Dallas County Jury Finds Split Liability in Pedestrian Crash, Awards $14,182
A person was walking in a store parking lot when they were struck by a car. The injured person claimed back and neck injuries. The driver was accused of speeding and not paying attention. The defense argued the injured person was also at fault for wearing dark clothing and not looking out for traffic.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $23,638
- County
- Dallas County, TX
- Resolved
- 2015
Injury & Accident Details
- Injury Type
- Back Strain / Soft Tissue
- Accident Type
- Pedestrian
- Case Type
- Strain, Cervical, Strain
Case Overview
On December 2, 2012, a pedestrian was struck by a vehicle in a store parking lot on Interstate 35E in DeSoto, Texas. The plaintiff, who claimed back and neck injuries, alleged the defendant driver was negligent.
The plaintiff filed a lawsuit, asserting the defendant drove at an excessive speed for the dark conditions, failed to maintain a proper lookout, and caused the collision. The plaintiff claimed two lumbar herniations, cervical and lumbar strains, and sought $78,000 for past and future pain, suffering, physical impairment, and medical expenses, including recommendations for epidural steroid injections.
The defendant argued comparative liability, contending the parking lot owner failed to install sufficient lighting. The defense also maintained the plaintiff was comparatively negligent by wearing dark clothing and failing to keep a proper lookout in the dark lot. The defendant further disputed the plaintiff's injuries, noting emergency room X-rays did not diagnose specific trauma and questioning the necessity of physical therapy and the chiropractor's qualifications.
After a 13-hour trial and two hours of deliberation, the jury found the defendant 60 percent liable and the plaintiff 40 percent comparatively liable. The jury awarded the plaintiff $23,638 in damages, which was subsequently reduced to $14,182.80 to account for the plaintiff's assigned comparative negligence.
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