Tarrant County Jury Awards $52,680 in Rear-End Crash, No Net Recovery

In 2011, an independent delivery driver, operating a box truck southbound on Interstate 35 West in Tarrant County near North Loop 820, stopped after witnessing an accident ahead. Another vehicle, a pickup truck pulling a trailer, then rear-ended the plaintiff's truck, pushing it into the vehicle in front. The plaintiff claimed neck and back injuries, including sprains, strains, and cervical disc bulges, and was transported to the emergency room before beginning chiropractic treatment three days later.

The plaintiff initially settled with the at-fault driver for the policy limit. Subsequently, the plaintiff filed a separate lawsuit against the underinsured motorist carrier for benefits, alleging the at-fault driver negligently failed to maintain a proper lookout, control speed, avoid following too closely, and brake effectively. The plaintiff testified to being thrown into the steering wheel, bending the dashboard, and suffering persistent pain despite treatment, leading her to sell her business and take a lower-paying job. She sought damages for past medical bills, past and future physical pain, and past and future lost earnings.

The underinsured motorist carrier did not strongly dispute the at-fault driver's negligence but contested the severity of the impact and the plaintiff's injuries. The defense noted that the vehicles' airbags did not deploy and questioned the plaintiff's credibility and memory. They highlighted that the plaintiff was referred to a chiropractor by an attorney, had no treatment for accident-related injuries after 2011, and had provided inconsistent testimony regarding the location of her worst pain, prior neck and back injuries, and the duration of her time off work.

After a 70-minute deliberation, the jury found the at-fault driver negligent and awarded the plaintiff damages totaling $52,680.75 for past medical costs, past lost earnings capability, and past physical pain. However, the plaintiff ultimately took nothing because the defendant was entitled to credits totaling $55,000, which included the initial settlement amount from the at-fault driver's liability policy and payments made under the plaintiff's medical payments coverage.