See actual payouts for rear-end collision cases in the Commonwealth of Kentucky. Look for cases similar to yours.

Rear-end collisions account for nearly 17 percent of all car accidents in the Commonwealth of Kentucky.¹

The average settlement for a moderate rear-end collision in Kentucky is $36,345. Actual payout amounts ranged from $4,431 for minor soft-tissue injuries to $680,171 for serious brain injuries.

Average Payouts for Kentucky Rear-End Collisions

Here we analyzed a group of personal injury lawsuits filed in Kentucky courts arising from rear-end collisions. Averages are calculated by adding the payouts for the group, then dividing by the number of cases.

Average Payout by Severity of Injury
Minor Injury	$8,716
Moderate Injury	$36,345
Severe Injury	$342,950
Payout Range by Type of Injury
Neck and Back Injuries	$4,431- $501,827

Neck and back injuries are common in rear-end collisions, and account for most of the injuries in our rear-end cases. In this group, neck and back injuries ranged from mild soft-tissue strains to herniated discs that led to fusion surgery.

Rear-end crashes can cause other injuries as well, as seen in six of our rear-end cases with head injuries ranging from post-accident headaches to severe brain bleeds.

Factors Affecting Kentucky Rear-End Settlements

Kentucky is a no-fault auto insurance state. Injured drivers and their passengers must first rely on Personal Injury Protection (PIP) coverage under the driver’s auto insurance.

PIP covers reasonable medical expenses, lost wages, and some types of replacement services, like lawn care. PIP will not pay non-economic damages, so you won’t be compensated for pain and suffering.

There are exceptions to the no-fault rule for some types of serious injuries. When your injuries are serious enough to exceed the no-fault threshold, you can seek compensation for all your damages from the at-fault driver. Usually, that means filing a liability claim with the at-fault driver’s insurance company.

Serious injury claims should be handled by an experienced personal injury attorney to ensure the best outcome for the victims.

Other factors that affect injury payouts in Kentucky include:

• Injury Severity– Serious injuries with long-term consequences are high-dollar claims, compared to minor bumps or sprains.
• Shared Fault – Kentucky follows a pure comparative fault rule. You can claim compensation from the other driver, even when you are more to blame than they are. Your final compensation will be reduced to account for your share of blame for your injuries.
• Auto Policy Limits – Drivers and car owners in Kentucky are required to carry insurance with liability coverage of at least $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 for property damage. All policies must have at least $10,000 in basic PIP coverage. The cost of your damages may be more than the at-fault driver’s liability limits.
• Uninsured Motorist Coverage – Insurance companies selling policies in Kentucky must offer uninsured motorist coverage (UM)  and underinsured motorist coverage (UIM) equal to the policy’s liability limits. The policyholder has the right to reject UM and UIM coverage.
• Multiple Claimants – When multiple people are seriously injured in a collision, the at-fault driver’s liability limits may not be enough to pay every claim.
• Venue and Jurisdiction – Adjusters know which jurisdictions tend to favor injury victims in court. You may get a better settlement offer to keep your case out of court.
• Punitive Damages: Kentucky has no caps on punitive damage awards that are intended the punish the at-fault party for acting with oppression, fraud, or malice.

Minor Injury Case Examples

A sore neck, shoulders, or back are common complaints after a rear-end accident. Minor soft-tissue bruises, scrapes, and sprains heal completely in a few days or weeks. The victim may miss a few days of work.

