Corpus Christi Jury Awards $33,800 in Lane Change Collision

On October 8, 2014, a collision occurred north of Corpus Christi when a defendant driver, operating a company pickup truck, changed lanes and struck the plaintiff's SUV. The plaintiff, a welder, claimed to have sustained back injuries and later developed neck, shoulder, and back pain, diagnosed with multiple disc protrusions and degenerative changes. The plaintiff sued the defendant driver and his company, alleging negligence for unsafe lane changes, failure to maintain a single lane, and failure to keep a proper lookout. The plaintiff also claimed the company was negligent and grossly negligent for failing to adequately train its drivers, citing a prior fatal accident involving a company vehicle.

During the trial, the plaintiff's transportation safety expert testified that the defendant company was grossly negligent for not implementing a written driver safety program. The plaintiff's treating surgeon opined that surgical hardware would need removal due to loosening, and a vocational expert testified that the plaintiff's injuries prevented him from continuing work as a welder, restricting him to sedentary tasks. The defendant driver testified he changed lanes to avoid an obstruction and looked before moving, seeing no vehicles. Defense counsel argued the plaintiff was speeding and requested the jury find both drivers equally responsible and reject gross negligence. Defense experts challenged the injury claims, with a biomechanics expert stating the impact was too minor to cause the alleged injuries and a neurosurgery expert opining that surgery was not medically necessary.

A jury found the defendant driver 65 percent responsible for the collision and the plaintiff 35 percent responsible. The jury awarded the plaintiff $52,000. After the reduction for comparative negligence, the plaintiff's recovery amounted to $33,800.