See actual payments made to rear-end accident victims in New York State. Look for personal injury cases similar to yours.

Nearly 42 percent of all motor vehicle crashes in the United States are rear-end collisions.¹

The average settlement for a moderate rear-end collision in New York is $41,588. Actual payout amounts ranged from $1,945 for minor soft-tissue injuries to $4,303,370 for disabling back injuries.

Average Payouts for New York Rear-End Collisions

We gathered and analyzed a sample group of injury lawsuits filed in New York courts arising from rear-end collisions.

Average Payout by Severity of Injury
Minor Injury	$6,631
Moderate Injury	$41,588
Severe Injury	$1,031,114
Payout Range by Type of Injury
Neck and Back Injuries	$1,945 - $4,303,370
Head Injuries	$65,000 - $1,376,660

Factors Affecting New York Rear-End Settlement Amounts

New York is a no-fault state. Most injury claims are covered by Personal Injury Protection (PIP) which will cover reasonable medical bills, 80 percent of your lost wages (up to $2,000 per month), and $25 per day for replacement services, like child care. You are entitled to PIP coverage regardless of fault for the crash.

Other factors that influence injury payouts in New York:

• No-Fault Limitations – You will not be able to ask for non-economic damages, like pain and suffering, unless your injuries are serious enough to exceed the no-fault threshold.
• Shared Fault – New York is a pure comparative fault state. Sharing fault for causing your injuries is not a bar to seeking compensation if your injuries fall outside the no-fault threshold. Your final payout will be reduced according to your portion of fault.
• Auto Policy Limits – New York requires all drivers to carry no less than $50,000 in Personal Injury Protection (PIP), $25,000 per person/$50,000 per accident for bodily injuries, and $10,000 for property damage.
• Uninsured/Underinsured – New York requires drivers to have uninsured motorist coverage equal to the liability limits of the policy.
• Punitive Damages – There are no caps to punitive damages in New York. However, only a court can award punitive damages based on a finding of the defendant’s “willful and wanton disregard” for the safety of others.
• Commercial Policies – Commercial liability policies insure most company work vehicles and trucks, like buses and tractor-trailers. Commercial insurance policies often have much higher coverage limits than personal auto policies.

Minor Injury Case Examples

Minor rear-end crash injuries are typically soft-tissue injuries like bruises and abrasions, and neck and back sprains that can result in several days of soreness and stiffness. Most victims fully recover within a few weeks and only miss a few days of work.

Plaintiff Declined Rear-End Crash Settlement Offer

Type of Injury: Shoulder injury-a torn rotator cuff; soft tissue right leg and head injuries; cervical strain; and contusions
Award/Settlement Amount: $1,945
Case Summary: Plaintiff stopped for a red light at an intersection and was rear-ended by Defendant. Plaintiff alleged defendant failed to stop in time to avoid this accident, was driving too close to the vehicle in front of him, failed to keep a proper lookout, and was traveling at an unreasonable rate of speed. Plaintiff claimed he sustained a torn rotator cuff; soft tissue right leg and head injuries; cervical strain; and contusions. 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. Jury returned a verdict of $ 1,945 in favor of the plaintiff, who had previously rejected a $20,000 offer of compromise.
Location: Suffolk County, New York
Case Name and Docket Number: Esposito v. Fitzgerald, 33542/2011

Low-Impact Rear-End Collision Damages Challenged

Type of Injury: Soft tissue neck and back injuries; and myofascial pain syndrome
Award/Settlement Amount: $2,835
Case Summary: Plaintiff came to a stop and was rear-ended by defendant. Plaintiff alleged that defendant failed to keep a proper lookout. Plaintiff also claimed to have sustained soft tissue neck and back injuries as a direct result of this accident. Plaintiff claimed medicals of $8,633. Defendant contended that plaintiff started into the intersection and then suddenly stopped again. Defendant also disputed that this minor impact could have caused the injuries claimed by plaintiff. Jury returned a $2,835 verdict for plaintiff.
Location: Ontario County, New York
Case Name and Docket Number: Tejerina v. Poncet, 0014011/2008; 14011/2008

