Motor Vehicle Accident Lawyers in Zavalla, Texas – Attorney911 Fights for Your Rights
If you’ve been injured in a car accident in Zavalla, Texas, you’re not alone. Every 57 seconds, another vehicle crash occurs somewhere in Texas, leaving victims with serious injuries, mounting medical bills, and uncertainty about their future. At Attorney911, we understand the physical, emotional, and financial toll a motor vehicle accident can take on you and your family. That’s why our experienced Zavalla car accident lawyers are here to help you navigate the complex legal process and fight for the compensation you deserve.
Why Zavalla Residents Trust Attorney911 After a Car Accident
Zavalla, located in Angelina County, is a close-knit community where residents look out for one another. When tragedy strikes on our roads, you need a legal team that knows Zavalla and understands the unique challenges faced by accident victims in our area. With over 25 years of experience handling motor vehicle accident cases across Texas, Ralph Manginello and our team at Attorney911 have the expertise to take on even the most complex cases.
We’ve helped countless Zavalla residents recover millions of dollars in compensation after car accidents, including a recent case where our client’s leg was injured in a collision. During treatment, staff infections developed, leading to a partial amputation. This case settled in the millions, providing our client with the financial security they needed to move forward.
The Reality of Car Accidents in Zavalla and Angelina County
In Texas, motor vehicle crashes are a daily occurrence. In 2024 alone, there were 251,977 people injured in Texas motor vehicle crashes, with one person injured every 2 minutes and 5 seconds. In Angelina County and the surrounding areas, residents face unique risks on our roads:
- Highway 69: This major north-south route through Zavalla sees heavy traffic, including commercial vehicles and local commuters, increasing the risk of accidents.
- FM 2803 and FM 1818: These rural roads, while scenic, can be dangerous due to narrow lanes, sharp curves, and limited lighting.
- Intersection of US 69 and FM 2803: A known high-risk area for collisions, especially during peak travel times.
- Local commutes: Many Zavalla residents travel to nearby Lufkin or Nacogdoches for work, leading to longer commutes and increased exposure to accident risks.
No matter where your accident occurred in Angelina County—whether on a busy highway, a rural road, or in town—Attorney911 is here to help.
Common Types of Motor Vehicle Accidents in Zavalla
At Attorney911, we handle all types of motor vehicle accidents, including:
Car Accidents
Car accidents are the most common type of motor vehicle collision in Zavalla and across Texas. In 2024, there were over 251,000 injuries from car accidents in Texas. Common causes include:
- Distracted driving (texting, phone use, eating)
- Speeding
- Failure to yield
- Running red lights or stop signs
- Following too closely
- Drunk or drugged driving
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
- Internal organ damage
- Post-traumatic stress disorder (PTSD)
Attorney911 case result:
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
What this means for you:
If you’ve suffered a serious injury in a car accident, you may be entitled to significant compensation. Our Zavalla car accident lawyers will fight to ensure you receive the full value of your claim, including compensation for medical expenses, lost wages, pain and suffering, and more.
Client testimonial:
“I was rear-ended and the team got right to work. They kept me informed throughout the entire process and I also got a very nice settlement.” – MONGO SLADE
18-Wheeler and Trucking Accidents
Trucking accidents are among the most devastating motor vehicle collisions due to the sheer size and weight of commercial trucks. In Texas, there were 39,393 commercial motor vehicle crashes in 2024, resulting in 608 fatalities and 1,601 serious injuries. Texas accounts for 11% of all fatal truck crashes in the United States, making it the deadliest state for trucking accidents.
Why trucking accidents are so dangerous:
- A fully loaded 18-wheeler can weigh up to 80,000 pounds—20 times the weight of a typical passenger car.
- The stopping distance for a truck is significantly longer than for a car, increasing the risk of rear-end collisions.
- Truck drivers often face pressure to meet tight deadlines, leading to fatigue and reckless driving.
