Odessa Motor Vehicle Negligence Settles for $32,500

On May 22, 2017, a collision occurred at an intersection in Fresno, California. A retiree, driving in a left-turn-only lane, began to turn left when a pickup truck, operated by the defendant, struck the passenger side of her vehicle. The plaintiff subsequently filed a lawsuit against the driver of the pickup truck, alleging negligence in the operation of his vehicle. A separate claim against the plaintiff's own insurer for underinsured motorist benefits was later non-suited. The plaintiff contended that she had a green left-turn arrow, noting that a vehicle in an adjacent left-turn lane also proceeded. She further claimed the defendant was using a cellular phone at the time of the incident, citing records showing phone use near the accident time. The defendant, however, testified he had a green light and had completed his phone call before the collision. Defense counsel argued the plaintiff likely had a flashing yellow arrow. A city employee testified that the intersection's signal sequence would have displayed a flashing yellow arrow for a left turn before a green arrow at the time of the accident. The plaintiff claimed to have sustained multiple injuries, including a fractured shoulder, fractured ribs, a fractured sternum, a foot fracture, a spinal disc herniation, and headaches, and sought damages for past medical expenses, pain, impairment, and disfigurement. The defense focused primarily on liability but also challenged the extent of the plaintiff's injuries by presenting prior medical records showing similar pre-existing conditions and impeaching the plaintiff's testimony regarding her medical history. Following a three-day trial, the jury deliberated for 30 hours before rendering a defense verdict. The jury found the plaintiff to be the sole negligent party in the collision, resulting in a $0 award.

On May 5, 2016, a collision occurred in Plano, Texas, between a pickup truck and a sedan. The plaintiff, driving a pickup, was in the outside lane of a two-way street when the defendant, operating a sedan, attempted a left turn into a parking lot. The sedan's right front corner struck the pickup's left front. The plaintiff claimed neck and back injuries and subsequently filed a lawsuit alleging the defendant's negligent operation of the vehicle. Evidence included a police report citing the defendant for failure to yield the right of way. The defendant did not attend the trial, and the defense did not contest liability. The plaintiff sought $6,295.70 for past medical expenses, alleging sprains and strains that required emergency room care and several months of chiropractic treatment. The defense argued any injuries were minor, subjective sprains and strains, with treatment primarily from a chiropractor, suggesting a jury award of $1,700 for past medical bills. After a two-hour trial, a Plano jury deliberated for 30 minutes before finding the defendant liable for the collision. The jury determined the plaintiff's total damages amounted to $12,591.40.

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.

One driver was stopped in traffic when their vehicle was struck from behind by another vehicle. The driver who was rear-ended claimed injuries to their back and neck. The case proceeded to trial to determine damages, as liability was conceded.

In May 2018, a plaintiff's vehicle was rear-ended by a trailing car on Highway 121 near Preston Road in Frisco, Texas. The plaintiff, who claimed neck and back injuries, subsequently sued the driver of the trailing car for negligence. An initial claim against the alleged owner of the trailing vehicle, based on vicarious liability, was discontinued during trial. The plaintiff contended that the defendant failed to maintain due caution during a severe rainstorm and that the plaintiff's vehicle lights were activated. The plaintiff sought damages for past medical expenses, pain, and anguish, along with future pain and anguish, totaling over $27,000. The defense argued the plaintiff's vehicle lights were not on, hindering visibility. The defense also maintained that the collision was minor and could not have caused the claimed injuries, presenting photographs showing minimal vehicular damage. Following a two-day trial and 28 hours of deliberation, the jury rendered a defense verdict. The jury did not find that either party's negligence proximately caused the accident.