Galveston Jury Finds Split Liability in Auto Collision

In December 2015, a collision occurred at the intersection of Stewart Road and 61st Street in Galveston, Texas. The plaintiff, a private investigator driving west on Stewart Road, alleged the defendant, who was traveling south on 61st Street, impacted the right rear of the plaintiff's SUV while attempting a right turn on red. Police issued the defendant a warning for failure to yield the right-of-way. The plaintiff subsequently filed a lawsuit, claiming negligence in the operation of a motor vehicle and seeking damages for alleged neck and back injuries, including cervical and lumbar sprains, strains, herniations, and stenosis.

The plaintiff testified that the defendant "T-boned" his SUV while he was in the left lane, arguing the defendant failed to keep a proper lookout, yield the right-of-way, and made an unsafe right turn on red. The plaintiff sought $12,750 for past medical expenses, in addition to damages for past physical pain, mental anguish, and physical impairment. Records showed the plaintiff received chiropractic treatment for several months, with an MRI revealing disc herniations.

The defendant testified she stopped at the intersection, looked for traffic, and initiated her turn after another vehicle cleared the right lane. She claimed the plaintiff's vehicle was initially in the left lane but then moved into the right lane, resulting in a glancing impact rather than a "T-bone." The defense argued that the plaintiff made an unsafe lane change and that both drivers were 50 percent responsible for the accident. The defense also disputed the extent and causation of the plaintiff's injuries, citing an 18-day delay in seeking treatment, prior back injuries, minimal vehicle damage, and the plaintiff's activities shown in post-accident social media photos. The defense further noted that records from some medical providers listed the plaintiff's law firm as a guarantor, questioning the medical necessity of certain treatments.

After deliberations, the jury found both the plaintiff and the defendant 50 percent negligent for the collision. The jury awarded the plaintiff $1 for past medical expenses, which was reduced to 50 cents to reflect the comparative negligence finding.