San Antonio Jury Awards $1.4 million in Rear-End Collision

On February 1, 2017, in San Antonio, a journeyman electrician driving on Interstate 37 South was rear-ended while stopped in traffic. The traffic had formed due to an earlier accident involving a tractor-trailer. The trailing driver's insurer tendered its $30,000 policy limit, which the plaintiff claimed was insufficient to cover his losses from alleged back, head, and neck injuries. The plaintiff initially sued the driver and employer involved in the first accident, alleging their negligence created the hazardous traffic conditions. Those claims were resolved via a pretrial settlement with undisclosed terms.

The plaintiff then pursued a claim for underinsured motorist benefits against his own insurer, the defendant insurer. Plaintiff's counsel argued the second accident resulted from the trailing driver's failure to exercise due caution in foggy conditions. The plaintiff claimed to have suffered herniated and bulging spinal discs, a partial knee ligament tear, a concussion, and post-concussion syndrome, necessitating extensive treatment and multiple recommended fusion surgeries. The plaintiff sought approximately $3 million for future medical expenses, along with damages for lost earnings and pain.

The defendant insurer's counsel countered that the second accident was caused by fog or the traffic jam from the initial accident. They contended the plaintiff was not severely injured, suggesting treatment was attorney-referred, and highlighted the plaintiff's 10-to-15-year history of back and neck ailments. Following a four-day trial, a jury deliberated for five hours before finding the trailing driver liable for the second accident. The jury determined the plaintiff's total damages amounted to $1.4 million. The plaintiff recovered $1 million, which represented the limit of the defendant insurer's underinsured motorist coverage.