Dallas County Jury Finds Split Liability in Pedestrian Crash, Awards $14,182
A person was walking in a store parking lot when they were struck by a car. The injured person claimed back and neck injuries. The driver was accused of speeding and not paying attention. The defense argued the injured person was also at fault for wearing dark clothing and not looking out for traffic.
Case Information Updated: October 2025
About Back Strain / Soft Tissue Injuries
Back strain and soft tissue injuries are among the most common injuries sustained in car accidents. These injuries affect muscles, tendons, and ligaments in the back, often resulting from the sudden impact forces experienced during a collision.
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $23,638
- County
- Dallas County, TX
- Resolved
- 2015
Injury & Accident Details
- Injury Type
- Back Strain / Soft Tissue
- Accident Type
- Pedestrian
- Case Type
- Strain, Cervical, Strain
Settlement Context
This verdict-plaintiff of $23,638 is near the median of $13,021 for back strain / soft tissue cases resolved by verdict-plaintiff. The typical range is $5,408 to $31,445, based on 800 cases in our database.
Case Overview
On December 2, 2012, a pedestrian was struck by a vehicle in a store parking lot on Interstate 35E in DeSoto, Texas. The plaintiff, who claimed back and neck injuries, alleged the defendant driver was negligent.
The plaintiff filed a lawsuit, asserting the defendant drove at an excessive speed for the dark conditions, failed to maintain a proper lookout, and caused the collision. The plaintiff claimed two lumbar herniations, cervical and lumbar strains, and sought $78,000 for past and future pain, suffering, physical impairment, and medical expenses, including recommendations for epidural steroid injections.
The defendant argued comparative liability, contending the parking lot owner failed to install sufficient lighting. The defense also maintained the plaintiff was comparatively negligent by wearing dark clothing and failing to keep a proper lookout in the dark lot. The defendant further disputed the plaintiff's injuries, noting emergency room X-rays did not diagnose specific trauma and questioning the necessity of physical therapy and the chiropractor's qualifications.
After a 13-hour trial and two hours of deliberation, the jury found the defendant 60 percent liable and the plaintiff 40 percent comparatively liable. The jury awarded the plaintiff $23,638 in damages, which was subsequently reduced to $14,182.80 to account for the plaintiff's assigned comparative negligence.
Understanding This Case
- The majority of soft tissue injuries resolve within 6-12 weeks with proper treatment. However, approximately 10-20% of cases may develop into chronic conditions requiring ongoing care.
- This case went to trial and resulted in a jury verdict. Verdicts can yield higher awards but carry the risk of receiving nothing if the jury rules against the plaintiff.
- This case was resolved in Dallas County, Texas. Local jury tendencies, judge assignments, and regional economic conditions all influence case outcomes in this jurisdiction.
- Resolved in 2015, this case reflects the legal and economic conditions of that period, including medical costs, insurance practices, and jury award trends at the time.
VerdictlyTM Score
This outcome is within expected ranges
This score is calculated by analyzing injury type, accident details, geographic location, temporal trends, and comparing against 2,000+ similar cases in our database.
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