Tarrant County Jury Finds Negligence, Awards $5,394.25 in Rear-End Crash

In July 2013, a driver in Tarrant County rear-ended another vehicle. The driver of the struck vehicle claimed neck and back injuries and subsequently sued the at-fault driver for negligence, alleging a failure to control speed and maintain a proper lookout. A passenger in the struck vehicle, who was a co-plaintiff, later dropped their claims before trial.

The injured driver sought damages for neck, upper back, and head pain, including a concussion, which required emergency room treatment two weeks post-accident and follow-up care at a concussion clinic. The plaintiff presented medical bills totaling $5,394.25 and offered testimony from family members regarding the impact of the injuries. The defendant denied negligence, stating that their foot had slipped off the brake. The defense emphasized the delay in the plaintiff's medical treatment, questioned the severity of the alleged physical impairment and pain, and argued that the vehicle impact was minor, presenting photos showing minimal damage to the plaintiff's vehicle. The court allowed the photos into evidence but instructed the jury on the limited weight they should assign to vehicle damage when assessing personal injuries.

The jury found the defendant negligent and awarded the plaintiff $5,394.25, matching the amount of claimed medical expenses. The jury did not award damages for past pain and suffering or past physical impairment. Following the verdict, the court granted the plaintiff's motion for a new trial to address the unawarded damages for past pain and suffering and physical impairment.