Harris County Jury Finds Negligence, Awards $150,650 in Collision

On May 9, 2019, a multiple-vehicle collision occurred on the 3899 block of E Sam Houston Tollway S in Harris County, Texas. A plaintiff driver, who had been slowing or stopping for an emergency vehicle, was struck from the rear by a vehicle that had itself been rear-ended by a tow truck operated by a defendant tow truck driver, employed by a defendant company. The plaintiff driver, accompanied by a plaintiff passenger, subsequently filed a vehicular negligence lawsuit against the tow truck driver, the tow truck company, and a second defendant driver whose vehicle was immediately behind the plaintiffs' vehicle.

The plaintiffs alleged the tow truck driver was negligent for failing to maintain a proper lookout, control vehicle speed, maneuver or stop the truck, timely apply brakes, maintain a safe following distance, or take evasive action. They also claimed the second defendant driver followed too closely and failed to avoid the collision. The plaintiff driver suffered cervical and lumbar disc herniations, requiring pain injections and likely future surgery. The plaintiff passenger sustained neck, back, and shoulder sprain and strain injuries. The defendants denied negligence and injury, asserting the plaintiff driver was comparatively negligent for stopping suddenly.

A jury found the plaintiff driver 30% negligent, the defendant tow truck driver 35% negligent, and the second defendant driver 35% negligent. The jury initially awarded the plaintiff driver $348,000 for past damages and $51,000 for future damages. The plaintiff passenger was awarded $11,000. Following the comparative negligence findings, the plaintiff driver's award was reduced, resulting in a recovery of $121,800 for past damages and $17,850 for future damages, reflecting recovery of 35% of the initial award.