Motor Vehicle Accident Lawyers in Bellville, Texas | Attorney911

If You’ve Been Injured in a Bellville Car Accident, We’re Here to Help

Every year, thousands of Texans are injured in motor vehicle accidents—many right here in Bellville and Austin County. If you or a loved one has been hurt in a car crash, truck collision, or any other type of accident on Bellville’s roads, you’re not alone. The aftermath of an accident can be overwhelming: medical bills piling up, insurance companies pressuring you, and the uncertainty of what comes next. At Attorney911, we understand what you’re going through, and we’re here to fight for the compensation you deserve.

With over 25 years of experience serving Texas accident victims, our team at Attorney911 has recovered millions for clients just like you. We know the roads of Bellville, the courts of Austin County, and—most importantly—we know how to hold negligent drivers and their insurance companies accountable. When you call 1-888-ATTY-911, you’re not just calling a law firm—you’re calling your neighbors, your advocates, and your legal emergency response team.

Why Bellville Accident Victims Choose Attorney911

We Know Bellville’s Roads and Courts

Bellville may be a small city, but its roads see their share of accidents. Whether you were injured on Highway 36, FM 529, or one of the many rural roads that connect Bellville to nearby communities like Sealy, Brenham, or Columbus, we know the unique challenges of navigating Austin County’s legal landscape. Our familiarity with local courts, judges, and even the insurance adjusters who handle claims in this area gives our clients a distinct advantage.

A Former Insurance Defense Attorney Is Now Fighting for You

What sets Attorney911 apart from other firms is our unique insider knowledge of how insurance companies operate. Lupe Peña, one of our associate attorneys, spent years working for a national insurance defense firm. He knows their tactics because he used them—calculating claim values, deploying delay strategies, and even hiring the same “independent” medical examiners they use to minimize injuries. Now, he uses that knowledge to fight for victims like you.

“I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life—they’re building ammunition against you.” — Lupe Peña

Multi-Million Dollar Results for Bellville Clients

Our track record speaks for itself. We’ve secured multi-million dollar settlements for clients who suffered life-changing injuries in accidents just like yours. Here are just a few examples of the results we’ve achieved:

• A multi-million dollar settlement for a client who suffered a traumatic brain injury with vision loss after a log dropped on him at a logging company.
• A seven-figure settlement for a client whose leg was injured in a car accident. Complications during treatment led to a partial amputation.
• Millions recovered for families who lost loved ones in trucking-related wrongful death cases.
• A significant cash settlement for a client who injured his back while lifting cargo on a ship, after we proved he should have been assisted in this duty.

These aren’t just numbers—they’re lives changed, families protected, and futures secured. When you work with Attorney911, you’re not just hiring a lawyer; you’re gaining a team with the experience and resources to take on even the most complex cases.

Personal Attention from Day One

At Attorney911, we believe that personal attention makes all the difference. Unlike larger firms where you might feel like just another case number, we treat every client like family. As one of our clients, Chad Harris, put it:

“You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

From the moment you call 1-888-ATTY-911, you’ll work directly with our team—including Ralph Manginello, our founding attorney with over 25 years of experience. We keep you informed every step of the way, answering your questions and providing the guidance you need during this difficult time.

We Answer When You Need Us Most

Accidents don’t happen on a 9-to-5 schedule, and neither do we. When you call 1-888-ATTY-911, you’re reaching a true legal emergency line. We’re here to help you navigate the critical first steps after an accident, preserve evidence, and protect your rights—no matter when disaster strikes.

Common Types of Motor Vehicle Accidents in Bellville

Bellville’s mix of rural roads, state highways, and local streets means accidents can happen in many ways. Here are some of the most common types of motor vehicle accidents we handle for clients in Bellville and Austin County:

1. Car Accidents in Bellville

Car accidents are the most common type of motor vehicle collision in Bellville. Whether it’s a rear-end crash on Highway 36, a T-bone collision at the intersection of FM 529 and Main Street, or a single-vehicle accident on one of the area’s rural roads, these accidents can cause serious injuries.

Common Causes of Car Accidents in Bellville:

• Distracted driving (texting, talking on the phone, or using GPS)
• Speeding, especially on rural roads where drivers may underestimate curves
• Drunk or drugged driving
• Failure to yield the right of way
• Running red lights or stop signs
• Following too closely (tailgating)
• Weather conditions (rain, fog, or even ice in rare Texas winters)

Common Injuries in Car Accidents:

• Whiplash and soft tissue injuries
• Herniated or bulging discs
• Broken bones and fractures
• Traumatic brain injuries (TBI)
• Spinal cord injuries and paralysis
• Internal organ damage
• Lacerations and bruises

What to Do After a Car Accident in Bellville:

1. Call 911 and report the accident.
2. Seek medical attention immediately, even if you feel fine. Adrenaline can mask injuries.
3. Document everything: take photos of the scene, vehicle damage, and your injuries.
4. Exchange information with the other driver(s), but avoid discussing fault.
5. Get witness contact information if possible.
6. Call Attorney911 at 1-888-ATTY-911 before speaking to any insurance company.

