Denton, Texas Jury Finds Negligence in Pedestrian Accident, Awards $4,362.16
A pedestrian was walking on a sidewalk when a pickup truck exiting a drive-through struck him. The pedestrian claimed multiple injuries, including disc bulges, a torn rotator cuff, and a torn meniscus. The defense argued the pedestrian was at fault due to intoxication and not paying attention. The jury found both parties partially responsible for the collision.
Case Information Updated: October 2025
About Cervical Disc Injury Injuries
Cervical disc injuries involve damage to the intervertebral discs in the neck region (C1-C7). These injuries can include herniated discs, bulging discs, and disc degeneration accelerated by trauma.
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $8,553
- County
- Denton County, TX
- Resolved
- 2017
Injury & Accident Details
- Injury Type
- Cervical Disc Injury
- Accident Type
- Pedestrian
- Case Type
- Motor Vehicle Negligence
Settlement Context
This verdict-plaintiff of $8,553 is below the median of $40,000 for cervical disc injury cases resolved by verdict-plaintiff. The typical range is $18,000 to $100,000, based on 250 cases in our database.
Case Overview
On July 10, 2015, a laborer was struck by a pickup truck while walking on a sidewalk and crossing a drive-through exit in Denton, Texas. The defendant, the truck driver, was cited by police for failing to yield the right of way, which was noted as the sole contributing factor in the police report. The plaintiff, the pedestrian, subsequently filed a lawsuit, alleging the defendant negligently failed to maintain a proper lookout, yield, and brake in time.
The plaintiff claimed multiple injuries, including bulging cervical and lumbar discs, broken teeth, a torn rotator cuff, and a torn meniscus. Medical bills totaled approximately $97,000, though about $40,000 was admitted into evidence. The plaintiff sought compensation for past and future medical expenses, physical pain, and impairment. The defense argued the plaintiff was at fault, presenting evidence of a blood alcohol concentration of 0.235 shortly after the incident and suggesting the plaintiff was intoxicated and inattentive. An orthopedic surgeon, testifying for the defense, opined that the injuries were mild sprains at most, with other conditions being pre-existing or degenerative. The defense also presented evidence that the plaintiff had been involved in prior and subsequent motor vehicle accidents with similar injury claims, despite denying prior accidents in a deposition.
Following a two-day trial, the jury deliberated for two hours. It found the defendant 51 percent negligent and the plaintiff 49 percent comparatively negligent. The jury awarded the plaintiff $8,553.25. After applying the comparative responsibility finding, the plaintiff's net recovery totaled $4,362.16.
Understanding This Case
- Many cervical disc injuries improve with conservative treatment. However, about 30% of cases may require surgical intervention, with varying degrees of permanent impairment.
- This case went to trial and resulted in a jury verdict. Verdicts can yield higher awards but carry the risk of receiving nothing if the jury rules against the plaintiff.
- This case was resolved in Denton County, Texas. Local jury tendencies, judge assignments, and regional economic conditions all influence case outcomes in this jurisdiction.
- Resolved in 2017, this case reflects the legal and economic conditions of that period, including medical costs, insurance practices, and jury award trends at the time.
VerdictlyTM Score
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