Dallas Jury Finds Negligence in Rear-End Collision, Awards $10,950

On April 2, 2014, a delivery driver was operating a 2003 Chevrolet Silverado pickup truck northbound on Highway 35 in Dallas when a 1996 Toyota Camry rear-ended his vehicle. The driver sustained injuries and subsequently filed a lawsuit against the Camry driver, alleging negligence for failing to maintain a proper lookout, control speed, and brake in time to avoid the collision. The defendant admitted fault for the accident.

The plaintiff claimed a tear of the triangular fibrocartilage in the left wrist and argued that the collision either caused or aggravated an existing wrist fracture. The plaintiff also reported soft-tissue injuries to the neck, back, and left shoulder. Medical evaluations included chiropractic care, physical therapy, X-rays, and an MRI, which indicated a ulnar styloid process fracture and a triangular fibrocartilage tear. The plaintiff sought compensation for past and future medical bills, lost wages, physical pain, mental anguish, and physical impairment, totaling between $36,000 and $119,000.

The defense acknowledged liability for the collision but disputed the extent and causation of the injuries. Defense counsel argued that the wrist fracture was an old injury unrelated to the accident and questioned the validity of some chiropractic opinions regarding future treatment. The defense also pointed to the plaintiff's ability to continue working in a job requiring heavy lifting and a lack of treatment after September 2014 as evidence against the claimed severity of pain and impairment. They suggested lower awards for past medical bills and other damages.

Following a two-day trial in Dallas, a jury deliberated for 130 minutes. The jury found the defendant negligent and awarded the plaintiff $10,950 in damages. The award included $10,500 for past medical costs and $450 for past lost earning capability.