At-Fault Rear-End Driver Disputes Injuries

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $4,398
Case Summary: Plaintiff, a martial arts instructor, came to a stop for a school bus and was rear-ended by defendant. Liability was admitted. Plaintiff alleged that he suffered permanent soft tissue neck and back injuries as a direct result of this accident. Defendant presented evidence of prior chiropractic treatment and asserted that plaintiff’s injuries were pre existing. Plaintiff, however, denied any prior injuries, claiming that he received previous chiropractic treatment for occupational daily maintenance. Jury awarded $4,398 to plaintiff.
Location: Nassau County, New York
Case Name and Docket Number: Colberg v. Yoldilla, 0020799/2015

Rear-End Crash Award for Aggravation of Pre-Existing Injury

Type of Injury: Soft tissue injuries to back and neck; aggravation of a pre existing back injury
Award/Settlement Amount: $5,000
Case Summary: Plaintiff and Defendant were driving their respective autos on a city street. Plaintiff stopped her vehicle at a red light and was struck from behind by defendant’s vehicle. Plaintiff alleged defendant was negligent in failing to maintain an assured clear distance ahead and keep a proper lookout. Plaintiff claimed she sustained soft tissue injuries to her back and neck and aggravation of a pre existing back injury caused by a prior auto accident. Defendant admitted liability, but disputed the extent of plaintiff’s injuries and damages. Jury returned a plaintiff verdict for $ 5,000. Per plaintiff’s counsel, the jury found plaintiff’s testimony credible even though she had sustained similar injuries in a prior accident.
Location: Bronx County, New York
Case Name and Docket Number: Dominguez v. Cruz-Jimenez, 26043/2016E

No Permanency from Rear-End Crash Injuries

Type of Injury: Soft tissue neck and back injuries with residual headaches
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 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. Jury determined that plaintiff’s damages as a result of this accident totaled $5,000.
Location: Nassau County, New York
Case Name and Docket Number: Murphy v. Nanni, 7056/2013

Victim Settles Rear-End Case Against Reckless Driver

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $6,000
Case Summary: Plaintiff and Defendant were operating their vehicles on the same roadway near its exit. Plaintiff stopped at the end of the ramp and was rear-ended by defendant’s vehicle. Plaintiff argued that defendant was reckless in failing to avoid rear-ending her vehicle. Plaintiff claimed significant soft tissue cervical and lumbar injuries with decreased mobility and loss of enjoyment of life. Defendant did not contest liability, but disputed the nature and severity of plaintiff’s bodily injury claims. Defendant contended that the impact was insufficient to have resulted in the injuries claimed and plaintiff exaggerated the severity of her injuries. Case settled for $6,000 prior to trial.
Location: Schoharie County, New York
Case Name and Docket Number: Russo v. McCollin, 09-38726

Pain and Suffering Award for Rear-End Crash

Type of Injury: Soft tissue neck and back injuries; and bilateral carpal tunnel syndrome
Award/Settlement Amount: $10,000
Case Summary: Plaintiff had stopped at the direction of a flag person in an area of road construction when his vehicle was struck in the rear by defendant. Defendants conceded liability after plaintiff’s case. Plaintiff suffered cervical and thoracic strains; and bilateral carpal tunnel syndrome. Plaintiff underwent physical therapy for 6 weeks. Defendants argued that the cervical and thoracic strains had resolved. Defendants noted that plaintiff’s physical therapy records indicated that plaintiff had been swimming for 4 hours in a single session. They further argued that any existing neck pain was due to the fact that plaintiff had broken his neck in a motorcycle accident at 15 and had a long history of neck pain for which he had taken time off from work in the past. Jury awarded plaintiff $10,000, all for past pain and suffering.
Location: Oswego County, New York
Case Name and Docket Number: Bozek v. Dziewit, 85-381

Rear-End Collision Shoulder and Knee Injuries

Type of Injury: Soft tissue injuries to left shoulder, and both knees
Award/Settlement Amount: $12,000
Case Summary: Plaintiff came to a stop at a stop sign and was rear-ended by defendant1. Plaintiff alleged that she suffered soft tissue injuries to left shoulder, and both knees as a direct result of this accident. Defendants admitted liability, but contended that plaintiff was not injured to the extent she claimed and disputed causation, noting that plaintiff had prior and subsequent accidents involving the same type of injury. Jury found for plaintiff in the amount of $12,000.
Location: Kings County, New York
Case Name and Docket Number: Abulawi v Dabri Trans Corp, 513631/2015