“I was rear-ended and the team got right to work. They kept me updated throughout the entire process, and I also got a very nice settlement.” — MONGO SLADE

2. 18-Wheeler and Trucking Accidents

With Highway 36 running through Bellville and connecting to major freight corridors like I-10, trucking accidents are a serious concern in Austin County. The sheer size and weight of commercial trucks—often 80,000 pounds or more—mean that collisions with these vehicles can be catastrophic.

Texas Trucking Accident Statistics:

• In 2024, there were 39,393 commercial motor vehicle crashes in Texas.
• These crashes resulted in 608 fatalities and 1,601 serious injuries.
• Texas accounts for 11% of all fatal truck crashes in the United States.
• There were 549 fatal truck accidents in Texas in 2024, resulting in 620 deaths.

Why Trucking Accidents Are More Complex:

• Multiple liable parties: The truck driver, trucking company, cargo loader, vehicle manufacturer, and even maintenance companies could all share responsibility.
• Higher insurance limits: Commercial trucking companies carry policies worth $750,000 to $5,000,000 or more, which means there’s more potential compensation available.
• Federal regulations: The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules for truck drivers and companies. Violations of these rules can prove negligence.
• Black box data: Most commercial trucks are equipped with electronic logging devices (ELDs) and event data recorders (EDRs) that capture critical information about the truck’s speed, braking, and hours of service.

Common Causes of Trucking Accidents in Bellville:

• Driver fatigue (violating FMCSA Hours of Service rules)
• Distracted driving (texting, eating, or using a dispatch device)
• Improper loading or overloading of cargo
• Poor vehicle maintenance (brake failures, tire blowouts)
• Driving under the influence of drugs or alcohol
• Speeding or reckless driving
• Inadequate driver training

FMCSA Hours of Service Rules:
Truck drivers are subject to strict limits on how long they can drive without rest. These rules are designed to prevent fatigue-related accidents, but they’re often violated. Here are the key FMCSA regulations:

• 11-Hour Driving Limit: Drivers can drive a maximum of 11 hours after 10 consecutive hours off duty.
• 14-Hour On-Duty Limit: Drivers cannot drive beyond the 14th consecutive hour after coming on duty.
• 30-Minute Break: Drivers must take a 30-minute break after 8 cumulative hours of driving.
• 60/70-Hour Weekly Limit: Drivers cannot drive after 60 hours on duty in 7 consecutive days or 70 hours in 8 consecutive days.
• 34-Hour Restart: Drivers can reset their weekly limit after 34 consecutive hours off duty.

Why You Need an Experienced Trucking Accident Attorney:
Trucking companies and their insurers have teams of lawyers and adjusters working to minimize their liability. They’ll often try to blame the accident on the smaller vehicle or argue that the injuries weren’t caused by the crash. At Attorney911, we know how to counter these tactics. Our team includes a former insurance defense attorney who understands their playbook, and we have the resources to take on even the largest trucking companies.

“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.” — Attorney911 Case Result

3. Drunk Driving Accidents

Drunk driving is a leading cause of accidents in Texas, and Bellville is no exception. In 2024, 1,053 people were killed in alcohol-impaired driving crashes in Texas—accounting for 25.37% of all traffic fatalities in the state. These accidents are 100% preventable, and the consequences can be devastating.

Texas Dram Shop Liability:
In Texas, bars, restaurants, and other establishments that serve alcohol can be held liable if they serve an obviously intoxicated person who then causes an accident. This is known as dram shop liability and is governed by the Texas Alcoholic Beverage Code § 2.02.

To prove dram shop liability, we must show:

1. The establishment served alcohol to someone who was obviously intoxicated at the time of service.
2. The over-service was the proximate cause of the accident and resulting damages.

Signs of Obvious Intoxication:

• Slurred speech
• Bloodshot or glassy eyes
• Unsteady gait or stumbling
• Impaired coordination
• Aggressive or erratic behavior
• Strong odor of alcohol
• Difficulty standing or walking

Who Can Be Held Liable Under Dram Shop Laws?

• Bars and nightclubs
• Restaurants that serve alcohol
• Liquor stores
• Event venues (concerts, festivals, sporting events)
• Hotels with bars or room service
• Country clubs

Why Drunk Driving Cases Often Result in Higher Settlements:

• Punitive damages are available in drunk driving cases, as the behavior is considered grossly negligent.
• Multiple defendants can be held liable, including both the drunk driver and the establishment that over-served them.
• Criminal cases can strengthen the civil claim, as a conviction can serve as evidence of negligence.
• Insurance companies often have a harder time defending these cases because the behavior is so egregious.

