Dallas Jury Issues Defense Verdict in Unsafe Lane Change Crash

A back-seat passenger filed a lawsuit after a compact car she was in collided with a cement truck in Dallas, Texas, on August 8, 2013. The incident occurred on Spring Street near Hatcher Road when the cement truck, attempting to move from the center to the right lane, struck the compact car. The plaintiff claimed neck, back, and knee injuries and alleged the cement truck driver negligently failed to keep a proper lookout and made an unsafe lane change. The truck driver's employer was also named as a defendant.

The defense denied the plaintiff was present at the accident scene, asserting only children occupied the backseat of the compact car. The truck driver testified he moved lanes when the right lane was clear, and the compact car's driver suddenly attempted an unsafe pass. The defense designated the compact car's driver as a responsible third party. The defense also highlighted inconsistencies in the plaintiff's sworn testimony, noting she gave two different accounts of the accident details during her deposition and at trial. The plaintiff attributed the discrepancy to being on Hydrocodone during her deposition, a claim she had denied at the time. A defense motion to exclude the plaintiff's testimony was denied by the court.

The plaintiff sought approximately $34,000 for past medical bills, along with damages for physical pain, mental anguish, and physical impairment. The defense contended that, even if the plaintiff was at the accident and the truck driver was negligent, the plaintiff failed to prove causation for her claimed injuries, citing minor vehicle damage and a history of similar injuries from prior incidents and a subsequent accident. After a one-day trial and 30 minutes of deliberation, the jury found only the responsible third party negligent. The jury did not reach the question of damages, and the plaintiff received no award.