Rear-End Award Limited to Medical Expenses

Type of Injury: Soft tissue neck and back injuries; and myofascial pain syndrome
Award/Settlement Amount: $12,500
Case Summary: Plaintiff and defendant were operating their respective vehicles in the same direction on the same. Plaintiff came to a stop and was rear-ended by defendant. Defendant admitted liability. Plaintiff alleged that she suffered soft tissue neck and back injuries and myofascial pain syndrome requiring facet, epidural, and trigger point injections and resulting in a 5% permanent impairment of the neck and a 5% permanent impairment of the back. Plaintiff claimed $24,658 in past medical expenses and $800 in lost wages. Defendant contended that much of plaintiff’s treatment was unnecessary. Jury awarded $12,500 to plaintiff. The award was for medical expenses only. No damages for pain and suffering were awarded.
Location: Nassau County, New York
Case Name and Docket Number: Tomao v. Sanchez, 022389/2011; 22389/11

Moderate Injury Case Examples

Moderate rear-end crash injuries may include whiplash injuries, slipped or herniated discs, brain concussions, simple fractures, and extensive soft-tissue injuries. Victims may be left with some residual impairment and might be out of work for weeks or months.

Defendant Argues No Damage from Rear-End Collision

Type of Injury: Soft tissue cervical (neck) injury
Award/Settlement Amount: $15,000
Case Summary: Plaintiff stopped in a line of traffic and her automobile was rear-ended by a vehicle driven by Defendant. Plaintiff alleged the impact caused serious soft tissue cervical injury, which affected her to the date of trial. She presented evidence of injury through medical records and treatment. Defendant admitted she struck the rear of plaintiff’s vehicle, but maintained there was no property damage and plaintiff could not have been injured in this low speed accident. Jury returned a plaintiff verdict in the amount of $15,000.
Location: Bronx County, New York
Case Name and Docket Number: Harmon v. Qerimaj Limo Corporation, 0022121/2017

Two Drivers Liable for Rear-End Crash Injuries

Type of Injury: Soft tissue neck and back injuries; and a torn medial meniscus of the right knee
Award/Settlement Amount: $17,000
Case Summary: Plaintiff came to a stop in the left lane of travel on an Expressway near its exit when her vehicle was struck in the rear by defendant 1. She felt a second impact to the rear of her car immediately following the first impact, pushing her vehicle onto the concrete divider. Plaintiff suffered a torn medial meniscus of the right knee; and soft tissue cervical and lumbar injuries. Defendant1 contended that he was traveling behind Plaintiff’s vehicle when his car was struck in the rear, pushing it forward into the rear of Plaintiff’s car. Defendant 2, claimed that the accident had already occurred between Plaintiff’s vehicle and the defendant1’s vehicle. He claimed that he applied his brakes and just tapped defendant1’s vehicle. Jury apportioned liability: defendant1 35%; defendant2 65%. Jury also awarded $17,000 to plaintiff.
Location: Kings County, New York
Case Name and Docket Number: Gondry v. Steed, 14270/98

Victim Rear-Ended by Uninsured Motorist is Entitled to UM Limits

Type of Injury: Knee injury-a tear of the posterior horn of his right knee’s medial meniscus, and a sprain of the same knee’s medial retinacular ligament; Neck injury- herniations of his C2-3, C3-4, C4-5, C5-6, C6-7 disc: Back injury- herniations of his L1-2 intervertebral discs, and trauma that produced bulges of his L3-4, L4-5 and L5-S1 discs
Award/Settlement Amount: $25,000
Case Summary: Plaintiff, a taxi’s driver, stopped near an intersection to accept a fare. Before he could resume travel, his taxi was rear-ended by an uninsured motorist. Plaintiff sought compensation from his Insurance Company. Defendant insurance company accepted the claim, and the matter proceeded to an arbitration that addressed damages. Plaintiff claimed that he suffered injuries of his back, a knee and his neck. Defendant (his insurance company) contended that plaintiff did not suffer a serious injury. Defense expert opined that the injuries of plaintiff’s cervical region and right knee were degenerative conditions, not related to the accident. Arbitrator found that plaintiff suffered a medically determined, non permanent impairment. She determined that plaintiff was entitled to the entirety of his insurance’s coverage: $25,000.
Location: Kings County, New York
Case Name and Docket Number: Taylor v. American Transit, 01-16-0004-1139

