San Antonio Jury Awards $8,811.32 in Rear-End Collision

In April 2017, a livery vehicle driver was involved in a rear-end collision in San Antonio. The plaintiff claimed his vehicle was struck by a trailing vehicle, operated by the defendant, while stopped at a red traffic signal. The plaintiff subsequently filed a lawsuit alleging the defendant’s negligent operation of the vehicle caused the incident and resulted in a back injury, specifically a herniated lumbar disc and radiating pain.

The plaintiff asserted he initially sought chiropractic and physical therapy treatment. An orthopedic surgeon later recommended painkilling injections and ultimately suggested a lumbar discectomy and fusion. The plaintiff testified to worsening pain and a willingness to undergo surgery if affordable, claiming the injuries prevented him from playing recreational softball. He sought significant damages for past and future medical expenses, lost earnings, pain, anguish, and physical impairment.

The defendant argued the plaintiff had veered into his path and stopped suddenly, suggesting either no party was negligent or the plaintiff was solely at fault. Defense counsel challenged the extent and ongoing nature of the plaintiff's injuries, noting a lack of treatment since October 2017, the plaintiff's initial reluctance for surgery, and records from a final chiropractic visit indicating "no pain." The defense also highlighted the plaintiff’s participation in softball after the accident and contrasted the defendant’s immediate medical transport with the plaintiff’s post-incident actions.

After a two-day trial, the jury deliberated for two hours and found the defendant liable for the collision. The jury awarded the plaintiff $8,811.32 in damages. This award included all past medical expenses, except those related to the orthopedic surgeon, and past lost earnings, but significantly reduced or eliminated claims for future medical expenses, future lost earnings, and all categories of pain, anguish, and impairment.