Houston Jury Finds Split Liability, Awards $22,800 in Rear-End Crash

A disabled pickup truck being towed late at night in Houston, Texas, was rear-ended by another vehicle in April 2013, leading to a personal injury lawsuit. The plaintiff, a part-time delivery driver, had chained his stalled 1999 Dodge Ram to his wife's vehicle for towing when the incident occurred around midnight on Veterans' Memorial Drive. The defendant, driving a 2007 Pontiac Grand Prix, struck the rear of the disabled truck. A police report cited the defendant's faulty evasive action and failure to control speed as contributing factors, while also noting the plaintiff's truck had low battery power, causing hazard lights to fail, and lacked tow lights.

The plaintiff sued the defendant for negligence, alleging faulty evasive action and failure to control speed. The plaintiff contended his hazard lights were active at the time of impact and that street lighting was sufficient. He sought damages for aggravated pre-existing degenerative disc bulges, claiming they became symptomatic after the accident and would require future medical treatments including injections and surgery.

The defendant denied negligence, arguing the street was very dark and that the plaintiff was comparatively responsible for towing a vehicle at night without proper lighting or safety precautions, thereby risking himself and others. The defense also disputed the severity of the plaintiff's injuries and the necessity of future medical treatment, noting the plaintiff's gap in medical visits and previous reluctance to undergo proposed procedures. The defense further questioned the plaintiff's expert's objectivity, citing compensation received.

After a two-day trial, the jury found both parties negligent. The jury assigned 60 percent of the responsibility to the defendant and 40 percent to the plaintiff. The plaintiff was awarded $38,000, which was reduced to $22,800 to account for his comparative negligence.