Jury Award to Plaintiff Injured in Rear-End Accident

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $30,000
Case Summary: Plaintiff was slowing to make a right turn into a private driveway when defendant rear-ended her vehicle. Plaintiff’s vehicle sustained $2,000 in property damage. Plaintiff alleged that defendant was negligent in failing to keep a proper lookout and in failing to maintain an assured clear distance ahead. Plaintiff further alleged that she suffered soft tissue neck and back injuries as a direct result of the accident. Defendant admitted liability, but contended that plaintiff’s injuries were proximately related to a prior accident and that plaintiff was exaggerating the extent of her injuries. Jury returned a plaintiff verdict in the amount of $30,000.
Location: Kings County, New York
Case Name and Docket Number: Larson v. Whelan, 56930/12

Rear-End Verdict Includes Non-Economic Damages

Type of Injury: Soft tissue injuries to lumbar spine in back; Others-injuries to left shoulder, cervical spine and left elbow
Award/Settlement Amount: $30,225
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the eastbound lane of Street A. Plaintiff came to a stop in a line of traffic at an intersection and was rear-ended by defendant. Liability was not seriously contested. Plaintiff alleged that he suffered permanent injuries including left shoulder and soft tissue injuries to lumbar spine, cervical spine and left elbow as a result of this accident. Defendant contended that this was a low impact accident and plaintiff was not injured to the extent he claimed. Jury awarded plaintiff $30,225. The verdict included $25,000 for non-economic damages.
Location: Nassau County, New York
Case Name and Docket Number: DiBuono v. James, 1:08cv11019

Rear-End Award Offset by Payout from Other Sources

Type of Injury: Neck injury-soft tissue cervical strain
Award/Settlement Amount: $30,679
Case Summary: Plaintiff came to a stop and was waiting to make a left turn when she was rear-ended by defendant. Liability was admitted at trial. Plaintiff alleged that she suffered soft tissue cervical strain resulting in a 5% permanent impairment of the neck as a direct result of this accident. Defendant contended that plaintiff was not injured to the extent she claimed. Plaintiff was awarded $33,500 by a jury. The verdict was reduced to $20,000 due to a collateral source reduction. The total judgment, with costs, was $30,679.
Location: Kings County, New York
Case Name and Docket Number: Monsalve v. Newell, 10066/2014

Rear-End Victim’s Injury Treatment Challenged

Type of Injury: Soft tissue neck and back injuries; Post-traumatic headache disorder
Award/Settlement Amount: $35,000
Case Summary: Plaintiff was driving his pickup truck intending to make a left turn. As he waited for traffic to clear he was rear-ended by a vehicle driven by a defendant driver. Plaintiff alleged that he suffered continuing head, neck and back pain as a result of striking his head on the back window of the pickup truck located directly behind the seat. Defendant did not contest liability, but contended that plaintiff’s head pain was not in the same area where he struck his head in the accident and his headaches were therefore unrelated. Further, defendant asserted that plaintiff over-treated for his injuries, started treating with a chiropractor years after the accident and sought only two medical visits with a specialist for his headaches. Plaintiff was awarded $35,000 by a jury.
Location: Nassau County, New York
Case Name and Docket Number: Vasquez v. Lewis, 0023228/2016; 23228/16

Defendant Blames Wet Roads for Rear-End Crash

Type of Injury: Back injury-a herniated lumbar disc at L5-S1 with degeneration
Award/Settlement Amount: $35,000
Case Summary: Plaintiff claimed that she had stopped for a red light at an intersection and was stopped for 30-45 seconds before her vehicle was struck in the rear by defendant’s vehicle. Evidence indicated that it had rained on the date of the accident. Defendant testified that his vehicle skidded on the slick, wet road, and he was unable to stop in time. Plaintiff suffered a herniated lumbar disc at L5-S1 with degeneration. She underwent 18 months of physical therapy. Defendant disputed the existence of a herniation and argued that plaintiff suffered a small bulge, which was degenerative in nature and not causally related to the accident. Defendant contended that an MRI taken 11 months post-accident showed degenerative changes. Jury returned a plaintiff verdict for $35,000.
Location: Queens County, New York
Case Name and Docket Number: Dimeglio v. Giola, 37319

