Harris County Judge Awards $12,447 in Auto Negligence Default Judgment

On January 3, 2017, a collision occurred on U.S. Highway 75 in Allen, Texas. The plaintiff was driving north when the defendant, in an adjacent lane, entered the plaintiff's lane. The defendant's pickup truck and the plaintiff's sedan collided. The plaintiff claimed injuries to her back and neck. The plaintiff filed a lawsuit alleging the defendant's negligence in operating his vehicle, specifically an unsafe lane change that caused the collision. She asserted herniated cervical discs, along with back and neck sprains and strains. She underwent physical therapy and received lumbar injections, testifying to ongoing pain that limited her daily activities. The plaintiff sought damages for past and future medical expenses, pain and suffering, mental anguish, and physical impairment. The defendant countered that an unknown vehicle had cut him off, forcing him to swerve. While the police report noted an unknown vehicle, the investigating officer faulted the defendant for an unsafe lane change. The defense questioned the reasonableness and necessity of the plaintiff's medical treatment, noting a prior motor vehicle accident and attorney involvement in treatment decisions. A defense expert opined that a significantly lower amount for past medical expenses would have been reasonable. The jury returned a defense verdict. It found negligence and proximate cause applied solely to the unknown driver, not the named defendant. Although the jury answered the damages question and awarded $3,500, the plaintiff took nothing from the named defendant because no liability was assigned to the defendant.

In May 2018, a plaintiff's vehicle was rear-ended by a trailing car on Highway 121 near Preston Road in Frisco, Texas. The plaintiff, who claimed neck and back injuries, subsequently sued the driver of the trailing car for negligence. An initial claim against the alleged owner of the trailing vehicle, based on vicarious liability, was discontinued during trial. The plaintiff contended that the defendant failed to maintain due caution during a severe rainstorm and that the plaintiff's vehicle lights were activated. The plaintiff sought damages for past medical expenses, pain, and anguish, along with future pain and anguish, totaling over $27,000. The defense argued the plaintiff's vehicle lights were not on, hindering visibility. The defense also maintained that the collision was minor and could not have caused the claimed injuries, presenting photographs showing minimal vehicular damage. Following a two-day trial and 28 hours of deliberation, the jury rendered a defense verdict. The jury did not find that either party's negligence proximately caused the accident.

A vehicle collision in Collin County, Texas, prompted a lawsuit seeking damages for personal injuries. The plaintiffs alleged they were injured when their vehicle was rear-ended by a vehicle operated by the defendant. They filed a complaint in the District Court for Collin County, Texas, seeking to recover for their injuries. One plaintiff's claim was severed and tried separately. In the initial trial involving two plaintiffs, a jury found all parties negligent. The jury apportioned 98 percent of the responsibility to one plaintiff, 1 percent to another plaintiff, and 1 percent to the defendant. No damages were awarded. The court subsequently entered a take-nothing judgment in favor of the defendant. Later, a jury rendered a verdict in favor of the defendant on the severed claim, and judgment was entered accordingly. An appellate court later affirmed the trial court's decisions.

On February 20, 2015, a collision occurred on President George Bush Turnpike in Collin County involving a 2008 Chevrolet HHR driven by the plaintiff and a 2013 GMC Sierra driven by the defendant. The plaintiff alleged the defendant unsafely changed lanes, striking the plaintiff's vehicle, which then hit a concrete barrier. The plaintiff further claimed the defendant stopped suddenly on the shoulder, causing the plaintiff to rear-end the defendant. The plaintiff, who sustained neck, back, and knee injuries, subsequently filed a lawsuit alleging the defendant's negligence, including failure to maintain a single lane, unsafe lane change, improper lookout, and unsafe stopping. The defendant countered that the plaintiff initiated the collision by moving into the defendant's lane. The defendant stated that the plaintiff then stopped on the shoulder, and the defendant stopped normally about 100 yards ahead, before the plaintiff intentionally rear-ended the defendant. Following the collision, the plaintiff admitted to physically assaulting the defendant, citing anger over the incident and the defendant's alleged sudden stop. The plaintiff sought compensation for past medical bills totaling $22,469, past lost wages, and past and future pain, suffering, and mental anguish. The defense contended the plaintiff's claimed injuries were pre-existing and challenged the plaintiff's credibility, noting inconsistencies in past medical history and that the lost wage claim was supported solely by the plaintiff's testimony. After a two-day trial, the jury deliberated for two hours. The jury concluded that only the plaintiff was negligent in the incident and awarded zero damages.

One driver was stopped at a red light when the other driver rear-ended their vehicle. The driver who was rear-ended claimed injuries to their neck and lower back. The other driver argued they were not negligent and that the impact was minor. The jury found the driver who caused the collision not liable.