Dallas Jury Finds Split Liability in Collision, Awards $916.90

On December 25, 2012, a passenger sustained injuries when the sedan he was in collided with a disabled SUV on a highway ramp from northbound Interstate 45 to westbound Great Trinity Forest Way in Dallas. Earlier, the SUV had become disabled after hitting black ice and striking a guardrail, leaving it partly on the shoulder and partly in the roadway. The sedan, driven by the passenger's nephew, then struck the stationary SUV.

The injured passenger filed a lawsuit against both the sedan driver and the SUV driver, alleging negligence. The plaintiff claimed both drivers failed to maintain a proper lookout and drove too fast. Additionally, the plaintiff alleged the SUV driver was negligent for leaving the vehicle partly in the roadway without hazard lights and for not calling for assistance promptly. The plaintiff later dismissed the claims against the sedan driver before trial. At trial, the plaintiff argued that the SUV driver was solely negligent. The defense for the SUV driver contended that both drivers lost control due to the road conditions or, alternatively, that only the sedan driver was negligent for speeding and failing to keep a proper lookout, noting the sedan driver had ample room to pass. The SUV driver testified that the hazard lights were activated and a tow truck was called about 30 minutes after the initial incident.

Following a two-day trial, the jury deliberated for 2.5 hours. Jurors found both drivers negligent, assigning 60% comparative responsibility to the sedan driver and 40% to the SUV driver. The jury awarded the plaintiff $2,292.25 for injuries, including alleged neck and back sprains. After applying comparative responsibility, a judgment for $916.90 was entered for the plaintiff.