Understanding Rear-End Collision Settlements
Because of this vast difference, car accident settlements and compensation for rear-end collisions vary significantly. Each settlement is based on unique factors, such as injuries sustained, the type of crash, and the damage to the vehicle. While this approach to compensation sounds fairly clear-cut, it is anything but.
One of the best ways to help you determine a fair settlement is by reviewing past cases. Look for similarities and see how the final judgment turned out. Remember that many conditions affect the compensation even if your case sounds exactly like another. However, understanding past judgments can help guide your actions and define realistic expectations.
Explore these real-life rear-end collision settlement examples to help you get the best settlement possible.
Factors Affecting Rear-End Collision Settlements
Rear-end collision settlements are largely based on the severity of your injuries and the vehicle’s condition. Medical bills, lost income, and pain and suffering are all considered in rear-end collision injury settlements. Understanding these factors can help you assess a fair value.
Factors that influence the final judgment include the following:
- Severity of Impact: Insurance adjusters usually question a low-impact accident that results in a high-dollar claim. However, even low-speed accidents can result in serious injuries. When unaware of an impending impact, a person’s body is thrown forward while the head is thrown back, resulting in a whiplash. This is the most common injury in rear-end collisions.
- Severity of Injuries and Medical Expenses: Other common injuries that affect rear-end collision settlements include traumatic brain damage, injuries to the head and face from airbag deployment, damage to the spinal cord, and back and neck pain. The injuries you sustain, their long-term effect, and the associated medical costs significantly influence the final judgment.
- Property Damage: This represents the damage to your vehicle and the repair costs.
Pain and Suffering: In addition to physical pain, you can experience emotional and mental distress that remains long after your body is healed. Some people have trouble sleeping and fear getting behind the wheel again. Others experience PTSD with symptoms that may include flashbacks, hyper-alertness, and emotional numbing. Anything that affects your quality of life should be considered. - Impact on Earnings and Lost Wages: If you’ve been injured in a manner that affects your ability to perform your job, you can expect it will impact future earnings. You should also include lost wages in your settlement if you had to take time off work due to your injury or other accident-related activities.
The following rear-end collision settlement examples demonstrate how these factors can affect the final judgment.
Low Settlement Examples: Minor Injuries and Property Damage
The average rear-end accident settlement for minor accidents in which there was little vehicle damage or personal injuries comes to about $2,200. If minor injuries are present, such as soft tissue damage, the average payout increases to about $9,000. As you can see, the injuries sustained in an accident play a significant role in the final judgment.
The following are two cases that occurred in Dallas County, Texas:
Case 1
Strachan v. Patel demonstrates the importance of getting medical treatments and addressing preexisting conditions.
Strachan, the plaintiff, was driving her vehicle when she came to a stop due to traffic. She was then rear-ended by the defendant, Patel, at moderate speed. She claimed that the accident aggravated an existing medical condition, a previous underlying low back injury.
Patel said she was distracted by police cars and their sirens when she rear-ended Strachan’s vehicle. She also claimed that Stachan’s injuries were preexisting and not caused by the impact of the accident. The jury returned a verdict in favor of the plaintiff for $6,500.
Case 2
The jury for Alfonzo v. Crosby considered lost wages and the inability to perform job functions when deciding on a verdict.
Alfonzo was driving in traffic when he slowed down due to the car in front of him. Crosby, the defendant, then rear-ended his vehicle. Alfonzo claimed the accident caused disabling back pain and that his injuries kept him from working as an aviation mechanic.
His doctor supported his claims, providing expert testimony. Crosby stated that the plaintiff contributed to the accident by failing to stay in his lane. He also claimed that the injuries sustained were soft tissue in nature. The jury returned a $12,000 verdict in favor of the plaintiff.
Mid-Range Settlement Examples: Moderate Injuries and Damages
The average payout for moderate injuries and damages is about $39,000. Of course, this varies significantly depending on the abovementioned factors.
Case 1
Hymon v. Sampson involved lost wages due to neck and back injuries.
Hymon, the plaintiff, slowed down due to heavy traffic. As you can see from these cases, that is common in rear-end collision settlement examples. The person behind him, Sampson, failed to stop and struck Hymon’s vehicle from the rear.
