Frisco Jury Awards $39,000 in Pedestrian Accident with Split Liability
A pedestrian was crossing a street when a driver turning left struck her. The police report indicated the driver failed to yield the right of way and may have been inattentive. The pedestrian claimed multiple injuries, including a fractured shoulder, pain, and a traumatic brain injury. The defense argued the pedestrian was mostly at fault for not paying attention while crossing a poorly-lit intersection at night. The jury found both parties partially at fault and awarded damages.
Case Information Updated: October 2025
About Head/Brain Injury Injuries
Traumatic brain injuries (TBI) range from mild concussions to severe brain damage. Car accidents are a leading cause of TBI, with effects ranging from temporary symptoms to permanent cognitive impairment.
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $60,000
- County
- Denton County, TX
- Resolved
- 2016
Injury & Accident Details
- Injury Type
- Head/Brain Injury
- Accident Type
- Pedestrian
- Case Type
- Motor Vehicle Negligence
Settlement Context
This verdict-plaintiff of $60,000 is below the median of $1,893,000 for head/brain injury cases resolved by verdict-plaintiff. The typical range is $93,169 to $9,140,000, based on 45 cases in our database.
Case Overview
On March 16, 2012, a 59-year-old pedestrian was struck by a vehicle while crossing Constitution Drive in a residential neighborhood in Frisco. The defendant, driving a 2007 Toyota Camry, made a left turn at an intersection and collided with the plaintiff. Police cited the driver's failure to yield right of way and possible inattention as contributing factors. The plaintiff sustained a left shoulder fracture, pelvis, hand, knee pain, and a traumatic brain injury, and subsequently sued the driver for negligence.
The plaintiff sought damages for future medical care, physical pain, mental anguish, and physical impairment, having undergone shoulder surgery and therapy. The defense argued the plaintiff was largely at fault, citing headphone use and inattention while crossing a poorly lit intersection at night. The defense also contended that a subsequent motor vehicle accident involving the plaintiff in July 2014 complicated the assessment of damages, particularly for the brain injury and potential re-injury of the shoulder.
After a three-day trial, a jury found both parties negligent. The jury apportioned 65 percent responsibility to the driver and 35 percent to the pedestrian, awarding the plaintiff $60,000 in total damages. With the reduction for comparative responsibility, the plaintiff's net recovery amounted to $39,000.
Understanding This Case
- Most mild TBIs resolve within weeks to months. Moderate to severe TBI often results in permanent impairment affecting cognition, behavior, and physical function.
- 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 2016, 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
This outcome significantly deviates from similar cases
This score is calculated by analyzing injury type, accident details, geographic location, temporal trends, and comparing against 2,000+ similar cases in our database.
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