Passenger Hurt in Rear-End Crash with At-Fault Coworker

Type of Injury: Soft tissue neck and knee pain; Other-cervical strain
Award/Settlement Amount: $4,431
Case Summary: Plaintiff rode with her co-worker/defendant, as they left work. While attempting a left turn, defendant turned into the path of another car, leading to a collision. Plaintiff was treated for soft-tissue neck and knee pain. Two weeks later, plaintiff was involved in another automobile accident. This time she was rear-ended while at a red light. Following this accident, plaintiff was diagnosed with a cervical strain. Plaintiff then sued defendant, seeking money damages for her injuries. Defendant conceded liability prior to trial but defended the case focusing on causation and damages. Specifically, she claimed that plaintiff’s injuries were caused by the second accident and not the first. Jury awarded plaintiff $4,431.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Denton v. Bishop, 99 CI 1151

Passenger Award for Low-Impact Rear-End Accident

Type of Injury: Neck injury-cervical strain and post-traumatic headaches
Award/Settlement Amount: $4,592
Case Summary: Defendant rear-ended an automobile in which plaintiff was a passenger. The plaintiff suffered cervical strain in neck and post-traumatic headaches. Plaintiff alleged that defendant was negligent in failing to maintain a proper lookout and in failing to maintain proper control of his vehicle. Defendant contended that: he mistakenly took his foot off the clutch of his vehicle believing the vehicle was in neutral; his vehicle moved forward and struck the vehicle in which plaintiff was a passenger in a minimal impact collision; and plaintiff’s injuries were proximately related to prior and subsequent accidents. Jury awarded plaintiff $4,592 in damages.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Edelen v. Dean, 13-6614

Rear-End Victim with Pre-Existing Disc Disease

Type of Injury: Soft-tissue back, neck and shoulder injuries; Others-headache and a disc bulge at T-12.
Award/Settlement Amount: $5,762
Case Summary: While waiting at an intersection for traffic to clear so that she could turn plaintiff was rear-ended by defendant. As a result of the collision, plaintiff said she experienced severe headaches along with low back, neck, and shoulder pain. She treated with her doctor for these soft-tissue injuries. After an MRI, plaintiff’s doctor diagnosed her with a small disc bulge at T12 while also noting the degenerative disc disease symptoms were “kindled” by the crash. The defense tended to discount the injury, focusing on the minor vehicle damage. As liability was admitted, the trial considered damage issues only. The jury awarded plaintiff $5,762.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Swecker v. Rogers, 98 CI 7080

Defendant Disputes Rear-End Crash Victim Injuries

Type of Injury: General soft tissue injuries
Award/Settlement Amount: $5,997
Case Summary: Plaintiff was involved in a minor automobile accident while waiting at the stop light. Plaintiff alleged she sustained soft tissue injuries as a direct result of this accident and testified that she did not remember any preexisting problems. Plaintiff claimed the impact was sufficient to cause her injuries. Defendant admitted she struck the rear of plaintiff’s vehicle but denied that plaintiff was injured in this minor impact. She claimed plaintiff had similar complaints per her medical records prior to this accident and that plaintiff’s injuries were likely preexisting. Jury returned a plaintiff verdict for $5,997.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Perkins v. Hammond, 2011-CI-005474

Driver on Cell Phone Liable for Rear-End Crash

Type of Injury: Soft tissue shoulder and neck injuries
Award/Settlement Amount: $9,620
Case Summary: Plaintiff was stopped at a traffic light when defendant rear-ended his vehicle. Defendant was talking on her car phone at the time of the accident. Plaintiff suffered soft tissue shoulder and neck injuries. Plaintiff contended that defendant was negligent in failing to pay full time and attention to the operation of her vehicle and that it is negligence per se for one to talk on a car phone while operating a vehicle. Plaintiff claimed $5,000 in medical specials and $250 in lost income. Defendant contended that plaintiff suddenly pulled in front of her vehicle and that she was unable to stop in time to avoid a collision. Jury awarded plaintiff $9,620.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Wilson v. Brown, 96 CI 4886

