Parker County Jury Awards $166,763 in Rear-End Collision

On December 23, 2015, in Parker County, a full-size pickup truck carrying two passengers, a restaurant hostess and a high school student, was rear-ended by a mid-sized car. The pickup driver had stopped at a stop sign, turned left onto Farm to Market Road 730, and then stopped again to wait for traffic before turning into a church driveway. The driver of the mid-sized car, a pizza delivery driver, applied brakes but could not stop in time, colliding with the pickup. Police initially assigned fault to both drivers.

The passengers filed separate lawsuits, later consolidated, against the delivery driver, alleging negligence including failure to control speed and maintain a proper lookout. They also sued several pizza company entities and a franchisee, who settled for undisclosed amounts before trial. One plaintiff also asserted claims against the pickup driver. The case proceeded solely against the delivery driver. Plaintiffs' counsel argued the pickup truck was established in its lane and had the right of way, contending that only the delivery driver was negligent, or at least 90 percent responsible, citing 90 feet of skid marks. One plaintiff sustained a torn shoulder labrum and cervical injury, requiring surgery, with an orthopedic surgeon testifying to permanent pain and impairment. The other plaintiff suffered a compression fracture of vertebrae, with counsel claiming new injuries or aggravation of a pre-existing condition that impacted her rodeo career.

Defense counsel for the delivery driver argued that the pickup driver failed to yield at the stop sign, cutting off the delivery driver. The defense maintained that the delivery driver was attentive and driving within the speed limit, asserting that the pickup driver was solely negligent, or 90 percent liable. The defense questioned the plaintiffs' accounts of the accident and challenged the severity and causation of their injuries, noting a prior shoulder injury for one plaintiff and a pre-existing back condition for the other. Counsel also highlighted the limited post-accident medical treatment sought by both plaintiffs.

After a three-day trial and three hours of deliberation, the jury found both drivers negligent, assigning 70 percent fault to the delivery driver and 30 percent to the pickup driver. The jury awarded $6,763.36 for one plaintiff's past medical expenses to her mother, and $80,000 each to the two passenger plaintiffs for past and future physical pain, mental anguish, and physical impairment. The total award was $166,763.36. After reductions and the addition of taxable costs and prejudgment interest, the final judgment for all plaintiffs amounted to $145,019.02.