Texas Failure to Yield Collision Settles After Comparative Negligence Verdict

On January 23, 2016, a motor vehicle accident occurred when the defendant reportedly failed to yield the right of way and collided with the plaintiff's vehicle. The plaintiff sustained physical, mental, and emotional injuries. In October 2016, the plaintiff filed a personal injury lawsuit, alleging negligence including failure to yield, excessive speed, and texting while driving. The plaintiff sought damages for medical expenses, lost income, and property damage.

The defendant filed a general denial, asserting a claim for comparative negligence under Chapter 33 of the Texas Civil Practice and Remedies Code. The case involved mediation and multiple continuances. In January 2019, the court granted the plaintiff's motion to strike an expert's counter-affidavit that had attempted to dispute the plaintiff's medical expenses.

The case went to trial in February 2019. The jury found the defendant 90% responsible for the accident and the plaintiff 10% responsible. The court initially rendered judgment for the plaintiff for actual damages, including past medical expenses and vehicle repair costs, after applying a 10% reduction based on comparative negligence. An amended judgment later reduced the medical care expenses and adjusted the overall award. In May 2019, the parties reached a resolution, leading the plaintiff to file a notice of non-suit, and the court subsequently dismissed the case with prejudice.