Texas Jury Finds Negligence in Pedestrian Accident, Awards $102,000
A man was jogging when a pickup truck pulled out from a stop sign and struck him. The injured man claimed he suffered back and leg injuries. The defense argued the man was wearing dark clothing and earbuds, and that his injuries were pre-existing. The jury found the driver liable and awarded damages.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $102,000
- County
- Harris County, TX
- Resolved
- 2019
Injury & Accident Details
- Injury Type
- Back Strain / Soft Tissue
- Accident Type
- Pedestrian
- Case Type
- leg, back, other
Case Overview
On May 31, 2016, a salesman jogging in his neighborhood was struck by a pickup truck pulling out from a stop sign. The plaintiff sustained back and leg injuries and sued the driver, alleging negligence in the vehicle's operation.
The plaintiff argued the driver should have seen him, citing his bright, reflective shirt and position behind another jogger. He claimed the accident aggravated pre-existing spinal conditions, causing increased pain and an extended hospital stay before scheduled fusion surgery. The defense countered that the plaintiff was inattentive, wore a dark shirt, and that medical records showed no acute injury or worsening of pre-existing conditions. A defense expert further opined that the plaintiff's surgery was likely irrespective of the accident.
After a one-day trial, the jury found the defendant liable. The jury, which received instructions on aggravation of pre-existing conditions and the "eggshell-plaintiff" rule, awarded the plaintiff $102,000 for past medical costs, physical impairment, and past physical and mental pain and suffering.
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