. She argued that plaintiff could not have been badly injured, as he waited one week after the accident to first seek treatment. Jury awarded plaintiff $186,565. Per plaintiff’s counsel, the plaintiff was very credible and did not overstate his injuries, while the defendant was inconsistent in her testimony.
Location: New Castle County, Delaware
Case Name and Docket Number: Mamberg v. Haines, 05C-04-273 CHT

Disputed Back Injury Case Settled Prior to Trial

Type of Injury: Permanent injury to her lower back
Type of Accident: Rear-end
Award/Settlement Amount: $314,000
Case Summary: Plaintiff and Defendant were driving in the same direction when plaintiff was rear-ended by defendant. Both vehicles sustained moderate property damage. Plaintiff claimed to have sustained a permanent injury to her lower back requiring physical and osteopathic therapy as a direct result of the accident. Plaintiff’s expert testified that plaintiff’s injury would likely cause severe pain and flare up in the future. Defendant admitted liability for the collision, but argued that plaintiff’s injury claim was excessive. Defendant contended plaintiff’s injuries were soft tissue in nature and did not justify a large verdict. The parties subsequently settled this case for $314,000.
Location: Sussex County, Delaware
Case Name and Docket Number: Lord v. Adams, S10C-06-015

Defendant Blamed Phantom Vehicle for Athletic Woman’s Injuries

Type of Injury: Permanent soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $380,000
Case Summary: Plaintiff and defendant were traveling in the same direction. Defendant rear-ended plaintiff’s automobile, injuring plaintiff’s neck and back. Plaintiff, a woman in her late twenties, had been very athletic prior to the accident. She had no significant medical history or prior back or neck problems. Plaintiff claimed that she was unable to engage in her former athletic activities due to the soft tissue neck and back injuries she sustained in the collision. Defendant contended that a phantom vehicle behind plaintiff caused or contributed to the accident and/or the accident was not severe enough to be the proximate cause of plaintiff’s injuries. Case settled for $380,000.
Location: New Castle County, Delaware
Case Name and Docket Number: Davenport v. Wertz , SN03C-12-008

Back Injuries from Hit by Heavy Truck at High Speed

Type of Injury: Soft tissue upper and lower back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $450,000
Case Summary: Plaintiff was stopped in the left turn lane waiting to make a left turn. Defendant driver was operating a 3/4 ton pickup truck for Defendant 2, traveling in the same direction. He rear-ended plaintiff’s car at a speed of 40 m.p.h. This was Defendant driver’s fourth accident in the same year. He was convicted of failing to pay full time and attention to his vehicle. Plaintiff alleged that he suffered soft tissue upper and lower back injuries as a direct result of the accident, resulting in 36% permanent partial disability. Defendants admitted liability, but contended that their conduct was not willful and wanton and that plaintiff was exaggerating the extent of his injuries and damages. The jury awarded plaintiff $450,000.
Location: New Castle County, Delaware
Case Name and Docket Number: Cresci v. Johnson, N18C-08-221

Plaintiff Settles Case for Shattered Legs and Knees

Type of Injury: Knee injuries- bilateral tibial plateau fractures in both legs
Type of Accident: Rear-end
Award/Settlement Amount: $775,000
Case Summary: Plaintiff, a 63 year-old male, was stopped in traffic when defendant rear-ended his vehicle, forcing it into an auto that was stopped in front of him. The dashboard was pushed down on plaintiff’s knees, resulting in severe bilateral tibial plateau fractures requiring surgery, bone grafts and total knee replacements and resulting in permanent scarring to both knees, 43% permanent partial disability of right leg and 50% permanent partial disability of left leg. Plaintiff claimed $119,000 in medical specials, $40,000 in future medical expenses, $15,000 in past lost income and $32,000 in future lost income. Defendant settled with plaintiff at a settlement conference for $775,000.
Location: New Castle County, Delaware
Case Name and Docket Number: Parker v. Parker, 04C-10-133 CL

Methodology

We analyzed a group of Delaware lawsuits filed by plaintiffs injured in motor vehicle accidents. Plaintiffs include drivers and passengers. All plaintiffs in the group received a final payout from a jury award, arbitration award, or settlement before trial.

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

Cases include collisions involving cars, trucks, and tractor-trailers. One case involves a bad-faith lawsuit against the plaintiff’s insurance company seeking uninsured motorist coverage after a hit-and-run collision.