Dallas County Jury Finds Shared Negligence, Awards $12,204 in Collision

On June 22, 2014, a two-vehicle collision occurred in south Dallas County, Texas, at the intersection of Lancaster Road and the Interstate 20 feeder road. A pickup truck, attempting a left turn, collided with a sedan traveling in the opposite direction. A 49-year-old collection agent, who was a back-seat passenger in the pickup truck, sustained neck and back injuries, including lumbar and cervical disc protrusions. She sought chiropractic care, underwent MRIs, and received cervical trigger point injections.

The injured passenger filed a lawsuit against both drivers involved in the collision. At trial, the plaintiff's attorney argued that the sedan driver's negligence, specifically running a red light, failing to yield the right of way, and failing to keep a proper lookout, was the sole cause of the accident. The pickup truck driver and an independent witness testified that the pickup truck had a green arrow. The investigating officer also stated that the sedan driver's failure to yield was the only contributing factor, a detail included in the police report. The sedan driver denied negligence, claiming a green light and attributing fault to the pickup truck driver for an unsafe left turn. The sedan driver's attorney noted their client was not interviewed by the officer at the scene due to a head injury.

The plaintiff sought $22,584 for past medical expenses, along with additional damages for past and future physical pain, mental anguish, and physical impairment, totaling $77,584. A chiropractor testified that the plaintiff's injuries and treatment were reasonable, necessary, and caused by the accident. The defense disputed the direct link between the accident and the plaintiff's disc issues, highlighting a time gap between initial chiropractic treatment and later medical imaging and injections. The defense proposed an award limited to the initial chiropractic bills, amounting to $7,204.

After a two-day trial, the jury deliberated for 1.5 hours before finding both drivers negligent. Each driver was assigned 50% comparative responsibility for the accident. The jury awarded the plaintiff $12,204, which included $7,204 for past medical costs and $5,000 for past physical pain. Based on the comparative fault finding, each defendant was liable for half of the award, totaling $6,102 per defendant. The final judgment, including taxable costs and prejudgment interest, amounted to $16,545.31.