Dallas, Texas Jury Awards $16,874.16 in Rear-End Collision

On April 24, 2014, a rear-end collision occurred at the intersection of McKinnon Street and Wolf Street in Dallas, Texas. The plaintiff, stopped at a red light, was struck by a vehicle driven by the defendant. The defendant was initially arrested on a charge of driving while intoxicated, but the charge was later dropped after a blood test showed a blood alcohol concentration of .025. The plaintiff subsequently filed a lawsuit, claiming back and shoulder injuries.

The plaintiff alleged the defendant was negligent by driving under the influence of alcohol, failing to maintain a proper lookout, failing to control speed, following too closely, and failing to brake or turn to avoid the collision. The plaintiff sought damages for past medical bills totaling $12,874.16, six weeks of past physical pain and mental anguish, and $30,000 in punitive damages, predicated on a finding of gross negligence. Plaintiff's counsel argued that the defendant's failure to see and avoid the vehicle indicated impairment.

The defendant stipulated to negligence but disputed gross negligence and impairment. The defendant testified that the plaintiff's vehicle was stopped without its brake lights on. While the defendant admitted to consuming alcohol and taking an antidepressant, and the investigating officer testified to her appearing impaired and failing parts of a field sobriety test, the defendant's blood alcohol content was low, and she passed three of five elements of the field sobriety test. Defense counsel also challenged the extent of the plaintiff's injuries, noting that initial emergency room records contradicted some claims and that the plaintiff had been involved in subsequent accidents.

Following a one-day trial, a jury found the defendant grossly negligent. The jury awarded the plaintiff $16,874.16, which included damages for past medical costs, past physical pain and mental anguish, and punitive damages.