Explore injury awards and settlements paid to actual Montana car accident victims. Look for cases similar to yours.

More than 200 people are killed in motor vehicle accidents on Montana roadways every year. More than 70 percent of these fatalities are linked to failure to wear a seatbelt and drunk driving.¹

If you or a family member are injured in an accident, you have the right to pursue the at-fault driver for compensation.

The average car accident settlement in Montana for a moderate injury claim is $38,501. Average payouts range from $4,406 for minor injuries to $233,986 for severe injuries.

Average Montana Car Accident Settlement Amounts

We analyzed a group of injury lawsuits filed in Montana 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 or out-of-court settlement.

Average Payout by Severity of Injury
Minor Injury	$4,406
Moderate Injury	$38,501
Severe Injury	$233,986
Payout Range by Severity of Injury
Minor Injury	$1,250 - $12,000
Moderate Injury	$12,310 - $83,500
Severe Injury	$100,000 - $423,056

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	$4,406
Moderate Injury	$38,501
Severe Injury	$189,167

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.

Accident victims in our case group suffered a variety of serious injuries, including concussions, facial fractures, shoulder injuries, and a broken neck. 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	$4,507
Moderate Injury	$38,684
Severe Injury	$202,982
Average Head Injury Settlements
Minor Injury	$3,500
Moderate Injury	$36,848
Severe Injury	$280,000

How Car Accident Settlements Are Calculated

Attorneys, court juries, and insurance adjusters determine the dollar value of an injury claim primarily by the scope and severity of the victim’s injuries. A fair settlement will cover medical bills, out-of-pocket expenses, lost income, and an amount for pain and suffering.

Montana is a traditional fault or “tort” state, meaning the driver who caused the accident is liable for the victim’s damages.

Accident victims in Montana don’t have to first rely on their own auto policy. The injured person can file an injury claim against the at-fault driver’s auto insurance, or file a lawsuit directly against the driver. Most car accident victims start by filing an insurance claim.

Estimating a Payout for Minor Injuries

An easy way to estimate a fair settlement amount for a minor to moderate injury claim is called the “multiple method.”

Start by adding up your economic damages such as medical bills, lost wages, and out-of-pocket expenses for medical costs and hiring replacement services, like snow shoveling. Then add one to three times that total to account for your pain and suffering.

A multiple of one is reasonable if you spent a few days in the recliner with a heating pad on your neck.  A multiple of two or three is justified when your injuries interrupted your activities for several weeks or months. For example, when a slipped disc kept you out of work and in the house all winter.

Serious or complicated injury claims 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.

Other factors that affect injury payouts in Montana:

• Shared Fault – Montana 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 Montana must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, and $20,000 for property damage.
• 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 – Montana requires auto policies to have uninsured motorist (UM) coverage for bodily injuries equal to the policy’s liability limits, unless the policyholder has rejected UM coverage in writing. Underinsured motorist (UIM) coverage is optional.
• 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 – Montana caps punitive damages at $10 million or 3 percent of the defendant’s net worth, whichever is lower.

Frequently Asked Questions

Minor Injury Case Examples

Minor car accident injuries are commonly soft-tissue injuries like cuts, bruises, scrapes, and sprained or strained muscles and tendons. Victims might be too sore to go to work for a few days, but most are fully recovered within a month.

Delayed Treatment After Fender Bender

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $1,250
Case Summary: Plaintiff was stopped at a stop sign when defendant rear-ended her vehicle. The Court granted plaintiff’s Motion for Summary Judgment on the issue of liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that she suffered soft tissue neck and back injuries as a direct result of the accident, resulting in 10% permanent partial disability. Defendant contended that: he was traveling less than five m.p.h. at the time of impact; property damage to both vehicles was limited to a few small scratches; any pain or disability was related to prior and/or subsequent motor vehicle accidents; and plaintiff was exaggerating the extent of her injuries. Jury awarded plaintiff $1,250 including $1,150 medical specials and $100 pain and suffering.
Location: Missoula County, Montana
Case Name and Docket Number: Pepper v. Holmquist, DV 01-8

