Texas Jury Awards $170,850 After Comparative Liability in Rear-End Collision
One driver was traveling east on a boulevard in rainy conditions when he collided with the rear of a construction vehicle. The driver claimed the construction vehicle had no lights or warning signs, making it difficult to see. The defense argued the driver was speeding and potentially intoxicated. The driver sustained fractures and later developed an infection requiring multiple surgeries.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $335,000
- County
- Harris County, TX
- Resolved
- 2015
Injury & Accident Details
- Injury Type
- Leg / Foot Injury
- Accident Type
- Rear-end
- Case Type
- Motor Vehicle Negligence
Case Overview
On October 20, 2012, a plaintiff driving a 1989 Chevrolet Suburban was involved in a rear-end collision with an eastbound telehandler construction vehicle on Kingsland Boulevard during rainy conditions. The telehandler was owned by a masonry subcontractor working on a construction project for a general contractor. The plaintiff sustained multiple injuries and subsequently filed a negligence lawsuit against the telehandler operator, the subcontractor, and the general contractor.
The plaintiff alleged the defendants failed to provide adequate warning or notice of the construction activity, claiming the telehandler lacked lights and a slow-moving vehicle sign, making it impossible to see in the adverse weather. A construction safety expert for the plaintiff testified that the defendants had violated contractual agreements and state regulations by not providing warning devices such as flagmen or escort vehicles. An accident reconstruction expert stated the plaintiff was traveling at or under the speed limit at the time of the impact. The plaintiff suffered compound fractures to the right tibia and talus, which led to multiple surgeries, a staph infection requiring additional debridements, and a bone graft. The plaintiff claimed significant scarring, a permanent severe limp, and sought damages for past medical expenses, as well as past and future pain and suffering, physical impairment, and disfigurement.
Defense counsel argued the plaintiff bore comparative liability, presenting a witness who testified the plaintiff was traveling at an excessive rate of speed just prior to the collision. The defense also maintained the plaintiff was intoxicated at the scene and failed to mitigate damages by leaving the hospital against medical advice and not adhering to physician's orders, including a failure to stop smoking, which allegedly caused the infection and prolonged healing. The plaintiff countered that no evidence of intoxication was produced, such as blood or urine tests, and that the plaintiff was retrieving a cell phone from the vehicle, which was visibly too damaged to drive.
After a three-day trial and 3.75 hours of deliberation, the jury found the telehandler operator 1% liable, the general contractor 15% liable, the subcontractor 35% liable, and the plaintiff 49% comparatively liable. The jury awarded the plaintiff $335,000, which was then reduced to $170,850 due to the finding of comparative liability.
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