Texas Jury Finds Negligence, Awards $71,153.28 in Rear-End Crash

On April 22, 2013, a vehicle occupied by two plaintiffs, a retiree and her husband, was rear-ended on West Lake Houston Parkway by a pickup truck. The plaintiffs sued the truck's driver and his employer, alleging the driver was negligent in operating the vehicle and that the employer was vicariously liable. The husband plaintiff died in 2015 from causes unrelated to the accident.

Plaintiffs' counsel contended the driver failed to keep a proper lookout and control his speed. An investigating officer and an independent eyewitness supported this claim, with photos showing significant damage to the plaintiffs' vehicle. The wife plaintiff reported neck, back, and head pain, including a resolved subdural hematoma, and later, post-traumatic stress disorder. The husband plaintiff complained of neck, back, and arm pain. Both underwent physical therapy and neurosurgeon evaluations for degenerative changes and disc issues. The defense denied negligence, arguing the wife plaintiff was driving and had stopped inexplicably in a traffic lane, and contended both plaintiffs had pre-existing conditions.

After a three-day trial, the jury found both the defendant driver and the wife plaintiff negligent, attributing 80 percent of the responsibility to the driver and 20 percent to the wife plaintiff. The wife plaintiff was awarded $53,171.39, which was reduced to $42,537.11 due to her comparative negligence. The husband plaintiff was awarded $28,616.17 in damages.