Texas Jury Awards $21,000 in Motor Vehicle Negligence

A collision occurred on Benton Boulevard on November 24, 2015. The plaintiff, operating a motor vehicle southbound, was involved in the incident when a defendant driver, attempting to pass another vehicle, claimed the third-party driver was interfering with him, causing his vehicle to leave its lane. The plaintiff alleged he was not negligent and that the combined negligence of the defendant driver and the unidentified third party proximately caused the collision and his injuries. In November 2017, the plaintiff filed a complaint seeking compensation for damages, attorney's fees, and litigation costs, naming the defendant driver and his own uninsured/underinsured motorist insurance carrier as defendants.

The defendant driver denied negligence, asserting the collision resulted from the unidentified third party's actions over which he had no control. The plaintiff's insurance carrier presented several defenses, including that the complaint failed to state a claim, that no uninsured or underinsured motorist situation existed as defined by statute, and that the plaintiff was not entitled to punitive damages or attorney's fees.

The case proceeded to a jury trial in February 2019. The jury returned a verdict in favor of the plaintiff, apportioning 30% of the fault to the defendant driver and 70% to the unidentified third-party driver. The total verdict amount was $30,000, with a judgment of $21,000 entered against the plaintiff's uninsured/underinsured motorist insurance carrier.