Attorney911’s Unique Advantage in Drunk Driving Cases:
Our firm has experience handling both criminal and civil cases. Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), which means we understand the criminal justice system and how it intersects with civil claims. We’ve successfully defended clients against DWI charges, and that experience gives us unique insight into how to build strong civil cases against drunk drivers.

Case Examples from Our Firm:

• DWI Dismissal #1: Our client was charged with drunk driving based on a breath test. Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines. The charges were dismissed.
• DWI Dismissal #2: Our client drove home at 2:30 a.m., hit a curb, and rolled his car, injuring a passenger. We learned that 1) police conducted no breath or blood test, 2) EMS didn’t note intoxication, and 3) nurse notes from the hospital were missing. The case was dismissed on the day of trial.
• DWI Dismissal #3: Our client was charged with DUI/DWI, and the state’s primary evidence was a video of the field sobriety test. We succeeded in having the case dismissed because our client did not appear drunk in the video.

4. Motorcycle Accidents in Bellville

Motorcycle accidents often result in severe injuries due to the lack of protection for riders. In 2024, 585 motorcyclists were killed in Texas, and 37% of those killed were not wearing helmets. While Bellville may not have the same traffic volume as Houston or Austin, the rural roads and higher speeds can make motorcycle accidents particularly dangerous.

Texas Helmet Law:

• Riders under 21 are required to wear a helmet.
• Riders 21 and older may ride without a helmet only if they have completed an approved motorcycle safety course or have at least $10,000 in medical insurance coverage.

Common Causes of Motorcycle Accidents in Bellville:

• Failure to yield the right of way: This is the most common cause of motorcycle accidents. Drivers often fail to see motorcycles or misjudge their speed.
• Driver inattention or distraction: Texting, talking on the phone, or even daydreaming can lead to drivers not noticing motorcycles.
• Unsafe lane changes: Drivers may change lanes without checking their blind spots, where motorcycles often travel.
• Left-turn accidents: Drivers making left turns at intersections often collide with motorcycles going straight.
• Speeding or reckless driving: Higher speeds reduce reaction time and increase the severity of accidents.

Comparative Negligence in Motorcycle Accidents:
Texas follows the 51% bar rule for comparative negligence. This means:

• If you are 50% or less at fault, you can recover damages, but your compensation will be reduced by your percentage of fault.
• If you are 51% or more at fault, you cannot recover any damages.

Insurance companies often try to blame motorcyclists for accidents, arguing that they were speeding, lane-splitting (which is illegal in Texas), or not paying attention. At Attorney911, we know how to counter these arguments. Lupe Peña, our former insurance defense attorney, understands the tactics they use and how to defeat them.

5. Pedestrian Accidents

Pedestrians are among the most vulnerable road users, and accidents involving pedestrians often result in catastrophic injuries or death. In 2024, there were 6,095 pedestrian crashes in Texas, resulting in 768 fatalities. Pedestrians account for only 1% of all crashes but 19% of all roadway deaths.

Pedestrian Right-of-Way in Texas:
Under Texas law, pedestrians always have the right-of-way at intersections, even if there is no marked crosswalk. This is a critical point that many drivers—and even some pedestrians—don’t know. If you were hit by a car while crossing at an intersection, the driver was likely at fault.

Common Causes of Pedestrian Accidents in Bellville:

• Drivers failing to yield at crosswalks
• Distracted driving (texting, talking on the phone)
• Speeding, especially in residential areas
• Drunk or drugged driving
• Poor visibility at night or in bad weather
• Drivers making turns without checking for pedestrians

Common Pedestrian Injuries:

• Traumatic brain injuries (TBI)
• Spinal cord injuries and paralysis
• Broken pelvis and legs
• Internal organ damage
• Severe lacerations and road rash
• Wrongful death

What to Do If You’re a Pedestrian Hit by a Car:

1. Call 911 immediately.
2. Seek medical attention, even if you feel fine. Internal injuries may not be immediately apparent.
3. Document the scene: take photos of the accident location, vehicle damage, and your injuries.
4. Get the driver’s contact and insurance information.
5. Collect witness contact information.
6. Call Attorney911 at 1-888-ATTY-911 before speaking to the driver’s insurance company.

6. Rideshare Accidents (Uber/Lyft)

Rideshare services like Uber and Lyft have become a common way to get around Bellville and the surrounding areas. However, accidents involving rideshare vehicles can be particularly complex due to the multiple insurance policies involved.

Rideshare Industry Statistics:

• There have been 11 billion rideshare trips in the U.S. since 2010.
• Uber completes 17.4 million trips daily.
• There are 118 million Uber users worldwide.

Rideshare Insurance Phases:
The amount of insurance coverage available in a rideshare accident depends on what the driver was doing at the time of the crash. Here’s a breakdown of the four insurance phases:

Who Can Be Injured in a Rideshare Accident?

• 21% of victims are riders in the rideshare vehicle.
• 21% are rideshare drivers.
• 58% are third parties, such as other drivers, pedestrians, or passengers in other vehicles.

