Galveston Jury Finds Split Liability in Auto Collision

On May 5, 2016, a collision occurred in Plano, Texas, between a pickup truck and a sedan. The plaintiff, driving a pickup, was in the outside lane of a two-way street when the defendant, operating a sedan, attempted a left turn into a parking lot. The sedan's right front corner struck the pickup's left front. The plaintiff claimed neck and back injuries and subsequently filed a lawsuit alleging the defendant's negligent operation of the vehicle. Evidence included a police report citing the defendant for failure to yield the right of way. The defendant did not attend the trial, and the defense did not contest liability. The plaintiff sought $6,295.70 for past medical expenses, alleging sprains and strains that required emergency room care and several months of chiropractic treatment. The defense argued any injuries were minor, subjective sprains and strains, with treatment primarily from a chiropractor, suggesting a jury award of $1,700 for past medical bills. After a two-hour trial, a Plano jury deliberated for 30 minutes before finding the defendant liable for the collision. The jury determined the plaintiff's total damages amounted to $12,591.40.

On May 22, 2017, a collision occurred at an intersection in Fresno, California. A retiree, driving in a left-turn-only lane, began to turn left when a pickup truck, operated by the defendant, struck the passenger side of her vehicle. The plaintiff subsequently filed a lawsuit against the driver of the pickup truck, alleging negligence in the operation of his vehicle. A separate claim against the plaintiff's own insurer for underinsured motorist benefits was later non-suited. The plaintiff contended that she had a green left-turn arrow, noting that a vehicle in an adjacent left-turn lane also proceeded. She further claimed the defendant was using a cellular phone at the time of the incident, citing records showing phone use near the accident time. The defendant, however, testified he had a green light and had completed his phone call before the collision. Defense counsel argued the plaintiff likely had a flashing yellow arrow. A city employee testified that the intersection's signal sequence would have displayed a flashing yellow arrow for a left turn before a green arrow at the time of the accident. The plaintiff claimed to have sustained multiple injuries, including a fractured shoulder, fractured ribs, a fractured sternum, a foot fracture, a spinal disc herniation, and headaches, and sought damages for past medical expenses, pain, impairment, and disfigurement. The defense focused primarily on liability but also challenged the extent of the plaintiff's injuries by presenting prior medical records showing similar pre-existing conditions and impeaching the plaintiff's testimony regarding her medical history. Following a three-day trial, the jury deliberated for 30 hours before rendering a defense verdict. The jury found the plaintiff to be the sole negligent party in the collision, resulting in a $0 award.

One driver was stopped in traffic when their vehicle was struck from behind by another vehicle. The driver who was rear-ended claimed injuries to their back and neck. The case proceeded to trial to determine damages, as liability was conceded.

A plaintiff filed a lawsuit alleging negligence after a defendant's vehicle struck the plaintiff's automobile, causing the rear window to shatter. The plaintiff claimed to suffer neck and back injuries, diagnosed as cervical and lumbar sprain/strain, and reported ongoing back spasms and pain despite physical therapy. The defendant denied the negligence allegations, disputed liability, and challenged the nature, extent, and damages associated with the plaintiff's alleged injuries. The case proceeded to trial in Texas. Following deliberations, the jury returned a verdict in favor of the plaintiff, awarding $16,500 in damages.

On December 12, 2012, a collision occurred in McKinney, Texas, involving a vehicle driven by the plaintiff, a convenience store clerk, and a vehicle operated by the defendant. The plaintiff was traveling northbound on Custer Road when the defendant, who was at a stop sign on Cotton Ridge Road, attempted a right turn. The plaintiff's vehicle struck the defendant's vehicle in the middle northbound lane of Custer Road. The plaintiff subsequently filed a lawsuit, alleging the defendant negligently entered the lane, failed to keep a proper lookout, yield the right of way, and make a safe turn. The plaintiff claimed multiple injuries from the incident. An eyewitness testified that the defendant's vehicle entered the plaintiff's lane, and both the eyewitness and the investigating officer attributed fault to the defendant. The defendant, however, denied negligence, testifying that her vehicle sustained no damage and she was unsure if contact occurred. She asserted she turned into the right lane, not the middle lane, and suggested the plaintiff may have drifted. The defense also argued the investigating officer did not witness the accident, that the corner lacked adequate lighting, and that the plaintiff's vehicle damage might have been pre-existing. The defense impeached the plaintiff regarding the time of day the accident occurred. The plaintiff claimed neck and back sprains, hip and shoulder injuries, headaches, a concussion, and post-concussion syndrome, undergoing treatment with a chiropractor, neurologist, and pain management specialist. The plaintiff sought compensation for past medical bills totaling over $37,000, along with non-economic damages. The defense countered by highlighting the plaintiff's extensive history of prior neck, back, and shoulder injuries and treatments. A defense expert, an orthopedic surgeon, testified that only a limited number of chiropractic visits were medically necessary due to the accident, estimating the related medical costs at approximately $2,000. After a one-day trial and four hours of deliberation, the jury found the defendant solely negligent. The jury awarded the plaintiff $38,842.97 in damages.