Texas Rear-End Collision Negligence Settles for $15,000

On April 25, 2018, a driver and her minor daughter were involved in a rear-end collision on Hazard Street at Alabama Street. Both occupants sustained head injuries. The plaintiff driver reported ongoing pain in her head, neck, shoulders, and back, with daily back pain rated at 8/10. The minor plaintiff also suffered injuries in the accident and later experienced burns during physical therapy treatment for those injuries.

The plaintiff driver, individually and as next friend for her minor daughter, filed a lawsuit on June 28, 2019, alleging the defendant's negligence. Claims included failure to keep a proper lookout, failure to control the vehicle, failure to maintain proper speed, failure to yield right of way, driver inattention, operating the vehicle unsafely, and driving while distracted. The plaintiffs sought damages for physical pain, mental anguish, physical impairment, and medical expenses. The defendant filed a general denial, arguing that the plaintiffs' damages were due to independent, intervening, or superseding causes not related to the defendant's actions.

The court appointed a guardian ad litem for the minor plaintiff, and the parties entered into settlement negotiations. On December 13, 2022, the court approved a compromise settlement totaling $15,000. The settlement allocated $7,500 to the plaintiff driver and $7,500 to the minor plaintiff. Of the minor's portion, $3,202.50 was ordered to be held in trust by the Clerk until she reached age 18, with remaining funds covering attorney's fees, court costs, and medical expenses.