Trochlear Dysplasia Knee Injury from Rear-End Collision

Type of Injury: Knee injury-trochlear dysplasia
Award/Settlement Amount: $40,000
Case Summary: Plaintiff was driving her vehicle in the right lane of a major highway during a storm. The roadway was slick and slushy. Plaintiff was rear-ended by a vehicle driven by Defendant. The impact pushed plaintiff’s vehicle to the shoulder of the road. Defendant acknowledged striking plaintiff’s vehicle, but claimed she was first struck by a tractor-trailer, causing her to strike the rear of plaintiff’s vehicle. Defendant contended that the truck driver left the scene following the accident. Plaintiff claimed she struck her knee on the door or dashboard in the collision and suffered a trochlear knee injury, which would require future surgery. Defendant denied responsibility for causing this accident. Defendant also disputed the nature and extent of the injuries claimed by plaintiff. Jury awarded $40,000 to plaintiff.
Location: Kings County, New York
Case Name and Docket Number: Quinn v. Moss, 0027569/2013

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

Type of Injury: Knee injury requiring surgery; and soft tissue injuries to her cervical spine, lumbar spine and shoulders
Award/Settlement Amount: $40,923
Case Summary: Plaintiff stopped to make a left turn into a driveway and was rear-ended by defendant. Liability was admitted. Plaintiff alleged that she suffered permanent injuries to her knee requiring surgery; and soft tissue injuries to her cervical spine, lumbar spine and shoulders, as a direct result of this accident. Defendant disputed the extent of plaintiff’s injuries. Defendant argued that this was a minor impact collision and could not have resulted in any of the alleged injuries by plaintiff. Jury returned a $40,923 verdict for plaintiff. Breakdown: $35,000 for non-economic damages and $5,923 for medical expenses.
Location: Westchester County, New York
Case Name and Docket Number: Williams v. Chouchan, 0713192/2016

Rear-End Victim Awarded Pain and Suffering for PTSD

Type of Injury: Back injury-herniated lumbar disc at L4-5; Neck injury-bulging cervical discs from C-2 through C-7; and post-traumatic stress disorder
Award/Settlement Amount: $45,000
Case Summary: Plaintiff was struck in the rear by defendant’s vehicle. Summary judgment was granted on liability and this trial was on the issue of damages only. Plaintiff claimed she sustained herniated lumbar disc at L4-5; bulging cervical discs from C-2 through C-7; and post-traumatic stress disorder. Defendant denied that plaintiff sustained a serious injury from this accident, and argued that plaintiff’s injuries were pre-existing and were the result of the prior motor vehicle accident for which she was receiving disability payments. Defendant argued that plaintiff underwent a laminectomy at L4-5 and L5-S1 for injuries suffered as a result of the prior accident. Jury awarded plaintiff $45,000. Breakdown: $15,000 for past pain and suffering; $30,000 for future pain and suffering.
Location: Ulster County, New York
Case Name and Docket Number: Platel v. John Stern, 2383/96

Injured Passenger Settles Rear-End Accident Case

Type of Injury: Plaintiff 1: Back injury- lumbar-disc bulges; Others-a dislocation of his left (nondominant) elbow and a tear of one knee’s medial collateral ligament. Plaintiff 2: Ribs injury-fractures of three ribs; Others- back and neck injuries that led to radiculopathy.
Award/Settlement Amount: $45,000
Case Summary: Plaintiff 1 was a back-seat passenger in a car being operated by plaintiff 2. Defendant1’s westbound vehicle executed a U-turn and entered the immediate path of plaintiffs’ vehicle. Plaintiff 2 applied her car’s brakes, and her car stopped abruptly. She avoided a collision, but her vehicle was subsequently struck from behind by defendant2’s vehicle. Plaintiffs’ vehicle was propelled forward, veered left and right, mounted the sidewalk, and struck a brick wall. Plaintiff1 sustained back, elbow and knee injuries. Plaintiff2 sustained arm, back, neck and rib injuries. Defendants contended that plaintiff2’s abrupt stop caused the collision. Jury rendered a plaintiffs’ verdict. Defendant1 was assigned 90% liability, and defendant2 was assigned 10% liability. Prior to the scheduled start of the trial’s damages phase, the parties agreed to a $90,000 settlement.
Location: Kings County, New York
Case Name and Docket Number: Coates v. Glover, 51433/02; 35023/03

