Verdictly
Verdict-Plaintiff
Dallas County • 2016

Hidalgo Jury Awards $810,000 in Fatal Pedestrian Accident

A driver struck and killed a pedestrian in a crosswalk at night. The pedestrian's estate sued the driver and his employer, alleging negligence. The defense argued the pedestrian was also at fault. The jury found the driver negligent but also found the pedestrian partially responsible. The estate was awarded damages for the pedestrian's pain and suffering.

Case Information Updated: October 2025

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Head/Brain Injury
Pedestrian
Motor Vehicle Negligence

Case Outcome

Outcome
Verdict-Plaintiff
Amount
$900,000
County
Dallas County, TX
Resolved
2016

Injury & Accident Details

Injury Type
Head/Brain Injury
Accident Type
Pedestrian
Case Type
Motor Vehicle Negligence

Case Overview

On March 27, 2014, a pedestrian was fatally struck by a van while crossing East Coma Avenue in a marked crosswalk in Hidalgo. The westbound van, driven by an employee of a transit service company, collided with the pedestrian, who sustained fatal injuries. The pedestrian's estate, represented by his brother, subsequently sued the driver and the employer, alleging negligence for failing to keep a proper lookout, yield the right of way, and control the vehicle's speed.

The plaintiff argued the driver was solely negligent. Surveillance video confirmed the pedestrian was in the crosswalk, and accident reconstruction experts for both sides agreed the van was speeding at impact, though they differed on the exact velocity. Experts also concluded that if the driver had adhered to the speed limit, the pedestrian would not have been in the intersection at the time of the van's passage. The defense contended the pedestrian was contributorily negligent for failing to keep a proper lookout and cited challenging environmental conditions, including dark streets and glare, as factors preventing the driver from seeing the pedestrian. The plaintiff's counsel highlighted that the driver initially provided no excuse for failing to see the pedestrian, and the defense's environmental theory developed later. Damages sought were limited to the pedestrian's conscious pain and suffering, which a defense medical expert disputed.

Following a five-day trial, a Hidalgo jury found both parties negligent. The jury assigned 90 percent of the fault to the driver and 10 percent to the pedestrian, awarding $900,000 for pain and suffering. After accounting for comparative responsibility, the net award to the estate totaled $810,000. The defense subsequently filed post-trial motions challenging the verdict.

VerdictlyTM Score

70
/100
Reasonably Fair

This outcome is within expected ranges

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