Rear-Ended by At-Fault Driver Using Company Car

Type of Injury: Cervical, thoracic and lumbar strain and sprain; aggravation of preexisting hip injury
Type of Accident: Rear-end
Award/Settlement Amount: $2,138
Case Summary: Plaintiff was a rear-seat passenger in a vehicle operated by a third party. Defendant, an employee of co-defendant, rear-ended the third party’s vehicle with his company vehicle, injuring plaintiff. Plaintiff alleged that she suffered cervical, thoracic and lumbar strain and sprain and 20% aggravation of 40% preexisting hip injury resulting in 60% permanent partial disability of hip. Defendants contended that: the impact was moderate; plaintiff did not seek treatment for hip problems until 10 months after the accident; and plaintiff’s hip injury was not proximately related to the accident. Jury returned a plaintiff verdict in the amount of $2,138.
Location: Chouteau County, Montana
Case Name and Docket Number: Roper v. Darlington, DV-09-08

Whiplash Award Reduced for Shared Fault

Type of Injury: Flexion-extension injury to her cervical spine
Type of Accident: Rear-end
Award/Settlement Amount: $2,203
Case Summary: Plaintiff was traveling in the right westbound lane. Defendant1 was traveling behind the plaintiff’s vehicle in the left westbound lane. A third party, Defendant2 pulled out of a private driveway into the left westbound lane in front of defendant1’s automobile. The two vehicles collided and defendant struck the plaintiff’s vehicle from behind. Plaintiff claimed that she sustained a flexion-extension injury to her cervical spine in the accident. Defendant1 contended that defendant2 was wholly or partially responsible for the accident in causing him to swerve from the left lane into the right lane and that plaintiff was not in any way restricted in her life’s activities because of her injury. Jury awarded plaintiff $2,937: $1,437 economic losses; $500 past non-economic; $1,000 future non-economic; Less 25% comparative negligence yielded a net verdict of $2,202.75.
Location: Cascade County, Montana
Case Name and Docket Number: Carestia v. Robey, DDV 08-268

Same Injuries Claimed in Two Prior Accidents

Type of Injury: Soft tissue neck, mid back and lower back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $2,659
Case Summary: Plaintiff stopped to make a left turn at an intersection and defendant rear-ended plaintiff’s vehicle. Plaintiff had been involved in two prior accidents. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that: he suffered soft tissue neck, mid back and lower back injuries as a direct result of the accident; and any prior disability had fully resolved and/or was asymptomatic prior to the subject accident. Defendant contended that: plaintiff had claimed similar injuries following the two prior accidents, resulting in 5% permanent partial disability; plaintiff’s injuries were proximately related to the prior collisions; and plaintiff was exaggerating the nature and extent of his injuries. Jury found for the plaintiff in the amount of $2,659.
Location: Lewis and Clark County, Montana
Case Name and Docket Number: Stewart v. Hellbusch, CDV-2008-367

Plaintiff with Long History of Chiropractic Care

Type of Injury: Soft tissue neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $3,300
Case Summary: Plaintiff was stopped at a traffic light on a secondary road when defendant rear-ended his vehicle. Plaintiff’s vehicle sustained $2,000 in property damage. Defendant was cited for following too closely. Following the accident, plaintiff treated with a chiropractor for four months. Plaintiff alleged that he suffered soft tissue neck injuries as a direct result of the collision, resulting in 5% permanent partial disability of the cervical neck. Defendant admitted liability, but contended that plaintiff’s injuries were proximately related to prior motor vehicle accidents, and that plaintiff had a long history of chiropractic care. The jury awarded plaintiff $3,300.
Location: Cascade County, Montana
Case Name and Docket Number: Reis v. Luckett, ADV 13-037

Dizziness and Double-Vision from Head Trauma

Type of Injury: Head trauma resulting in permanent headaches and double vision plus periodic loss of consciousness and dizziness
Type of Accident: Rear-end
Award/Settlement Amount: $3,500
Case Summary: Plaintiff and defendant were traveling in the same direction. Plaintiff slowed her vehicle and activated her left turn signal. Defendant subsequently rear-ended plaintiff’s vehicle, pushing it 237 feet. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that she sustained head trauma as a result of the accident resulting in permanent headaches and double vision as well as periodic loss of consciousness and dizziness. Defendant contended that plaintiff’s injuries were not proximately related to the accident and that plaintiff was exaggerating the extent of her injuries. Plaintiff received an award of $ 3,500. Per counsel, plaintiff was precluded from offering evidence that her vehicle was totaled as a result of the collision.
Location: Lewis and Clark County, Montana
Case Name and Docket Number: Hamilton v. Cummings, CDV-2007-920

