Houston Jury Finds Negligence in Rear-End Collision, Awards $15,000

On December 26, 2013, a collision occurred in Houston, Texas, when the defendant's 2006 Honda Accord rear-ended the plaintiff's 1998 Lincoln Town Car. The incident happened as the plaintiff, a 70-year-old retired individual, was making a right turn into a parking lot from the Interstate 10 feeder road. The plaintiff subsequently filed a lawsuit, alleging the defendant was negligent by failing to maintain a proper lookout, control speed, and following too closely.

The plaintiff claimed to have sustained back and neck sprains and strains, as well as an aggravation of pre-existing degenerative conditions. Treatment included chiropractic care and physical therapy, beginning approximately one month after the accident and lasting about three months. The plaintiff's chiropractor opined that future treatment would be necessary. Medical bills totaled $3,765.28, and the plaintiff sought a total of $30,000 for past medical costs, physical pain, and mental anguish.

The defendant denied negligence, contending that the plaintiff had stopped suddenly mid-turn. The defense also argued that merging lanes and a car to the left prevented the defendant from changing lanes to avoid the collision. Regarding injuries, the defense asserted that the plaintiff's injuries had resolved, pointing to significant pre-existing spinal degeneration and osteopenia, exacerbated by a prior 2008 accident. The defense highlighted the minor impact of the collision and noted that the treating chiropractor worked under a letter of protection, with payment contingent on the case outcome. Defense counsel suggested an award limited to medical bills plus $1,000 to $2,000 for pain and anguish.

A jury found the defendant negligent and awarded the plaintiff $15,000. Including prejudgment interest of $893.80, the total recovery amounted to $15,893.80.