Texas Motor Vehicle Collision Settles for $1.95 Million

A collision occurred in Texas when a defendant driver backed a trailer across a roadway. The trailer was owned by one entity and contained feed belonging to another. The plaintiff subsequently filed a lawsuit, alleging the driver was negligent for backing under unsafe conditions and failing to maintain a proper lookout. The plaintiff also named the trailer owner and the feed owner in the suit, though these claims were not strongly pursued.

The plaintiff’s accident reconstruction expert testified that the defendant driver's backing maneuver was unsafe given the speed limit and lighting conditions, arguing that a driver traveling at the speed limit could not have stopped in time to avoid the collision. The plaintiff sustained extensive injuries, undergoing multiple surgeries and rehabilitation, including treatment for fractures to both femurs, a calcaneus fracture, and an elbow fracture. The plaintiff claimed permanent limitations, including an inability to stand or walk for prolonged periods, which impacted their ability to work and care for young children. The plaintiff sought approximately $200,000 for past medical bills, $400,000 for future medical expenses, $56,700 for past lost earnings, and $1.25 million for future lost earnings, though the claim for lost earnings was complicated by a limited work history primarily based on tips. Claims for past and future physical pain, mental anguish, physical impairment, and disfigurement were also made.

The defense argued that the plaintiff failed to maintain a proper lookout, control speed, and timely apply brakes. The case settled for $1.95 million before proceeding to trial. The defendant driver had $1 million in primary insurance coverage and an additional $5 million in excess coverage available.