Port Isabel Jury Awards $49,482 in DWI Rear-End Collision

On March 29, 2013, a multi-vehicle rear-end collision occurred on the Queen Isabella Causeway, a bridge linking Port Isabel and South Padre Island. A Chevrolet Suburban, driven by one plaintiff with another plaintiff as a passenger, was struck from behind by a Ford Focus. The impact propelled the Suburban into a pickup truck ahead, which then struck another vehicle. The police report indicated the Ford driver's failure to control speed, inattention, and driving while intoxicated were contributing factors. The Ford driver's blood alcohol concentration was twice the legal limit, leading to a driving while intoxicated conviction.

The plaintiffs claimed neck and back injuries and sued the Ford driver for negligence, alleging failure to control speed, maintain a proper lookout, follow at a safe distance, brake or turn to avoid the accident, and driving while intoxicated. An initial claim against the Ford owner for negligent entrustment was nonsuited before trial. Although the defendant driver's liability coverage was exhausted, the plaintiffs continued the case to establish a foundation for their underinsured-motorist claims. Plaintiffs' counsel highlighted the defendant's DWI conviction and presented evidence that contradicted the defendant's testimony about braking before the collision. The defense argued that the plaintiffs' injuries were minor, their treatment was brief and potentially exaggerated by a chiropractor, and their medical bills were excessive.

After a two-day trial and four hours of deliberation, the jury found the defendant driver negligent. The jury initially awarded the plaintiffs $50,830. The judge subsequently ordered a remittitur, adjusting specific components of the medical bill awards for both plaintiffs. The final judgment totaled $49,482.55 in damages.