Allen Texas Jury Finds Negligence in Rear-End Collision, Awards $9,760

On August 2, 2016, the plaintiff was involved in a rear-end collision on McDermott Road near the North Central Expressway frontage road in Allen, Texas. The plaintiff's vehicle was stopped at a red light when the signal turned green. According to the plaintiff, she paused to yield to another driver before proceeding, at which point her car was struck from behind by a sport utility vehicle driven by the defendant. The plaintiff reported suffering back and neck injuries from the impact.

The plaintiff subsequently sued the defendant, alleging negligent operation of the vehicle. She claimed lumbar disc herniations and cervical disc bulges, along with radiating pain. The plaintiff sought compensation for past medical expenses totaling $9,759.58, $4,000 for past pain and suffering, and $4,500 for past physical impairment. The defense countered that the plaintiff had initially started to move forward when the light changed, causing the defendant to release the brake, but then stopped abruptly, making the collision unavoidable.

Evidence presented during the two-day trial included photos showing minimal damage to the vehicles. An MRI report from September 2016 indicated disc bulges and herniations in the plaintiff's lumbar spine. The plaintiff's chiropractor testified that even a minor impact could cause the claimed injuries. The defense highlighted the minimal vehicle damage and referenced records mentioning a prior accident involving the plaintiff in 2009, which the treating chiropractor was unaware of. The plaintiff admitted to later accidents but denied sustaining injuries in them.

After four hours of deliberation, a jury found the defendant negligent. The jury awarded the plaintiff $9,759.58, specifically for past medical expenses. The verdict was reached with a 10-2 vote. Jurors who signed the verdict stated that while they acknowledged the minimal vehicle damage, they found no other factors, such as treatment gaps or the absence of a letter of protection, to justify denying the claimed medical expenses. Two jurors had sought to award no damages.