Explore actual payouts to victims of side-impact car accidents in Kentucky. Look for accidents and injuries similar to yours.

Side-impact collisions, including sideswipe and angle accidents, account for more than half of all Kentucky traffic accidents each year.¹

The average settlement for a moderate side-impact collision in Kentucky is $33,436. The payouts in our sample range from $1,610 for minor soft-tissue injuries to $1,000,000 for traumatic neck, back, and brain injuries.

Average Payouts for Kentucky Side-Impact Collisions

These averages are derived from personal injury cases filed in Kentucky courts caused by side-impact collisions. The group does not include wrongful death cases.

Average Payout by Severity of Injury
Minor Injury	$7,848
Moderate Injury	$33,436
Severe Injury	$450,361
Payout Range by Type of Injury
Neck and Back Injuries	$1,610 - $1,000,000
Head Injuries	$8,361 - $1,000,000

Factors Affecting Kentucky Accident Payouts

Kentucky is a no-fault state. Accident victims must first look to their own auto policy for injury compensation. Kentucky auto insurance policies are required to have Personal Injury Protection (PIP) coverage for injuries to the driver or passengers, no matter who caused the accident.

PIP only pays for medical expenses, lost wages, and some related costs. PIP does not pay for pain and suffering or property damage.

Exceptions are made to the no-fault rule for certain types of severe injuries. Injuries that exceed the no-fault threshold should be handled by an experienced car accident lawyer.

Other factors that influence injury payouts in Kentucky include:

• Injury Severity – Minor to moderate injuries will be paid out of PIP, with no allowance for non-economic damages. Claims for more serious injuries will include a demand for anticipated future losses as well as pain and suffering.
• Shared Fault – Kentucky is a pure comparative fault state. Outside of PIP, you can make a claim against the other driver, even when you share fault for your injuries. Your potential compensation will be reduced according to your percentage of fault.
• Auto Policy Limits – Kentucky drivers must carry insurance with liability coverage no less than $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 property damage liability. Auto policies must have at least $10,000 in no-fault PIP coverage. The mandated minimum limits won’t be enough to cover severe injury claims.
• Uninsured Motorist Coverage – Kentucky insurers must offer new policyholders uninsured motorist (UM)  and underinsured motorist (UIM) coverage equal to the policy’s liability limits. The policyholder can waive UM and UIM. However, without this coverage, you risk not having enough for injuries caused by an uninsured or underinsured driver.
• Multiple Claimants – When multiple people are badly injured in an accident, there may be a court battle for access to the at-fault driver’s liability limits. There may not be enough coverage to fully compensate all victims.
• Venue and Jurisdiction – The at-fault driver’s insurance carrier may offer more to settle a serious injury claim to prevent a lawsuit in a court venue that favors car accident victims.
• Punitive Damages: Kentucky allows punitive damages in car accident cases where the at-fault party acted with oppression, fraud, or malice. Kentucky does not cap punitive damage awards.

Minor Injury Case Examples

Minor injuries from side-impact accidents will typically be soft-tissue injuries, like scrapes, bruises, and sprains that will heal in a matter of days or weeks. The victims may lose a few days of work due to soreness and stiffness.

Side-Impact Injury Award Reduced on Appeal

Type of Injury: Back and neck injuries-Cervical and lumbar soft tissue injuries
Award/Settlement Amount: $1,610
Case Summary: Plaintiff was operating his automobile. Defendant was backing out of a parking lot onto the Road and the two vehicles collided. Plaintiff alleged defendant was negligent in failing to yield the right-of-way and keep a proper lookout. Plaintiff claimed he sustained soft tissue cervical and lumbar injuries that resolved prior to trial. Defendant denied liability and disputed the proximate cause of plaintiff’s injuries. A District Court jury returned a plaintiff verdict for $12,000. However, plaintiff appealed the decision to Circuit Court. The Circuit Court jury awarded plaintiff just $1,610, which represented half of his claimed medicals.
Location: Johnson County, Kentucky
Case Name and Docket Number: Kronmueller v. Wilson, 97 CI 0395

