Houston Jury Awards $8,174, Finds Split Liability in Collision

On April 17, 2018, a collision occurred on Scott Street in Houston, Texas, involving a car driven by the plaintiff and a pickup truck operated by the defendant. The plaintiff's vehicle struck a curb during the sideswipe incident. The plaintiff subsequently filed a lawsuit, alleging the defendant's negligence in operating the vehicle.

The plaintiff claimed the defendant was driving erratically, weaving and using a cellular phone, prompting the plaintiff to attempt a pass. The plaintiff alleged the defendant then suddenly swerved into the right lane, causing the collision. The plaintiff sought damages for alleged back and neck injuries, including herniated discs and radiculopathy, which required chiropractic care and physical therapy. The defense countered that the incident was a mere accident with no negligence, or alternatively, that the plaintiff was negligent by driving too fast. The defense also highlighted the plaintiff's prior back and neck injuries, alleged non-compliance with post-collision treatment, and the minor nature of the vehicular damage.

After a two-day trial, a jury found both parties negligent. The defendant was assigned 90 percent of the responsibility, and the plaintiff 10 percent. The jury awarded the plaintiff $8,174 for past medical expenses only. After the comparative negligence reduction, the plaintiff received a net recovery of $7,356.60.