Fort Worth, Texas Jury Finds Negligence, Awards $11,504 in Rear-End Crash

In April 2016, a collision occurred on West Long Avenue in Fort Worth, Texas, when a housekeeper driving a 2008 Chevrolet Silverado pickup truck slowed to make a turn and was rear-ended by a 2004 Ford Expedition. An investigating officer reported the Expedition driver failed to control speed and ticketed the pickup driver for not possessing a driver's license. The pickup driver subsequently filed a negligence lawsuit against the Expedition driver, alleging failure to maintain a proper lookout, control speed, and avoid the collision. The plaintiff sought damages for headaches, neck and back strains, a cervical protrusion, past and future medical expenses, and pain and suffering.

The plaintiff asserted she was in motion at the time of impact and denied stopping with her vehicle extended into traffic. Her counsel presented vehicle photos indicating frame damage and introduced state transportation code requiring drivers to maintain an assured clear distance. A chiropractor testified that the plaintiff's treatment was reasonable and related to the accident. The defendant, however, contended the plaintiff had stopped in the median with her vehicle obstructing traffic, potentially making a sudden U-turn while lost. The defendant's attorney introduced photos of the scene and argued the defendant's view was blocked by a hill. The defense also designated the plaintiff's husband as a responsible third party for allegedly entrusting the vehicle to an unlicensed driver and questioned the extent and origin of the plaintiff's injuries, citing inconsistencies in medical records and the timing of treatment referrals.

After a two-day trial and 2.5 hours of deliberation, the jury found both drivers negligent. The jury assigned 80 percent of the responsibility to the defendant and 20 percent to the plaintiff, finding no responsibility on the plaintiff's husband. The jury awarded the plaintiff $14,380 for past medical costs and past physical pain and mental anguish. Following the reduction for comparative responsibility, the plaintiff's total recovery was $11,504.