Houston Jury Finds Negligence in Rear-End Collision, Awards $5,500

A rear-end collision occurred on September 13, 2016, in Houston, Texas, when a vehicle traveling northbound on Fairbanks North Houston Road was struck from behind at the intersection of Fairbanks North Houston and Battle Oak Road. The impact forced the plaintiff’s vehicle into the one ahead, resulting in alleged severe personal injuries. The plaintiff filed a complaint on July 21, 2017.

The plaintiff alleged the defendant failed to maintain a proper lookout, apply brakes timely, yield the right of way, control speed, and was operating a cell phone while driving. Damages sought included medical expenses, physical pain and suffering, mental anguish, physical impairment, loss of earnings, property damage, and physical disfigurement. The defendant filed a general denial on July 10, 2018, asserting defenses such as contributory negligence, proportionate responsibility, and limitations on medical expense recovery.

The case proceeded to trial in July 2019 after various procedural steps. On July 16, 2019, a jury found the defendant negligent by an 11-1 vote, determining this negligence proximately caused the incident. The jury awarded the plaintiff $5,500.00, comprising $5,000.00 for past medical expenses and $500.00 for past pain and suffering. The final judgment, including pre-judgment and post-judgment interest and taxable court costs, totaled $7,010.13.