Fort Bend County Jury Finds Negligence, Awards $16,435.40 in Rear-End Crash

In Fort Bend County, a plaintiff sued a defendant following a rear-end collision on June 12, 2015. The plaintiff was driving a compact SUV and waiting to merge from State Highway 90 onto a U.S. Highway 59 feeder road when the defendant, driving another SUV, struck the rear of the plaintiff's vehicle. The plaintiff claimed the defendant was negligent by failing to keep a proper lookout, control speed, and avoid the collision.

The plaintiff reported various injuries, including headaches, neck, thoracic, and lumbar sprains, neuralgia, and myalgia, for which he sought chiropractic care, physical therapy, and was referred to a pain management doctor after MRIs revealed spondylosis and mild foraminal stenosis. He sought $16,435.40 for past medical bills, as well as damages for past physical pain and mental anguish, arguing that even a minor impact could injure an older person. The defendant testified that she believed the plaintiff had started to proceed, looked away, and then could not avoid rolling into the stopped vehicle.

The defense argued that the incident was merely an accident and that the plaintiff had not proven negligence. They highlighted the minor nature of the impact, noting that vehicle repair estimates were $378.28 and photos showed no visible damage. Defense efforts to introduce expert testimony on impact forces and a chiropractor's counteraffidavit were unsuccessful, with the latter being rejected by the electronic-filing system. The defense also challenged the reasonableness and necessity of the plaintiff's medical bills and treatment.

After a three-day trial, a jury found the defendant negligent. The jury awarded the plaintiff $16,435.40, specifically for past medical bills. No damages were awarded for pain and mental anguish.