Houston Jury Awards $500,000 in Underinsured Motorist Claim
One driver ran a red light and hit another vehicle carrying a driver and two passengers. The driver who ran the red light was operating a tractor-trailer. The driver of the other vehicle sustained a serious disc injury requiring surgery. One passenger had a knee injury and concussion, and the other passenger had neck and back injuries and a concussion. The parties settled the initial claims. The driver then pursued underinsured motorist benefits from his own insurance company.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Settlement
- Amount
- $729,994
- County
- Harris County, TX
- Resolved
- 2015
Injury & Accident Details
- Injury Type
- Cervical Disc Injury
- Accident Type
- Truck/Commercial
- Case Type
- Motor Vehicle Negligence, Intersection Collision
Case Overview
On March 9, 2008, a vehicle driven by an adult plaintiff and carrying his two minor sons was struck by a tractor-trailer at the intersection of West Little York Road and the Sam Houston Tollway in Houston, Texas. The adult plaintiff was lawfully proceeding through the intersection with a green light when the tractor-trailer, driven by a defendant and owned by a defendant company, failed to stop for a red light and entered the intersection. The plaintiffs alleged the driver operated the vehicle negligently and the company negligently entrusted the vehicle and was liable under the *Respondeat Superior* doctrine.
The adult plaintiff sustained a serious cervical disc injury requiring fusion surgery, which resulted in ongoing symptoms and the likelihood of further surgery. His 11-year-old son suffered a knee contusion and sprain, soft tissue injuries, and a serious concussion that prevented participation in contact sports. The 8-year-old son also sustained soft tissue injuries and a concussion. The defendants denied negligence, arguing the adult plaintiff's cervical injuries were degenerative. The parties settled the initial claims for a total of $729,994.
Subsequently, the adult plaintiff filed an underinsured motorist claim against his own insurance company, asserting the initial settlement was insufficient compensation for his damages. The insurance company denied entitlement to benefits. A jury later awarded the plaintiff $660,000 for past damages and $165,675 for future damages, totaling $825,675. The court entered a judgment for $500,000, consistent with the defendant insurance company's policy limit.
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In January 2015, a plaintiff, a financial planner, was involved in a multi-vehicle collision on Eldorado Parkway in McKinney. The plaintiff's pickup truck was struck from the rear by another pickup, driven by a 16-year-old, which propelled the plaintiff's vehicle into a preceding car. The plaintiff initially reported neck, back, and head injuries, later alleging a traumatic brain injury and subsequent cognitive impairment. The plaintiff sued the teenage driver for negligence in operating the vehicle and initially sued the driver's parents, as owners of the vehicle, for negligent entrustment. Claims against the parents were later dismissed. The defendant driver conceded liability for the collision, and the trial proceeded solely on the issue of damages. The plaintiff sought over $812,000, including significant damages for loss of earning capacity, past and future mental anguish, and physical pain and impairment. An economist expert for the plaintiff testified to over $600,000 in lost earning capacity. The defense acknowledged soft-tissue injuries but disputed the severity and causation of the alleged traumatic brain injury. Defense counsel highlighted that the plaintiff initially denied injury at the scene, did not report head injury complaints for several months, and underwent neurological and neuropsychological testing that was largely normal. A defense neurology expert opined that memory and cognitive complaints were not caused by the accident, while a defense economics expert challenged the plaintiff's methodology for lost earning capacity. The defense also noted the plaintiff had not sought treatment for more than three years prior to trial. After a three-day trial, the jury deliberated for three hours and returned a verdict, awarding the plaintiff $22,000. However, the parties had previously entered a high-low agreement, setting parameters between $50,000 and $450,000. Pursuant to this agreement, the plaintiff recovered $50,000.
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