See average payouts for Kansas side-impact accidents with a range of injuries. Find settlements for cases similar to yours.
Side-impact collisions account for more than 23 percent of all traffic accidents each year.¹
The average settlement for a moderate side-impact collision in Kansas is $19,947. The payouts in our sample range from $1,270 for minor soft tissue injuries to over $318,750 for severe injuries.
Average Payouts for Kansas Side-Impact Collisions
Our averages are based on a group of side-impact car accident cases in Kansas that either settled with the insurance company or won an award in court. The averages and ranges reflect actual payouts. The group does not include cases with no payout to the victim.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $6,226 |
| Moderate Injury | $19,947 |
| Severe Injury | $234,375 |
Payout Range by Type of Injury |
|
| Neck and Back Injuries | $3,782 - $318,750 |
| Head Injuries | $1,270 - $150,000 |
Side-impact car accident victims often suffer multiple injuries that fall into more than one category.
Factors Affecting Kansas Accident Payouts
The main factor in calculating claim value is the scope and severity of the accident victim’s injuries and the resulting medical costs, lost wages, and pain and suffering. High-speed T-bone accidents and other violent side-impact collisions can be disastrous. Vehicle occupants on the side that takes the hit are particularly vulnerable to severe injuries.
Because Kansas is an “at-fault” state, accident victims have the right to file a claim with the at-fault driver’s insurance company or file a lawsuit against the at-fault party. Injured victims in Kansas are not required to use their own insurance for injury claims, as they would in a no-fault state.
Other factors that influence side-impact accident payouts in Kansas include:
- Injury Severity – Serious injuries that result in loss of mobility, brain injuries, or disfigurement justify higher compensation than limited soft-tissue injuries.
- Force of Impact – Low-impact fender benders generally result in smaller payouts than high-speed collisions or crashes caused by larger and heavier vehicles.
- Shared Fault – Kansas is a comparative negligence state. Even if you share some blame for your injuries, you can seek compensation from the other party so long as they are more at fault than you. Your final payout will be reduced according to your percentage of fault.
- Auto Policy Limits – Kansas mandates all drivers carry insurance no less than $25,000 per person and $50,000 per accident bodily injury liability, and $25,000 property damage liability. The minimum liability limit may not be enough to cover severe injury claims.
- Uninsured Motorist Coverage – Kansas requires auto policies to include uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to the state’s mandatory minimum liability limits. You can turn to your own policy when injured by a driver who has no insurance, or not enough coverage to pay for your damages.
- Multiple Claimants – The per-accident liability coverage carried by the at-fault driver may not be enough to go around when multiple victims are seriously injured.
- Venue and Jurisdiction – Some courts have a history of large jury awards to car accident victims. The at-fault driver’s insurance company may be willing to offer a better settlement to keep your case from going to trial in these jurisdictions.
- Punitive Damages: Punitive damages can only be awarded by a judge or jury in a court trial when the accident is the result of malice, gross negligence, or reckless disregard for the safety of others. Kansas’s punitive damage law limits the amount of punitive damages based on the defendant’s gross income.
Minor Injury Case Examples
Minor injuries from a side-impact car accident can include cuts, bumps and bruises. There may be soft tissue sprains or strains with a few days of stiffness. Most minor injury victims only miss a few days to a week of work and are fully recovered within a month.
Low-Speed Side-Impact Accident Aggravates Pre-Existing Injuries
Type of Injury: Soft tissue injuries to neck, back, head and limbs; aggravation of preexisting temporomandibular joint injuries (TMJ)
Award/Settlement Amount: $1,270
Case Summary: Defendant was traveling on a two-lane street with parallel parking spaces on each side of the road. Plaintiff was attempting to pull out from between two parked vehicles when defendant struck her emerging vehicle broadside. Plaintiff suffered soft tissue injuries to her neck, back, head and limbs. Defendant contended that he was traveling 10 to 12 m.p.h. and that he observed plaintiff’s vehicle 100 feet prior to the collision. Defendant further contended that he had the right-of-way, and that plaintiff was contributorily negligent. Jury found for plaintiff, awarding her $1,270.35. Per defendant’s counsel, the panel awarded plaintiff less than half of her medical bills. Plaintiff had been involved in a prior accident, and many of the disabilities plaintiff claimed could have been related to the prior accident.
Location: Johnson County, Kansas
Case Name and Docket Number: Hensley v. Atwell,03CV04469
Broadside Crash Victim Awarded Limited Injury Damages
Type of Injury: Soft tissue neck injury
Award/Settlement Amount: $3,782
Case Summary: Plaintiff stopped at a red light at an intersection. When the traffic light turned green, plaintiff entered the intersection. Defendant subsequently broadsided plaintiff’s vehicle. Plaintiff alleged that defendant was negligent in exceeding the posted speed limit of 25 m.p.h. and in disregarding a red traffic light. Further, plaintiff suffered soft tissue neck injury resulting in 5% permanent partial disability of cervical spine. Plaintiff claimed $2,600 in medical specials and $16,000 in lost income. Defendant denied liability. The jury returned for plaintiff, awarding $3,782 for medical expenses and non-economic losses. Plaintiff moved for new trial, or, in the alternative, additur. District Judge ruled against the motion, finding no valid reason for either.
