Montgomery County Jury Awards $1,984,809 in Commercial Truck Rear-End Collision

In June 2019, a commercial truck rear-ended a pickup truck stopped at a traffic signal in Montgomery County, Texas. The plaintiff, a diesel mechanic driving the pickup, claimed he sustained neck injuries, including a herniated cervical disc that required ongoing treatment and projected future surgery. He alleged that the incident impacted his earning capacity and quality of life.

The plaintiff filed a lawsuit against the commercial truck driver and his employer, alleging negligence against the driver for failing to control his speed and keep a proper lookout. The driver admitted to holding a vape pen and having an earbud in his ear at the time of the collision. The lawsuit also claimed the employer was liable for negligent hiring, retention, training, and supervision, citing the driver's history of multiple prior accidents, including some in commercial vehicles, a previous termination for a truck wreck, and reports of fatigue to the employer.

The defense disputed the extent and causation of the plaintiff's injuries, arguing that the impact was minor, as evidenced by dash-cam video showing the truck traveling at no more than 8 mph and minimal damage to the plaintiff's vehicle. The defense also pointed to gaps in the plaintiff's medical treatment. They countered the negligent hiring claims by stating the driver's prior incidents were minor, he attended safety meetings, and the company adjusted his schedule in response to fatigue concerns.

After a four-day trial, a Montgomery County jury found both defendants negligent. The jury assigned 75 percent responsibility to the employer and 25 percent to the commercial truck driver. The plaintiff was awarded a total of $1,984,809 in damages.