Texas Jury Finds Split Liability, Awards $11,594 in Rear-End Collision

On December 11, 2017, a vehicle carrying two plaintiffs, a driver and a front-seat passenger, was struck from behind on Interstate 380 in Collin County, Texas. The plaintiffs subsequently sued the driver of the trailing vehicle, alleging negligence in the operation of her vehicle. The defendant driver conceded liability for the collision, and the trial proceeded solely on the issues of the plaintiffs' injuries and damages. Both plaintiffs claimed neck and back disc herniations, sought emergency room treatment, underwent chiropractic care, and reported residual pain and limitations in daily activities. They sought to recover damages for past and future medical costs, past and future pain and suffering, and past and future physical impairment. Following a three-day trial, a jury deliberated for two hours before awarding the driver plaintiff $25,016 in damages and the passenger plaintiff $25,273 in damages. The total award was $50,289.

On January 3, 2017, a collision occurred on U.S. Highway 75 in Allen, Texas. The plaintiff was driving north when the defendant, in an adjacent lane, entered the plaintiff's lane. The defendant's pickup truck and the plaintiff's sedan collided. The plaintiff claimed injuries to her back and neck. The plaintiff filed a lawsuit alleging the defendant's negligence in operating his vehicle, specifically an unsafe lane change that caused the collision. She asserted herniated cervical discs, along with back and neck sprains and strains. She underwent physical therapy and received lumbar injections, testifying to ongoing pain that limited her daily activities. The plaintiff sought damages for past and future medical expenses, pain and suffering, mental anguish, and physical impairment. The defendant countered that an unknown vehicle had cut him off, forcing him to swerve. While the police report noted an unknown vehicle, the investigating officer faulted the defendant for an unsafe lane change. The defense questioned the reasonableness and necessity of the plaintiff's medical treatment, noting a prior motor vehicle accident and attorney involvement in treatment decisions. A defense expert opined that a significantly lower amount for past medical expenses would have been reasonable. The jury returned a defense verdict. It found negligence and proximate cause applied solely to the unknown driver, not the named defendant. Although the jury answered the damages question and awarded $3,500, the plaintiff took nothing from the named defendant because no liability was assigned to the defendant.

On March 1, 2015, a student driving a pickup truck in Allen, Texas, was rear-ended by a sports car while stopped at a light. The student, who became the plaintiff, alleged negligence by the sports car's driver, the defendant, claiming injuries to the back, head, and neck. The defendant denied negligence, attributing the collision to brake failure, though he acknowledged not having his brakes checked after the incident. The plaintiff reported immediate neck, back, and head pain, receiving a concussion diagnosis at an emergency room before being released. Following physical therapy and cervical and lumbar MRIs that showed a disc herniation and bulging discs, the plaintiff ceased treatment for over two years. In October 2017, the plaintiff sought further care, including an epidural steroid injection and a recommendation for cervical discectomy and fusion surgery. A neuropsychologist later diagnosed post-concussion syndrome. The plaintiff's orthopedic surgeon testified that all treatments were reasonable, necessary, accident-related, and that the recommended surgery would cost approximately $150,000. The defense's orthopedic expert countered, stating the cervical MRI indicated only a disc bulge, not a herniation, and that lumbar findings were minor, precluding the need for further surgery. The defense argued the plaintiff's neck injury and neuropsychological issues likely stemmed from playing football, highlighted the referral of the plaintiff to a surgeon by an attorney, and emphasized the significant gap in treatment. After a two-day trial and 1.25 minutes of deliberation, the jury found the defendant negligent and awarded the plaintiff $255,500. Subsequently, the parties settled for $283,915.76, which included prejudgment interest and taxable costs, in lieu of a judgment being entered.

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.

A plaintiff filed a lawsuit alleging negligence after a defendant's vehicle struck the plaintiff's automobile, causing the rear window to shatter. The plaintiff claimed to suffer neck and back injuries, diagnosed as cervical and lumbar sprain/strain, and reported ongoing back spasms and pain despite physical therapy. The defendant denied the negligence allegations, disputed liability, and challenged the nature, extent, and damages associated with the plaintiff's alleged injuries. The case proceeded to trial in Texas. Following deliberations, the jury returned a verdict in favor of the plaintiff, awarding $16,500 in damages.