Houston Car Crash Settles for $45,000

In January 2011, a collision occurred on Highway 6 in Houston, Texas, involving a plaintiff driving a 2008 Toyota Yaris and a defendant driving a 2002 Toyota Avalon. The plaintiff was in the left lane during rainy evening conditions when the defendant exited a parking lot, attempting a right turn into the same lane. The plaintiff's vehicle struck the driver's side of the defendant's car.

The plaintiff subsequently alleged sustaining neck and back injuries, claiming multiple cervical and lumbar disc herniations. The plaintiff sought emergency room care the day of the incident, followed by chiropractic and pain management treatment, and later received epidural steroid injections. The plaintiff filed a lawsuit against the defendant, asserting claims of negligence, including failure to maintain a proper lookout, making an unsafe turn, failing to yield the right of way, and not braking or turning to avoid the collision. The defendant stipulated to liability.

During the proceedings, the plaintiff sought approximately $22,000 for past medical bills, as well as damages for future medical expenses, lost wages, physical pain, mental anguish, and physical impairment. The defense, however, focused its arguments on purported gaps in the plaintiff's treatment history and a medical opinion from an orthopedic surgeon who concluded that the plaintiff had sustained only sprains and strains, coupled with pre-existing degenerative disc disease. The defense contended that most of the plaintiff's treatment was unrelated to the accident and that documentation for missed work was insufficient. Additionally, defense counsel introduced evidence of the plaintiff's prior motor vehicle accidents in 1992 and 1999/2000, where alleged neck and lower back injuries were sustained, though plaintiff's counsel disputed the evidence of injuries from these prior incidents.

The case concluded in a settlement for $45,000 on the second day of trial, during the cross-examination of the plaintiff. The settlement occurred before the plaintiff's physical medicine and rehabilitation doctor had testified. The defendant's insurer had a policy limit of $100,000.