Houston Jury Awards $15,537 in Split Liability Rear-End Crash

On September 2, 2016, a collision occurred in a Plano parking lot. A plaintiff, a hotel hostess and gift-shop attendant, was driving in an aisle next to a street when a defendant, driving on the street, made a right turn into the parking lot driveway. The vehicles collided. The plaintiff claimed neck, back, and knee injuries and subsequently sued the defendant, alleging negligence in the operation of her vehicle. The plaintiff testified that she was making a left turn at the driveway when the defendant turned into it, claiming the driveway was wide enough for two vehicles but the defendant made too wide a turn. The defendant denied making a wide turn, asserting her turn was completed when the plaintiff's vehicle scraped across her front end. Photos of vehicle damage, showing front-distributed damage to the defendant's car and left front corner to driver's door damage to the plaintiff's, were presented as evidence, which defense counsel argued supported the defendant's account. The plaintiff underwent various treatments, including emergency room care, physical therapy, pain management, and MRIs revealing a meniscus tear, disc protrusions, stenosis, and a disc bulge. She sought damages for past and future medical expenses, physical pain, mental anguish, and physical impairment. Defense counsel argued the impact was not major, highlighted delays and gaps in the plaintiff's treatment, and impeached the plaintiff with evidence of a prior accident and chiropractic care despite her testimony denying previous injuries. Following a one-day trial, a jury rendered a defense verdict. The jury found that neither party's negligence, if any, proximately caused the accident. Consequently, the damages question was not addressed.

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.

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.

One driver stopped for a school bus and was hit from behind by a pickup truck. The pickup truck driver was distracted by a cell phone call. The injured driver claimed back and neck injuries. The case proceeded to trial against the pickup truck driver and his employer.

One driver was stopped in traffic when the other driver rear-ended her. The injured driver claimed neck and back strains, sprains, and shoulder pain. She also claimed anxiety for her unborn child. The defense argued that the defendant's actions did not cause the injuries and questioned the extent of the claimed damages.