Dallas Jury Finds Split Liability in Pedestrian Crash, Awards $2,805
One person was crossing a street when they were hit by a turning car. The injured person claimed various strains and a laceration, seeking compensation for medical expenses and pain. The other driver argued the injured person was at fault and the impact was not severe enough to cause the claimed injuries.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $5,500
- 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 January 23, 2013, a pedestrian was involved in a collision with a southbound vehicle while crossing West Mockingbird Lane in Dallas. The pedestrian, who later became the plaintiff, filed a lawsuit alleging negligence against the driver of the vehicle, who became the defendant. Plaintiff's counsel contended the defendant made a right turn from a stop light onto West Mockingbird Lane without maintaining a proper lookout and struck the plaintiff.
The defendant denied negligence, arguing the plaintiff's own actions were the sole cause of the collision. Defense counsel asserted the plaintiff was crossing against a "do not walk" signal while the defendant had a green light before making the turn. The plaintiff claimed cervical, lumbar, left hip, and left knee muscle strains, along with a left arm laceration, and sought over $36,000 for medical expenses, disfigurement, and pain and suffering.
Defense counsel disputed the extent of the plaintiff's injuries, maintaining the impact was minor, involving only the plaintiff placing hands on the vehicle's hood without falling. The defense also argued the arm laceration was a pre-existing condition, presenting medical records to support this claim. Following a one-day trial and three days of deliberation, a jury found the defendant 51 percent liable and the plaintiff 49 percent liable. The plaintiff was awarded $5,500, which was then reduced to $2,805 due to comparative liability.
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