Houston Jury Finds Negligence in Sideswipe Crash, Awards $904

On August 27, 2011, a collision occurred on Interstate 610 in Houston, Texas. The driver of a full-size sedan and her passenger were sideswiped by a smaller sedan operated by the defendant. The plaintiffs claimed the defendant made an unsafe lane change to the right, causing the collision, and that they sustained back and neck injuries.

The plaintiffs filed a lawsuit alleging the defendant negligently failed to keep a proper lookout and made an unsafe lane change. The defendant acknowledged she missed her exit and was distracted by her navigation system. However, she testified she checked for vehicles and signaled before changing lanes. Defense counsel argued the defendant was responsible for the accident but not negligent, asserting that her actions, including looking and signaling, did not constitute a negligent act.

Both plaintiffs sought damages for cervical strains, neck, back, head, and shoulder pain, along with associated medical expenses for urgent care, chiropractic treatment, and MRIs. They also requested compensation for past physical pain and impairment. The defense maintained that the plaintiffs' complaints and treatment were not a result of the accident but were initiated for the benefit of the lawsuit. The defense highlighted that the plaintiffs reported no injuries at the scene, did not go to the emergency room, and that X-rays and MRIs showed no injuries but rather pre-existing degenerative conditions for one plaintiff. A defense biomechanical engineer testified that the impact was a shallow sideswipe with low acceleration forces, unlikely to cause significant injury.

The jury found the defendant negligent. They awarded one plaintiff $488 for past medical expenses and the other plaintiff $416 for past medical expenses, totaling $904. The award reflected a finding of negligence but significantly less than the total medical expenses and other damages sought by the plaintiffs.