Baytown Jury Awards $50,000 in UIM Rear-End Collision

On June 14, 2013, a rear-end collision occurred on Garth Road in Baytown when a pickup truck, in which the plaintiff was a passenger, was struck from behind while stopped at a red traffic signal. The plaintiff claimed to have sustained injuries to her back, head, and neck. The trailing motorist's insurer settled for an undisclosed amount, limited by a $30,000 policy.

Alleging that her accident-related damages exceeded this initial recovery, the plaintiff sued her insurer, Allstate Texas Lloyds Inc., a subsidiary of Allstate Insurance Co., seeking underinsured motorist benefits. The plaintiff contended the other driver was negligent in operating his vehicle. An investigating police officer identified following too closely and possible driver inattention as contributing factors for the trailing motorist, but also noted the plaintiff's vehicle stopped suddenly. The plaintiff asserted their vehicle made a normal stop several seconds before impact. Allstate argued the plaintiff's husband stopped suddenly, and his negligence alone caused the accident.

The plaintiff reported head, neck, back, and arm pain immediately after the incident, later claiming carpal tunnel syndrome in both wrists (diagnosed in 2014, attributed to bracing during impact), a cervical disc herniation, and lumbar sprains. She underwent physical therapy and an epidural injection, but her carpal tunnel symptoms reportedly persisted, with surgery recommended. Allstate disputed the accident caused the carpal tunnel syndrome, citing an eight-month gap in hand/wrist treatment and the absence of surgery.

A jury found the underlying tortfeasor liable and determined the plaintiff's total damages were $125,492.93. However, the plaintiff recovered $50,000, representing the limit of Allstate's underinsured motorist coverage.