Victim Settles Three-Vehicle Rear-End Crash Case

Type of Injury: back injury-bulging lumbar discs at L4-5, L5-S1 with encroachment; and temporomandibular joint dysfunction, requiring surgery
Award/Settlement Amount: $65,000
Case Summary: Plaintiff was traveling southbound in the middle lane when her vehicle was struck in the rear by a car driven by defendant 1. Plaintiff suffered bulging lumbar discs at L4-5, L5-S1 with encroachment; and temporomandibular joint dysfunction, requiring surgery. Defendant1 argued that plaintiff came to an abrupt stop, that she stopped 1.5 feet from the rear of plaintiff’s car, and that her vehicle was then struck by the defendant2’s vehicle and pushed into plaintiff’s vehicle. Defendant2 testified that he struck defendant1’s vehicle in the rear after it cut him off. The investigating police officer testified that plaintiff’s and defendant1’s vehicles were stopped when defendant2 struck defendant1 in the rear. Jury determined that defendant1 was 40% negligent while defendant2 was 60% negligent. After the liability verdict, the case then settled for $65,000.
Location: Bronx County, New York
Case Name and Docket Number: Clark v. Doyle, 18711/98

Defendant Disputes Force of Rear-End Crash Impact

Type of Injury: Soft tissue knees injury; Back injury-exacerbation of a pre existing lumbar disc herniation
Award/Settlement Amount: $75,000
Case Summary: Plaintiff came to a stop and was subsequently rear-ended by defendant. Plaintiff claimed that she injured her knees and exacerbated a pre-existing lumbar disc herniation which resulted in permanent impairments. (Prior to the accident, plaintiff had already scheduled a lumbar fusion surgery for the month after the accident.) Defendant contended that she rolled into the plaintiff at five miles per hour after stopping and then taking her foot off of her brake and that this was a minor impact soft tissue case. Defendant also asserted that plaintiff had not injured her knee and did not have an additional 10% impairment of the back. Plaintiff returned a plaintiff verdict, awarding her $75,000 in damages.
Location: Bronx County, New York
Case Name and Docket Number: Pottetti v. Frassetti, 007967/2015; 7967/15

Rear-End Case Settles After Discovery Completed

Type of Injury: Right knee injuries; lumbar injuries aggravating pre-existing asymptomatic degenerative disc disease at L4-5 and L5-S1
Award/Settlement Amount: $95,000
Case Summary: Plaintiff was stopped in traffic when his vehicle was struck in the rear by defendant’s vehicle. Defendants conceded liability. Plaintiff suffered right knee injuries requiring an arthroplasty; lumbar injuries aggravating pre-existing asymptomatic degenerative disc disease and requiring lumbar fusion surgery at L4-5 and L5-S1. Plaintiff claimed that the knee continues to give him pain and that he cannot kneel or squat and that he needs a cane to ambulate. He also claimed that he continues to have severe low back pain and right radiculopathy and numbness into the lower extremity. This case settled for $95,000 after discovery was completed.
Location: Schoharie County, New York
Case Name and Docket Number: Pellett v. Strange, 1321/01

Severe Injury Case Examples

Rear-end crash injuries can be severe, especially when the at-fault driver was speeding or operating a much larger and heavier vehicle. Severe injuries include multiple serious disc herniations, vertebrae fractures, spinal cord injuries, traumatic brain injuries, and more.

Severely injured victims often sustain more than one kind of injury and may be out of work for months. Many are left with permanent disabilities that prevent them from resuming their pre-accident employment and activities.