Common causes of trucking accidents in Zavalla:
- Driver fatigue (violations of Hours of Service regulations)
- Distracted driving
- Improper loading or overloading
- Poor vehicle maintenance
- Speeding or reckless driving
- Driving under the influence of drugs or alcohol
- Inadequate driver training
Federal regulations that trucking companies must follow:
The Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations for the trucking industry, including:
- Hours of Service (HOS) rules: Drivers are limited to 11 hours of driving after 10 consecutive hours off-duty and cannot drive beyond the 14th consecutive hour on duty. They must also take a 30-minute break after 8 hours of driving.
- Electronic Logging Devices (ELDs): Mandatory since 2017, ELDs record driving time and ensure compliance with HOS rules.
- Drug and alcohol testing: Truck drivers must undergo pre-employment, random, post-accident, and reasonable suspicion drug and alcohol testing.
- Vehicle maintenance: Trucking companies must maintain their vehicles and conduct regular inspections to ensure safety.
Why trucking accidents often result in higher settlements:
- Multiple liable parties: The truck driver, trucking company, cargo loader, and vehicle manufacturer may all share responsibility.
- Higher insurance limits: Commercial trucking policies often have limits of $750,000 to $5,000,000 or more.
- Federal court experience: Many trucking cases involve federal regulations and may be heard in federal court, where Attorney911’s Ralph Manginello is admitted to practice.
- Nuclear verdicts: Texas has seen numerous multi-million-dollar verdicts in trucking cases, including a $37.5 million verdict in a 2024 case involving a distracted truck driver.
Attorney911 case result:
“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.”
What this means for you:
If you or a loved one has been injured in a trucking accident in Zavalla or Angelina County, it’s critical to act quickly. Electronic data from the truck’s black box or ELD can be overwritten in as little as 30 days. Our Zavalla truck accident lawyers will immediately send preservation letters to the trucking company and other parties to ensure this critical evidence is not lost.
Drunk Driving Accidents
Drunk driving is a serious problem in Texas, with 1,053 alcohol-impaired driving deaths in 2024—accounting for 25.37% of all traffic fatalities in the state. In Angelina County and the surrounding areas, drunk driving accidents devastate families and communities.
Why drunk driving accidents are so dangerous:
- Alcohol impairs judgment, reaction time, and coordination, making it difficult for drivers to control their vehicles.
- Drunk drivers are more likely to speed, run red lights, or drive the wrong way on highways.
- Drunk driving accidents often result in catastrophic injuries or fatalities due to the high speeds and lack of evasive action.
Texas dram shop liability (TABC § 2.02):
Under Texas law, bars, restaurants, and other establishments that serve alcohol can be held liable if they serve an obviously intoxicated person who later causes an accident. To prove dram shop liability, we must show:
- The establishment served alcohol to someone who was obviously intoxicated at the time of service.
- 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
Potentially liable parties in a drunk driving accident:
- The drunk driver
- Bars and nightclubs
- Restaurants serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Social hosts (in limited circumstances)
Why drunk driving cases often result in higher compensation:
- Punitive damages: Drunk driving is considered gross negligence, making punitive damages available to punish the defendant and deter similar behavior.
- Multiple defendants: In addition to the drunk driver, we may be able to pursue claims against the establishment that over-served them.
- Criminal case: A criminal conviction for DWI can strengthen your civil case, making it easier to prove liability.
Attorney911’s criminal defense advantage:
Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), giving Attorney911 unique insight into both the criminal and civil aspects of drunk driving cases. Our firm has successfully handled numerous DWI cases, including:
- A case where our client was charged with DWI based on a breath test. Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines, leading to the charges being dismissed.
- A case where our client was charged with DWI after a rollover accident. We discovered that police conducted no breath or blood test, EMS didn’t note intoxication, and nurse notes from the hospital were missing. The case was dismissed on the day of trial.
- A case where our client was charged with DWI based on a field sobriety test video. We succeeded in having the case dismissed because our client did not appear drunk in the video.
What this means for you:
If you’ve been injured by a drunk driver in Zavalla or Angelina County, Attorney911 can help you pursue compensation not only from the driver but also from the establishment that over-served them. Our deep understanding of both criminal and civil law gives us a unique advantage in these cases.