Why Rideshare Accidents Are Complex:

• Multiple insurance policies may apply, depending on the driver’s status at the time of the accident.
• Uber and Lyft have teams of adjusters and lawyers working to minimize their liability.
• Determining fault can be complicated, especially if multiple vehicles are involved.

How Attorney911 Can Help:
Lupe Peña’s background as an insurance defense attorney gives us unique insight into how rideshare companies and their insurers evaluate claims. We know how to navigate the complex web of insurance coverage and maximize your recovery.

7. Hit and Run Accidents

Hit and run accidents are particularly frustrating because the at-fault driver flees the scene, leaving victims to deal with injuries, property damage, and the uncertainty of who caused the crash. In Texas, hit and run is a serious crime, and the penalties can be severe.

Texas Hit and Run Penalties:

What to Do After a Hit and Run Accident in Bellville:

1. Call 911 and report the accident. Provide as much information as possible about the fleeing vehicle (make, model, color, license plate number if you saw it).
2. Seek medical attention immediately, even if you feel fine.
3. Document the scene: take photos of your vehicle damage, the accident location, and any visible injuries.
4. Get witness contact information if possible.
5. Call Attorney911 at 1-888-ATTY-911 immediately. Time is critical in hit and run cases.

Uninsured/Underinsured Motorist (UM/UIM) Coverage:
If the at-fault driver is never identified or doesn’t have sufficient insurance, your own UM/UIM coverage can compensate you for your injuries and damages. Texas allows inter-policy stacking, which means you can combine coverage from multiple policies to maximize your recovery.

Why You Need an Attorney After a Hit and Run:

• We can help you navigate the complex UM/UIM claims process.
• We send preservation letters to local businesses to secure surveillance footage before it’s deleted.
• We work with law enforcement to track down the fleeing driver.
• We handle all communications with your insurance company so you can focus on recovery.

8. Other Types of Motor Vehicle Accidents in Bellville

While car, truck, and drunk driving accidents are the most common, Bellville sees its share of other types of motor vehicle accidents as well. Here’s a brief overview of some other accident types we handle:

Bicycle Accidents

Bicycle accidents can result in serious injuries, especially when a cyclist is struck by a motor vehicle. In 2024, there were 78 cyclist fatalities in Texas. Common causes of bicycle accidents include drivers failing to yield, opening car doors into cyclists’ paths (known as “dooring”), and unsafe lane changes.

Bus Accidents

Bus accidents can involve city buses, school buses, or private charter buses. In 2024, there were 1,110 bus accidents in Texas, resulting in 17 fatalities and 549 injuries. Bus accidents can be complex due to the number of potential liable parties, including the bus driver, the bus company, and even government entities.

Work Zone Accidents

Work zones are common on Texas highways, including in and around Bellville. In 2024, there were nearly 28,000 crashes in Texas work zones, resulting in 215 deaths—a 12% increase from the previous year. Work zone accidents are often caused by speeding, distracted driving, or failure to follow posted signs.

Distracted Driving Accidents

Distracted driving is a growing problem, with 380 deaths in Texas in 2024 attributed to this cause. Common distractions include texting, talking on the phone, eating, using GPS, or even interacting with passengers. Texas has laws against texting while driving, but many drivers still engage in this dangerous behavior.

Weather-Related Accidents

While Bellville doesn’t see extreme weather as often as other parts of Texas, rain, fog, and even rare ice storms can create hazardous driving conditions. Drivers who fail to adjust their speed or following distance for weather conditions can be held liable for accidents.

Intersection Accidents

Intersections are high-risk areas for accidents. In 2024, there were 1,050 intersection-related fatalities in Texas. Common causes of intersection accidents include running red lights, failing to yield, and making unsafe left turns.

E-Scooter and E-Bike Accidents

E-scooters and e-bikes have become increasingly popular in Texas, but they also come with risks. In 2024, there were numerous accidents involving these vehicles, often due to rider inexperience, poor road conditions, or collisions with motor vehicles. Texas law classifies e-bikes into three categories based on their speed and features, which can affect liability in an accident.

Boat and Maritime Accidents

While Bellville is not on the coast, nearby lakes and rivers mean that boat accidents do occur. These accidents can result in serious injuries or drowning. Maritime law can be complex, and it’s important to work with an attorney who understands the unique legal issues involved.

