Hidalgo Jury Awards $810,000 in Fatal Pedestrian Accident
A driver struck and killed a pedestrian in a crosswalk at night. The pedestrian's estate sued the driver and his employer, alleging negligence. The defense argued the pedestrian was also at fault. The jury found the driver negligent but also found the pedestrian partially responsible. The estate was awarded damages for the pedestrian's pain and suffering.
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
- $900,000
- County
- Dallas 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 $900,000 is near 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 27, 2014, a pedestrian was fatally struck by a van while crossing East Coma Avenue in a marked crosswalk in Hidalgo. The westbound van, driven by an employee of a transit service company, collided with the pedestrian, who sustained fatal injuries. The pedestrian's estate, represented by his brother, subsequently sued the driver and the employer, alleging negligence for failing to keep a proper lookout, yield the right of way, and control the vehicle's speed.
The plaintiff argued the driver was solely negligent. Surveillance video confirmed the pedestrian was in the crosswalk, and accident reconstruction experts for both sides agreed the van was speeding at impact, though they differed on the exact velocity. Experts also concluded that if the driver had adhered to the speed limit, the pedestrian would not have been in the intersection at the time of the van's passage. The defense contended the pedestrian was contributorily negligent for failing to keep a proper lookout and cited challenging environmental conditions, including dark streets and glare, as factors preventing the driver from seeing the pedestrian. The plaintiff's counsel highlighted that the driver initially provided no excuse for failing to see the pedestrian, and the defense's environmental theory developed later. Damages sought were limited to the pedestrian's conscious pain and suffering, which a defense medical expert disputed.
Following a five-day trial, a Hidalgo jury found both parties negligent. The jury assigned 90 percent of the fault to the driver and 10 percent to the pedestrian, awarding $900,000 for pain and suffering. After accounting for comparative responsibility, the net award to the estate totaled $810,000. The defense subsequently filed post-trial motions challenging the verdict.
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 Dallas 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 aligns very well with 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.
Want to know what your case might be worth?
Get a free case evaluation to understand what your motor vehicle accident case might be worth based on cases like this in Dallas County.
Similar cases you may find useful
Handpicked by matching injury type, accident details, and outcome to this case.
One driver was slowing down in traffic when their vehicle was hit from behind by another car. The driver who was hit claimed injuries to their back, head, and neck. The other driver's insurance paid some of its policy limit. The injured driver then sued their own insurance company for underinsured motorist benefits, claiming their damages exceeded the amount recovered. The defense conceded fault for the accident, and the trial focused on the extent of the injuries.
One driver was traveling on a tollway when their vehicle ran out of gas and became disabled. The other driver, who was following behind, struck the disabled vehicle. The first driver claimed injuries to their neck and back. The jury found the second driver 80% liable and the first driver 20% liable.
One driver stopped their vehicle on a highway when the other driver struck them from behind at a high speed. The impact caused the driver to hit their head and briefly lose consciousness. The injured driver claimed the accident caused a brain injury, preventing them from completing college studies, and also affected their ability to care for their young son. The other driver admitted to the collision but disputed the extent and cause of the injuries.
One driver stopped in traffic due to construction. The other driver rear-ended the stopped vehicle. The injured driver claimed ankle and back injuries. The defense argued the accident was unavoidable or that the driver acted as an ordinary and prudent driver. The jury found the second driver liable but awarded no damages.
One driver sued another for failing to maintain a safe distance and avoid a collision. The defendant claimed the plaintiff was also at fault. The incident occurred when the defendant's vehicle struck the plaintiffs' vehicle from behind. The minor passenger complained of neck, mid-back, and rib pain, diagnosed as muscle sprain and cervicalgia. Further treatment included visits for headaches and pain in the neck and upper back.
Explore More Cases Like This
Browse similar cases by injury type and location to get a better understanding of case values in your area.