The plaintiff received chiropractic treatments for neck and back injuries. Though she had preexisting back problems, she believed she sustained new injuries as a cause of the accident. She also demonstrated that she lost wages due to the recovery time associated with her injuries.
The defendant believed the fee for lost wages was unreasonable and that the chiropractic treatments were excessive. The verdict was in favor of the plaintiff, and the jury awarded $35,000.
Case 2
Case 2 lies in between a moderate and severe injury settlement.
Ryan Murphy was driving a tractor-trailer at high speeds on a highway near Springfield, MA. Despite having 25 years of experience in the trucking industry, he encountered an unexpected traffic bottleneck and was unable to slow down in time to avoid a collision. He ran into the back of Randal Rhodes’s minivan.
The minivan was totaled, and Rhodes suffered from several injuries, including two broken ribs, a fractured collarbone, and a shattered ankle. The jury awarded Rhodes $345,000.
High Settlement Examples: Severe Injuries and Long-Term Impact
Rear-end collisions that result in catastrophic or severe injuries may average settlements ranging from about $500,000 to $4.5 million. The compensation depends greatly on the injuries sustained and the long-term consequences. Arrendondo v. Neely is a case that involved a rolled vehicle, leaving the plaintiff in extensive pain.
Neely was driving a tractor-trailer truck when he rear-ended a vehicle in which the plaintiff, Arrendondo, was a passenger. The vehicle rolled three times, and the driver and plaintiff were air-lifted to the nearest hospital. Arrendondo’s injuries consisted of closed-head trauma and a fractured knee.
She also admitted that she suffered from a prior brain injury due to a previous accident. While the defendant argued that Arrendondo’s condition was not significantly worse due to this accident, the jury returned a verdict in her favor. The final award was $7,953,000 plus interest for a total of $10,222,667.
Strategies for Maximizing Your Settlement
If you find yourself facing the aftermath of a car accident, there are strategies you can take to ensure a maximum rear-end collision settlement. After an accident, consider the following steps:
- Evaluate yourself and your passengers for any injuries.
- Obtain any possible evidence from the scene. This includes photos of the accident and any injuries, as well as statements from witnesses. It’s essential to have proof that the person who caused the accident was at fault.
- Get medical care even if you don’t think you’ve been injured. Doctors can perform exams that demonstrate soft tissue injuries, some of which don’t become apparent until days after the accident.
- Keep all of your records. These include the police report, medical treatments and billing, vehicle repair receipts, and letters from your employer confirming any lost wages or inability to perform your required tasks.
- Learn how to negotiate. Negotiating with insurance companies is part of any settlement. While some cases end up in court, most rear-end accident settlements are resolved out of court. Negotiate from a place of power by sticking to the facts, having evidence to pack up our claim, and knowing what constitutes a fair settlement. Remember, insurance companies almost always start the negotiations with a low-ball figure. Accepting the first offer rarely works in your favor.
- Hire a personal injury attorney. For complex cases involving injuries, lost wages, and long-term consequences, handing the reins off to a personal injury lawyer may be your best move. These lawyers are well-versed in the protocol, legal speak, and negotiating strategies of insurance companies. They understand the difference between a fair settlement and one that will leave you with more medical bills than you can cover.
Get The Car Accident Injury Compensation You Deserve!
Using Settlement Examples to Inform Your Case
It’s important to remember that you only get one shot at fair compensation in an accident case. Once you agree on a settlement, that’s it. In most cases, you can’t go back and seek additional compensation, even if your medical costs or lost income turn out much higher than expected.
Use these rear-end collision settlement examples as guidelines to help you understand your unique situation a little better. If you’ve decided to take on the insurance company or at-fault driver on your own, it’s essential to come equipped with a deep understanding of what’s involved.
If you feel overwhelmed or uncertain, turning to a lawyer for legal advice or having them take over the case may be in your best interest. Before deciding, remember that many attorneys offer free consultations. Taking advantage of this offer can help you determine if you need their support. Many personal injury lawyers also provide contingency fee arrangements, receiving payment as a percentage of the settlement.
