Dallas County Jury Awards $25,000 in Rear-End Collision

On November 14, 2014, a three-vehicle rear-end collision occurred on Interstate 635 in a construction zone in Dallas, Texas. The first plaintiff, a 53-year-old disabled individual, was operating a pickup truck and claimed bodily injuries. A second plaintiff, an X-ray technician, operating a sport utility vehicle, also claimed bodily injuries. The defendants were the driver of the third vehicle, a Lexus RX 350, and initially its owner.

The first plaintiff initially sued the vehicle owner, then added the driver as a defendant and dismissed the claim against the owner. The second plaintiff filed an intervening complaint, suing both the first plaintiff and the Lexus driver. The second plaintiff later settled with the first plaintiff for $20,000 before trial. The case proceeded with both plaintiffs alleging that the Lexus driver was negligent by failing to keep a proper lookout, driving while on a cell phone, failing to control speed, following too closely, and failing to brake, causing the collision. They asserted they had come to a complete stop before the Lexus struck the first plaintiff's vehicle, pushing it into the second plaintiff's vehicle.

The Lexus driver contended that the second plaintiff braked suddenly, leading the first plaintiff to rear-end the second plaintiff, before the Lexus driver then rear-ended the first plaintiff. The defense highlighted damage photos, arguing the impact between the Lexus and the first plaintiff's vehicle was less severe than the impact between the two plaintiffs' vehicles. The defense also presented deposition testimony from the second plaintiff, given before his settlement, suggesting he had not fully stopped and that the first plaintiff was largely at fault. Both plaintiffs claimed various neck and back injuries, seeking significant medical expenses and damages for pain, impairment, and vehicle diminution. The defense disputed the causation and extent of these injuries, arguing some were pre-existing or unrelated to the accident, and that some treatments were excessive.

A Dallas County jury found the Lexus driver negligent and a proximate cause of the incident only with respect to the first plaintiff, but did not reach the question of damages for that plaintiff. The jury found in favor of the Lexus driver regarding the second plaintiff. However, pursuant to a high/low agreement of $50,000/$25,000 entered into during trial, the first plaintiff was entitled to collect $25,000. The second plaintiff recovered nothing.