Texas Jury Finds Split Negligence, Awards $67,763 in Rear-End Crash

On February 12, 2015, a rear-end collision occurred when a vehicle operated by the defendant driver struck another vehicle carrying the plaintiff driver and two passenger plaintiffs. The plaintiffs alleged the defendant driver, who was reportedly using a cell phone, fled the scene without providing information or aid. The lawsuit claimed the defendant driver was acting within the scope of employment for the defendant company, Tower One International, LLLP.

The plaintiffs further alleged that Tower One International, LLLP, negligently entrusted the vehicle to the defendant driver, who was classified as a "High Risk Driver" by company policy. They claimed the company knew or should have known the driver was unlicensed, incompetent, or reckless, and failed to provide adequate safety training, supervision, or monitoring. The plaintiffs sought damages for past and future medical expenses, pain and suffering, mental anguish, and physical impairment.

The defendants filed a general denial, disputing all allegations and claiming the plaintiffs sustained no injuries or damages due to their actions. They asserted that the plaintiff driver's negligence was the sole proximate cause of the incident and raised claims of comparative negligence. The defendants also denied elements of negligent entrustment, hiring, supervision, retention, training, contracting, and maintenance. Prior to trial, the court granted motions by the plaintiffs regarding evidence exclusion.

On November 21, 2019, a jury found both the plaintiff driver and the defendant driver negligent in causing the collision, assigning 45% responsibility to the plaintiff driver and 55% to the defendant driver. Tower One International, LLLP, was found 0% responsible. The jury awarded damages totaling $67,763.58, including prejudgment interest and court costs, against the defendants. The plaintiff driver received $8,800, the first passenger plaintiff received $20,000, and the second passenger plaintiff received $16,000, plus interest.