What to Do After an Accident in Bellville: The 48-Hour Protocol

The actions you take in the first 48 hours after an accident can significantly impact your ability to recover compensation for your injuries. Evidence disappears quickly, and insurance companies start building their case against you from the moment the accident happens. Here’s what you should do to protect your rights:

Hour 1-6: Immediate Crisis Response

1. Ensure Safety: If you can move safely, get to a secure location away from traffic. Turn on your hazard lights and set up flares or warning triangles if you have them.
2. Call 911: Report the accident and request medical assistance if anyone is injured. Even if injuries seem minor, it’s important to get checked out by a medical professional.
3. Seek Medical Attention: Adrenaline can mask pain and injuries. Many serious conditions, like traumatic brain injuries or internal bleeding, may not show symptoms immediately. Get to the nearest hospital or urgent care center.
4. Document the Scene:
   • Take photos of all vehicle damage from multiple angles.
   • Photograph the accident scene, including road conditions, traffic signals, and skid marks.
   • Take photos of visible injuries.
   • Screenshot any messages visible on your phone (do NOT delete anything).
5. Exchange Information:
   • Other driver’s name, phone number, and address
   • Insurance company and policy number
   • Driver’s license number
   • License plate number
   • Vehicle make, model, and color
6. Talk to Witnesses: Get the names and phone numbers of any witnesses. Ask if they saw what happened and if they’d be willing to provide a statement.
7. Call Attorney911: Before speaking to any insurance company, call 1-888-ATTY-911 for immediate legal guidance.

Hour 6-24: Evidence Preservation

1. Preserve Digital Evidence:
   • Do NOT delete any texts, calls, photos, or videos related to the accident.
   • Screenshot everything relevant and email copies to yourself for backup.
2. Secure Physical Evidence:
   • Keep any damaged clothing, glasses, or personal items.
   • Save receipts for any expenses related to the accident (towing, rental car, medications).
   • Do NOT repair your vehicle yet—preserve the damage for evidence.
3. Medical Records:
   • Request copies of all ER and hospital records.
   • Keep all discharge paperwork.
   • Follow up with your primary care physician within 24-48 hours.
4. Insurance Communications:
   • Note any calls from insurance companies.
   • Do NOT give recorded statements without consulting an attorney.
   • Do NOT sign anything.
   • Do NOT accept any settlement offers.
   • If contacted, say: “I need to speak with my attorney first.”
5. Social Media:
   • Make ALL your social media profiles private immediately.
   • Do NOT post about the accident, your injuries, or your activities.
   • Do NOT post photos or check in at locations.
   • Tell friends and family not to tag you in posts.

Hour 24-48: Strategic Decisions

1. Legal Consultation:
   • Speak with an experienced motor vehicle accident attorney.
   • Call Attorney911 at 1-888-ATTY-911 for a free consultation.
   • Have your documentation ready.
2. Insurance Response:
   • If the insurance company contacts you, refer them to your attorney.
   • Say: “My attorney will be in touch with you.”
   • Provide only basic information: your name, the date of the accident, and that you were involved.
3. Settlement Offers:
   • Do NOT accept or sign anything without your lawyer reviewing it.
   • Early offers are ALWAYS lowball offers.
   • You don’t know the full extent of your injuries yet.
4. Evidence Backup:
   • Upload all screenshots and photos to cloud storage.
   • Email copies to yourself and a family member.
   • Create a written timeline of events while your memory is fresh.

Week One Priorities

1. Medical Follow-Up:
   • Continue documenting all injuries.
   • See specialists if recommended by your doctor.
   • Follow ALL doctor recommendations (insurance companies watch for gaps in treatment).
   • Get written work restrictions if needed.
2. Investigation Begins:
   • Your attorney will obtain the police report.
   • Preservation letters will be sent to all parties.
   • Surveillance footage will be secured before it’s deleted.
   • Witness statements will be recorded.
3. Communication:
   • Your attorney will handle ALL insurance communications.
   • You can focus on your recovery.
   • Document any pressure from insurance companies or other parties.

Why Evidence Disappears So Quickly

One of the most critical reasons to act fast after an accident is that evidence disappears on a predictable schedule. Here’s what you stand to lose if you wait:

Day 1-7:

• Witness memories are at their peak but begin fading immediately.
• Physical evidence like skid marks and debris is cleared from the scene.
• Witnesses become harder to locate as days pass.

Day 7-30:

• Surveillance footage is deleted:
  • Gas stations: 7-14 days
  • Retail stores: 30 days
  • Ring doorbells: 30-60 days
  • Traffic cameras: 30 days
  • Once deleted, this footage is GONE FOREVER.
• Witnesses may change jobs, move, or become unreachable.
• Accident scenes change due to road repairs or new construction.

Month 1-2:

• Insurance companies solidify their defense position.
• Adjusters have built a file against you.
• Their settlement position hardens.
• Vehicle repairs destroy evidence from the vehicles once they’re fixed.

Month 2-6:

• Trucking electronic data is deleted:
  • ELD (Electronic Logging Device) data: 30-180 days
  • Black box data: Can be automatically overwritten
  • GPS/telematics data: Varies by company
• Cell phone records become harder to obtain.
• Social media posts may be deleted or accounts deactivated.

Month 6-12:

• Witnesses graduate, move away, or their memories degrade significantly.
• Medical evidence becomes harder to link to the accident.
• Treatment gaps can be used against you by insurance companies.
• Financial desperation mounts as bills pile up, making you more vulnerable to lowball offers.

