Houston Rear-End Collision Post-Verdict Settles for $9,700

On December 6, 2013, an incident occurred on a freeway in northwest Houston when a 2002 Chevrolet Trailblazer, driven by the plaintiff, was rear-ended by a 2013 BMW 128i, driven by the defendant. The impact caused the plaintiff's vehicle to spin, strike a tractor-trailer, and then a guard rail. The plaintiff filed a lawsuit alleging the defendant's negligence in failing to control speed, maintain a proper lookout, and follow at a safe distance. The defendant later stipulated to liability for the accident.

The plaintiff claimed neck and back sprains and strains, undergoing chiropractic treatment from December 2013 to February 2014. At trial, the plaintiff testified to ongoing pain and an inability to play soccer. A chiropractic expert for the plaintiff opined that the treatment was reasonable and necessary, that the injuries resulted from the accident, and that additional chiropractic care would be required. The plaintiff sought damages for past and future medical bills, as well as past and future physical pain, mental anguish, and physical impairment.

The defense contended that the plaintiff's treatment was excessive and driven by litigation. The defense noted that an attorney referred the plaintiff to the treating chiropractor, who had a letter of protection. Furthermore, the defense questioned the extent of the plaintiff's claimed pain and impairment, highlighting that no treatment had been sought since February 2014.

After a two-day trial, the jury awarded the plaintiff $8,605, which included $7,605 for past medical costs and $1,000 for past physical pain and mental anguish. Following the verdict, the parties reached a post-verdict settlement of $9,700, which accounted for prejudgment interest and taxable costs. The award reflected the jury's assessment of damages, potentially influenced by the defense's arguments regarding the necessity and causation of ongoing treatment. State Farm Insurance Companies insured the defendant.