Motorcycle Accidents
Motorcycle accidents are particularly devastating due to the lack of protection for riders. In 2024, there were 585 motorcyclist fatalities in Texas, with 37% of those killed not wearing helmets. In Angelina County and the surrounding areas, motorcyclists face unique risks on our roads.
Texas helmet law:
- Riders under 21 are required to wear a helmet.
- Riders 21 and older may ride without a helmet 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 Zavalla:
- Failure to yield right of way (the most common cause)
- Driver inattention or distraction
- Unsafe lane changes
- Left-turn accidents (T-bone or head-on collisions)
- Speeding or reckless driving
- Road hazards (potholes, debris, uneven pavement)
Why insurance companies often blame motorcyclists:
Texas uses a modified comparative negligence system with a 51% bar rule. This means:
- If you are found to be 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 found to be 51% or more at fault, you cannot recover any damages.
Insurance companies often try to assign maximum fault to motorcyclists to reduce their payout. Lupe Peña, our former insurance defense attorney, knows these tactics well and can counter them effectively.
Common injuries in motorcycle accidents:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Road rash and severe abrasions
- Broken bones and fractures
- Internal organ damage
- Amputations
Client testimonial:
“I was in a motorcycle accident and didn’t know where to turn. Attorney911 took my case when other firms wouldn’t. They fought for me and got me a settlement that changed my life.” – Javier R.
What this means for you:
If you’ve been injured in a motorcycle accident in Zavalla, don’t let the insurance company blame you for the crash. Our Zavalla motorcycle accident lawyers will investigate the accident, gather evidence, and build a strong case to prove the other driver’s negligence.
Pedestrian Accidents
Pedestrians are among the most vulnerable road users, with little to no protection in the event of a collision. In 2024, there were 6,095 pedestrian crashes in Texas, resulting in 768 fatalities. Pedestrians account for just 1% of all crashes but 19% of all roadway deaths.
Why pedestrian accidents are so dangerous in Zavalla:
- Many roads in Angelina County lack sidewalks or adequate lighting, making it difficult for drivers to see pedestrians.
- Drivers may be distracted or fail to yield the right of way at crosswalks.
- Pedestrians struck by vehicles often suffer catastrophic injuries due to the force of the impact.
Critical legal point for pedestrians:
Under Texas law, pedestrians always have the right of way at intersections, even at unmarked crosswalks. Many drivers don’t know this, and insurance companies won’t tell you. Anytime there is an intersection of two streets, the distance between them is considered a crosswalk—even if it’s unmarked.
Common injuries in pedestrian accidents:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken pelvis and legs
- Internal organ damage
- Fatalities
What this means for you:
If you or a loved one has been struck by a vehicle while walking in Zavalla or Angelina County, you may be entitled to compensation for your injuries. Our Zavalla pedestrian accident lawyers will fight to hold the negligent driver accountable and secure the compensation you need for medical treatment, lost wages, and pain and suffering.
Rideshare Accidents (Uber/Lyft)
Rideshare services like Uber and Lyft have transformed transportation in Zavalla and across Texas, but they’ve also introduced new complexities in accident claims. With 11 billion rides completed in the U.S. since 2010, rideshare accidents are becoming increasingly common.
Rideshare insurance phases:
The amount of insurance coverage available in a rideshare accident depends on the driver’s status at the time of the crash. This is one of the most complex aspects of rideshare accident claims, and it’s where Lupe Peña’s insurance defense experience gives Attorney911 a significant advantage.
| Phase | Driver Status | Coverage Available |
|---|---|---|
| Period 0 – Offline | App off, personal use | Personal auto insurance only (Texas minimum: $30,000/$60,000/$25,000) |
| Period 1 – Waiting | App on, no ride request | Contingent coverage: $50,000 per person / $100,000 per accident / $25,000 property damage |
| Period 2 – Accepted | Ride accepted, en route to pickup | Full commercial coverage: $1,000,000 liability |
| Period 3 – Transporting | Passenger in vehicle | Full commercial coverage: $1,000,000 liability |
Who can be injured in a rideshare accident?