Passenger Complains of Sciatica Two Years Later

Type of Injury: Herniated disc in lower back
Type of Accident: Rear-end
Award/Settlement Amount: $4,000
Case Summary: Plaintiff was a passenger in an automobile stopped at a traffic light. Defendant was traveling in the same direction and he rear-ended the vehicle in which plaintiff was a passenger. The driver of plaintiff’s vehicle was not injured in the collision. The Court granted plaintiff’s Motion for Summary Judgment on the issue of liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that he suffered herniated disc in lower back resulting in sciatica discomfort and 10% permanent partial disability of left leg as a result of the collision. Defendant contended that plaintiff had treated for lower back pain prior to this accident and that plaintiff did not experience disc problems until two and one-half years after the collision. Jury awarded plaintiff $ 4,000.
Location: Custer County, Montana
Case Name and Docket Number: Wolf v. Baggott, DV 99-21813

Physician Did Not Assign Permanency Rating to Injuries

Type of Injury: Soft tissue neck and back injuries with residual headaches
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff and defendant were driving in stop-and-go traffic on an interstate highway when defendant rear-ended plaintiff’s automobile. Property damage was moderate. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and or damages. Plaintiff alleged that he suffered permanent injuries to his neck and back with residual headaches as a direct result of the accident. Defendant contended that plaintiff’s physicians did not assign a permanency rating to plaintiff and that any continuing problems experienced by plaintiff were proximately related to a subsequent motor vehicle accident. The jury found that plaintiff’s damages totaled $5,000.
Location: Lewis and Clark County, Montana
Case Name and Docket Number: Anderson v. Simac, CDV-2008-468

At-Fault Driver Fell Asleep at the Wheel

Type of Injury: Soft tissue neck and shoulder injuries
Type of Accident: Rear-end
Award/Settlement Amount: $8,010
Case Summary: Defendant was traveling directly behind plaintiff in stop-and-go traffic. Defendant fell asleep at the wheel, and his vehicle rolled forward into plaintiff’s vehicle. Plaintiff was involved in a subsequent accident which resulted in significant property damage. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff said she suffered soft tissue neck and shoulder injuries and subluxation of her shoulder joint as a direct result of the accident. Defendant contended that: the impact was low speed, resulting in minimal property damage; plaintiff suffered, at most, minimal soft tissue neck injuries; and plaintiff’s injuries and damages were proximately related to the subsequent accident. Plaintiff’s award of $ 8,010 less setoff for collateral source yielded a net judgment of $ 4,500.
Location: Lewis and Clark County, Montana
Case Name and Docket Number: Kubik v. Banderob, CDV-2011-1078

Plaintiff Hired as Nurse by Her Treating Physician

Type of Injury: Cervical (neck) and lumbar back injury
Type of Accident: Rear-end
Award/Settlement Amount: $12,000
Case Summary: Plaintiff stopped her automobile when the vehicle in front of her stopped to make a left turn. The plaintiff was subsequently rear-ended by the defendant. Plaintiff alleged she suffered Cervical (neck) and lumbar back injury resulting in 7% permanent partial disability to cervical spine and 10% permanent partial disability to lumbar spine. Defendant contended that the vehicle in front of plaintiff’s vehicle stopped abruptly, causing plaintiff to stop suddenly and that the accident was unavoidable. Jury awarded plaintiff $12,000. Plaintiff’s counsel indicated that her case was hampered by the fact that plaintiff was hired as a nurse by her treating physician (internist) after the accident and was employed by him at the time of the trial. Her employer gave her the permanency ratings. Plaintiff’s orthopedic physician gave her a 0% permanency rating.
Location: Blaine County, Montana
Case Name and Docket Number: Roffler v. Wilkie, DV-99-18

