Denton County Jury Awards $49,500 in Rear-End Collision

On April 16, 2018, a tow truck operator was rear-ended while driving on Interstate 35 in Denton County. The plaintiff, operating a tow truck without a vehicle attached, slowed for heavy traffic when the defendant's sedan or compact sport utility vehicle struck the rear of the tow truck. No law enforcement was called to the scene.

The plaintiff subsequently filed a lawsuit alleging the defendant's negligence in operating the vehicle. The plaintiff claimed to have sustained neck and back injuries, including disc bulges and cervical and thoracic sprains, which required emergency room treatment, chiropractic care, physical therapy, and pain management procedures. The plaintiff sought damages for past and future medical expenses, past loss of earning capacity, and past and future physical pain, mental anguish, and physical impairment.

During the trial, the defense argued that a rear-end collision does not automatically constitute negligence, contending that the standard was ordinary care, not perfect care. The defense asserted that the plaintiff failed to meet the burden of proving the defendant's lack of ordinary care. Defense counsel also disputed the extent of the plaintiff's injuries, pointing to alleged inconsistencies in medical records and suggesting exaggeration. The defendant attended the trial but did not testify.

After a one-day trial and 40 hours of deliberation, the jury, in an 11-1 poll, found the defendant liable for the collision and awarded the plaintiff $49,500. The award included $32,500 for past medical costs, $3,500 for future medical costs, $5,000 for past physical impairment, $5,000 for past physical pain and mental anguish, $2,500 for future physical pain and mental anguish, and $1,000 for past loss of earning capacity. Post-verdict interviews with jurors suggested the defendant's decision not to testify may have influenced the jury.