Jury Favors Rear-End Plaintiff, Defendant Denied Liability

Type of Injury: Back injury, aggravated TMJ and cervical and lumbar strains
Award/Settlement Amount: $9,847
Case Summary: Plaintiff was involved in two separate motor vehicle accidents which occurred on two different dates. In the first accident, her vehicle was struck from the rear while she was stopped in traffic on a public roadway. In the second accident, her vehicle was struck broadside as she exited a parking lot. Plaintiff said she suffered aggravated TMJ and cervical and lumbar strains from the combined effects of the two accidents. The defendants denied liability and contended that the plaintiff’s injuries were preexisting. Jury returned a plaintiff verdict.
Location: Jefferson County, Kentucky
Case Name and Docket Number: White v. Herbert, 99 CI 3481

Rear-End Case Settles the First Day of Trial

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $11,100
Case Summary: Plaintiff was operating the first vehicle in a line of vehicles. Defendant rear-ended the vehicle behind plaintiff, pushing it into plaintiff’s vehicle. Plaintiff alleged that defendant was negligent in failing to maintain proper control of her vehicle and in failing to maintain an assured clear distance ahead. Plaintiff said he suffered soft tissue neck and back injuries due to defendant’s negligence. Defendant contended she was unable to stop due to slippery road conditions; the intervening vehicle was the proximate cause of the damage to plaintiff’s vehicle; and the extent of her liability was uncertain. Per counsel, case settled on the first day of trial.
Location: Louisville, Kentucky
Case Name and Docket Number: Sistrunk v. Barkley, 01 CI 5981

Bus Driver At Fault For Rear-End Collision

Type of Injury: Wrist, knee and back sprain.
Award/Settlement Amount: $11,814
Case Summary: Plaintiff was operating his vehicle. Defendant was operating a bus owned by co-defendant on the same road and in the same direction as the plaintiff. There was a collision between plaintiff’s vehicle and the bus. Plaintiff sustained wrist, knee, and back sprain. Plaintiff alleged that defendant bus driver made an improper lane change; failed to keep his vehicle in the proper lane of travel; failed to yield the right-of-way; and failed to keep his vehicle under control. Defendants denied liability and filed a counterclaim against plaintiff. Defendants contended that plaintiff caused the accident by failing to operate his vehicle in a safe manner and rear-ending the bus. Jury found the bus driver to be at fault and awarded plaintiff $11,814.
Location: Mason County, Kentucky
Case Name and Docket Number: Campbell v. Orme, 96 CI 0102

Defendant Argues Plaintiff’s Treatment Excessive for Injuries

Type of Injury: Soft tissue neck and back injuries.
Award/Settlement Amount: $12,000
Case Summary: Plaintiff stopped his vehicle for traffic and was rear-ended by a vehicle driven by Defendant. Plaintiff asserted that the accident was the proximate cause of the soft tissue injuries to his neck and back. Plaintiff maintained that he continued to suffer residual back pain after the conclusion of physical therapy. Plaintiff’s treating internist opined that the injuries to plaintiff’s neck and back were proximately caused by the motor vehicle accident, but the physician could not comment as to the permanency of the condition. Defendant stipulated to liability, but disputed causation. Defendant contended plaintiff deserved some treatment but said the treatment he received was excessive. Jury awarded plaintiff $12,000.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Ahl v. Settles, 13-CI-00078

Rear-End Crash Victim Settles with Drunk Driver

Type of Injury: Soft tissue neck injury
Award/Settlement Amount: $12,000
Case Summary: Plaintiff stopped for a traffic light at an intersection and was struck from behind by a vehicle driven by Defendant. Defendant was intoxicated at the time of this accident with a blood alcohol level of 0.16. Plaintiff alleged defendant was negligent in operating a motor vehicle while intoxicated. He claimed he sustained a soft tissue neck injury because of the collision. Plaintiff also sought punitive damages because of defendant’s intoxication. Defendant admitted liability for causing the accident but disputed the amount of plaintiff’s damages. Parties settled for $12,000 prior to trial.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Hendrix v. Logan, 96 CI 5241

Moderate Injury Case Examples

Moderate rear-end collision injuries include more extensive sprains and strains to muscles, tendons, and ligaments, like whiplash neck injuries. Some disc damage may occur. Victims may suffer from simple broken bones, lacerations, and other injuries. Victims may be out of work for weeks or months.