Plaintiff Injured in Rear-End Collision with Ambulance

Type of Injury: Back injury-herniated lumbar disc at L5-S1
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was traveling at 50 mph on a parkway at 3 AM when her vehicle was struck in the rear by defendant’s ambulance, which had been traveling behind her with its siren and lights fully operational. Plaintiff suffered herniated lumbar disc at L5-S1. Defendant waived liability during jury selection. Defendant argued that plaintiff had suffered a prior injury in a motor vehicle accident. Defendant contended that the prior accident was severe, as both vehicles were substantially damaged, unlike the instant accident. Defendant also noted that plaintiff injured her right foot two years prior, when a door fell on it. Defendant’s experts testified that all of the above injuries were the cause of plaintiff’s disability, and that any problems at the L5-S1 level were age related. Jury awarded $325,000 to plaintiff. The case subsequently settled for $200,000.
Location: Queens County, New York
Case Name and Docket Number: Eugene v. Hunter Lawrence Respiratory, Inc., 21205/98

Displaced Nose Fracture from Rear-End Crash

Type of Injury: Nose injury-a displaced fracture of the nose; Back injury-herniated lumbar discs at L3-4, L4-5, and L5-S1
Award/Settlement Amount: $225,000
Case Summary: Plaintiff was stopped for a red light, when his vehicle was struck in the rear by defendant’s vehicle. Plaintiff was granted summary judgment on the issue of liability, and the trial proceeded on the issue of damages. Plaintiff suffered a displaced fracture of the nose; herniated lumbar discs at L3-4, L4-5, and L5-S1. Plaintiff received emergency treatment for the fractured nose. He underwent three surgeries for the nose, including one for a deviated septum. He claimed that he still suffers from nasal valve incompetence and faces future nasal surgery. He received physical therapy for the herniations. He has also received two epidural nerve blocks. Defendant contended that it was a light impact collision. He also contended that the injuries complained of could be attributed to a subsequent accident. Jury awarded plaintiff $225,000.
Location: Nassau County, New York
Case Name and Docket Number: Arana v. Bronte, 5558/00

Minivan Driver Liable for Rear-End Crash Injuries

Type of Injury: Head injury-closed head injury, fractured nose, and deviated septum; others- soft tissue injuries of the mandible (jaw) and cervical (neck) and thoracic (back) spine with radiculopathy, temporomandibular joint dysfunction (TMJ) and headaches
Award/Settlement Amount: $300,000
Case Summary: 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 suffered significant injuries, including a fractured nose, deviated septum requiring rhinoplasty and septoplasty surgery, and a closed head injury. Plaintiff’s injuries resulted in a distorted nose, a 15% permanent partial disability of the cervical spine and limited range of motion of the neck and mouth. Defendant contended that the accident happened suddenly. Also, the impact was minor and plaintiff therefore exaggerated the nature and extent of her injuries. Case settled for $300,000 prior to trial.
Location: Kings County, New York
Case Name and Docket Number: Levan v. Vagnini, 0002782/2014

Dump Truck Driver Rear-Ends Taxi, Injures Passenger

Type of Injury: Neck injury-herniated cervical disc at C4-5 with spinal cord compression; myofascial pain syndrome
Award/Settlement Amount: $400,000
Case Summary: Plaintiff was a passenger in a cab that was traveling near an intersection. The cab was struck from behind by defendant 1, who was operating a dump truck owned by defendant 2. Defendant1 had been backing up after entering a one-way street. Liability was conceded by defendants, and the trial proceeded on the issue of damages. Plaintiff suffered herniated cervical disc at C4-5 with spinal cord compression; and myofascial pain syndrome. She required trigger point injections two to three times per week. Defendants introduced photographs that showed minimal damage to the cab, and contended that plaintiff’s own vehicle showed heavy damage from a prior motor vehicle accident, for which she had never made a claim. Jury returned a plaintiff verdict for $400,000.
Location: Westchester County, New York
Case Name and Docket Number: LeBlanc v. City of Mt. Vernon, 04643/97