Month 12-24:

• The statute of limitations is approaching.
• This creates pressure to settle, and insurance companies know you may be desperate.
• Evidence is severely degraded.
• Your case value is diminished.

How Attorney911 Protects Your Case

At Attorney911, we move fast to preserve evidence and build your case. Here’s what we do in the critical first 24 hours after you hire us:

1. Send Preservation Letters:
   We send letters to all parties involved, legally requiring them to preserve evidence before it’s automatically deleted. This includes:

   • The other driver and their insurance company
   • Trucking companies (for commercial vehicle accidents)
   • Businesses near the accident scene (for surveillance footage)
   • Employers (for employment records and work schedules)
   • Property owners (for security camera footage)
   • Government entities (for traffic camera footage)
   • Vehicle manufacturers (for black box/EDR data)
   • Rideshare companies (for driver status and GPS data)

2. Secure Surveillance Footage:
   We canvas the accident scene for cameras and send preservation letters to nearby businesses, gas stations, and homes with Ring doorbells. Most footage is deleted within 7-30 days, so time is critical.

3. Obtain Police Reports and 911 Recordings:
   We order the official police report and any 911 call recordings, which can contain critical evidence about the accident.

4. Photograph the Scene:
   We visit the accident scene to photograph it before it changes. This includes road conditions, traffic signals, and any remaining physical evidence.

5. Interview Witnesses:
   We locate and interview witnesses while their memories are fresh. Witness statements can be crucial in proving liability.

6. Obtain Medical Records:
   We request copies of all your medical records immediately to document your injuries and treatment.

7. Identify All Insurance Policies:
   We investigate all available insurance coverage, including:

   • The at-fault driver’s liability policy
   • Your own uninsured/underinsured motorist (UM/UIM) coverage
   • Commercial policies (if the at-fault driver was working)
   • Umbrella policies (additional coverage beyond standard limits)

8. Begin Accident Reconstruction:
   If necessary, we work with accident reconstruction experts to determine exactly how the accident happened and who was at fault.

Every day you wait, evidence disappears. Call Attorney911 now at 1-888-ATTY-911 to protect your case.

Texas Motor Vehicle Law: What You Need to Know

Understanding Texas law is crucial to protecting your rights after an accident. Here are the key legal concepts you need to know:

Statute of Limitations

In Texas, you have a limited amount of time to file a lawsuit after an accident. This is known as the statute of limitations, and it’s governed by the Texas Civil Practice & Remedies Code § 16.003.

Exceptions:

• Discovery Rule: In some cases, the statute of limitations may start later if the injury or its cause wasn’t immediately discoverable.
• Defendant Absence: The clock may be paused if the defendant leaves Texas.
• Mental Incapacity: The statute of limitations is tolled during periods of mental incapacity.

Why This Matters:
If you miss the deadline, your case will be barred forever. You won’t be able to recover any compensation, no matter how severe your injuries. That’s why it’s critical to contact an attorney as soon as possible after your accident.

Comparative Negligence: The 51% Bar Rule

Texas follows a modified comparative negligence system with a 51% bar rule. This means:

• If you are 50% or less at fault for the accident, you can recover damages, but your compensation will be reduced by your percentage of fault.
• If you are 51% or more at fault, you cannot recover any damages.

Examples:

Why This Matters:
Insurance companies will always try to assign as much fault as possible to you to reduce their payment. Even small percentages of fault can cost you thousands of dollars:

• 10% fault on a $100,000 case = $10,000 less for you
• 25% fault on a $250,000 case = $62,500 less for you
• 40% fault on a $500,000 case = $200,000 less for you

At Attorney911, we know how to counter these arguments. Lupe Peña, our former insurance defense attorney, understands the tactics they use because he used them for years. Now, he uses that knowledge to fight for victims like you.

Texas Minimum Auto Insurance Requirements

Texas is an at-fault state, which means the at-fault driver’s insurance is responsible for paying for the damages they cause. Texas law requires all drivers to carry minimum auto insurance coverage:

Uninsured/Underinsured Motorist Coverage:

• 15.4% of U.S. motorists are uninsured (approximately 1 in 7 drivers).
• Uninsured Motorist (UM) coverage protects you if the at-fault driver has no insurance.
• Underinsured Motorist (UIM) coverage protects you if the at-fault driver’s insurance is insufficient to cover your damages.
• Texas allows inter-policy stacking, which means you can combine coverage from multiple policies to maximize your recovery.

Why This Matters:
If the at-fault driver only has minimum coverage, their policy may not be enough to cover your medical bills and other damages. That’s why it’s important to have UM/UIM coverage on your own policy.