Jury Award to Rear-End Victim with Pre-Existing Conditions

Type of Injury: Back injury-herniated cervical disc at C3-C4 and aggravation of a preexisting neck and back condition (protruding disc).
Award/Settlement Amount: $14,454
Case Summary: Plaintiff was stopped for a red light at an intersection, where he was rear-ended by a vehicle driven by Defendant. Plaintiff suffered a cervical disc herniation at C3-C4. Plaintiff had undergone cervical disc fusion surgery prior to this accident at a different level. Plaintiff further acknowledged that he was involved in a subsequent accident but claimed that the subsequent accident merely aggravated his injuries from this accident. Defendant admitted liability for the accident but contended that this was a minor accident as evidenced by little property damage to plaintiff’s vehicle. He also argued that plaintiff had preexisting neck and back problems, which were degenerative and work-related in nature. Jury awarded plaintiff $14,454.
Location: Lexington, Kentucky
Case Name and Docket Number: Trujillo v. Stovall, 580707

Rear-End Injury Victim Settles School Bus Case

Type of Injury: Soft tissue cervical and lumbar back injuries
Award/Settlement Amount: $17,491
Case Summary: Plaintiff claimed he was parked in front of his house, warming up his pickup truck on a rainy morning when his truck was hit from the rear by a school bus, being driven by defendant. Plaintiff claimed he suffered soft-tissue cervical and lumbar injuries which required chiropractic treatment. Plaintiff alleged the accident was caused by defendant driver, who failed to properly observe plaintiff’s vehicle. Defendants contended plaintiff drove his pickup in front of the school bus and the bus driver was unable to stop in time to avoid the accident. Defendants argued that the accident and any injuries plaintiff claimed were the result of plaintiff’s own negligence. The parties settled for $17,491 prior to trial.
Location: Magoffin County, Kentucky
Case Name and Docket Number: Little v. Caudill, 10-1236

Drunk Driver Rear-Ends Cars at Toll Booth

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $24,040
Case Summary: Plaintiff was operating his vehicle with his wife as a passenger. They stopped at a toll booth on the road. Defendant was approaching the same toll booth. He struck two vehicles, forcing one of them into the rear of plaintiff’s vehicle. At the scene of the accident, defendant’s blood alcohol level was .15. He was arrested and convicted of drunk driving. Both plaintiffs claimed soft tissue neck and back injuries. Defendant contended that this was a one-time occurrence and he had already been punished. Also, defendant argued that there was no evidence that his intoxication was the proximate cause of the accident. Plaintiff awarded $24,040, including $1,000 for punitive damages.
Location: Pikeville, Kentucky
Case Name and Docket Number: Robinson v. Ramey, 97 CI 1076

Pregnant Woman Injured in High-Speed Rear-End Crash

Type of Injury: Soft tissue neck and low back injuries
Award/Settlement Amount: $31,200
Case Summary: Plaintiff’s vehicle was rear-ended at high speed by another vehicle, being driven by defendant. Defendant admitted to the investigating officer that he had fallen asleep at the wheel. Plaintiff was traveling at 55 m.p.h. at the time of the accident and reasoned that defendant must have been traveling at a higher rate of speed to have caught up with her. Plaintiff said that she suffered soft tissue neck and low back injuries which required a prolonged recovery because she was 5 months pregnant at the time of this accident and treatment was delayed until after delivery. Defendant admitted liability for the accident but disputed the damages. Jury awarded plaintiff $31,200.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Hickerson v. Hamilton, 96 CI 0155