Location: Shawnee County, Kansas
Case Name and Docket Number: Noland v. Richardson,00-C-1436
Red Light Side-Impact Award for Soft-Tissue Injuries
Type of Injury: Soft tissue injuries to cervical and thoracic spine
Award/Settlement Amount: $7,451
Case Summary: Plaintiff was traveling westbound near an intersection when he was broadsided by a vehicle operated by defendant, who ran a red light. Plaintiff claimed he suffered soft tissue injuries to his cervical and thoracic spine and damages in excess of $75,000. Defendant admitted he ran the red light and was wholly responsible for the accident. Defendant further admitted to driving at a high rate of speed, despite the fact that he was aware the intersection was dangerous and the road was wet. Plaintiff argued defendant’s conduct was wanton, and the issue of punitive damages should be presented to the jury. The jury awarded plaintiff $7,451.00 in monetary damages, including $4,951 for past medical expenses and $2,500 for past non-economic damages.
Location: Wyandotte County, Kansas
Case Name and Docket Number: Dorris v. Shapiro, 02 CV 4972
Jury Award for Low-Speed Side-Impact Collision
Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $12,400
Case Summary: Plaintiff and defendant were traveling in the same direction in a commercial area. As defendant attempted to make a left turn into a grocery store parking lot, the two vehicles collided. The impact occurred at low speed. Plaintiff alleged that defendant was negligent in pulling into the path of her vehicle and that she suffered soft tissue neck and back injuries as a direct result of the accident, requiring chiropractic treatment. Defendant contended that: plaintiff attempted to pass her vehicle on the left in the oncoming lane of travel; plaintiff had preexisting neck and back pain; and plaintiff’s injuries were not proximately related to the low-speed collision. A jury found in favor of plaintiff, awarding her $12,400 in damages.
Location: Shawnee County, Kansas
Case Name and Docket Number: Kutzke v. Hill, 02C1469
Moderate Injury Case Examples
Moderate side-impact accident injuries are more extensive and take longer to heal. Moderate injuries may include simple fractures, bulging or herniated discs, concussions, and multiple soft-tissue injuries. Some moderate injuries have lingering effects. Victims may be out of work for a few months, depending on the physical demands of their employment.
Broadside Crash Award for Knee and Face Injuries
Type of Injury: Contusion of a knee, face, nose, and lip
Award/Settlement Amount: $13,639
Case Summary: Defendant failed to observe a stop sign at an intersection and broadsided plaintiff’s vehicle. Plaintiff was treated at a local hospital for contusion of knee, face, nose, and lip by his family physician. He returned to work after six weeks of physical therapy. Defendant contended that plaintiff’s injuries had fully resolved when he was discharged from physical therapy ten weeks after the accident. A jury attributed 100% of the fault for the accident to defendant. The jury went on to award plaintiff $13,638.98 in total which included $7,500 for the pain, suffering and disability experienced to the point of the trial.
Location: Leavenworth County, Kansas
Case Name and Docket Number: McCarty v. Gaines-Bey, 2004-CV-000069
Side-Impact Victim Compensation Reduced for Comparative Negligence
Type of Injury: Cervical (neck) and lumbar (back) injuries
Award/Settlement Amount: $15,043
Case Summary: Plaintiff and defendant were traveling in opposite directions. Plaintiff attempted to make a left turn in front of defendant’s oncoming vehicle, resulting in a collision. The accident occurred at an intersection controlled by a traffic light. Plaintiff alleged that defendant was lost and was attempting to find his way back to the roadway and that defendant was negligent in failing to yield the right-of-way to a turning vehicle. Plaintiff suffered cervical and lumbar injuries. Defendant contended that plaintiff made an improper left turn in front of his vehicle as he entered the intersection, and that plaintiff was comparatively negligent in failing to yield the right-of-way to oncoming traffic. Plaintiff’s award of $20,057.54 less 25% comparative negligence yielded a net verdict of $15,043.16.
