Dallas Jury Finds Comparative Negligence, No Damages Awarded in Car Crash

On October 3, 2014, two vehicles collided at an intersection in Dallas, Texas, where the stoplights were disabled following a recent storm. No police investigation of the incident occurred. The plaintiff, an 83-year-old driver, subsequently filed a lawsuit against the defendant, alleging negligent failure to keep a proper lookout. The plaintiff claimed he waited for his turn before proceeding through the intersection and was struck on the passenger side by the defendant's vehicle.

The plaintiff reported a fractured sternum, neck and back sprains, and muscle spasms, with his vehicle declared a total loss. He sought damages for past medical bills, physical pain and mental anguish, and property damage, asking for approximately $12,000 for bodily injury and, during closing arguments, $6,000 to $7,000 for property damage, though earlier interrogatory answers indicated a claim of $2,500. The defendant denied negligence, asserting that he also stopped and waited for his turn before entering the intersection, did not see the plaintiff's vehicle before impact, and was struck by the plaintiff.

During the two-day trial, an independent eyewitness testified via video deposition that the defendant entered the intersection first and that the plaintiff was speeding. The plaintiff's counsel questioned the eyewitness's vantage point, arguing the plaintiff could not have been speeding immediately after stopping. Defense counsel presented evidence that the plaintiff told an emergency room doctor he was driving 35 to 40 mph, noting the speed limit was 35 mph.

After four hours of deliberation, the jury found both parties negligent, assigning 85 percent comparative responsibility to the plaintiff and 15 percent to the defendant. The jury awarded $2,500 for property damage. However, the plaintiff ultimately recovered no damages because, under state comparative negligence laws, a plaintiff attributed with more than 50 percent fault cannot recover. The jury did not reach a decision on damages for bodily injury due to the liability findings.