Defendant Denied Negligence for Rear-End Collision

Type of Injury: Back injury-cervical and lumbar strains/sprains
Award/Settlement Amount: $36,170
Case Summary: Plaintiff’s vehicle was stopped, preparing to turn, and was struck from behind by Defendant’s vehicle. Plaintiff claimed that he sustained cervical and lumbar strains from the accident. Plaintiff filed a complaint against defendant for negligence, contending that defendant failed to maintain proper control of the vehicle he was operating, that defendant was following too closed and driving at a high rate of speed in the circumstances. Defendant admitted that he rear-ended the Plaintiff’s car but denied being negligent. He argued that he was faced with a ‘certain emergency’ and contested plaintiff’s claimed damages. Jury returned a plaintiff verdict.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Bolden v. Meade, 00 CI 1637

At-Fault Driver Denies Fault, Rear-End Accident Victim Wins

Type of Injury: General Back injuries
Award/Settlement Amount: $94,714
Case Summary: Plaintiff’s vehicle was rear-ended by defendant’s vehicle at an intersection. The plaintiff claimed he sustained back injuries from the collision. Defendant denied liability, contending that plaintiff was comparatively negligent for braking suddenly. Plaintiff denied allegations of negligence and claimed that defendant was driving too fast and following too closely in the traffic conditions. Jury found defendant was 100 percent liable for the accident and awarded plaintiff $94,714 in compensatory damages.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Lisa v. Kathryn, 08-CI-01777; 08-1777

Severe Injury Case Examples

Severe rear-end accident cases often involve more than one type of injury. Neck and back injuries may be serious, requiring surgical repair. Traumatic brain injuries, internal injuries, or complicated fractures may occur. Victims are often left with some level of permanent disability that impairs their ability to work.

Negligent Rear-End Driver Injures Teen

Type of Injury: Hip and knee injuries; aggravation of preexisting benign cyst in the hip
Award/Settlement Amount: $116,231
Case Summary: Plaintiff, age 18, was making a left turn from a Mall parking lot when she collided with a vehicle driven by Defendant. Defendant reportedly disregarded the directional signs and entered the plaintiff’s right-of-way. Both cars sustained major damage and plaintiff suffered what was initially diagnosed as soft tissue knee injuries. Two days later she developed persistent, new pain in her hip which was diagnosed as a benign cyst. The cyst was monitored for two years before being surgically removed because of the pain. Defendant admitted liability for the accident but contended that plaintiff had a preexisting cyst/tumor which was not caused by this accident and that her surgery was unrelated. Jury awarded plaintiff $116,231.
Location: Pikeville, Kentucky
Case Name and Docket Number: Honaker v. Thorpe, 99 CI 0310

High-Dollar Rear-End Injury Verdict Cut for Shared Fault

Type of Injury: Head injury-Traumatic Brain Damage, concussion and subdural hematoma
Award/Settlement Amount: $144,129
Case Summary: Plaintiff rear-ended a dump truck that pulled out in front of him. Plaintiff claimed the truck had several violations and the truck driver had an expired medical card. Plaintiff suffered traumatic brain injury, concussion, and subdural hematoma, requiring a craniotomy. Defendant denied liability and contended that Plaintiff was likely on his cell phone and was not wearing his glasses at the time of the accident. Defendant also claimed that Plaintiff never even tried to brake to avoid the collision. A jury found Plaintiff was 90% negligent for the collision and awarded him $1,441,292. The awarded was adjusted to $144,129 due to fault apportionment.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Coleman v. Harcourt, 12-457

At-Fault Rear-End Driver Disputes Victim’s Injuries

Type of Injury: Soft tissue injuries to neck, left shoulder and back
Award/Settlement Amount: $200,000
Case Summary: Plaintiff’s vehicle was hit from behind by defendant. There was moderate property damage and plaintiff did not feel any pain until later that night. Plaintiff went to her primary physician and was referred to chiropractic therapy for her soft tissue injuries to neck, left shoulder and back. Her doctors restricted her from work for three months. Plaintiff said she never had any previous injuries or accidents and never had any problems with pain in her 18-year career as a flight attendant. Plaintiff’s two doctors testified at trial along with her supervisor and her sister who was living with her at the time of the accident. Defendant admitted liability but disputed plaintiff’s damages. Jury returned a verdict for plaintiff.
Location: Lexington, Kentucky
Case Name and Docket Number: Corio v. Homeplace Support Services, 201201115