Location: Shawnee County, Kansas
Case Name and Docket Number: Kennedy v. Cooper,02C1107
Award for Side-Impact Crash Victim with Pre-Existing Condition
Type of Injury: Back injury- Exacerbation and acceleration of pre-existing chronic ankylosing spondylolysis
Award/Settlement Amount: $15,500
Case Summary: Plaintiff son was a passenger in car driven by defendant 1, his mother. Defendant 2 driver, who was traveling in the opposite direction, turned left into the path of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff suffered from pre-existing chronic ankylosing spondylolysis which was in remission at the time of the accident. Defendant driver contended that: he had determined that he had sufficient time to safely complete his turn; the accident was caused by defendant 1’s negligence in speeding; and plaintiff’s injuries were pre-existing and were not exacerbated or accelerated by the accident. Jury returned a plaintiff verdict.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Nash v. Pankratz,04CV3623
Jury Awards Side-Impact Crash Victim Despite Disputed Injuries
Type of Injury: Soft tissue lumbar back injuries
Award/Settlement Amount: $17,222
Case Summary: Plaintiff was stopped, with his left turn signal activated, intending to make a left turn into a private driveway. Defendant 1 was operating a vehicle owned by Defendant 2, traveling in the same direction. He crossed a double yellow line to pass on the left and broadsided plaintiff’s vehicle. Plaintiff alleged that defendant driver was negligent in improperly passing. Further, he suffered soft tissue lumbar back injuries as a direct result of the collision, resulting in 5% permanent partial disability of the lumbar spine. Defendants contended that plaintiff stopped suddenly, creating an emergency situation. Defendant further contended that plaintiff was exaggerating the extent of his injuries and damages. A jury determined plaintiff sustained $17,221.98 worth of damages for medical expenses, economic loss and non-economic loss to date.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Jones v. Reynolds, 04 CV 4534
Sideswipe Accident Victim Prevails Over Alleged Shared Fault
Type of Injury: Soft tissue injury to lower back; Cervical (neck) strain
Award/Settlement Amount: $28,500
Case Summary: Plaintiff was driving his vehicle on a street which intersected another street at a T-intersection. He stopped at a stop sign and then made a left turn. Defendant was traveling in the same direction as plaintiff and sideswiped plaintiff’s vehicle just outside of the intersection. Plaintiff suffered soft tissue injury to lower back and cervical (neck) strain. Defendant contended that plaintiff was contributorily negligent in failing to yield the right-of-way and pulling out in front of defendant’s oncoming vehicle. Jury returned a plaintiff verdict, awarding him $28,500.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Williams v. Village Tours, 2018-CV-001017
Side-Impact Injury Award Reduced by Nearly Half for Shared Fault
Type of Injury: Soft tissue back injuries
Award/Settlement Amount: $29,780
Case Summary: Plaintiff was attempting to exit a shopping center parking lot. An unidentified motorist waved to plaintiff to pull out onto the roadway. As plaintiff eased into traffic, defendant passed the unidentified motorist on the right and struck the passenger side of plaintiff’s automobile. Plaintiff suffered soft tissue back injuries. Defendant contended that plaintiff’s negligence in failing to yield the right-of-way was the proximate cause of the accident. Jury found for plaintiff. Plaintiff’s award of $29,780 less 47% comparative negligence yielded a net verdict of $15,783.
Location: Sedgwick County, Kansas
Case Name and Docket Number: Delgado v. Unruh, 14-CV-01262-JAR
Severe Injury Case Examples
Severe side-impact collisions often result in multiple injuries resulting in residual impairment, scarring, or disfigurement. Severe injury victims may be out of work for months, and some are never able to return to their pre-accident employment.
Victim’s Car Broadsided in Multi-Vehicle Collision
Type of Injury: Aggravation of TMJ dysfunction; numbness of face and tongue; limitation of opening and closing mouth; inability to chew; hearing loss
Award/Settlement Amount: $150,000
Case Summary: Plaintiff was stopped at an intersection waiting to make a left turn. Defendant1 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 argued that the negligence of each defendant contributed to the collision and that a pre-existing TMJ condition was aggravated in the accident. 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 found defendant1 to be one 100% at fault and awarded plaintiff monetary damages totaling $150,000.27.
Location: Wyandotte County, Kansas
Case Name and Docket Number: Gartman v. Hodam, 2004 CV 2659
Victim Shares Fault for Side Impact Crash with Teen Driver
Type of Injury: Fractured metacarpal in hand; left ulnar surgery at elbow; leg injury; myofascial pain syndrome in neck and back; temporomandibular joint syndrome (TMJ)
Award/Settlement Amount: $318,750
Case Summary: Defendant, a 16-year-old girl, made a left turn onto a Road into the path of plaintiff’s oncoming vehicle, and the two vehicles collided. Plaintiff sustained a fractured metacarpal in hand, left ulnar surgery at elbow, leg injury, myofascial pain syndrome in neck and back, and temporomandibular joint syndrome (TMJ). Defendant contended that: she made a left turn on a green turn arrow; her headlights were on, plaintiff was negligent in entering the intersection at an excessive rate of speed and in failing to observe her vehicle until immediately prior to impact; and not all of plaintiff’s injuries were proximately related to the accident. Jury found for plaintiff. Award of $ 425,000 less 25% comparative negligence yielded a net verdict of $318,750.
Location: Wyandotte County, Kansas
Case Name and Docket Number: Venters v. Sellers, 02C0309
Methodology
The averages and ranges used here are from actual Kansas side-impact accident cases we compiled for analysis. Averages are calculated by adding up all the settlements and awards in a group, then dividing the total by the number of cases in the group. Unusually large payouts in the group may skew the average higher.
The group does not include any wrongful death cases or cases that were lost at trial. The award or settlement amount for each case reflects the final payout after any reductions for shared fault.