Houston Judge Awards $41,765.44 in Rear-End Collision
One driver rear-ended another vehicle while traveling on a highway. The occupants of the struck vehicle sustained personal injuries and filed a lawsuit. They alleged the other driver was negligent in failing to maintain proper lookout and control of their vehicle. The case proceeded to trial, and a default judgment was entered in favor of the plaintiffs.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $41,765
- County
- Harris County, TX
- Resolved
- 2021
Injury & Accident Details
- Injury Type
- Back Strain / Soft Tissue
- Accident Type
- Rear-end
- Case Type
- Motor Vehicle Negligence
Case Overview
On August 7, 2016, two plaintiffs sustained personal injuries in a motor vehicle accident when the defendant driver rear-ended their vehicle in the 700 block of N Beltway 8 E in Houston, Texas. The plaintiffs filed a lawsuit on August 7, 2018, alleging the defendant driver was negligent in failing to control speed, maintain a proper lookout, yield right-of-way, and keep an assured clear distance. The plaintiffs also sought coverage under the uninsured motorist provision of their automobile policy, as the defendant driver was reportedly uninsured.
The plaintiffs' insurer filed an answer, admitting to issuing an automobile policy but asserting a general denial, limiting liability to policy terms, and claiming credit for any payments from the alleged underinsured motorist. The insurer further argued that the plaintiffs failed to establish legally recoverable damages, that their own negligence contributed to the incident, and that medical expense recovery was limited to amounts actually paid or incurred. The defendant driver denied negligence, asserting the plaintiffs' negligence was the sole proximate cause of the incident. The plaintiffs experienced difficulties serving the defendant driver, requiring court-approved substitute service.
On November 29, 2020, the plaintiffs non-suited their claims against the insurer with prejudice. The defendant driver subsequently failed to appear for trial, leading the court to grant a default judgment in favor of the plaintiffs on June 28, 2021. One plaintiff was awarded $8,006.00 for medical bills and $5,000.00 for past physical pain and suffering. The second plaintiff received $18,759.44 for medical bills and $10,000.00 for past physical pain and suffering. The judgment also included court costs and post-judgment interest.
The defendant driver filed a motion to set aside the default judgment on July 28, 2021, claiming improper service and that the awarded damages were unsupported by evidence. The court denied this motion on April 29, 2022. The total award was $41,765.44.
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