Dallas Jury Awards $32,869 in Rear-End Collision

In April 2015, a rear-end collision occurred on Preston Road in Dallas. The plaintiff was driving south when traffic stopped, and her vehicle was struck from behind by a minivan. The plaintiff claimed to have sustained neck and back injuries as a result of the incident.

The plaintiff filed a lawsuit against the negligent driver, the vehicle's owners, and her own insurer for underinsured motorist (UIM) benefits. The plaintiff alleged the driver was negligent and the vehicle owners were vicariously liable and had negligently entrusted the vehicle. The negligent driver and vehicle owners did not appear or answer the complaint. The case proceeded to trial solely against the plaintiff's insurer on the UIM claim, with the insurer stipulating to the at-fault driver's negligence. The trial focused on the issues of causation and damages.

The plaintiff sought over $13,600 for past medical costs, claiming treatment for cervical and lumbar sprains and strains, with an MRI showing a disc bulge and protrusion. She reported persistent hand numbness, tingling, and lower back pain, affecting her work as a court reporter, and sought damages for future medical costs, pain, and impairment. The defense, however, argued the accident involved minor damage, noting no airbag deployment, the plaintiff's ability to drive from the scene, and her refusal of immediate medical attention. The insurer contended the injuries were minor soft-tissue, that maximum medical improvement was reached months after the accident, and that the requested medical costs were unreasonable and unnecessary. A defense expert chiropractor supported these claims.

A jury awarded the plaintiff $53,600. However, her recovery was limited to her $30,000 underinsured motorist policy limit. Including taxable costs of $2,869.29, the final judgment totaled $32,869.29.