Dallas County Jury Awards $11,724 in Rear-End Collision

On July 11, 2011, a rear-end collision occurred on the Dallas North Tollway in Dallas County during rush hour traffic. The plaintiff, a 60-year-old merchandiser, was driving a 2010 Ford Edge when the defendant, driving a 2011 Toyota Camry, struck the rear of the plaintiff's vehicle. No police report was filed following the incident. The plaintiff subsequently filed a lawsuit, alleging the defendant was negligent by failing to keep a proper lookout, driving too fast, failing to maintain an assured clear distance, and failing to take proper evasive action. The plaintiff also claimed to have seen the defendant looking down before the impact.

The defendant denied negligence, asserting that the plaintiff came to a sudden stop and that she was unable to avoid the accident. The defendant also denied looking down prior to the collision. The plaintiff claimed lower back sprains and strains from the accident, seeking chiropractic treatment 27 times over several months. While X-rays and MRIs were largely negative, the plaintiff reported ongoing pain, difficulty with daily activities, and an inability to perform hobbies. Medical bills totaled $11,599, and the plaintiff sought additional damages for past and future physical pain, mental anguish, and physical impairment. The defense contended that any injuries were pre-existing, citing a 2001 on-the-job back injury and a subsequent on-the-job back injury after the collision with the defendant. The defense also argued the impact was minor, noting vehicle repairs cost approximately $1,600 and no ambulance responded to the scene.

After a one-day trial and 30 minutes of jury deliberation, the jury found the defendant negligent. The jury awarded the plaintiff $11,724. This total included $7,724 for past medical costs, $2,000 for past physical impairment, and $2,000 for past physical pain and mental anguish.