Delivery Driver and Employer Liable for Rear-End Crash

Type of Injury: Back injury, bulging lumbar disc which subsequently ruptured
Award/Settlement Amount: $275,329
Case Summary: Defendant’s driver was operating a delivery truck along northbound lane. A metal hand truck was attached to the back of the delivery truck. As defendant’s driver was preparing to exit at Seminary Road, the hand truck came loose and bounced into the roadway in the path of an oncoming vehicle. The driver of that vehicle slammed on her brakes and was rear-ended by another vehicle. The second vehicle was then rear-ended by plaintiff’s vehicle. Plaintiff claimed he suffered a bulging lumbar disc which subsequently ruptured, necessitating surgery. Plaintiff alleged that defendant’s employee’s failure to properly secure the hand truck was the proximate cause of the accident. Defendant contended that plaintiff was not as severely injured as he claimed. Jury found for plaintiff.
Location: Madison County, Kentucky
Case Name and Docket Number: Smallwood v. Godd, 01 CI 0010

Plaintiff Verdict For Rear-End Victim, Defendant Denied Liability

Type of Injury: Soft tissue back and neck injuries; Aggravation of preexisting degenerative back condition
Award/Settlement Amount: $340,000
Case Summary: Plaintiff was stopped in traffic, waiting for a red light, when he was rear-ended by defendant. Plaintiff claimed severe neck and back pain. The complaints were mostly soft-tissue. There was evidence that plaintiff had prior complaints of back pain. However, his treating doctor said that while plaintiff had degenerative problems prior to this wreck, they were essentially dormant. The defense denied liability and opined that plaintiff’s problems were degenerative and pre-existed the accident; moreover, his present symptoms are not consistent with a motor vehicle accident and must, if they exist at all, be a result of the prior problems. Jury awarded plaintiff $340,000 in damages.
Location: Fayette County, Kentucky
Case Name and Docket Number: Hurt v. Hamilton, 96 CI 1731

Two Plaintiffs Win Jury Award for Rear-End Collision

Type of Injury: Plaintiff 1; Back injuries-Aggravation of preexisting lumbar injuries: Plaintiff 2; Shoulder injury-torn rotator cuff; Others-post-traumatic stress disorder.
Award/Settlement Amount: $347,305
Case Summary: Plaintiff 1 was driving eastbound with plaintiff 2 riding as a backseat passenger. Plaintiff claimed she stopped for traffic waiting to make a left turn and had her turn signal engaged. While stopped, plaintiffs’ car was struck in the rear by a vehicle driven by Defendant. Plaintiff1 alleged the impact caused an exacerbation of a preexisting low back injury resulting in need for fusion surgery. Plaintiff2 claimed he sustained a torn rotator cuff and post-traumatic stress disorder. Defendant initially disputed liability and argued that plaintiffs were not injured. However, defendant ultimately admitted liability for causing the accident, and the case proceeded on the issue of damages only. Jury awarded plaintiff1 $347,305 and $312,424 for Plaintiff2.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Jones v. Mo Moorman Distributing, 182105

Jury Award for Victim of Multi-Vehicle Rear-End Crash

Type of Injury: Shoulder injury- rotator cuff tear and post-traumatic brachial plexus neuropathy
Award/Settlement Amount: $382,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the same direction. Plaintiff crested a hill into the sun and noticed traffic stopped ahead. He came to a stop and was subsequently rear-ended by the vehicle directly behind him. The accident was caused when defendant, who was 3 or 4 cars behind plaintiff, rear-ended the vehicle in front of him, causing a chain reaction. Plaintiff alleged that he suffered a rotator cuff tear and post-traumatic brachial plexus neuropathy, resulting in continuing debilitating pain. Defendant disputed plaintiff’s injury, pointing out that the injury did not appear on any diagnostic testing. Defendant eventually admitted liability for the accident. Jury awarded plaintiff $382,000 in damages.
Location: Rockcastle County, Kentucky
Case Name and Docket Number: Wilson v. Saatkamp, 08-217

