San Antonio Backing Collision Settles for $75,000

On January 13, 2015, a collision occurred in San Antonio, Texas, when the plaintiff's 2007 Hyundai Elantra collided with the defendant's 2014 Cadillac ATS sedan. The incident happened as the defendant backed out of a driveway onto Manderly Place. An investigating officer noted the defendant was at fault for unsafe backing and possible inattention, though no formal accident report was generated. The plaintiff claimed the accident aggravated pre-existing left shoulder and lower back pain, leading to medical bills of over $23,000 and claims for an additional $385,000 in future medical expenses, as well as damages for pain and impairment.

The plaintiff filed a lawsuit alleging the defendant's negligence, specifically citing failure to keep a proper lookout, unsafe backing, and failure to yield the right of way. The defense argued the plaintiff should have seen the defendant's vehicle after it backed out and could have avoided the collision. Regarding the plaintiff's injuries, the defense contended that recommended surgeries were unnecessary or were related to pre-existing conditions rather than the accident. A defense expert in orthopedic surgery provided an opinion on the medical claims.

Following mediation, the parties reached a settlement. The case concluded with a $75,000 payment to the plaintiff, resulting from a mediator's proposal. The settlement amount was within the defendant's $100,000 insurance policy limit.