Dallas, Texas Jury Awards $6,313 in Rear-End Collision

On November 9, 2012, a plaintiff was driving a Chevrolet sedan in stop-and-go traffic on Highway 75 near Lovers Lane in Dallas, Texas, when the vehicle came to a stop. A defendant, driving a 2004 Hyundai sedan, also stopped behind the plaintiff's vehicle. The defendant then exited his vehicle, approached the plaintiff's car, spoke to the plaintiff, and subsequently left the scene. The plaintiff later claimed neck and back injuries and filed a lawsuit, alleging the defendant negligently rear-ended his vehicle by failing to maintain a proper lookout, following too closely, failing to control speed, and failing to take evasive action.

During the trial, the plaintiff asserted that the defendant told him there was no damage before leaving the scene and argued this constituted fleeing an accident. Plaintiff's counsel presented photos of the defendant's car showing front-end damage consistent with a rear-ender. The defendant denied any contact between the vehicles, claiming the plaintiff's car was stopped with its doors open and he only approached to ask if the plaintiff was alright. The defense suggested that if any impact occurred, it was minor, and that the damage to the defendant's vehicle was pre-existing. The plaintiff sought $3,133 for past medical bills and $3,000 for past pain and impairment.

After a three-day trial, the jury found the defendant negligent and awarded the plaintiff $6,313. Jurors deliberated for nearly two hours on the negligence issue. The verdict concluded that, if the plaintiff had been unresponsive as the defendant claimed, the defendant, being a nurse, would have called police or an ambulance. The final judgment, including prejudgment interest and taxable costs, totaled $7,257.32.