The Woodlands, Texas Jury Awards $517,285 in Texting Collision

On October 20, 2013, a collision occurred in The Woodlands, Texas, when the plaintiff, a telecommunications consultant, was driving a 2006 BMW sedan. The plaintiff proceeded through an intersection after a light turned green, when a 2013 Hyundai SUV, driven by the defendant, ran a red light while texting and struck the plaintiff's vehicle. The impact caused the plaintiff's vehicle to spin 180 degrees, and the plaintiff claimed back injuries.

The plaintiff filed a lawsuit alleging the defendant was negligent and grossly negligent for texting while driving, failing to maintain a proper lookout, running a red light, and failing to yield the right of way. The plaintiff argued the defendant's prior involvement in a rear-end collision while using a GPS demonstrated an awareness of risk, indicating conscious indifference at the time of the current accident. The plaintiff claimed the collision aggravated a congenital back defect and caused or aggravated a herniated disc, requiring future surgery. The defense did not dispute negligence but contested gross negligence, arguing there was no evidence of subjective conscious indifference. The defense also challenged the extent of the plaintiff's injuries, citing inconsistent statements in medical records about the accident's cause and a gap in treatment prior to trial.

Following a two-day trial and 2.5 hours of deliberation, the jury found the defendant both negligent and grossly negligent. The jury awarded the plaintiff $517,285. This amount included damages for past and future medical expenses, past and future physical impairment, past and future physical pain and mental anguish, and punitive damages.