Houston Jury Finds Comparative Negligence in School Bus Crash, Awards $100,000

A female plaintiff filed a negligence lawsuit after a vehicular collision in Houston, Texas, on September 24, 2015. The incident occurred at the intersection of Fairbanks North Houston and Kaiser Street when a defendant school bus driver, operating a vehicle in the course of her employment with a defendant school district, reportedly attempted a turn onto Fairbanks North Houston and collided with the plaintiff's vehicle. The plaintiff sustained injuries including radiculopathy, lumbago, hip strain, and knee sprain.

The plaintiff alleged the defendant bus driver failed to yield the right-of-way, turned in front of her vehicle, failed to maintain a proper lookout, and failed to brake in a timely manner to avoid the collision. The defendants denied all allegations of negligence and injury, contending that the plaintiff's actions were the cause of the accident.

Following a trial, a jury found the defendant bus driver 75% negligent and the plaintiff 25% negligent. The jury awarded the plaintiff $25,000 for past pain and suffering, $12,536 for past medical expenses, $50,000 for future pain and suffering, and $53,000 for future medical expenses, totaling $140,356. This award was subsequently reduced to $105,400 to account for the plaintiff's comparative negligence. Under Texas law, the final award was capped at $100,000.