Side-Impact Injury Case Settles Out-of-Court

Type of Injury: Soft tissue neck and back injuries.
Award/Settlement Amount: $7,500
Case Summary: Plaintiff was traveling on a two-lane road when Defendant made a left turn in the path of plaintiff’s oncoming vehicle. Plaintiff alleged the accident was the proximate cause of her soft tissue neck and back injuries. Plaintiff’s doctor prescribed physical therapy for one month and pain medication. Plaintiff claimed she missed three days of work and had residual discomfort through the Spring of that year. Defendant admitted failing to yield the right-of-way and causing the accident but disputed the duration and extent of plaintiff’s medical treatment, as well as the duration of her ongoing pain complaints. However, parties reached a $7,500 settlement prior to trial.
Location: Louisville, Kentucky
Case Name and Docket Number: Maddox v. Transervice Logistics, 201301851

Driver Admits Fault for Side-Impact Crash, Disputes Victim’s Pain

Type of Injury: Head, neck and shoulder injuries
Award/Settlement Amount: $8,361
Case Summary: Plaintiff was exiting a Fair and Exposition Center when defendant turned left against the light, striking the plaintiff’s vehicle in the front driver’s side. The impact forced plaintiff’s head through the driver’s window and propelled the car through the intersection. About one month later, plaintiff complained of continued neck and shoulder pain. His doctor diagnosed a cervical strain and linked it to the motor vehicle accident. Defendant did not challenge liability, primarily defending suffering damages. In her closing, Defendant conceded that plaintiff had suffered a neck injury, but described plaintiff’s pain complaints as “intermittent at best.” Jury awarded plaintiff $8,361 in damages.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Thompson v. Kitchen, 99 CI 3632

Jury Awards Medical Costs to Side-Impact Victim

Type of Injury: Back injury-cervical, thoracic and lumbar strains
Award/Settlement Amount: $9,949
Case Summary: Plaintiff was involved in a motor vehicle accident with defendant. Plaintiff claimed injuries of lumbosacral neuritis, cervical, thoracic, and lumbar strains with spasms. Plaintiff sued defendant for motor vehicle negligence with a claim that she operated her vehicle in a negligent and careless manner and was the proximate cause of his injuries. The defendant denied liability and claimed plaintiff acted negligently and failed to exercise ordinary care for his own safety. The jury returned damages for plaintiff of medical expenses only, declining to provide pain and suffering damages.
Location: Christian County, Kentucky
Case Name and Docket Number: Morris v. Brown, 2013-CI-000773

Defendant Challenges Sideswipe Accident Foot Injury

Type of Injury: Chest contusion; general soft tissue body injuries and foot pain
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was driving on a narrow gravel country road. He claimed his car was sideswiped by a vehicle driven by Defendant. Plaintiff’s vehicle sustained moderate property damage. Plaintiff alleged he sustained soft tissue bruising, including a chest contusion, for which he treated immediately after the accident. He claimed he later developed foot pain, which he argued arose from this accident. Defendant admitted he was at fault for the accident, but disputed causation of some of plaintiff’s injuries. Defendant admitted that plaintiff may have sustained some soft tissue injuries but argued that his foot problems were not related to the crash. Jury awarded plaintiff $10,000.
Location: Jefferson County, Kentucky
Case Name and Docket Number: John Ruhs v. PJAX, Incorporated, 08-CI-3339

Moderate Injury Case Examples

Moderate car accident injuries are more extensive, with sprains and strains to muscles, tendons, or ligaments that can take months to heal. Victims may suffer concussions, broken bones, and disc injuries with residual impairment. The victim may be out of work for months.

Side-Impact Case Settles for Insurance Policy Limits

Type of Injury: Head injury-concussion; Back injuries-soft tissue cervical injuries.
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was a passenger in a vehicle driven by Defendant. Defendant failed to stop at a stop sign and was broadsided by another vehicle at the intersection. The impact forced plaintiff’s vehicle off the road and into a fence. Plaintiff suffered a concussion, and soft tissue cervical injuries. Plaintiff alleged that defendant was negligent in the operation of a motor vehicle. Defendant admitted causing the accident and did not dispute plaintiff’s injuries. Defendant’s liability carrier agreed to a $25,000 policy limits settlement.
Location: Lexington, Kentucky
Case Name and Docket Number: Elam v. Audi of Lexington, 2011-SC-000449-WC

Driver Admits Fault, Left-Turn Case Settles for Limits

Type of Injury: Head injury-scalp laceration; low back strain and a disc bulge
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was driving southbound on his way home from work, when a car driven by defendant turned left into his path, resulting in a collision. Despite having suffered a deep scalp laceration and experiencing neck and back pain, plaintiff was able to drive himself to the ER, where he was diagnosed with a low back strain and a minor disc bulge. His doctor linked the strain to the wreck, but not the disc, pointing instead to degenerative conditions. Defendant admitted liability for causing the accident. Defendant’s liability carrier agreed to a $25,000 policy limits settlement.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Pitman v. State Farm, 99 CI 0463

