Texas Jury Finds Comparative Negligence, Awards $301,504 in Parking Lot Crash

In Plano, Texas, a collision occurred on the President George Bush Turnpike when a loan officer, driving a Mercedes-Benz sedan, stopped at a yield sign and was rear-ended by another vehicle. The plaintiff, the driver of the Mercedes-Benz, filed a lawsuit alleging negligence against the defendant, claiming failures to maintain a proper lookout, control speed, avoid following too closely, and brake to prevent the accident. The defendant stipulated to liability, and the case proceeded to determine damages. The plaintiff claimed the accident caused a lumbar disc bulge, along with neck and left shoulder sprains and strains. She underwent chiropractic care and saw a pain management specialist, who recommended epidural steroid injections which she did not receive. The plaintiff testified that her lower back pain persisted, impacting her ability to bike with her daughter and run competitively. She sought nearly $21,000 for past medical bills, $1,880 for past lost wages, and additional damages for future medical care, future lost earnings, and past and future pain and impairment, totaling approximately $80,000. Her treating doctor testified that her back pain could require future chiropractic care. The defense disputed the extent of the plaintiff's damages, arguing the impact was minor, citing minimal damage to the plaintiff's vehicle. Defense counsel challenged the plaintiff's credibility, highlighting inconsistencies between her trial and deposition testimony regarding the impact's severity, and questioning her physical difficulties in court. A defense expert opined that the duration and cost of the plaintiff's medical treatment were excessive, and the defense noted all treatment was attorney-referred. The defense suggested an award of $5,000 for past medical bills and zero for other damages. After a two-day trial and four hours of deliberation, the jury awarded the plaintiff $7,721 for past medical bills only. However, due to a pre-existing high-low agreement between the parties, with parameters set between $20,000 and $49,500, the defendant's insurer paid the plaintiff $20,000, plus a portion of taxable costs.

On February 20, 2015, a collision occurred on President George Bush Turnpike in Collin County involving a 2008 Chevrolet HHR driven by the plaintiff and a 2013 GMC Sierra driven by the defendant. The plaintiff alleged the defendant unsafely changed lanes, striking the plaintiff's vehicle, which then hit a concrete barrier. The plaintiff further claimed the defendant stopped suddenly on the shoulder, causing the plaintiff to rear-end the defendant. The plaintiff, who sustained neck, back, and knee injuries, subsequently filed a lawsuit alleging the defendant's negligence, including failure to maintain a single lane, unsafe lane change, improper lookout, and unsafe stopping. The defendant countered that the plaintiff initiated the collision by moving into the defendant's lane. The defendant stated that the plaintiff then stopped on the shoulder, and the defendant stopped normally about 100 yards ahead, before the plaintiff intentionally rear-ended the defendant. Following the collision, the plaintiff admitted to physically assaulting the defendant, citing anger over the incident and the defendant's alleged sudden stop. The plaintiff sought compensation for past medical bills totaling $22,469, past lost wages, and past and future pain, suffering, and mental anguish. The defense contended the plaintiff's claimed injuries were pre-existing and challenged the plaintiff's credibility, noting inconsistencies in past medical history and that the lost wage claim was supported solely by the plaintiff's testimony. After a two-day trial, the jury deliberated for two hours. The jury concluded that only the plaintiff was negligent in the incident and awarded zero damages.

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.

A minor sustained back, head, and neck injuries in a motor vehicle accident in Texas. The plaintiff subsequently filed a personal injury lawsuit, alleging the incident caused the injuries and seeking damages. During the proceedings, the plaintiff presented expert testimony from a neurologist specializing in pain management, a neuropsychologist, and an economist. The defense called an expert in aerospace and occupational medicine. The case concluded with an award of $27,255.

On August 4, 2017, a collision occurred in Allen, Texas, at the intersection of West Exchange Parkway and Twin Creeks Drive. The plaintiff, an office assistant, was driving westbound when the defendant, driving eastbound, attempted a left turn. The vehicles collided, and an investigating officer determined the defendant failed to yield the right of way. The plaintiff subsequently filed a lawsuit alleging negligent vehicle operation, with the defendant admitting liability. The plaintiff claimed neck, back, and left knee sprains and strains, requiring medical treatment and physical therapy. While acknowledging prior neck surgery and a 2016 neck injury, the plaintiff's counsel argued medical records showed no prior knee complaints and limited significant neck issues before the 2017 accident, noting increased pain and impairment afterward. The plaintiff sought over $19,000 for past medical expenses and substantial total damages. The defense highlighted the plaintiff's prior neck issues and a delay in reporting knee pain. The defense contended that ongoing problems stemmed from pre-existing conditions, age, or normal wear and tear. A jury awarded the plaintiff $83,631 in damages.