Moderate Injury Case Examples

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

Victim In Two More Crashes After Subject Accident

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $12,331
Case Summary: Plaintiff was stopped at a stop sign at an intersection when defendant rear-ended her vehicle. Plaintiff was involved in two rear-end collisions subsequent to the subject accident. Plaintiff she suffered soft tissue neck and back injuries as a direct result of the collision, resulting in 6% permanent partial disability. Defendant contended that: plaintiff was contributorily negligent in stopping in an unsafe manner; plaintiff did not give notice of her intention to stop; and plaintiff’s injuries and any permanent impairment were proximately related to the two subsequent accidents. Jury returned a plaintiff verdict in the amount of $12,331 including $2,331 past medicals and $10,000 pain and suffering. Per plaintiff’s counsel, the fact that plaintiff had been involved in other subsequent accidents, significantly impacted the outcome.
Location: Yellowstone County, Montana
Case Name and Docket Number: Kerkaert v. Billings, DV 18-1695

Long Treatment Interruption for Shoulder Impingement

Type of Injury: Left shoulder impingement; soft tissue neck injuries; aggravation of preexisting arthritis in his neck and shoulder
Type of Accident: Rear-end
Award/Settlement Amount: $13,655
Case Summary: Plaintiff stopped to make a turn when defendant rear-ended his vehicle. Plaintiff was treated in the emergency room on the day of the accident and subsequently treated with a chiropractor for two months. Two years post-accident he began treating with an orthopedic who gave him a 10% disability rating. Plaintiff alleged that: he suffered left shoulder impingement, soft tissue neck injuries and aggravation of preexisting arthritis in his neck and shoulder as a direct result of the accident; medication for his prior back injuries alleviated his neck and back pain, resulting in the gap in treatment; and his activities were more limited after the accident. Defendant admitted liability, but contended that the chiropractor assessed no permanency rating and that plaintiff’s injuries were proximately related to his pre existing arthritis. Jury awarded plaintiff $13,655.
Location: Missoula County, Montana
Case Name and Docket Number: Kettenring v. Dietz, DV 10-513

Plaintiff Failed to Disclose Prior Neck Condition

Type of Injury: Sprained neck
Type of Accident: Rear-end
Award/Settlement Amount: $16,300
Case Summary: Plaintiff was stopped at a stop sign when defendant rear-ended her automobile. The Court entered a summary judgment against defendant on the issue of liability and the trial proceeded on the issue of damages. Plaintiff alleged that she suffered a sprained neck in the accident, resulting in 8-10% permanent disability of the neck. Defendant contended that: plaintiff was diagnosed with cervical osteoarthritis by her family physician prior to the accident; plaintiff treated with another physician following the accident; and plaintiff failed to disclose the prior diagnosis to her treating physician or her attorney. Jury returned a plaintiff verdict, awarding her $16,300.
Location: Lake County, Montana
Case Name and Docket Number: Pablo v. Moore, 99-507

Tinnitus Resulting In Hearing Loss to Both Ears

Type of Injury: Neck and back sprain; tinnitus resulting in hearing loss in both ears
Type of Accident: Rear-end
Award/Settlement Amount: $23,000
Case Summary: Defendant rear-ended plaintiff’s vehicle at a low speed on a highway exit ramp. Defendant’s vehicle sustained no damage and plaintiff’s vehicle sustained minimal damage. Defendant received a citation subsequent to the accident. Plaintiff alleged that he suffered neck and back injuries, and tinnitus in both ears resulting in hearing loss as a direct result of the collision. Defendant did not admit liability, but did not seriously contest it. Defendant contended that: plaintiff’s complaints varied from physician to physician; plaintiff’s medical records revealed no objective evidence of trauma or hearing problems which could be related to the accident; and plaintiff overtreated. Jury ruled in favor of plaintiff. The panel found that plaintiff’s damages totaled $23,000.
Location: Yellowstone County, Montana
Case Name and Docket Number: Bracken v. McDonnell Enters, DV-12-00744

