$450,000 Midland Drunk Driver Rear End Settlement for a Driver Stopped at a Traffic Light

Rear bumper of our client’s white SUV after a drunk driver rear ended it in Midland, the bumper cover split and pushed in at the center
Our client’s SUV after the collision, showing a split rear bumper cover and damage below the liftgate.

A pickup driver accelerated into the back of our client’s SUV while she waited at a Midland traffic light. The investigating officer reported that the pickup driver was intoxicated and recorded an alcohol test result of 0.184.

Senior associate attorney Laura Rivas represented our client, and the case settled at mediation for $450,000.

The injury claim required a detailed explanation. Both vehicles had limited visible damage, and the emergency provider the next morning recorded no apparent injury despite our client’s low back pain. Later records documented lumbar disc herniations, continued treatment and a recommendation for surgery at two levels.

The $450,000 was the gross settlement. Attorney’s fees, case expenses and amounts owed for medical care reduced what our client received.

Case Summary

DetailThis case
Gross settlement$450,000
ResolutionSettlement reached at mediation
Attorney handling the caseLaura Rivas
CollisionPickup struck the rear of our client’s stopped SUV
Alcohol resultCrash report recorded 0.184 for the pickup driver
LocationW. Thomason Drive at S. Midland Drive, Midland
Vehicle damageReported damage ratings of 1 for the pickup and 2 for the SUV. No airbag deployment
Conditions addressed in the claimLumbar disc herniations, a cervical disc protrusion, headaches and post traumatic stress symptoms
TreatmentEmergency care, about 30 chiropractic visits, pain management, a lumbar epidural injection, neurology and spine consultations
Surgical recommendationTwo level lumbar microdiscectomy recommended about ten months after the crash
Surgery statusNo completed surgery documented in the records reviewed for this account
Our roleRepresented the SUV’s driver
How the Crash Happened

A Pickup Accelerated Into Her SUV While Both Vehicles Were at a Light

Our client was stopped facing west on W. Thomason Drive at S. Midland Drive shortly before 10 p.m. The road was dry, and the intersection was lit. A child was secured in a child seat in the back of her SUV.

A pickup was stopped behind her. The officer’s narrative states that the pickup “ACCELERATED AND STRUCK UNIT 2 IN THE REAR. UNIT 1 WAS INTOXICATED.”

The report recorded an alcohol test result of 0.184 for the pickup driver. It listed a business as the pickup’s owner.

The officer recorded everyone as uninjured at the scene. The pickup was towed. Our client’s SUV was not.

The next morning, our client sought emergency care for low back pain.

Read the redacted Midland crash report
The front license plate of the pickup that rear ended our client, torn through the middle where it hit her bumper, the plate characters covered
Damage to the pickup’s front license plate after the rear end collision.
What Made the Injury Claim Difficult

The Collision Report Did Not Resolve the Medical Questions

The report supported our account that the pickup driver accelerated into a stopped vehicle. The more complicated issues concerned the nature, cause and extent of our client’s injuries.

Several parts of the record needed to be considered together:

  • Both vehicles received low damage ratings, and no airbags deployed.
  • The emergency provider the next morning documented low back pain but found no apparent injury and did not order spine imaging.
  • CT scans nine days after the crash showed degenerative changes without an acute abnormality.
  • Three lumbar MRI reports described the disc findings differently.
  • A surgeon later recommended an operation, but the reviewed records did not document that surgery taking place.
  • Providers reached different conclusions about whether our client had a concussion related condition.

These details were part of the claim. They could not be replaced by the alcohol result or the fact that our client had been rear ended.

The Records and Our Work

1. The Crash Report Supported the Claim Against the Pickup Driver

Three parts of the report supported our client’s account:

  • The officer described the pickup accelerating into her stopped SUV.
  • The report recorded the pickup driver’s alcohol result.
  • Contributing factors were assigned to the pickup driver, with none assigned to our client.

The report supported the liability claim. It did not establish the medical cause of every later symptom or determine the value of the case.

The listed business ownership was also a report entry, not, by itself, a finding that the business was legally responsible.

2. We Organized the Medical Records From the First Visit Through the Surgical Consultation

The medical packet contained 294 pages spanning approximately ten months.

The chronology showed why the early emergency findings and the later surgical recommendation both mattered.

