Conroe Judge Awards $1,738,322 in Fatal Pedestrian Accident

A 27-year-old pedestrian sustained fatal injuries after being struck by a vehicle operated by a restaurant employee in Conroe, Texas. The incident occurred after dark as the pedestrian attempted to cross a multi-lane roadway near his residence. The pedestrian was rendered unconscious from massive blunt force trauma and died two days later. The plaintiff, representing the decedent's estate, subsequently filed a motor vehicle negligence lawsuit against the driver and the driver's employer. Prior to trial, the driver settled his personal liability for $30,000, and the case proceeded against the restaurant defendant.

The plaintiff alleged the defendant driver was traveling on the shoulder of the road without activated headlights. Surveillance footage from a nearby gas station captured the incident. The plaintiff argued that the footage, though dark, showed the decedent carrying a white plastic bag visible until the moment of impact, and no headlights were discernible from the striking vehicle. The plaintiff further contended that the driver's credibility was suspect, noting the driver's blood test revealed THC and inconsistent testimony regarding marijuana use. Additionally, the plaintiff asserted the restaurant negligently hired and failed to adequately train the driver.

The defendant driver denied traveling on the shoulder or operating the vehicle without headlights. The restaurant defendant maintained that the plaintiff's claims for lost earning capacity, estimated at approximately $760,000, were unduly speculative, despite testimony that the decedent was pursuing an associate's degree. The decedent had spina bifida, but his mother testified he could walk at a normal pace. The case was tried before the court under COVID-19 protocols. The court found in favor of the plaintiff and entered a final judgment, awarding $1,738,322. The outcome indicated the court accepted the plaintiff's presentation of the incident's circumstances and the defendant's liability.