- 21% of victims are riders (passengers in the rideshare vehicle)
- 21% of victims are drivers (the rideshare driver themselves)
- 58% of victims are third parties (other drivers, pedestrians, cyclists)
Why rideshare accidents are complex:
- Determining the driver’s status at the time of the crash is critical to identifying the correct insurance coverage.
- Multiple insurance policies may be involved, including the driver’s personal policy, the rideshare company’s policy, and the at-fault driver’s policy (if a third party caused the crash).
- Rideshare companies often try to minimize their liability, arguing that the driver is an independent contractor rather than an employee.
What this means for you:
If you’ve been injured in a rideshare accident in Zavalla, whether as a passenger, driver, or third party, Attorney911 can help you navigate the complex insurance landscape. Lupe Peña’s insider knowledge of how insurance companies evaluate claims is invaluable in these cases.
Hit and Run Accidents
Hit and run accidents are a growing problem in Texas, with one occurring every 43 seconds somewhere in the U.S. In Zavalla and Angelina County, hit and run accidents leave victims feeling helpless and unsure of how to recover compensation for their injuries.
Texas penalties for hit and run (Texas Transportation Code § 550.021):
| Severity | Charge | Penalty |
|---|---|---|
| Death | 2nd Degree Felony | 2 to 20 years in prison, up to $10,000 fine |
| Serious Bodily Injury | 3rd Degree Felony | 2 to 10 years in prison, up to $10,000 fine |
| Minor Injury | State Jail Felony | Up to 2 years in state jail, up to $10,000 fine |
| Property Damage ≥$200 | Class B Misdemeanor | Up to 180 days in jail, up to $2,000 fine |
How to recover compensation after a hit and run:
If the at-fault driver cannot be identified, your own Uninsured Motorist (UM) coverage can compensate you for your injuries. UM coverage is optional in Texas, but it’s one of the most important types of insurance you can have.
Evidence preservation is critical:
- Surveillance footage from nearby businesses is typically deleted within 7 to 30 days.
- Witnesses may become harder to locate as time passes.
- Physical evidence at the scene can be lost or compromised.
What Attorney911 does for hit and run victims:
- Immediately send preservation letters to nearby businesses to secure surveillance footage before it’s deleted.
- Work with law enforcement to identify the at-fault driver.
- Pursue a UM claim with your own insurance company.
- Negotiate with your insurance company to ensure you receive full compensation.
Client testimonial:
“I was hit by a driver who fled the scene. I didn’t know what to do. Attorney911 helped me file a UM claim and got me a settlement that covered my medical bills and more.” – Maria L.
What this means for you:
If you’ve been the victim of a hit and run accident in Zavalla, time is of the essence. Call Attorney911 immediately at 1-888-ATTY-911 so we can begin preserving evidence and pursuing your claim.
Tesla and Autopilot Accidents
As electric vehicles like Tesla become more popular in Zavalla and across Texas, accidents involving advanced driver-assistance systems (ADAS) like Autopilot and Full Self-Driving (FSD) are on the rise. These accidents present unique legal challenges, and Attorney911 is at the forefront of handling these complex cases.
Notable Tesla Autopilot crashes:
- May 2016, Williston, FL: Joshua Brown was killed when his Tesla Model S, operating on Autopilot, failed to detect a white 18-wheeler crossing its path.
- March 2018, Mountain View, CA: Apple engineer Walter Huang was killed when his Tesla Model X, on Autopilot, crashed into a highway barrier. The case settled in April 2024.
- December 2024, California: A fatal crash involving a Tesla on Autopilot led to an active lawsuit.
- August 2025, Miami, FL: A jury awarded $240 million against Tesla in a landmark verdict, finding the company liable for a fatal Autopilot crash.
Key liability arguments in Tesla Autopilot cases:
- Misleading marketing: Tesla has marketed Autopilot and FSD as safer than human drivers, fostering overconfidence in the system’s capabilities.
