Harris County Jury Awards $20,411 in Rear-End Collision

On March 8, 2017, a collision occurred on the Southwest Freeway in Harris County, Texas, when a defendant failed to control speed and struck another vehicle. The plaintiff filed a lawsuit on April 11, 2018, alleging the defendant was negligent and violated the Texas Transportation Code by failing to maintain a safe distance and driving at an unreasonable speed. The plaintiff sought damages for medical expenses, pain and suffering, mental anguish, emotional distress, diminished capacity, physical impairment, loss of earning capacity, and loss of ability to perform household activities.

The defendant denied the allegations, asserting the plaintiff's own contributory negligence contributed to the accident. The defendant also argued the plaintiff's alleged injuries were due to pre-existing or subsequent conditions and that the plaintiff failed to mitigate damages. Both parties filed motions, and a mediator was appointed for mandatory non-binding mediation.

The case proceeded to a jury trial in November 2019. The jury found both parties negligent, attributing 15% negligence to the plaintiff and 85% to the defendant. The jury awarded the plaintiff $24,013.55 in damages, including past medical expenses, physical pain and suffering, physical impairment, and future damages. Following the reduction for the plaintiff's contributory negligence, the final judgment on December 2, 2019, ordered the defendant to pay $20,411.52 in damages, plus $297.05 in pre-judgment interest. Each side bore their own court costs.