Houston Jury Awards $17,643 in Left-Turn Collision

On May 28, 2014, a collision occurred on Watonga Boulevard in Houston, Texas, when a northbound pickup truck struck a southbound pickup truck attempting a left turn at 43rd Street. Both drivers had a green light. The southbound driver, the defendant, was attempting a left turn when the northbound driver, the plaintiff, collided with the right rear portion of the defendant’s vehicle. The plaintiff filed a lawsuit alleging the defendant was negligent in operating his vehicle. The vehicle owner, also initially named, was later nonsuited.

The plaintiff claimed he suffered neck and back injuries, including herniated intervertebral discs. He testified that the defendant turned directly in front of his vehicle, and despite an evasive maneuver, he could not avoid the collision. The defendant acknowledged that he mistakenly believed he had a protected left turn at the time of the incident but claimed he looked for oncoming traffic and saw none. He testified that he was almost through the turn when he saw the plaintiff approaching at high speed and attempted to accelerate to clear the intersection. Defense counsel argued the defendant was not negligent, or alternatively, that both drivers were negligent.

During the two-day trial, the plaintiff sought $34,255 for past medical expenses, and $20,000 each for past physical pain and mental anguish, and past physical impairment. The defense emphasized that the plaintiff did not seek immediate medical attention and was referred to a chiropractor by an attorney three days later. The defense also noted that a police report indicated no injuries, and the plaintiff failed to disclose a subsequent accident to his doctors. The defendant's medical expert testified that herniated discs have various causes and do not always cause pain, and acknowledged many of his patients had pending claims.

After one hour of deliberation, a Houston jury found the defendant liable for the collision. The jury awarded the plaintiff $17,643, which included damages for past medical costs, past physical impairment, and past physical pain and mental anguish.