Bastrop County Jury Finds Negligence, No Damages Awarded in Rear-End Crash

On July 7, 2016, a driver plaintiff, a domestic-violence counselor, was operating a sedan in Bastrop County with a passenger plaintiff, also a domestic-violence counselor. Their vehicle was stopped at a stop sign when the defendant rear-ended it in a compact sport utility vehicle. The plaintiffs subsequently filed a lawsuit, alleging the defendant was negligent in operating her vehicle.

The plaintiffs claimed they sustained neck and back injuries, among other complaints, and testified that the driver plaintiff had come to a normal stop before the impact. They also stated the defendant appeared to be holding a cell phone after the collision, suggesting distraction as a cause. Both plaintiffs underwent chiropractic treatment and physical therapy and testified that their injuries impacted their ability to perform daily activities and work. They sought specific damages for past medical expenses, lost wages, physical pain and mental anguish, and physical impairment.

The defendant, who did not attend the trial but whose video deposition was presented, testified that she believed the plaintiffs' vehicle was starting to move forward and denied using a cell phone at the time of the crash. Defense counsel argued the impact was minor and that the plaintiffs exaggerated their injuries. Photographic evidence of minor vehicle damage was presented, and the defense highlighted inconsistencies in the plaintiffs' initial emergency room records regarding some of their reported symptoms. The defense also suggested the driver plaintiff's back issues could stem from normal wear and tear or her part-time work as a concert security guard.

After a five-hour deliberation, the jury found the defendant negligent but awarded no damages to either plaintiff. The outcome suggested the jury agreed with the defense regarding the minor nature of the impact and the extent of the plaintiffs' injuries, despite finding negligence in the defendant's actions.