Tractor-Trailer Driver Sustains Rear-End Crash Injuries

Type of Injury: Soft tissue cervical (neck) sprain and Closed head injury resulting in post-traumatic headaches, photophobia, visual blurring, dizziness, and depression.
Award/Settlement Amount: $442,505
Case Summary: Plaintiff was operating his tractor-trailer, proceeding to South. Plaintiff alleged that defendant was driving erratically in front of him along the same road. When the vehicles were on the entrance ramp, plaintiff claimed that defendant changed from the left to the right lane. Defendant then suddenly moved back into the left lane in front of plaintiff with no lights on and braked hard. Plaintiff attempted to avoid a collision by changing lanes but was unable to avoid the rear of defendant’s vehicle. Plaintiff suffered soft tissue cervical (neck) sprain and closed head injury resulting in post-traumatic headaches. Defendant denied liability and disputed the nature and extent of plaintiff’s injuries. Jury returned a plaintiff verdict for $442,505.
Location: Louisville, Kentucky
Case Name and Docket Number: Swindler v. Dotson, 96-5682

Victim Delayed Treatment for Rear-End Crash Injuries

Type of Injury: Back injuries-aggravation of prior C5-7 disc herniation
Award/Settlement Amount: $501,827
Case Summary: Plaintiff and Defendant were traveling in the same direction in rush hour traffic. Defendant’s vehicle allegedly “rolled” into plaintiff’s vehicle resulting in minimal property damage. A week post-accident, plaintiff sought treatment for back pain. Plaintiff claimed the collision exacerbated prior C5-7 disc herniation necessitating two back surgeries and spinal fusion. Defendants contended that the impact was minimal, that plaintiff’s condition was pre-existing, and that plaintiff’s surgery was not proximately related to the accident. Jury returned a plaintiff verdict. Per counsel, the fact that property damage was minimal, and plaintiff did not seek treatment for a week, and even went running on four occasions in the interim, significantly impacted the outcome.
Location: Pikeville, Kentucky
Case Name and Docket Number: Hall v. Stanfield, 13-1141

At-Fault Rear-End Driver, Employer Liable for Head Injuries

Type of Injury: Head injury-laceration to forehead, closed head injury with a subarachnoid hemorrhage and a contrecoup injury of the brain resulting in an intraparenchymal hemorrhage and contusion; Others-fractured patella
Award/Settlement Amount: $680,171
Case Summary: Plaintiff was a passenger in a vehicle that had come to a stop waiting for traffic to clear to make a left turn. Plaintiff’s vehicle was rear-ended by Defendant, who was operating a vehicle in his scope of employment with co-defendant. Plaintiff’s vehicle was pushed into oncoming traffic and collided with another vehicle head-on. Plaintiff’s head struck the dashboard. Plaintiff suffered laceration to forehead, fractured patella (knee) requiring open reduction and internal fixation, closed head injury with a subarachnoid hemorrhage and a contrecoup injury of the brain resulting in an intraparenchymal hemorrhage and contusion. Defendants did not seriously contest liability but did dispute plaintiff’s damages. Plaintiff received $680,171 in damages.
Location: Louisville, Kentucky
Case Name and Docket Number: Neumann v. Clay, 13-194

Methodology

This analysis focused on actual car accident lawsuits filed in Kentucky by rear-end accident victims. All plaintiffs in the group were compensated by a jury award or out-of-court settlement. The group did not include any wrongful death cases.

Award/Settlement amounts reflect the final amount after any deductions to account for shared fault. The payout amount listed for cases with more than one plaintiff reflects the highest amount received by one individual plaintiff in the case.

Averages are calculated by adding all the final payouts in a group, then dividing by the number of cases in the group.