Texas Woman Wins Texting and Driving Case

Jan 16,2018

Texting and driving is a dangerous behavior known to distract drivers and cause accidents. However, being able to prove a driver who caused an accident was texting or otherwise using a mobile device can be challenging. Fortunately for an injured Texas woman, an attorney was able to prove the driver who caused the accident was using his cell phone immediately before the crash.

In 2015, Jenny Hennes was driving a Cadillac STS in stop-and-go traffic on a San Antonio interstate when she was rear-ended by a GMC Yukon. The SUV was driven by Mickey Hunt, an employee of JC Fodale Energy Services. Hennes suffered neck, back and shoulder injuries in the crash, which affect her ability to obtain employment.

Driver Had History of Texting and Driving

The lawsuit claimed Hunt had texted more than 2,000 times while driving in the five months before the crash occurred. Additionally Hennes’s attorney told the jury that Hunt had been in a phone conversation just before the accident. He was also texting four minutes prior to that. The jury agreed that JC Fodale’s lack of safety management and Hunt’s inability to drive safely caused the crashed. They awarded Hennes $43.5 million in damages.

Breakdown of the Verdict

The verdict includes about $7.3 million for physical pain and mental anguish, $2.9 million for physical impairment, about $1.3 million for medical expenses and $1.1 million for loss of past and future earnings. Additionally, JC Fodale Energy Services faces $30 million in punitive damages. Hunt has also been ordered to pay $2.5 million in punitive damages.

JC Fodale filed for Chapter 7 liquidation in February 2016. However, Hennes and her attorneys will be able to pursue the company’s insurance coverage, which is roughly $30 million.

“Texting and driving endangers lives, and in this case it severely injured an innocent person. We hope to see juries continue to side with victims of distracted drivers,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an auto accident and want to discuss your legal options, contact us today at (760) 777-7777 for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.