Fort Bend County Jury Awards $2,825 in Rear-End Collision

On December 1, 2017, a rear-end collision occurred in Fort Bend County. The plaintiff was preparing to make a left turn when a trailing motorist, the defendant, struck the rear of the plaintiff's vehicle. The plaintiff subsequently filed a lawsuit, alleging the defendant's negligence in operating their vehicle led to the incident and resulted in multiple injuries.

The plaintiff claimed they had been stationary, with a left turn signal activated, waiting for oncoming traffic to clear for over a minute when the impact occurred. The defendant countered that the plaintiff stopped abruptly and without signaling. During the proceedings, the defendant challenged the plaintiff's credibility, citing inconsistencies in testimony regarding whether the plaintiff was stationary or already proceeding with the turn at the moment of impact. Hospital records also indicated the plaintiff reported traveling 15 mph. The plaintiff claimed to have sustained various injuries, including cervical and lumbar disc herniations, knee sprains, bursitis, effusion, headaches, and spinal nerve impingement, for which they underwent conservative treatment including chiropractic manipulation, physical therapy, and injections. The defendant argued the impact was minor, only an ambulance ride and initial hospital visit were related to the accident due to a gap in the plaintiff's treatment, and that the incident was either an unavoidable accident or involved comparative negligence from both drivers.

The plaintiff sought approximately $96,000 for past medical expenses, in addition to unspecified damages for pain and anguish. The defendant contended that, if damages were awarded, only initial medical bills totaling $2,708.75 should be compensated. After a two-day trial, the jury deliberated for three and a half hours. The jury found both parties negligent, assigning 60 percent fault to the defendant and 40 percent to the plaintiff. Total damages for the plaintiff were determined to be $4,708.75. Due to the finding of comparative negligence, the net recovery for the plaintiff was reduced to $2,825.25.