Arlington Jury Finds Negligence, Awards $23,887 in Rear-End Collision

On May 27, 2012, a rear-end collision occurred on an entrance ramp in the 2200 block of South Watson Road in Arlington, Texas. The plaintiff driver, operating a 2005 Honda Accord, had stopped on the ramp to merge onto East Pioneer Parkway when their vehicle was struck from behind by a 2004 Chevrolet Impala driven by an uninsured defendant. A police report identified following too closely as a contributing factor in the incident. The plaintiff driver and their passenger claimed various injuries, including herniated discs and sprains, and sought uninsured motorist benefits from their insurer.

The plaintiffs sued the uninsured defendant for negligence, alleging failure to maintain a proper lookout, follow at a safe distance, control speed, and avoid the collision. They also sued their insurer, Allstate Texas Lloyd's Inc., for uninsured motorist benefits. The plaintiff driver stated she had stopped on the ramp to wait for a break in traffic. The uninsured defendant did not appear in court. The insurer denied that the uninsured defendant was negligent, arguing that there was no traffic on East Pioneer Parkway and that the plaintiff driver braked without cause. The insurer also contended that the impact was minor and could not have caused the claimed injuries.

Both plaintiffs underwent chiropractic and medical treatment for several months. The defense presented expert testimony from a chiropractor who disputed the credibility of the plaintiff driver's injuries and questioned the necessity, duration, and billing of the treatments, suggesting pre-existing conditions. The expert similarly opined that the passenger's complaints were subjective and linked to pre-existing degenerative disc disease. Before trial, the insurer settled the chiropractor's bills for a reduced amount, which prevented the plaintiffs from introducing those specific bills as evidence. The plaintiffs sought damages for past medical bills, lost earnings, and pain and suffering.

A jury found the uninsured defendant negligent and awarded the plaintiffs a total of $24,762.74 in damages for past medical costs, lost earnings, and pain and suffering. After accounting for prejudgment interest, taxable costs, and an offset for previously paid personal injury protection benefits, the final judgment totaled $23,887.03. The jury's award, while finding negligence, was less than the total damages the plaintiffs had sought.