Time after the crashWhat the records documentedWhy it mattered
Day 1Low back pain, normal neurological findings and no spine imaging. The provider recorded no apparent injury.Documented an early complaint, along with findings that did not identify a serious injury at that visit.
Day 9Neck and low back CT scans showed no acute abnormality and did show degenerative changes.Added findings that needed to be considered alongside the later MRIs.
Day 27Lumbar MRI reported a 5 mm herniation at L4 to L5 and a 7 mm herniation at L5 to S1, with spinal canal narrowing.Documented lumbar disc findings, without independently establishing when or how they developed.
Day 32 to about month 6½Approximately 30 chiropractic visits.Documented the course of conservative treatment.
Day 60Cervical MRI reported a 2 mm protrusion at C5 to C6.Added imaging relevant to the neck and arm complaints.
Day 142Lumbar epidural steroid injection. Our client later reported about 50% relief of her back pain.Documented treatment and a partial response.
Days 148 to 159Two emergency visits for a positional headache after the injection, diagnosed as a post procedure complication. It had resolved by day 159.Distinguished the treatment related headache from other headache complaints.
Day 206Pain management records described neck pain at 8 out of 10 and low back pain at 7 out of 10, with right sided radiation. A spine referral followed.Documented continued symptoms after conservative care.
Day 268Lumbar MRI described a 0.9 cm extrusion at L5 to S1, an annular tear and contact with both S1 nerve roots. Brain MRI was normal.Added later imaging findings, while leaving questions about timing and causation.
Day 310A spine surgeon found her to be a candidate for a right sided microdiscectomy at L4 to L5 and L5 to S1 and placed a surgical order.Documented a recommendation for further treatment, not a completed operation.

3. The MRI Findings Needed Context, Not a Claim of Proven Progression

The lumbar MRI reports did not describe the findings identically.

Across three studies, the lowest level disc finding was measured at 7 mm, then 5 mm, then described as a 0.9 cm extrusion. The reports also differed in where they described narrowing, while our client’s reported symptoms remained predominantly right sided.

Those measurements should not be presented as a simple progression without a supporting medical opinion.

The later radiologist stated that the annular tear might reflect an acute or subacute injury. That wording did not establish that the tear occurred in this crash, particularly because the study was performed months afterward.

Our account therefore distinguishes what the radiologist observed from what the records could establish about causation.

4. Other Records Also Contained Differences

The file included inconsistencies beyond the MRI measurements:

  • Pain management and spine records said our client had not returned to her physically demanding job. Neurology histories reported a return to full duty.
  • A spine note placed the injection about two months earlier, while billing records placed it near the fifth month after the crash.
  • The demand package referred to a hospitalization, while the reviewed records documented emergency visits with same day discharge.

These differences limit what can be stated confidently. This account does not claim a confirmed period of lost work or an inpatient hospital admission based on those entries.

5. Providers Reached Different Conclusions About the Head Symptoms

Around the ninth month, the spine practice recorded that our client’s jaw had struck the steering wheel and diagnosed post concussion syndrome.

About two weeks later, a neurologist evaluating her by video reported no clinical evidence of a mild traumatic brain injury. That note also recorded diagnoses including closed head injury, whiplash, a chronic migraine pattern and acute post traumatic stress symptoms, including anxiety about driving.

Her brain MRI was normal.

The records therefore contained different clinical assessments. We have not combined them into a definitive brain injury diagnosis that the neurologist did not make.

Learn about rear end accident claims in Texas

The Mediated Settlement

Laura Rivas Represented Our Client in a $450,000 Settlement

ResolutionAmount
Settlement reached at mediation$450,000 gross

Laura represented our client through mediation, where the parties agreed to settle for $450,000.

The settlement was an agreement between the parties, not a judge’s or jury’s decision about fault, medical causation or damages.

The case involved the crash report, serial imaging, treatment history and surgical recommendation. We do not attribute the settlement to any single record, argument or attorney action.

The recommended surgery had not been documented as completed in the records reviewed for this account. The settlement should not be described as compensation for an operation already performed.

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What This Result Does Not Establish

A Settlement Is Not a Court Finding

No judge or jury determined which injuries the crash caused or what our client’s losses were worth. The $450,000 was the amount agreed to at mediation.

Other limits matter:

  • The alcohol result and the officer’s intoxication statement come from the crash report. This page does not report a criminal conviction.
  • The report’s business ownership entry does not establish employer or business liability.
  • A surgical recommendation is not a completed surgery.
  • The MRI measurements do not, by themselves, prove that an injury worsened over time.
  • The records contained different accounts of work status and head injury diagnoses.
  • The settlement was gross, before attorney’s fees, case expenses and medical payments.
  • Past results do not guarantee a similar outcome.
Sources and Attorney Review

Where the Facts Come From

SourceWhat it supports
Redacted Midland police crash reportThe officer’s narrative, recorded alcohol result, contributing factors, vehicle ownership entry, damage ratings, scene injury entries and towing
Client medical records, 294 pages, not publishedEmergency care, imaging reports, treatment, diagnoses, differing histories and the surgical recommendation
Firm’s case file, not publishedLaura Rivas’s handling of the case and the $450,000 mediated settlement

The crash report does not verify the medical treatment or settlement. Those portions of this account are reported by the firm from the medical records and its case file.

Laura Rivas, Senior Associate Attorney of J. Alexander Law Firm

Case handled by: Laura Rivas, Senior Associate Attorney

Josh Alexander, Founder and Managing Attorney of J. Alexander Law Firm

Reviewed by: Josh Alexander, Founder and Managing Attorney

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