Judge Directs Verdict in Rear-End Crash Victim’s Favor

Type of Injury: Back injury-aggravation of his pre-existing back condition resulting in a herniated lumbar disc at L5-S1 with compression on the thecal sac and listhesis movement of vertebra at S-1 under L-5
Award/Settlement Amount: $550,000
Case Summary: Plaintiff’s vehicle was struck in the rear by a vehicle driven by defendant, while he was stopped for a light at an intersection. Defendant driver contended that plaintiff stopped for a vehicle that had cut him off, and that the light was green. Plaintiff had a pre-existing lumbar herniation at L4-5 from a prior motor vehicle accident, and had undergone laser discectomy surgery at L4-5. He claimed that he suffered an aggravation of his pre-existing back condition resulting in a herniated lumbar disc at L5-S1 with compression on the thecal sac and listhesis movement of vertebra at S-1 under L-5. Defendants disputed causation of plaintiff’s injuries and argued that they were all pre-existing and were not substantially aggravated by the instant accident. After the liability verdict, the judge directed a verdict in plaintiff’s favor, awarding him $550,000.
Location: Nassau County, New York
Case Name and Docket Number: Tricarico v. Wheels, Inc., 4569/99

Verdict for Rear-End Victim’s Pain and Suffering

Type of Injury: Back injury- bulging lumbar disc at L5-S1
Award/Settlement Amount: $1,025,000
Case Summary: Plaintiff was operating his car at an intersection when his vehicle was hit in the rear by a vehicle owned by defendant 1 and driven by defendant 2. Plaintiff’s motion for summary judgment on liability was denied by the trial court, but granted by the Appellate Division. This trial was on damages only. Plaintiff sustained a bulging lumbar disc at L5-S1. Plaintiff visited Europe, where she did a lot of walking, and she returned with severe radiating pain in her right leg. After testing and medication, she underwent a fusion at L5-S1. Defendants denied causation, arguing that plaintiff did not undergo any treatment for 1.5 years between the accident and the fusion surgery. Jury returned a plaintiff verdict for $1,025,000. Breakdown: $200,000 for past pain and suffering; $825,000 for future pain and suffering.
Location: Kings County, New York
Case Name and Docket Number: Lifshits v. Variety Poly Bags, 45256/99

Tractor-Trailer Rear-Ends Car, Victim Wins Punitive Damages

Type of Injury: Head injury-Mild traumatic brain injury, head concussion, migraine headaches and memory lapses
Award/Settlement Amount: $1,376,660
Case Summary: Plaintiff was a passenger in a vehicle that was stopped in traffic due to construction ahead. A tractor-trailer operated by Defendant 1 and owned by Defendant 2 rear-ended the vehicle behind plaintiff, forcing it into plaintiff’s vehicle. Plaintiff alleged that: defendant driver was negligent and reckless in failing to stop within an assured clear distance head; and she suffered a mild traumatic brain injury, head concussion, migraine headaches and memory lapses as a direct result of the accident, resulting in decreased earning capacity. Defendants admitted that defendant driver was negligent, but contended that defendant driver was not reckless and that plaintiff’s injuries had fully resolved. Jury found in favor of plaintiff in the amount of $1,376,660. Breakdown: $1,010,000 compensatory damages and $366,660 punitive damages.
Location: Nassau County, New York
Case Name and Docket Number: Kelly, IV v. Seeley, 60414/2012

Van Driver At-Fault for Rear End Crash, Liable for Plaintiff’s Injuries

Type of Injury: Back injury-bulging lumbar discs at L4-L5 and L5-S1, and that the discs were impinging on the subarachnoid space
Award/Settlement Amount: $4,303,370
Case Summary: Plaintiff was stopped for a red light when a van owned by defendant and operated by one of its employees, skidded into the back of plaintiff’s vehicle. Plaintiff was granted summary judgment on liability before this trial, which only concerned the issue of damages. Plaintiff claimed that she suffered bulging lumbar discs at L4-L5 and L5-S1. This was confirmed by MRI. She also claimed cervical internal derangement with loss of disc height. Plaintiff wore a neck collar for six months. Her expert testified that she had a 50% loss of range of motion in her neck and back. The defendant’s expert testified that plaintiff sustained soft-tissue injuries only, which had subsequently resolved. He testified that her present injuries were unrelated to this auto accident. Jury sided with plaintiff, awarding her damages totaling $4,303,370.
Location: Kings County, New York
Case Name and Docket Number: Hodge v. Service Direction, Inc, 1892/00

Methodology

We researched and analyzed a group of real New York personal injury lawsuits resulting from rear-end collisions. Many cases settled out of court, while some went to trial and won a monetary award.

Award/Settlement amounts reflect the net payout in cases where the plaintiff was found to share fault with the defendant.

Averages were calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group.