Harris County Jury Awards $75,000 in Collision Negligence

In Plano, Texas, a collision occurred on the President George Bush Turnpike when a loan officer, driving a Mercedes-Benz sedan, stopped at a yield sign and was rear-ended by another vehicle. The plaintiff, the driver of the Mercedes-Benz, filed a lawsuit alleging negligence against the defendant, claiming failures to maintain a proper lookout, control speed, avoid following too closely, and brake to prevent the accident. The defendant stipulated to liability, and the case proceeded to determine damages. The plaintiff claimed the accident caused a lumbar disc bulge, along with neck and left shoulder sprains and strains. She underwent chiropractic care and saw a pain management specialist, who recommended epidural steroid injections which she did not receive. The plaintiff testified that her lower back pain persisted, impacting her ability to bike with her daughter and run competitively. She sought nearly $21,000 for past medical bills, $1,880 for past lost wages, and additional damages for future medical care, future lost earnings, and past and future pain and impairment, totaling approximately $80,000. Her treating doctor testified that her back pain could require future chiropractic care. The defense disputed the extent of the plaintiff's damages, arguing the impact was minor, citing minimal damage to the plaintiff's vehicle. Defense counsel challenged the plaintiff's credibility, highlighting inconsistencies between her trial and deposition testimony regarding the impact's severity, and questioning her physical difficulties in court. A defense expert opined that the duration and cost of the plaintiff's medical treatment were excessive, and the defense noted all treatment was attorney-referred. The defense suggested an award of $5,000 for past medical bills and zero for other damages. After a two-day trial and four hours of deliberation, the jury awarded the plaintiff $7,721 for past medical bills only. However, due to a pre-existing high-low agreement between the parties, with parameters set between $20,000 and $49,500, the defendant's insurer paid the plaintiff $20,000, plus a portion of taxable costs.

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 January 3, 2017, a collision occurred on U.S. Highway 75 in Allen, Texas. A sedan, driven by the plaintiff, was traveling northbound when a pickup truck, driven by the defendant, entered the plaintiff's lane. The rear corner of the pickup truck struck the front corner of the sedan. The plaintiff sustained back and neck injuries, including herniated discs and sprains, and subsequently filed a lawsuit alleging the defendant's negligent operation of his vehicle, specifically an unsafe lane change. The plaintiff sought damages for past and future medical expenses, pain and suffering, mental anguish, and physical impairment, totaling approximately $66,500. The defendant countered that an unknown vehicle had cut him off, forcing him to swerve into the plaintiff's lane, and designated the unknown driver as a responsible third party. While a police report diagram showed an unknown vehicle, the investigating officer primarily faulted the defendant for an unsafe lane change and faulty evasive action. The defense also challenged the extent and necessity of the plaintiff's medical treatment, noting a history of prior accident-related medical claims and presenting expert testimony that reasonable past medical expenses would be significantly lower than claimed. Following a trial, the jury returned a defense verdict. Jurors found that negligence and proximate cause rested solely with the unknown driver, thereby absolving the defendant of liability. Although the jury did answer the damages question, awarding $3,500, the plaintiff ultimately received no compensation because the finding of liability did not extend to the defendant in the case.

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.

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.