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Verdict-Plaintiff
Bexar County • 2021

Texas Jury Awards $7,000,000 in Rear-End Collision

One driver was slowing for traffic when the other driver, who was in the course and scope of his employment, struck the first driver's vehicle from behind. The first driver sustained serious injuries including a spinal fracture and required emergency surgery. The jury found the defendant driver and his employer negligent. The plaintiff was awarded damages for medical bills, physical impairment, disfigurement, pain, and lost earning capacity.

Case Information Updated: October 2025

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Spinal Cord Injury
Rear-end
Motor Vehicle Negligence

Case Outcome

Outcome
Verdict-Plaintiff
Amount
$7,000,000
County
Bexar County, TX
Resolved
2021

Injury & Accident Details

Injury Type
Spinal Cord Injury
Accident Type
Rear-end
Case Type
Motor Vehicle Negligence, Rear End Collision

Case Overview

A motor vehicle negligence action was filed following a rear-end collision involving a then-39-year-old plaintiff driver and a pick-up truck operated by a defendant driver in the course of employment for a car dealership. The plaintiff sustained an aortic pseudoaneurysm requiring emergency surgery, an unstable L5 burst fracture, a C7-T1 fracture, bilateral pneumothorax and hemothorax, a flail chest with eight fractured ribs, and a severe hip contusion. The plaintiff required extensive surgeries, including lung expansion and drainage, laminectomies, a two-level lumbar fusion, and plating for the ribs. The plaintiff alleged the defendant driver was negligent and grossly negligent, and the employer negligently entrusted the vehicle.

The plaintiff contended the defendant driver was speeding and weaving before striking the plaintiff's vehicle, which was slowing for traffic. Vehicle sensor data indicated the plaintiff was traveling 4 mph when struck by the defendant's truck traveling 71 mph. Witness testimony supported claims of speeding and weaving. The plaintiff also alleged the defendant driver was watching a music video, a claim supported by the driver's deposition. The plaintiff maintained permanent restrictions, a projected need for future spinal surgery, and a lost earning capacity of approximately $1,000,000 as a floor installer. The defendant conceded the driver's negligence but denied gross negligence and negligent entrustment, arguing a cell phone expert's analysis showed insufficient data for a music video, suggesting the driver was likely only listening to music. The defendant also disputed that the driver's prior speeding violations, committed outside of employment, constituted negligent entrustment.

A jury found the defendant driver 80% negligent and the employer 20% negligent on a theory of negligent entrustment. Two jurors found for the defense on the gross negligence claim, preventing a unanimous finding and thereby precluding punitive damages. The jury awarded the plaintiff $7,000,000. This amount included $119,000 for past medical bills, $518,000 for future medical bills, $1,063,000 for future physical impairment, $2,000,000 for future physical pain, and $1,000,000 for future diminution of earning capacity.

VerdictlyTM Score

90
/100
Highly Fair

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