Houston Jury Awards $57,195 in Rear-End Collision

On December 11, 2013, a construction crew lead man was driving a sport utility vehicle with a carpenter as a back-seat passenger on Alief Clodine Road near Kirkwood Road in Houston, Texas. Their vehicle was rear-ended by another driver. The defendant driver received a citation for changing lanes unsafely.

The driver and passenger, as plaintiffs, subsequently filed a lawsuit against the defendant driver, alleging negligence for unsafe lane changes, failing to maintain a proper lookout, excessive speed, following too closely, and failing to brake or turn to avoid the collision. The plaintiffs claimed multiple injuries, including herniated cervical discs, numbness, and lumbar sprains for the driver, and similar cervical and lumbar issues, along with right shoulder sprains, for the passenger. Both plaintiffs underwent chiropractic care and consulted with orthopedic surgeons, seeking significant damages for past and future medical bills, and pain and suffering.

The defense disputed the causation of the plaintiffs' injuries, arguing that delays in seeking initial treatment, as well as subsequent treatment gaps, suggested the injuries were not directly related to the accident or were exaggerated. The defense also raised concerns about potential collusion between the plaintiffs, their counsel, and medical providers, citing joint doctor visits, letters of protection, and evidence that counsel had paid a deposit to an orthopedic surgeon, suggesting an incentive for unnecessary treatment. Evidence also suggested the passenger was not wearing a seat belt.

After a two-day trial, the jury deliberated for three hours and awarded the plaintiffs a total of $57,195. The driver received $20,900, and the passenger received $36,295. The jury's award, which was substantially less than the damages sought by the plaintiffs, indicated that the defense's arguments regarding causation, delayed treatment, and the necessity of certain medical procedures likely influenced the outcome.