McMullen County Head-On Collision Settles for $905,000

On October 12, 2014, a head-on collision occurred on State Highway 72 in McMullen County, Texas. A well tester, driving an employer's pickup truck, was struck by another vehicle driven by a caterer's employee. The employee reportedly attempted to pass another vehicle in a no-passing zone on a hill. The well tester sustained multiple injuries, including various fractures to the ulna, tibia, scapula, clavicle, and skull, along with spinal compression fractures and herniated discs. The injuries required multiple surgeries and ongoing medical treatment, resulting in approximately $178,000 in medical bills and claimed past lost wages of $90,000 to $110,000.

The injured driver filed a lawsuit against the at-fault driver, alleging negligence for unsafe passing, excessive speed, failure to maintain a proper lookout, and failure to take evasive action. The at-fault driver's employer was sued under theories of respondeat superior, negligent entrustment, and negligent hiring, retention, and training, with claims of inadequate driver evaluation and training. The vehicle owner was also sued for negligent entrustment, based on allegations that the driver was incompetent. Additionally, the plaintiff sought underinsured motorist benefits from both a personal insurer and the employer's insurer.

The defendants did not dispute the at-fault driver's negligence but argued the plaintiff was contributorily negligent for failing to keep a proper lookout or take sufficient evasive action. They denied claims of negligent entrustment and negligent hiring, retention, and training. The defense also disputed the necessity of future medical treatment. Claims against the employer and one of the underinsured motorist insurers were dismissed without payment. The remaining claims settled for a total of $905,000, including $825,000 from the employer's underinsured motorist insurer, $30,000 from the at-fault driver's insurer, and $50,000 from the vehicle owner's insurer.