Dallas Jury Finds Negligence in Rear-End Collision, Awards $5,675

In July 2014, a plaintiff reported that an unidentified driver cut off his loaner sport utility vehicle on U.S. 175 in Dallas, causing a rear-end collision. The plaintiff claimed the other driver fled the scene. He sustained neck and back injuries, and his vehicle's airbags deployed. Three days after the incident, the plaintiff filed a walk-in police report. When his uninsured motorist claim with Geico Choice Insurance Co. was not resolved, the plaintiff sued the insurer, alleging the unidentified driver's negligence.

The plaintiff sought compensation totaling over $70,000 for past medical bills, past lost earning capacity, and past and future physical pain and impairment. He testified about receiving treatment at an emergency room and from a chiropractor, asserting that his pain continued through the time of trial. The plaintiff sought to distinguish these injuries from those sustained in prior and subsequent accidents, stating that earlier neck and back issues had resolved and other injuries were primarily rotator cuff tears.

The defense challenged the plaintiff's credibility, arguing that he failed to prove the unidentified driver's negligence by a preponderance of the evidence. Defense attorneys highlighted inconsistencies in the plaintiff's testimony regarding the incident's details and suggested that photos of vehicle damage were more consistent with an impact against a vertical pole than another vehicle's bumper. The defense also presented evidence of the plaintiff's prior felony and misdemeanor convictions, and contended that his neck and back injuries were pre-existing, citing medical records from before and after the incident.

After a two-day trial, a jury found the unidentified driver negligent. The jury awarded the plaintiff $7,101.50 solely for past medical bills. Following adjustments for previously paid personal injury protection benefits, prejudgment interest, and taxable costs, the final judgment totaled $5,675.27.