Texas Jury Awards $75,470.45 in UM/UIM Insurance Dispute

On May 25, 2016, a multi-vehicle collision occurred when a driver, later identified as the first defendant, struck a vehicle operated by a second defendant. That vehicle then struck a third vehicle, operated by the plaintiff.

The plaintiff filed a lawsuit on November 13, 2017, alleging that both initial defendants operated their vehicles negligently, including following too closely and failing to maintain control. The plaintiff claimed to have suffered physical and mental pain, loss of enjoyment of life, loss of earnings, and medical expenses. The first defendant had received traffic citations related to the incident and later pled guilty to some charges, which formed the basis for a negligence per se claim. The second defendant denied liability, asserting that no action or omission on their part caused the accident. An automobile insurance company was also named as a defendant under uninsured/underinsured motorist coverage.

The court entered a default judgment against the first defendant on February 5, 2019. The plaintiff subsequently dismissed the second defendant with prejudice and also dismissed other unnamed parties. The case proceeded to trial against the insurance company. On March 11, 2020, a jury found in favor of the plaintiff. The court entered judgment against the insurance company the following day for $75,470.45, consisting of general damages and court costs. This judgment represented the uninsured/underinsured motorist coverage the company was obligated to provide to the plaintiff following the accident.