Dallas County Jury Awards $204,235 in Rear-End Collision

On May 2, 2016, a photographer was a passenger in a sedan that was rear-ended while stopped at a red light in Dallas County, Texas. The passenger sustained neck and back injuries, claiming herniations of multiple intervertebral discs.

The injured passenger, as plaintiff, sued the driver of the striking vehicle, alleging negligence, including failing to control speed. The other individual involved in the collision, the driver of the sedan, settled with the defendant prior to trial for an undisclosed amount. The judge granted a directed verdict on liability for the plaintiff, finding that the plaintiff's vehicle was stopped at a red light when it was rear-ended and the defense had asserted no affirmative defenses.

During the damages phase, the plaintiff presented evidence of physical therapy and chiropractic treatment. The plaintiff’s retained life care planning expert estimated future medical care at $88,000 to $141,000. The plaintiff also claimed ongoing chronic pain and difficulties with marital intimacy and family planning due to the injuries. The defense disputed the causation and extent of the injuries, highlighting minimal vehicle damage, a 3.5-year gap in treatment before trial, and a treating chiropractor’s lower estimate of $9,400 for future care. The judge excluded photos of the vehicles offered by the defense due to a lack of expert testimony.

Following a two-day trial, a Dallas County jury deliberated for 3.5 hours. The jury awarded the plaintiff $204,235. The award included $16,235 for past medical costs, $88,000 for future medical costs, $6,000 for past physical impairment, $44,000 for future physical impairment, $6,000 for past physical pain, and $44,000 for future physical pain.