Odessa Motor Vehicle Negligence Settles for $32,500

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.

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.

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.

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.