Texas Jury Finds Comparative Negligence, Awards $9,006 in Lane Change Collision

On September 30, 2017, a collision occurred on 610 South Loop involving a pickup truck, driven by one laborer with a coworker as a passenger, and a sport utility vehicle operated by the defendant. Both vehicles were traveling eastbound when their left and right sides made contact. Police at the scene could not determine fault. The laborers subsequently filed a lawsuit against the sport utility vehicle's driver, alleging negligence in vehicle operation and claiming neck and back injuries.

The plaintiffs contended that the defendant had unsafely changed lanes into their path. They claimed to have suffered significant injuries, including multiple intervertebral disc herniations, requiring extensive medical treatment such as epidural steroid injections and physical therapy. One plaintiff also underwent a lumbar microdiscectomy. They sought substantial past medical expenses and damages for pain and physical impairment. The defense, however, argued that its driver was established in his lane and that the pickup truck's driver had unsafely changed lanes. The defense also questioned the causation of the claimed injuries, asserting the impact was minor, and argued that the claimed medical expenses were excessive.

After a two-day trial, the jury deliberated for 1.5 hours and found both drivers negligent. The pickup truck's driver was assigned 60% of the fault, and the sport utility vehicle's driver was assigned 40%. The jury awarded the plaintiffs a total of $73,196, all for past medical expenses, with $50,681 designated for the pickup truck's driver and $22,515 for the passenger. However, due to the comparative negligence findings, the pickup truck's driver received no damages, and the passenger's award was reduced to $9,006.