Dallas Jury Awards $64,579 in Comparative Negligence Car Crash

In June 2018, a collision occurred in Dallas between a vehicle driven by a plaintiff, accompanied by a passenger plaintiff, and a vehicle operated by the defendant. The plaintiffs' vehicle struck the defendant's right rear corner as the defendant was exiting a freeway feeder road to enter a gas station. The plaintiff driver sustained injuries to her back and hip, while the plaintiff passenger reported neck and back injuries, which he claimed caused leg tingling and required him to use a cane at trial. The plaintiff driver died from unrelated causes before the trial.

The plaintiffs subsequently filed a lawsuit, alleging the defendant's negligence in operating his vehicle by unsafely cutting across the feeder road. They acknowledged passing a yield sign but asserted the accident occurred farther from it than the defendant claimed. The defendant testified that he was in the right lane, slowed to turn, and the plaintiffs rear-ended him past the yield sign. Defense counsel argued the plaintiff driver was solely negligent. Defense experts, a chiropractor and an orthopedic surgeon, testified that many of the plaintiffs' treatments were excessive, MRI referrals unnecessary, and significant injuries were not caused by the accident, attributing some conditions to pre-existing and degenerative issues.

After a two-day trial, a jury deliberated for two hours, finding both parties negligent. The jury assigned 70 percent comparative responsibility to the defendant and 30 percent to the plaintiff driver. The total damages for both plaintiffs were determined to be $64,579.21. The plaintiff passenger was awarded $18,899.91 for past medical expenses and past physical pain. The plaintiff driver's award of $45,679.30 for past medical expenses and past physical pain was reduced by her 30 percent comparative responsibility, resulting in a net award of $31,975.51.