San Antonio Rear-End Collision Back Injury Case Settles for $100,000

In June 2012, a 53-year-old plaintiff, a meat and produce clerk, was driving northbound on Bandera Road in San Antonio, Texas, when their vehicle was rear-ended by a 2005 Toyota Camry. The investigating officer concluded that the defendant’s inattention contributed to the collision. The plaintiff subsequently claimed a back injury.

The plaintiff filed a lawsuit against the defendant, alleging negligent failure to maintain a proper lookout, control speed, take evasive action, or brake timely. The defense largely conceded negligence, with the defendant admitting a lack of attention. However, the central dispute revolved around the causation and extent of the plaintiff's lumbar injuries. The plaintiff claimed disc protrusion and severe stenosis, and underwent chiropractic care. Following the accident, the plaintiff reported multiple work-related slips and falls that led to further back pain, emergency room visits, and eventually, spinal surgery in 2014. A treating neurosurgeon testified for the plaintiff, stating the initial accident was a "triggering factor" for the plaintiff's progressive spinal deterioration and surgical procedures. The defense argued that the plaintiff's extensive back issues were degenerative and primarily resulted from these subsequent work-related incidents, not the traffic collision.

The plaintiff presented evidence of approximately $68,000 in incurred medical expenses, including the spinal surgery, and estimated future medical costs ranging from $50,000 to $100,000 for additional procedures. An economics expert for the plaintiff calculated the present value of future medical expenses. The parties reached a settlement for $100,000, which represented the limit of the defendant's insurance policy.