McAllen Jury Awards $32,709 in Rear-End Collision

In McAllen, a driver and two minor passengers filed a lawsuit after a three-car rear-end collision on February 10, 2015. The plaintiffs were stopped at a light when their vehicle was struck from behind by the first defendant's SUV, which was then struck by the second defendant's compact car. The driver claimed back and knee injuries, including disc herniations and a meniscus tear, while the minor passengers reported back pain. The plaintiffs alleged both defendants negligently failed to keep a proper lookout, control speed, and brake in time.

During the trial, the driver testified that the first defendant's SUV rear-ended their vehicle, followed by a lighter impact from the second defendant's car striking the SUV. Plaintiffs' counsel sought to assign 90 percent comparative responsibility to the first defendant and 10 percent to the second defendant. The first defendant, however, contended that the second defendant rear-ended her, pushing her into the plaintiffs' vehicle, and sought to place sole blame on the second defendant. The second defendant's testimony aligned with the plaintiffs' account, stating the first defendant initially struck the plaintiffs' vehicle, and she then lightly rear-ended the first defendant. The second defendant's counsel presented evidence of minor rear damage but significant front damage to the first defendant's SUV, arguing the compact car could not have caused the extensive front damage to the larger SUV.

After two days of trial and two and a half hours of deliberation, the jury found only the first defendant negligent. The jury awarded the plaintiffs a total of $32,709.52. The driver received damages for past medical costs, property damage, and past physical pain and suffering. One minor passenger received awards for past medical costs, past physical pain and suffering, and past mental anguish, while the other received past medical costs and past physical pain and suffering. The jury found the plaintiffs should take nothing against the second defendant.