- Overreliance on automation: Tesla’s marketing has encouraged drivers to rely too heavily on Autopilot, leading to complacency and reduced attention.
- Known defects: Tesla has been aware of Autopilot’s limitations, including its inability to detect emergency vehicles with flashing lights, yet has not implemented comprehensive fixes.
- Software updates as a substitute for recalls: Instead of issuing recalls for known defects, Tesla has relied on over-the-air (OTA) software updates, which may not fully address safety issues.
NHTSA data on Tesla Autopilot:
- Tesla Autopilot accounts for 70% of all driver-assist crashes reported to the National Highway Traffic Safety Administration (NHTSA).
- In December 2023, Tesla recalled over 2 million vehicles due to concerns about Autopilot’s safety features.
Common crash patterns with Tesla Autopilot:
- Tractor-trailer crossings (Autopilot fails to detect large vehicles)
- Emergency vehicles with flashing lights (Autopilot may not recognize them as obstacles)
- Gore points and barriers (Autopilot may not properly navigate lane divisions)
- Situations where the driver’s hands are off the wheel (Autopilot requires driver supervision)
What this means for you:
If you’ve been injured in an accident involving a Tesla or another vehicle with advanced driver-assistance systems, Attorney911 can help you pursue a product liability claim against the manufacturer. Ralph Manginello’s federal court admission and experience with complex litigation, including the BP explosion case, make Attorney911 uniquely qualified to handle these high-stakes cases.
What to Do After a Motor Vehicle Accident in Zavalla – The 48-Hour Protocol
If you’ve been involved in a motor vehicle accident in Zavalla or Angelina County, the steps you take in the first 48 hours can significantly impact your ability to recover compensation. At Attorney911, we’ve developed a 48-hour protocol to help you protect your rights and preserve critical evidence.
Hour 1-6: Immediate Crisis Response
-
Ensure Safety First:
- If you can move safely, get to a secure location away from traffic.
- Turn on your hazard lights and set up warning triangles if available.
-
Call 911:
- Report the accident and request medical assistance if anyone is injured.
- Even if you feel fine, adrenaline can mask serious injuries. It’s important to get checked out by a medical professional.
-
Document Everything:
- Take photos of all vehicle damage from multiple angles.
- Photograph the accident scene, including road conditions, traffic signals, and any visible injuries.
- If there are skid marks or debris, photograph those as well.
- Screenshot any messages visible on your phone (do NOT delete anything).
-
Exchange Information:
- Other driver’s name, phone number, and address.
- Insurance company name and policy number.
- Driver’s license number.
- License plate number.
- Vehicle make, model, and color.
-
Gather Witness Information:
- Get the names and phone numbers of any witnesses.
- Ask if they saw what happened and record their statements if possible.
-
Call Attorney911:
- Before speaking to any insurance company, call 1-888-ATTY-911 for immediate legal guidance.
- Our team can help you navigate the next steps and protect your rights.
Hour 6-24: Evidence Preservation
-
Digital Preservation:
- Preserve all texts, calls, photos, and videos related to the accident.
- Do NOT delete anything from your phone.
- Screenshot everything relevant and email copies to yourself for backup.
-
Physical Evidence:
- Secure any damaged clothing, glasses, or personal items.
- Keep receipts for any expenses related to the accident (towing, rental car, medications).
- Do NOT repair your vehicle yet—preserve the damage for evidence.
-
Medical Records:
- Request copies of all emergency room and hospital records.
- Keep all discharge paperwork.
- Follow up with your primary care physician within 24 to 48 hours.
-
Insurance Communications:
- Note any calls from insurance companies.
- Do NOT give recorded statements yet.
- Do NOT sign anything.
- Do NOT accept any settlement offers.
- If an insurance adjuster calls, say: “I need to speak with my attorney first.”
-
Social Media:
- Make ALL of your social media profiles private immediately.
- Do NOT post about the accident, your injuries, or your activities.
- Do NOT post photos of your injuries or any activities.