Three-Car Crash Aggravates Prior Back Problems

Type of Injury: Herniated cervical discs at C4-C5 and a low back injury
Type of Accident: Rear-end
Award/Settlement Amount: $31,000
Case Summary: Plaintiff was operating her auto in a line of vehicles. Defendant was operating the third vehicle behind plaintiff. Defendant rear-ended a truck which struck the auto behind plaintiff, forcing it into plaintiff’s auto. Plaintiff then struck the vehicle in front of her. Plaintiff claimed she suffered herniated cervical discs at C4-C5 and a low back injury as a direct result of the accident. Defendant contended that: the truck that she rear-ended had no brake lights; plaintiff’s vehicle sustained no property damage; and plaintiff was exaggerating the extent of her injuries and damages. Jury awarded plaintiff $31,000. Per defendant’s counsel, plaintiff’s credibility was called into question when she failed to disclose to her treating physician prior treatment for neck pain.
Location: Missoula County, Montana
Case Name and Docket Number: Cameron v. Mercer, 97-619

Sleepy Driver Liable for Victim’s Post-Concussion Syndrome

Type of Injury: head concussion and post- concussion syndrome
Type of Accident: Rear-end
Award/Settlement Amount: $36,848
Case Summary: Plaintiff and defendant were traveling on an interstate highway off-ramp at dusk. Defendant, who was operating a vehicle leased from co-defendant, fell asleep at the wheel and rear-ended plaintiff’s automobile. Plaintiff alleged that defendant acted recklessly in attempting to operate his vehicle after going a very long time without any sleep. Further, plaintiff claimed he suffered soft tissue neck injuries resulting in 2% permanent partial disability of cervical spine, head concussion and post- concussion syndrome. Plaintiff claimed $4,450 in medical specials and $7,458 in lost income. Defendant contended that the impact was minimal and that plaintiff was only entitled to $22,000 in damages to compensate her for her injuries. Jury returned a plaintiff verdict for $36,848 against both defendants.
Location: Cascade County, Montana
Case Name and Docket Number: Mizenko v. Brennan, ADV 06 1218 B

Partial Disability in Cervical Spine from Low-Impact Collision

Type of Injury: Injury to cervical spine in neck; increased foraminal narrowing; aggravation of preexisting asymptomatic arthritis
Type of Accident: Rear-end
Award/Settlement Amount: $39,450
Case Summary: Plaintiff was stopped in a line of traffic at a red light when defendant rear-ended his vehicle. Plaintiff allegedly struck his head on the windshield upon impact. Plaintiff alleged that: defendant was negligent in failing to stop within an assured clear distance ahead; he had no pre existing injuries; and he suffered an injury to his cervical spine, increased foraminal narrowing, and aggravation of preexisting asymptomatic arthritis as a direct result of the accident, resulting in 10% permanent partial disability of his cervical spine. Defendant contended that: he was stopped behind plaintiff’s vehicle; his foot came off the brake, causing his vehicle to roll slowly forward into plaintiff’s vehicle; and at least 50% of plaintiff’s injuries were pre-existing. Jury returned a plaintiff verdict, awarding him $39,450.
Location: Yellowstone County, Montana
Case Name and Docket Number: Sharp v.Thomas, DV 09-0684

Driver Hurt When School Bus was Rear-Ended by Pickup Truck

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $50,000
Case Summary: Plaintiff, who was operating a school bus, was stopped at a red light when defendant rear-ended his bus. Defendant was operating a pickup truck at the time of the accident. The bus sustained damage to the rear bumper and tailpipe and defendant’s vehicle sustained damage to the front end and hood. Plaintiff claimed that he suffered soft tissue neck and back injuries as a result of the collision, resulting in 5% permanent partial disability of the lumbar spine in addition to preexisting 15% disability of the lumbar spine. Defendant contended that: the impact was minimal; plaintiff was exaggerating the extent of his damages; and plaintiff over-treated. Jury awarded plaintiff $50,000: $18,500 economic damages and $31,500 non-economic damages.
Location: Flathead County, Montana
Case Name and Docket Number: Parish v. Morris, DA 11-0488