Injury Award to Three Victims in T-Bone Crash

Type of Injury: General soft tissue injuries; Others: Plaintiff 3-migraine headaches and a facial laceration with nerve damage
Award/Settlement Amount: $27,380
Case Summary: Defendant was driving his vehicle when he failed to stop at a sign and broadsided a vehicle driven by Plaintiff 1. Plaintiff1’s 8-year-old daughter, was a passenger in the vehicle. Plaintiff3 was also a passenger in Plaintiff1’s vehicle. Plaintiffs claimed that they suffered soft tissue injuries which required emergency room treatment and chiropractic treatment six months later. Plaintiff3 also claimed migraine headaches and a facial laceration with nerve damage because of the collision. Defendant admitted liability for the accident but contended that plaintiffs’ soft tissue injuries resolved quickly and that the chiropractic treatment six months after the accident was unrelated. Also, defendant asserted that Plaintiff3’s migraines preexisted the accident and were unrelated. Jury awarded plaintiffs $82,139.
Location: Wolfe County, Kentucky
Case Name and Docket Number: Rue v McClain, 01 CI 0066

Jury Finds Three Drivers Liable for Side-Impact Collision

Type of Injury: Soft tissue neck, shoulder, wrist and hand injuries
Award/Settlement Amount: $32,599
Case Summary: Plaintiff was operating her vehicle eastbound in the right lane. Defendant was operating her own vehicle in the same direction, in the left lane. An unidentified driver was also operating her vehicle eastbound, behind plaintiff. The unidentified driver moved her vehicle from the right lane to the center lane. Second Defendant, who was operating her vehicle in the center lane at the same time, moved to the left lane, in front of the vehicle driven by Defendant. As a result, defendant spun out of control and struck plaintiff’s vehicle. Plaintiff sustained soft tissue neck, shoulder, wrist, and hand injuries. Plaintiff claimed negligence by all three drivers was wanton disregard for the safety of other drivers. Defendants disputed liability. Jury returned a plaintiff verdict.
Location: Warren County, Kentucky
Case Name and Docket Number: Shields v. Brown, 04-0312

Defendant Admits Liability, Side-Impact Case Settled Before Trial

Type of Injury: Back injury-bulging disc
Award/Settlement Amount: $38,390
Case Summary: Plaintiff was waiting for oncoming traffic to cross at a rural crossroad with a stop sign/stop light when he was struck by defendant traveling from plaintiff’s left. Plaintiff was treated in an emergency room, and later by a chiropractor and orthopedic surgeons. He was diagnosed with a bulging disc two years after the collision. Defendant admitted liability for causing the accident but disputed causation. Parties however reached a $38,390 settlement before trial.
Location: McCracken County, Kentucky
Case Name and Docket Number: Thompson v. Falder, 14-CI-00406

Both Sides Allege Fault for Side-Impact Crash, Case Settles

Type of Injury: Back injuries, soft-tissue cervical and lumbar
Award/Settlement Amount: $40,000
Case Summary: Plaintiff and Defendant were operating their vehicles in opposite directions on a highway. Defendant attempted to make a left turn in front of plaintiff’s oncoming vehicle and their vehicles collided. Plaintiff sustained soft tissue cervical and lumbar injuries which required physical therapy. The roadway speed was disputed, with defendant asserting that the maximum safe speed limit was 25 mph, while plaintiff claimed the highway was not properly surveyed for speed or properly marked. Defendant contended that plaintiff was speeding and crossed the centerline. However, plaintiff’s motion to exclude any evidence about the 25 mph speed limit sign was granted. Parties settled the case for $40,000.
Location: Campbell County, Kentucky
Case Name and Docket Number: Elkins v. LKLP CC Inc, 2012-CA-000335

Left-Turn Side Impact Case Settled Out-of-Court

Type of Injury: Post concussive syndrome and a sprained wrist
Award/Settlement Amount: $45,684
Case Summary: Defendant failed to yield the right-of-way when making a left turn at an intersection and collided with the Plaintiff’s vehicle. The plaintiff was diagnosed with post concussive syndrome and a sprained wrist after being extricated from his vehicle by emergency medical personnel. Plaintiff sued defendant for negligence. Defendant admitted liability. The case settled before trial.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Jones v. Steele, 96 CI 4434

Severe Injury Case Examples

Severe side-impact crash injuries can be life-threatening, such as traumatic brain injuries, internal injuries, multiple fractures, and neck, back, or spinal cord damage. Victims may be left with partial or total permanent impairments that prevent a return to their pre-accident activities and employment.

