Victoria Jury Awards $160,000 in Negligent Rear-End Collision

A driver sustained back and neck injuries following a rear-end collision in Victoria on September 28, 2019. The plaintiff's vehicle was struck from behind by a sport utility vehicle, driven by the defendant, while executing a right turn. The plaintiff subsequently sued the defendant, alleging negligent operation of a vehicle. A judge directed a verdict, finding the defendant fully liable for the collision.

The case then proceeded to a trial on damages. The plaintiff claimed to have suffered sprains and strains in the cervical and lumbar regions, along with spinal-joint dysfunction, after the incident. Treatment initially involved a hospital visit, followed by chiropractic care for several months, with a later brief resumption of treatment. A chiropractic expert testified that the plaintiff could expect further pain requiring future surgery and injections. The plaintiff sought to recover $244,000 for past and future medical expenses, lost earning capacity, physical pain and mental anguish, and physical impairment.

The defense contended that the accident was a minor collision incapable of causing the claimed injuries. The defense highlighted that the plaintiff's initial complaints and diagnoses were limited to the neck until chiropractic treatment began, and that the plaintiff did not pursue an evaluation by an orthopedic surgeon. The defense also pointed to a gap in treatment and argued the plaintiff was exaggerating the complaints, suggesting an award of $18,000 if damages were to be granted.

After a two-day trial, a jury deliberated for three hours before returning a verdict. The jury determined the plaintiff's total damages to be $160,000. This award included compensation for past medical costs, future medical costs, past physical impairment, future physical impairment, past physical pain and mental anguish, future physical pain and mental anguish, and past loss of earning capacity.