Texas Jury Awards $8,023 in Underinsured Motorist Claim

An individual filed a negligence lawsuit following a rear-end collision that occurred on October 25, 2011, in Houston, Texas. The plaintiff, a 36-year-old mechanic, was stopped at the intersection of Wallisville Road and Main Street, waiting to make a left turn, when the defendant's vehicle struck the rear of the plaintiff's car. The plaintiff alleged the defendant was negligent by failing to control speed, maintain a proper lookout, and properly apply brakes. The plaintiff claimed the collision caused injuries to his cervical, thoracic, and lumbar spine, including disc bulges and a disc protrusion. The defendant denied all allegations of negligence and injury, asserting that the plaintiff's own comparative or contributory negligence caused the accident. A jury found the defendant negligent and awarded the plaintiff $9,020 in compensatory damages.

On March 13, 2012, a plaintiff was injured in a multi-vehicle collision while driving in slow traffic near Highway 59 in Houston, Texas. The defendant driver reportedly swerved into the plaintiff's lane, striking a vehicle behind the plaintiff, which then collided with the rear of the plaintiff's slowing car. The plaintiff subsequently filed a vehicular negligence action. The plaintiff alleged the defendant was negligent in failing to maintain a proper lookout, operating a vehicle unsafely, and failing to apply brakes in a timely manner, which led to injuries including to the chest, neck, back, and a partial to full thickness tear of the right rotator cuff. The defendant denied all allegations of negligence and injury. Following the proceedings, the court found the defendant negligent and that this negligence caused harm to the plaintiff. The plaintiff was awarded $10,000 for past pain and suffering, $10,000 for past disfigurement, and $10,003 for past medical expenses, totaling $30,003.

On November 14, 2011, a rear-end collision occurred on the Katy Freeway in Houston, Texas. The plaintiff had stopped her vehicle in the left lane due to traffic when the defendant's vehicle struck it from behind. The plaintiff alleged the collision caused sprains and strains to her cervical and thoracic spine and left shoulder. The lawsuit claimed the defendant was negligent by traveling at an excessive speed, failing to maintain an assured clear distance, and failing to brake in a timely manner. Initially, the defendant argued the plaintiff made a sudden stop, which prevented avoidance. However, prior to trial, the defendant stipulated liability for the collision. The dispute then focused on the extent of the plaintiff's injuries, with the defendant maintaining that the plaintiff was not seriously injured and any alleged injuries were pre-existing. A jury found that the plaintiff did not suffer any serious or permanent injury in the collision.

On September 19, 2013, a front-seat passenger in a sedan was injured when the vehicle was rear-ended by a 15-passenger van on Interstate 37 Frontage Road in Corpus Christi, Texas. The plaintiff, a carpenter, subsequently filed a lawsuit against the van driver and the driver's employer, alleging vehicular negligence and claiming the collision aggravated a pre-existing back injury. The plaintiff reported immediate back pain that worsened the following day, leading to an emergency room visit. An orthopedic surgeon later confirmed the collision aggravated a pre-existing degenerative disc disease. The plaintiff, who had a non-debilitating history of back pain, underwent physical therapy, steroid injections, and ultimately a two-level lumbar fusion. Treating physicians testified the collision necessitated surgery and affected his ability to perform manual labor. The plaintiff sought damages for past and future medical costs, lost wages, and pain and mental anguish. While the defendants did not dispute negligence for the collision, they contested causation and the extent of injury. The defense argued the impact was minor, noting the police report indicated no immediate injuries and the van was traveling at low speed. Defense experts opined the plaintiff's back problems were attributable to his pre-existing degenerative condition, not the accident, and that he would sustain no wage loss. Following a five-day trial, the jury found the defendant driver negligent and determined his negligence was a factual cause of the plaintiff's injuries. The jury awarded the plaintiff $563,003 in damages. The court subsequently added $32,257.69 for pre-judgment interest and court costs, resulting in a total judgment of $595,360.46 for the plaintiff.