San Antonio Jury Awards $291,550.20 in Rear-End Collision

On May 14, 2013, a 43-year-old special education teacher was driving on Interstate 410 near Exit 24 in San Antonio when her vehicle was rear-ended. She subsequently stated her foot slipped onto the gas pedal, causing her to rear-end the vehicle ahead. The plaintiff filed a lawsuit against the driver who initially struck her vehicle, alleging negligence for failing to maintain a proper lookout and control his speed.

The plaintiff claimed neck and lower back injuries, including herniated and bulging discs, muscle spasms, and radicular pain. She sought extensive medical treatment, including chiropractic care, physical therapy, pain management injections, and orthopedic evaluations. An orthopedic surgeon testified at trial that the plaintiff was a candidate for cervical and lumbar decompression surgeries, estimated to cost hundreds of thousands of dollars. The plaintiff testified that her injuries caused ongoing pain and significantly hindered her ability to perform daily activities and job duties. An investigating officer testified that the defendant's inattention and speed were the sole contributing factors to the multi-vehicle collision.

The defendant testified that he briefly looked away from the road to check his vehicle's gauges when traffic suddenly slowed, arguing he acted reasonably. The defense contended that the second impact resulted from the plaintiff's own actions, not the defendant's negligence. The defense also argued that the plaintiff's claimed injuries were inconsistent with the minimal damage to her vehicle, were degenerative in nature, and did not warrant the amount of treatment she underwent or any future care, noting a three-year gap in her treatment.

After a three-day trial and four hours of deliberation, a jury found the defendant solely negligent and awarded the plaintiff $291,550.20. Following the verdict, the parties reached a confidential post-verdict settlement through mediation.