Texas Jury Awards $13,271 in Rear-End Collision

On June 4, 2013, a plaintiff, working as a parking valet, was driving a vehicle in the left northbound lane of Highway 26 in North Richland Hills, Texas. When traffic ahead stopped, the plaintiff's vehicle was rear-ended by another driver's vehicle, pushing the plaintiff's car into the vehicle ahead. A police report identified the defendant's failure to control speed as a contributing factor to the collision.

The plaintiff filed a lawsuit alleging the defendant's negligence in failing to control speed, following too closely, failing to maintain a proper lookout, and failing to brake or turn in time. The defendant stipulated to liability before trial. The plaintiff claimed various injuries, including a head contusion, cervical, thoracic, and lumbar sprains and strains, and left shoulder, knee, and chest pain. The plaintiff also asserted that the accident aggravated pre-existing osteoarthritis, leading to debilitating pain, an inability to work, and symptoms of post-traumatic stress disorder, depression, and anxiety. The plaintiff sought compensation for over $34,000 in past medical expenses, $30,000 to $40,000 for future medical care, and damages for lost earning capacity, pain and suffering, and physical impairment.

The defense argued the plaintiff lacked credibility due to inconsistent testimony, a history of felony convictions, and probation violations for illegal drug use. The defense highlighted discrepancies between the plaintiff's testimony and medical records regarding ambulatory status at the scene, prior injuries, and objective signs of injury. Furthermore, the defense contended that a more severe subsequent accident in 2015, which resulted in a fractured vertebra and ribs, broke the causal link between the 2013 incident and the plaintiff's ongoing complaints. The defense also presented evidence of minor vehicle damage to the plaintiff's vehicle and noted the Social Security Administration had denied the plaintiff's application for disability benefits.

After a three-day trial, the jury awarded the plaintiff $13,271. This amount, which covered a fraction of the plaintiff's claimed past medical expenses and other damages, suggested the jury considered the defense's arguments regarding the plaintiff's credibility and the extent of injuries attributable to the 2013 collision.