Verdictly
Mixed
Harris County • 2015

Houston Jury Awards $330,000 in Rear-End Collision

One driver was operating a vehicle on a public road during rainy, dark conditions. The other party was operating heavy construction equipment on the same road. The driver collided with the rear of the construction equipment. Both parties were found to be negligent, with the injured driver bearing the majority of the fault.

Case Information Updated: October 2025

Back to cases
Leg / Foot Injury
Rear-end
Motor Vehicle Negligence

Case Outcome

Outcome
Mixed
Amount
$330,000
County
Harris County, TX
Resolved
2015

Injury & Accident Details

Injury Type
Leg / Foot Injury
Accident Type
Rear-end
Case Type
Motor Vehicle Negligence, Rear End Collision

Case Overview

On October 26, 2012, a plaintiff operating a vehicle on Kingsland Boulevard in Houston, Texas, collided with the rear of a slow-moving piece of heavy construction equipment. The incident occurred during dark and rainy conditions, and witnesses stated the machinery was not well lit. The plaintiff sustained fractures to the right tibia, fibula, and ankle, requiring surgery and subsequent treatment for an infection. These injuries resulted in permanent pain, a limp, and an altered gait.

The plaintiff filed a personal injury lawsuit, alleging the defendants negligently operated the construction equipment on a public roadway. Specific claims included failing to properly illuminate the machinery, not using an escort to warn drivers, and operating the equipment at a dangerously low speed. The defendants denied negligence, asserting that the plaintiff's inattentiveness or failure to maintain a proper lookout caused the collision, noting other traffic had observed and avoided the machinery.

A jury found both the plaintiff and the defendants negligent. Liability was apportioned at 49% to the plaintiff, 15% to the construction company that owned the equipment, 35% to the masonry company using it, and 1% to the equipment operator. The jury awarded the plaintiff $330,000 in total damages, which the court subsequently reduced based on the plaintiff's comparative negligence.

VerdictlyTM Score

50
/100
Questionable

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