Plaintiff Verdict for Injured Victim of T-Bone Collision

Type of Injury: Back Injury-ruptured disc
Award/Settlement Amount: $116,442
Case Summary: Plaintiff, age 52, was approaching an intersection, while the same time defendant was approaching it from a side street. When defendant reached the stop sign, she failed to see plaintiff and proceeded on, leading to a significant T-bone collision. Plaintiff suffered a ruptured disk. His doctor performed a disc fusion surgery. Fault was not an issue in this case. Defendant however responded that plaintiff’s injuries stemmed not from this motor vehicle accident, but from his extensive prior medical problems. Specifically, the many documented complaints of back pain made to doctors before the accident were developed. The jury awarded plaintiff $116,442.
Location: Jefferson County, Kentucky
Case Name and Docket Number: Parks v. Eddington , 93 CI 6107

Award to Plaintiff Injured in Parking Lot Side-Impact Collision

Type of Injury: Back injury- herniated disc; Closed head injury; General soft tissue injuries
Award/Settlement Amount: $330,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles in a shopping center parking lot. Plaintiff was driving down a main exit lane. Defendant was crossing the main exit lane from the plaintiff’s left and collided with the plaintiff’s vehicle. There was no traffic control device at the location of the accident. Plaintiff suffered a herniated disc, a closed head injury and soft tissue injuries as a direct result of this accident. Both parties claimed to have had the right-of-way. Causation was also disputed, and the defendant raised the issue of contributory negligence. Jury returned a plaintiff verdict. Per Plaintiff’s counsel, the persuasive testimony of the plaintiff’s experts impacted the outcome of the case.
Location: Prospect, Kentucky
Case Name and Docket Number: Shepherd v. Sullivan, 169352

Defendant Denies Fault for Side-Impact Crash, Plaintiff Wins

Type of Injury: Head injuries-lacerations and a torn chin muscle; Others-Bilateral knee injuries
Award/Settlement Amount: $355,000
Case Summary: Plaintiff was driving her vehicle from a commercial driveway. Defendant was exiting a commercial driveway from the opposite side of the street, four lanes over. Defendant did not see plaintiff’s automobile and drove into the driver’s side of plaintiff’s car. The impact caused plaintiff to lose control of her car and drive head-on into another vehicle which was waiting to make a turn. Plaintiff struck her chin on the steering wheel and sustained lacerations and a torn chin muscle. Plaintiff alleged defendant failed to yield the right-of-way and was responsible for the accident. Defendant denied liability. There was no real dispute over plaintiff’s injury. Jury returned a plaintiff verdict.
Location: Fayette County, Kentucky
Case Name and Docket Number: Fugitt v. Cleaver, 13-2618

Defendant Liable for Side-Impact Tractor-Trailer Car Crash

Type of Injury: Brain Injury; Others-a cervical disc herniation, with dizziness and headaches, and aggravation of a preexisting disc injury
Award/Settlement Amount: $1,000,000
Case Summary: Plaintiff was driving northbound. Defendant made an unsafe lane change, lost control, and struck plaintiff’s car as well as a tractor-trailer. The tractor-trailer then hit the jersey wall, flipped over, and landed on plaintiff’s vehicle. The tractor-trailer landed on the driver’s side hood and windshield of plaintiff’s car, completely crushing it. First responders were able to pull plaintiff out of the passenger’s side window. Plaintiff said she suffered soft-tissue injuries to her neck, left knee, right shoulder and back. She received injections and physical therapy. Parties settled the claim for $1,000,000 before trial.
Location: Christian County, Kentucky
Case Name and Docket Number: Carroll v. Freedom Waste Services, 09-CI-01480

Methodology

Our group of cases are drawn from actual Kentucky injury lawsuits arising from side-impact collisions. Each case resulted in a payout to the injured plaintiff, either from a jury award or an out-of-court settlement. The group does not include any wrongful death cases.

Averages are calculated by adding all the payouts for the group, then dividing by the number of cases. An unusually high payout in a group can skew the average higher.