Houston Court Awards $41,765 in Rear-End Collision

Two plaintiffs sustained personal injuries in a motor vehicle accident on August 7, 2016, when their vehicle was rear-ended by another driver in the 700 block of N Beltway 8 E in Houston, Texas. The plaintiffs filed a lawsuit on August 7, 2018, alleging the defendant driver was negligent in failing to control speed, maintain a proper lookout, and keep an assured clear distance. They sought actual damages, future medical costs, and interest.

The plaintiffs also claimed entitlement to uninsured motorist coverage from their insurer, stating the defendant driver was uninsured. The insurer filed an answer admitting the policy but generally denying liability, asserting limitations, potential offsets, and arguing the plaintiffs had not established recoverable damages. The insurer also contended that medical expense recovery was limited by Section 41.0105 of the Texas Civil Practice and Remedies Code. The defendant driver filed an answer denying negligence and asserting the plaintiffs' own negligence was the sole proximate cause of the incident.

The plaintiffs experienced difficulty serving the defendant driver, requiring multiple court-approved motions for substitute service. On November 29, 2020, the plaintiffs non-suited their claims against the insurer with prejudice. When the defendant driver failed to appear for trial, the court granted a default judgment in favor of the plaintiffs on June 28, 2021. The court awarded one plaintiff $8,006.00 for medical bills and $5,000.00 for past physical pain and suffering, and the other plaintiff $18,759.44 for medical bills and $10,000.00 for past physical pain and suffering, plus court costs and post-judgment interest. The defendant driver's subsequent motion to set aside the default judgment, alleging improper service and disputed damages, was denied by the court on April 29, 2021. The total award was $41,765.