Freestone County, Texas Jury Awards $32,080 in Car Crash

On April 20, 2013, a passenger sustained injuries in Freestone County, Texas, when the vehicle she occupied was struck by another driver. The host vehicle, operated by the passenger's sister, had slowed to make a left turn onto a dirt driveway when another driver attempted to pass on the left, colliding with the host vehicle's driver's side door. The striking driver was cited for driving with an invalid license and failing to pass safely. The plaintiff alleged severe contusions to her ribs and kidney, cervical spine injuries, headaches, jaw popping, and ringing in the ears.

The plaintiff subsequently filed an action seeking underinsured motorist benefits from the host driver's insurance carrier, contending her serious injuries entitled her to these benefits. The defendant insurer argued that the plaintiff had already received adequate compensation for her injuries through settlements with the striking driver and her own insurance provider. The defendant also asserted that the host driver contributed to the accident by making an illegal U-turn or negligently backing into the driveway.

Following deliberations, the jury found both the striking driver and the host driver negligent. The plaintiff was awarded $32,080 for past medical expenses, to be paid by the host driver's insurance.