Houston Jury Finds Split Fault in Red-Light Collision, Awards $38,290.13

On March 24, 2015, a collision occurred at the intersection of Dowling Street (now Emancipation Avenue) and Polk Street in Houston. A plaintiff driver was traveling south with a plaintiff passenger when their vehicle entered the intersection without stopping. Simultaneously, a defendant driver, traveling east, also entered the signal-controlled intersection without stopping. The defendant's vehicle struck the plaintiffs' right front fender, causing the plaintiffs' vehicle to collide with a nearby building. The defendant driver received a citation for running a red light.

The plaintiffs subsequently filed a lawsuit against the defendant, alleging negligence for running a red light, failing to yield the right of way, and failing to maintain a proper lookout. The plaintiff driver claimed multiple injuries, including cervical neck and back strains, disc protrusions, and a herniated lumbar disc, seeking compensation for medical expenses and pain and suffering. The plaintiff passenger also sought damages for medical expenses and discomfort.

During the trial, the plaintiff driver testified that her traffic light was green. The defendant driver testified that the sun was in her eyes and she was unsure of the light's color. The defense suggested the plaintiff driver was speeding, a possibility the plaintiff driver acknowledged. The defense also contested the extent and cost of the plaintiff driver's injuries, arguing they were soft-tissue injuries that should have resolved quickly and noting a lack of recent treatment.

A Houston jury found both parties negligent, assigning 85 percent of the fault to the defendant driver and 15 percent to the plaintiff driver. The jury awarded the plaintiffs a total of $38,290.13. After applying comparative fault, the defendant was held liable for 85 percent of the plaintiff driver's damages and 100 percent of the plaintiff passenger's damages, resulting in a total liability of $33,295.15.