Austin, Gregg County Rear-End Collision Settles for $10 Million

On January 6, 2014, a vehicle carrying two air-conditioner installers, later identified as plaintiffs, was rear-ended on State Highway 149 in Austin, Gregg County. A defendant driver, operating a truck, caused the collision, which resulted in the plaintiffs' vehicle striking two other cars. Both plaintiffs claimed back and neck injuries from the incident.

The plaintiffs filed a lawsuit against the defendant driver, alleging negligent vehicle operation. They also sued the driver's employer, claiming vicarious liability and direct negligence, specifically negligent entrustment of the vehicle and inadequate hiring, retention, and training. One plaintiff sustained cervical and lumbar sprains, experiencing numbness, and underwent extensive treatments including physical therapy, injections, a neurotomy, and a microdiscectomy. Medical bills for this plaintiff exceeded $518,000, with claims for significant future medical expenses and lost earning capacity. The other plaintiff suffered cervical and lumbar sprains, receiving physical therapy and epidural steroid injections, incurring nearly $17,000 in medical bills.

While the defense did not strongly dispute the defendant driver's negligence, it denied the employer's direct negligence. The defense argued the plaintiffs' injuries were minor, asserting the first plaintiff exaggerated symptoms and lacked objective findings, suggesting injuries stemmed from a subsequent accident. The first plaintiff countered that the subsequent accident only warranted an emergency room visit. The case settled for $10 million before trial. The first plaintiff received $9.5 million, and the second plaintiff received $500,000. The employer's insurance policy had a $5 million limit, with the employer self-insured for amounts above that.