Legal Terms You Need to Know

Proving Liability: How We Build Your Case

To win your motor vehicle accident case, we must prove that the other driver was negligent and that their negligence caused your injuries. Negligence has four key elements:

1. Duty of Care

All drivers have a legal duty to operate their vehicles safely and obey traffic laws. This includes:

• Maintaining a proper lookout
• Controlling their speed
• Obeying traffic signals and signs
• Yielding the right of way when required

Commercial drivers, such as truck drivers, have an even higher duty of care due to the size and weight of their vehicles.

2. Breach of Duty

We must show that the other driver violated their duty of care. Common examples include:

• Speeding
• Running a red light or stop sign
• Texting or talking on the phone while driving
• Driving under the influence of drugs or alcohol
• Failing to yield the right of way
• Following too closely (tailgating)
• Driving while fatigued

3. Causation

We must prove that the other driver’s breach of duty directly caused your injuries. This is often done using the “but for” test: But for the defendant’s actions, you would not have been injured.

We also must show that your injuries were a foreseeable result of the defendant’s negligence. For example, it’s foreseeable that speeding could cause an accident and result in injuries.

4. Damages

You must have suffered actual harm as a result of the accident. This can include:

• Physical injuries
• Medical expenses
• Lost wages
• Pain and suffering
• Property damage

Types of Evidence We Use to Prove Your Case

Building a strong case requires gathering and preserving evidence. Here are the types of evidence we use:

Physical Evidence

• Vehicle damage photographs: Taken from all angles to show the severity of the impact.
• Skid marks and debris: Can help determine the speed and direction of the vehicles.
• Road conditions: Photos of potholes, poor lighting, or obscured signs.
• Damaged personal property: Clothing, glasses, phones, or other items damaged in the accident.

Documentary Evidence

• Police accident report: Contains the officer’s assessment of the accident, including citations issued and their opinion on fault.
• 911 call recordings: Can provide valuable information about the accident and the parties involved.
• Traffic camera footage: If available, can show the accident as it happened.
• Surveillance footage: From nearby businesses, gas stations, or Ring doorbells.
• Medical records and bills: Document your injuries and the treatment you received.
• Employment records: To calculate lost wages and lost earning capacity.
• Cell phone records: Can prove distraction if the at-fault driver was texting or talking on the phone.
• Insurance policies: To identify all available coverage.

Electronic Evidence

• ELD (Electronic Logging Device) data: From commercial trucks, shows hours of service and driving patterns.
• Vehicle black box/EDR (Event Data Recorder): Records data such as speed, braking, and seatbelt use in the moments before a crash.
• GPS/telematics data: Shows the vehicle’s location and speed.
• Dashcam footage: From your vehicle or the other driver’s vehicle.
• Social media posts: While we advise against posting about your accident, the other driver’s social media can provide evidence of negligence (e.g., posts about drinking before driving).

Testimonial Evidence

• Witness statements: From people who saw the accident.
• Expert witness testimony: From accident reconstructionists, medical experts, or economists.
• Your testimony: About how the accident happened and how your injuries have affected your life.

Multiple Liable Parties: Why More Defendants Means More Compensation

In many motor vehicle accident cases, there is more than one party who can be held liable for your injuries. The more liable parties there are, the more insurance policies are available to compensate you. Here are some examples:

Trucking Accidents

In a trucking accident, multiple parties may share responsibility:

• Truck driver: For negligent operation of the vehicle.
• Trucking company: For negligent hiring, training, or supervision of the driver.
• Cargo loader: For improper loading that caused the truck to become unstable.
• Vehicle manufacturer: For defective parts that contributed to the accident.
• Maintenance company: For improper repairs or maintenance.

Rideshare Accidents

In a rideshare accident, liability can be complex:

• Rideshare driver: For their negligent actions.
• Rideshare company (Uber/Lyft): For their role in hiring, training, and supervising drivers.
• Other at-fault drivers: If another vehicle was involved.
• Vehicle owner: If different from the driver.

Drunk Driving Accidents

In a drunk driving accident, multiple parties may be liable:

• Drunk driver: For their negligent actions.
• Bar or restaurant: Under dram shop laws if they served an obviously intoxicated person.
• Social host: In limited circumstances if they served alcohol to a minor or an obviously intoxicated guest.
• Liquor store: If they sold alcohol to an obviously intoxicated person.

Why This Matters:
More liable parties mean more insurance policies are available to compensate you. This increases the potential value of your case and makes it more likely that you’ll receive full compensation for your injuries.

Expert Witnesses: How We Prove Your Case

Expert witnesses play a crucial role in motor vehicle accident cases. They provide specialized knowledge and opinions that help prove liability, the extent of your injuries, and the value of your damages. Here are some of the types of experts we work with:

Damages: What You Can Recover

If we prove that the other driver was negligent and caused your injuries, you may be entitled to compensation for your damages. Damages in a motor vehicle accident case fall into three main categories:

1. Economic Damages

Economic damages are quantifiable financial losses that result from the accident. There is no cap on economic damages in Texas.