Defendant Blamed Plaintiff’s Injuries on Golfing

Type of Injury: Thoracic-lumbar sprain; soft tissue neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $78,922
Case Summary: Plaintiff was a passenger in a vehicle traveling in the center westbound lane. Defendant was driving in the left lane to the rear of the vehicle in which plaintiff was a passenger. Defendant changed lanes and rear-ended plaintiff’s vehicle. Defendant’s vehicle sustained no visible damage and the vehicle in which plaintiff was a passenger sustained $100 in damages. Plaintiff claimed she sustained thoracic-lumbar sprain resulting in degeneration and subluxation of the vertebra and soft tissue neck injuries. Plaintiff claimed $8,622 in medical specials and $300 in lost income. Defendant contended that plaintiff’s claim of injury was fabricated and that plaintiff’s injuries occurred six weeks post-accident while she was driving golf balls. Jury found for the plaintiff in the amount of $78,922.
Location: Yellowstone County, Montana
Case Name and Docket Number: Jackson, Jr. v. System Transport, Inc., 1:04cv88

Neck Injury Requiring Surgical Fusion

Type of Injury: Neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $83,500
Case Summary: Plaintiff was stopped at a stop sign waiting to make a left turn onto a heavily traveled road. Defendant rear-ended plaintiff’s stopped vehicle. Plaintiff alleged that defendant was negligent in failing to maintain a proper lookout ahead. Further, plaintiff claimed that she suffered neck injury requiring cervical fusion. She claimed $31,000 in medical specials and $10,000 in lost income. Defendant did not admit liability, but did not seriously contest it. Defendant contended that: he merely tapped plaintiff’s automobile; neither vehicle sustained property damage; and plaintiff was not severely injured in the collision. The jury returned a plaintiff verdict in the amount of $83,500.
Location: Flathead County, Montana
Case Name and Docket Number: Cross v. Warren, DA 17-0599

Severe Injury Case Examples

Victims in severe car accidents often sustain multiple injuries, such as complicated bone fractures, shoulder and hip damage, traumatic brain injuries, vision or hearing loss, and internal injuries.

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

Lumbar Disc Injuries Superimposed on Scoliosis

Type of Injury: Herniated/bulging lumbar (back) discs at L4-L5 and L5-S1
Type of Accident: Rear-end
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was stopped for traffic when defendant rear-ended plaintiff’s automobile, pushing it into the vehicle in front of her. Immediately following the collision, plaintiff experienced pain in her neck, back, and radiating down her right leg. She was diagnosed with lumbosacral strain and released from the hospital with instructions to follow-up with her physician. Plaintiff presented to a neurologist who advised her to use minor analgesics for relief of back pain. Fifteen months thereafter, plaintiff was diagnosed with both a herniated disc and a bulging disc at L4-L5 and L5-S1. Plaintiff alleged that her back problems were proximately related to the accident. Defendant contended that plaintiff’s back problems pre-dated the collision and that plaintiff’s condition was a strain syndrome superimposed on pre-existing scoliosis. Jury found for plaintiff, awarding her $100,000.
Location: Ravalli County, Montana
Case Name and Docket Number: White v. Murdock, 93-565

Jury Verdict for Shoulder, Leg, and Head Injuries

Type of Injury: Torn rotator cuff in left shoulder; soft tissue right leg and head injuries; cervical strain; and contusions
Type of Accident: Rear-end
Award/Settlement Amount: $101,945
Case Summary: Plaintiff was driving his vehicle. While stopped for a red light at an intersection, plaintiff’s vehicle was rear-ended by a vehicle driven by Defendant. Plaintiff alleged he suffered serious injuries including a torn rotator cuff in his left shoulder, soft tissue right leg and head injuries, cervical strain, and contusions from the collision. Defendant did not deny that he struck plaintiff’s vehicle, but disputed that he was negligent in doing so. He also disputed the extent of plaintiff’s injuries. A jury returned a verdict of $101,945 in favor of the plaintiff.
Location: Flathead County, Montana
Case Name and Docket Number: Rich v. Ellingson, DV-2006-233A

Passenger Injured in Head-On Crash Sues for Underinsured Coverage

Type of Injury: Back injury
Type of Accident: Head-on
Award/Settlement Amount: $107,258
Case Summary: Plaintiff was a passenger in a vehicle driven by his father. Defendant, who was heading in the opposite direction crossed the center line and struck plaintiff’s vehicle head-on. Plaintiff settled with the defendant driver for the policy limits of $20,000. Plaintiff then pursued this claim against the underinsured motorist carrier, Defendant 2. Plaintiff claimed he sustained a back injury which was thought to be a possible fracture. No surgery was performed and it was later determined not to have been a fracture. Defendant2 admitted liability but claimed that plaintiff’s pain and suffering was limited, noting that he did not suffer any permanent injury and had fully recovered. Jury awarded plaintiff $107,258 less previous settlement of $20,000 and a collateral source reduction for a net verdict of $ 81,000.
Location: Ravalli County, Montana
Case Name and Docket Number: Scarbrough v. Oliver, DV-04-249

Defendant Disputes Necessity of Chiropractic Treatment

Type of Injury: Neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $150,000
Case Summary: Plaintiff and defendant were operating their respective automobiles when the plaintiff was rear-ended by defendant. Plaintiff argued that the defendant failed to maintain proper control of her vehicle and that the impact resulted in plaintiff sustaining permanent neck and back injuries. Further, he will require future chiropractic treatment for an indefinite period of time. Defendant contended that: plaintiff’s injuries were exaggerated and the chiropractic treatments were not medically necessary; Plaintiff’s earning capacity as a computer technician was not impaired; and plaintiff’s medical ratings were not supported by any objective evidence. The jury awarded plaintiff $150,000 plus interest.
Location: Lewis and Clark County, Montana
Case Name and Docket Number: Cleveland v. Ward, CDV-2012-984

Multiple Head and Face Injuries, TMJ, Neck and Back Strain

Type of Injury: Fractured nose; deviated septum; closed head injury; soft tissue injuries of the mandible (jaw), cervical (neck) and thoracic (back) spine with radiculopathy; temporomandibular joint dysfunction (TMJ) and headaches
Type of Accident: Rear-end
Award/Settlement Amount: $160,000
Case Summary: Plaintiff stopped her automobile for traffic because a vehicle, two cars ahead of her was turning into a driveway. Defendant, who was operating a minivan behind plaintiff, rear-ended plaintiff’s vehicle. Plaintiff’s head snapped forward and her face hit the steering wheel. The impact forced plaintiff’s vehicle into the rear of the truck in front of her. Plaintiff claimed she suffered a fractured nose, deviated septum requiring rhinoplasty and septoplasty surgery, closed head injury, soft tissue injuries of the mandible (jaw) and cervical (neck) and thoracic (back) spine with radiculopathy, temporomandibular joint dysfunction (TMJ) and headaches as a direct result of this accident. Defendant contended that the accident happened suddenly. Also, the impact was minor and plaintiff therefore exaggerated the nature and extent of her injuries. The jury awarded plaintiff $ 160,000.
Location: Fergus County, Montana
Case Name and Docket Number: Murray v. Whitcraft, DV-10-95

Limited Range of Motion from Herniated Disc

Type of Injury: Herniated cervical disc at C4-C5 in neck
Type of Accident: Rear-end
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was stopped in her auto at a red light when defendant rear-ended her vehicle. Plaintiff alleged that she suffered a herniated cervical disc at C4-C5 in neck resulting in limitations in range of motion as a direct result of the accident. Plaintiff claimed $23,300 in medical specials. Defendant contended that: plaintiff’s vehicle sustained no property damage; and the impact was not of sufficient force to result in a herniated disc. The jury returned a verdict in favor of the plaintiff, awarding her $200,000 including $25,000 past medicals and $175,000 pain and suffering.
Location: Cascade County, Montana
Case Name and Docket Number: Anderson v. Eller, DDV-08-1307

Head-On Crash Victim Sues for Underinsured Coverage

Type of Injury: Grade III (severe) sprained ankle and chronic debilitating headaches
Type of Accident: Head-on
Award/Settlement Amount: $316,000
Case Summary: Plaintiff was driving with her 18 month old daughter as a passenger. She claimed a vehicle approached from the opposite direction, crossed the center line and struck her vehicle head-on. The tortfeasor settled plaintiff’s claim for his policy limits of $20,000 and plaintiff pursued underinsured motorist benefits from her insurance carrier, Defendant. Plaintiff’s baby was not injured in the collision. Plaintiff said she suffered Grade III (severe) sprained ankle and chronic debilitating headaches that occurred two to three times per week and required pain medication. Plaintiff claimed the headaches significantly diminished the quality of her life. Defendant admitted the tortfeasor was responsible for the accident, but argued that plaintiff recovered from her injuries and exaggerated the effects the headaches had on her life. The jury awarded plaintiff $316,000.
Location: Lewis and Clark County, Montana
Case Name and Docket Number: Delaney v. State Farm, DV-15-00317

Broken Neck Award Reduced for Shared Accident Fault

Type of Injury: Odontoid fracture of C6 and C7
Type of Accident: Side-impact
Award/Settlement Amount: $381,600
Case Summary: Plaintiff and Defendant were operating their respective vehicles in opposite directions on a busy city street. Plaintiff attempted to make a left turn into a post office parking lot and collided with Defendant’s vehicle. The front quarter panel of plaintiff’s car was struck by Defendant’s vehicle. Plaintiff alleged that defendant was negligent in the operation of his vehicle, resulting in this accident. Plaintiff claimed he suffered an odontoid fracture at C6 and C7. He spent six days in the hospital and 30 days in rehabilitation. He also had a halo stabilization device in place for 45 days. Defendant contended that plaintiff turned in front of his oncoming vehicle and was at fault for the accident. A jury awarded plaintiff $477,000, but the verdict was reduced by 20% comparative negligence.
Location: Phillips County, Montana
Case Name and Docket Number: Messerly v. Obie, DV-01-020

Plaintiff Left Head Injury from Hit and Run Accident

Type of Injury: Head injury resulting in permanent tinnitus.
Type of Accident: Side-impact
Award/Settlement Amount: $400,000
Case Summary: Plaintiff was driving his vehicle on a city street when he was struck by a vehicle driven by Defendant. After striking the side of plaintiff’s vehicle, defendant fled the scene of the accident, but was later apprehended. Plaintiff, a retired police officer, alleged defendant was negligent in failing to maintain proper control of the vehicle. He claimed that, as a result of the collision, he suffered head injury resulting in permanent tinnitus. Defendant conceded liability for the collision, but disputed the proximate cause of plaintiff’s tinnitus. Defendant argued that plaintiff’s condition was unrelated to the subject motor vehicle accident. A jury awarded plaintiff $ 400,000 after deliberating 4 hours.
Location: Cascade County, Montana
Case Name and Docket Number: Ele v. Ehnes, BDV-01-339

Victim Injured in Rear-End Crash by 16-Ton Tractor Trailer

Type of Injury: Herniated discs in the neck and back
Type of Accident: Rear-end
Award/Settlement Amount: $423,056
Case Summary: Plaintiff was driving when traffic slowed for a construction zone. His automobile was rear-ended by a 16-ton semi tractor-trailer driven by Defendant. Plaintiff’s vehicle was twice pushed into an auto in front of him as a result of the accident. Plaintiff claimed significant spinal herniations which required surgery and follow-up physical therapy. He was unable to return to work to the date of trial. Plaintiff sought $205,000 in medicals, $375,000 in future lost earnings, and $125,000 in past lost earnings. Defendant was driving a rig owned by a co-defendant. Defendants contended this was a minor accident and that plaintiff was exaggerating the extent of his injuries. The court determined that co-defendant was liable for damages of $423,056, but declined to award future lost earnings.
Location: Cascade County, Montana
Case Name and Docket Number: Yeager v. Morris, BCV-11-0694

Methodology

We analyzed a group of Montana lawsuits filed by plaintiffs injured in motor vehicle accidents. Plaintiffs include drivers and passengers. All plaintiffs in the group received a final payout.

The Award amount reflects the base payout paid to one individual after a reduction for shared fault, if applicable. Some plaintiffs received a court award in addition to insurance payouts.

Cases include collisions involving cars, trucks, and a school bus, and one involving a rear-end collision caused by a tractor-trailer.