Dallas County Jury Awards $1,375,000 in DUI Truck Collision
One driver was helping another driver change a tire on the side of the road when a pickup truck struck him. The pickup truck driver was intoxicated and had prior offenses. The injured driver sustained injuries to his neck, ribs, and a concussion. The case involved claims of negligence against the pickup driver and negligent hiring and supervision against his employer.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $1,375,000
- County
- Dallas County, TX
- Resolved
- 2019
Injury & Accident Details
- Injury Type
- Neck Injury (Whiplash)
- Accident Type
- Truck/Commercial
- Case Type
- Motor Vehicle Negligence
Case Overview
On February 25, 2018, a tow truck operator was assisting a motorist with a flat tire on State Highway 21 in Dallas County when he was struck by a full-size pickup truck. The erratic vehicle's side mirror hit the operator's head, causing him to be knocked several feet. The pickup driver did not stop but was later apprehended by police and charged with intoxication assault and failure to render aid. The operator sustained severe injuries, including closed fractures of cervical vertebrae, a rib fracture, and a concussion, which led to lasting memory and cognitive impairment.
The injured operator, his wife, and sons filed a lawsuit against the pickup driver and his employer, the vehicle owner. They alleged the driver was negligent, including driving while intoxicated. Against the employer, claims included vicarious liability and direct negligence in hiring, retention, and entrustment. The defendants did not dispute the driver's negligence, and his video deposition, admitting no memory of hitting anyone, was presented at trial.
The dispute primarily focused on the employer's direct negligence. Plaintiffs presented evidence of the driver's prior DWI convictions and other charges, arguing the employer's background check was inadequate, covering only seven and three years respectively, and that it failed to act on an alert during the check. A plaintiffs' expert testified that the company should have conducted a lifetime criminal and driving history check and inquired about prior felonies or drug/alcohol-related charges. The employer denied negligence, asserting it reasonably did not know about the driver's history or personal use of the company vehicle.
After a one-week trial, a Dallas County jury found both the driver and the employer negligent. The jury allocated 80% comparative responsibility to the driver and 20% to the employer. The jury also determined the driver was grossly negligent and awarded the tow truck operator $1,375,000. This award included damages for past and future physical impairment, pain, mental anguish, disfigurement, and punitive damages.
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