Denton County Jury Awards $21,262 in Rear-End Collision

On March 29, 2010, a rear-end collision occurred on the feeder road of Hwy. 121 in Denton County, Texas. A driver operating a small sedan struck the rear of a full-size sport utility vehicle that had stopped. The driver of the sedan was reportedly on her cell phone or had recently completed a call. The occupants of the SUV, a driver and her minor daughter, sustained injuries in the incident.

The injured parties subsequently filed a lawsuit against the sedan driver, alleging negligence for failing to maintain a proper lookout, not keeping a safe distance, and distracted driving due to cell phone use. The plaintiffs claimed the SUV had stopped to yield to freeway-exiting traffic. They sought damages for neck and back sprains, headaches, and associated expenses. The adult plaintiff reported inability to horseback ride and volunteer, leading to horse boarding costs, and incurred housekeeper expenses. The minor plaintiff claimed an inability to continue ice skating lessons. Their treating chiropractor testified that the medical treatment and bills, totaling $7,064 for the adult plaintiff and $2,198 for the minor plaintiff, were reasonable and necessary, and that the injuries were caused by the accident.

Initially, the defendant denied negligence, stating she had hung up her phone just prior to impact and observed no reason for the SUV to stop. However, the defendant later acknowledged fault for the collision and ultimately admitted negligence. The defense contested the severity of the plaintiffs' claimed injuries, arguing that the impact was too minor to cause them. Photos presented at trial showed minimal damage to the plaintiffs' vehicle.

Following a two-day trial, a Denton County jury found the defendant negligent. The jury awarded the adult plaintiff $18,064 and the minor plaintiff $3,198, totaling $21,262 in damages.