2. Non-Economic Damages

Non-economic damages are intangible losses that result from the accident. There is no cap on non-economic damages in Texas (except in medical malpractice cases).

3. Punitive/Exemplary Damages

Punitive damages are awarded in cases involving gross negligence, fraud, or malice. They are designed to punish the defendant and deter similar conduct in the future. In Texas, punitive damages are capped at the greater of:

• $200,000, or
• 2x economic damages + 1x non-economic damages (with the non-economic portion capped at $750,000).

Common Situations Where Punitive Damages Apply:

• Drunk driving accidents
• Extreme speeding or reckless driving
• Hit and run accidents
• Intentional misconduct

Settlement Ranges by Injury Type

The value of your case depends on the severity of your injuries, the impact on your life, and the available insurance coverage. Here are some general settlement ranges for common injuries in motor vehicle accidents:

Soft Tissue Injuries (Whiplash, Sprains, Strains)

Medical Treatment:

• Emergency room: $2,000-$5,000
• Follow-up doctor visits: $1,000-$3,000
• Physical therapy (6-12 weeks): $3,000-$7,000
• Medications: $300-$1,000
• Total Medical: $6,000-$16,000

Lost Wages: $2,000-$10,000 (2-6 weeks missed work)
Pain & Suffering: $8,000-$35,000

SETTLEMENT RANGE: $15,000-$60,000
Higher if: Permanent pain, restrictions on activities, or chronic condition develops.

Broken Bone (Single, Simple Fracture)

Medical Treatment:

• Emergency room and X-rays: $3,000-$6,000
• Orthopedic consultation: $500-$1,500
• Casting and follow-up: $2,000-$5,000
• Physical therapy: $3,000-$8,000
• Total Medical: $10,000-$20,000

Lost Wages: $5,000-$15,000 (4-8 weeks missed work)
Pain & Suffering: $20,000-$60,000

SETTLEMENT RANGE: $35,000-$95,000

Broken Bone (Requiring Surgery – ORIF)

Medical Treatment:

• Emergency room: $5,000-$10,000
• Surgery (Open Reduction Internal Fixation): $25,000-$50,000
• Hospital stay (2-3 days): $6,000-$15,000
• Follow-up care: $3,000-$8,000
• Physical therapy (3-6 months): $8,000-$15,000
• Total Medical: $47,000-$98,000

Lost Wages: $10,000-$30,000 (3-6 months recovery)
Pain & Suffering: $75,000-$200,000

SETTLEMENT RANGE: $132,000-$328,000

Herniated Disc (Conservative Treatment)

Medical Treatment:

• Emergency room and initial treatment: $3,000-$6,000
• MRI: $2,000-$4,000
• Physician visits and pain management: $5,000-$12,000
• Physical therapy (3-6 months): $8,000-$15,000
• Epidural steroid injections (series of 3): $3,000-$6,000
• Medications: $1,000-$3,000
• Total Medical: $22,000-$46,000

Lost Wages: $8,000-$25,000
Pain & Suffering: $40,000-$100,000

SETTLEMENT RANGE: $70,000-$171,000

Herniated Disc (Surgery Required)

Medical Treatment:

• Initial treatment and diagnostics: $8,000-$15,000
• Failed conservative treatment: $10,000-$20,000
• Spinal surgery (microdiscectomy or fusion): $50,000-$100,000
• Hospital stay: $8,000-$20,000
• Post-surgical care and follow-up: $5,000-$15,000
• Physical therapy (6-12 months): $10,000-$20,000
• Pain management: $5,000-$15,000
• Total Past Medical: $96,000-$205,000

Future Medical: $30,000-$100,000 (ongoing pain management, possible revision surgery)
Lost Wages: $20,000-$50,000 (6-12 months recovery)
Lost Earning Capacity: $50,000-$400,000 (if you can’t return to a physical job)
Pain & Suffering: $150,000-$450,000

SETTLEMENT RANGE: $346,000-$1,205,000

Traumatic Brain Injury (Moderate to Severe)

Medical Treatment:

• Emergency room and trauma care: $10,000-$30,000
• Hospital/ICU stay (1-4 weeks): $50,000-$200,000
• Neurosurgery if required: $75,000-$200,000
• Acute rehabilitation facility: $30,000-$100,000
• Neurologist follow-up care: $10,000-$30,000
• Neuropsychological testing: $3,000-$8,000
• Cognitive therapy: $15,000-$50,000
• Medications: $5,000-$20,000
• Total Past Medical: $198,000-$638,000

Future Medical (Life Care Plan): $300,000-$3,000,000+ depending on severity
Lost Wages: $50,000-$200,000
Lost Earning Capacity: $500,000-$3,000,000+
Pain & Suffering: $500,000-$3,000,000+

SETTLEMENT RANGE: $1,548,000-$9,838,000

Attorney911 Documented Result:

“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”

Spinal Cord Injury / Paralysis

Lifetime Care Costs by Level: