$40,155 Motor Vehicle Accident Case
One driver was stopped in traffic on a highway when the other driver rear-ended her. The injured driver suffered injuries to her head, neck, and back, along with pain and mental anguish. She sued the other driver for negligence. The defense argued comparative negligence and that the injured driver's prior injuries were the cause of her current pain. The court entered a default judgment for the injured driver after the defense counsel failed to attend pretrial conferences.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $40,155
- County
- Harris County, TX
- Resolved
- 2021
Injury & Accident Details
- Injury Type
- Neck Injury (Whiplash)
- Accident Type
- Rear-end
- Case Type
- Motor Vehicle Negligence
Case Overview
On April 4, 2018, a collision occurred on the 610 Loop in Houston, Texas, at the merge to 45 south. The plaintiff's vehicle was stopped in traffic when it was rear-ended by the defendant's vehicle. As a result, the plaintiff sustained injuries to her head, neck, and back, along with bruising, pain, and mental anguish.
The plaintiff filed a lawsuit on March 3, 2020, alleging the defendant acted negligently by failing to keep a proper lookout, failing to avoid the collision, failing to maintain a reasonable distance, operating at excessive speed, and failing to apply brakes in a timely manner. The defendant issued a general denial on April 13, 2020. The defense asserted claims of comparative negligence and invoked the Doctrine of Comparative Fault. The defendant also argued that he drove prudently and that the plaintiff's sudden stop made the collision unavoidable, further claiming the plaintiff's injuries were pre-existing from prior accidents.
The case proceeded to court, but the defendant's counsel failed to attend scheduled pretrial conferences. Consequently, on June 10, 2021, the court entered a default judgment in favor of the plaintiff for $40,155.18. This amount included damages for past and future medical expenses, pain and suffering, and mental anguish.
Following the judgment, the defendant filed motions to set aside the default judgment and for a new trial, asserting his counsel's absence was a mistake and that he had a meritorious defense. A hearing was scheduled, but the case was ultimately terminated, and the default judgment in favor of the plaintiff remained in place.
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