Dallas Jury Finds Comparative Negligence in Car Crash, No Recovery
One driver was traveling east on a street in Dallas and was in the left lane. The other driver exited a driveway to make a left turn and entered the eastbound lanes. The first driver struck the second driver's vehicle. The investigating officer placed fault on the second driver for failing to yield the right of way. The first driver claimed multiple injuries.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Defense
- Amount
- Undisclosed
- County
- Dallas County, TX
- Resolved
- 2016
Injury & Accident Details
- Injury Type
- Back Strain / Soft Tissue
- Accident Type
- Other
- Case Type
- Back and Neck, Hypolordosis, Lordosis
Case Overview
On August 5, 2012, in Dallas, a plaintiff driving eastbound on Illinois Avenue collided with a defendant's vehicle that was exiting a driveway and attempting a left turn onto westbound Illinois. The plaintiff's vehicle struck the defendant's left rear door. An investigating officer assigned fault to the defendant for failing to yield the right-of-way. The plaintiff claimed multiple injuries, including headaches and various sprains, and subsequently filed a lawsuit alleging the defendant negligently failed to keep a proper lookout and yield the right-of-way.
The plaintiff contended the defendant was actively crossing the eastbound lanes when the collision occurred. The defendant denied negligence, asserting the vehicle had already reached the median and was waiting for westbound traffic to clear. The defense also highlighted the plaintiff's deposition admission of talking on a cell phone at the time of the accident. The plaintiff sought compensation for past and future medical bills, lost earning capacity, and additional damages for physical pain, mental anguish, and impairment.
After a two-day trial, the jury found both parties negligent. The plaintiff was assigned 60 percent of the comparative responsibility, and the defendant was assigned 40 percent. The jury awarded the plaintiff $1,750 for lost wages. However, because the plaintiff was found more than 50 percent responsible for the incident, state law precluded any recovery.
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