Dallas Jury Finds Negligence in Rear-End Crash, Awards $7,100

On August 12, 2016, a plaintiff was driving a compact sport utility vehicle in Dallas when the vehicle was struck from behind by a defendant's vehicle. The plaintiff had been waiting behind other vehicles at a stop sign when the defendant, who was trailing, collided with the rear of her SUV. The plaintiff subsequently claimed to have suffered neck, back, and shoulder injuries. She filed a lawsuit alleging that the defendant was negligent in the operation of his vehicle.

During the trial, the plaintiff testified that she had been stopped for several seconds before feeling the impact, and then observed the defendant texting. The defendant's counsel conceded liability for the collision. The plaintiff testified that she did not seek immediate treatment, initially believing her pain would subside, but saw a chiropractor six days later for neck, back, and right shoulder pain. X-rays were unremarkable, and she was diagnosed with sprains and strains, undergoing physical therapy. Plaintiff's counsel sought $9,248 for past medical expenses and left the amount for past physical pain and mental anguish to the jury.

A defense expert, a chiropractor, opined that some of the plaintiff's X-rays were medically unnecessary and that the chiropractor's charges were excessive, suggesting approximately $2,000 would have been reasonable. The defense expert also noted preexisting conditions on cervical X-rays. Defense counsel emphasized the six-day delay in seeking treatment, the plaintiff's failure to visit her personal physician for the injuries, and that record custodians, not actual providers, signed the billing affidavits. Evidence also showed only a small scratch on the plaintiff's vehicle. Defense counsel proposed $4,184.18 for past medical costs and $1,500 for past physical pain and mental anguish.

After a two-hour trial and 54 hours of deliberation, the jury found the defendant liable. The jury awarded the plaintiff $7,100, consisting of $5,600 for past medical costs and $1,500 for past physical pain and mental anguish.