- Tell friends and family not to tag you in posts.
Hour 24-48: Strategic Decisions
-
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.
-
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 confirmation that you were involved.
-
Settlement Offers:
- Do NOT accept or sign anything without your lawyer’s review.
- Early settlement offers are almost always lowball offers.
- You don’t know the full extent of your injuries yet.
-
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
-
Medical Follow-Up:
- Continue documenting all injuries.
- See specialists if recommended by your doctor.
- Follow ALL of your doctor’s recommendations (insurance companies watch for gaps in treatment).
- Get written work restrictions if needed.
-
Investigation Begins:
- Your attorney will obtain the police report.
- Preservation letters will be sent to all parties involved.
- Surveillance footage will be secured before it’s deleted.
- Witness statements will be recorded.
-
Communication:
- Your attorney will handle ALL communication with insurance companies.
- You should focus on your recovery.
- Document any pressure you receive from insurance adjusters or other parties.
Why Evidence Disappears So Quickly
One of the most critical reasons to act quickly after a motor vehicle accident is that evidence disappears on a predictable timeline. At Attorney911, we move fast to preserve this evidence before it’s lost forever.
Evidence Deterioration Timeline
| Timeframe | What Disappears | Why It Matters |
|---|---|---|
| Day 1-7 | Witness memories | Memories begin fading immediately after the accident. Witnesses become harder to locate as days pass, and details are forgotten or become uncertain. |
| Day 7-30 | Surveillance footage | Surveillance footage from nearby businesses is typically deleted within 7 to 30 days. Gas stations usually keep footage for 7 to 14 days, while retail stores may keep it for up to 30 days. Traffic camera footage is often deleted within 30 days. Once deleted, this footage is gone forever and cannot be recovered. |
| Month 1-2 | Insurance defense position | Insurance companies begin solidifying their defense against your claim. Adjusters build a file against you, and their settlement position hardens. Vehicle repairs destroy evidence from the vehicles once they’re fixed. |
| Month 2-6 | Trucking electronic data | Electronic Logging Device (ELD) data from trucks can be automatically overwritten in as little as 30 to 180 days. Black box data from vehicles can also be overwritten. Cell phone records become harder to obtain as time passes. Social media posts may be deleted, and accounts may be deactivated. |
| Month 6-12 | Witness availability | Witnesses may graduate, move away, or their memories may become severely degraded. Medical evidence becomes harder to link directly to the accident. Gaps in treatment are used against you by insurance companies. Financial desperation mounts as bills pile up, making you more vulnerable to lowball offers. |
| Month 12-24 | Statute of limitations | You’re approaching the 2-year statute of limitations deadline, which creates pressure to settle. Evidence is severely degraded, and the value of your case is diminished. |
How Attorney911 Preserves Evidence
Within 24 hours of being retained, Attorney911 sends preservation letters to all parties involved in your case. These letters legally require the preservation of critical evidence before it’s automatically deleted.
Who we send preservation letters to:
- The other driver and their insurance company
- Trucking companies (for commercial vehicle accidents)
- Businesses near the accident scene (for surveillance footage)
- Employers (if the accident was work-related)
- 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)
What we preserve:
- Surveillance footage from nearby businesses (gas stations, retail stores, traffic cameras)
- Electronic Logging Device (ELD) data from trucks
- Vehicle black box/Event Data Recorder (EDR) data
- GPS and telematics data
- Dashcam footage
- Witness statements
- Employment records (for lost wage claims)
- Medical records
Why this matters:
Every day you wait, evidence disappears. Once it’s gone, it’s gone forever. By acting quickly and hiring Attorney911, you ensure that critical evidence is preserved, giving you the best chance of recovering full compensation for your injuries.
Texas Motor Vehicle Law: What You Need to Know
Navigating the legal system after a motor vehicle accident can be overwhelming, especially when you’re dealing with injuries and financial stress. At Attorney911, we believe that knowledge is power. Understanding your rights under Texas law can help you make informed decisions about your case.
Statute of Limitations: The 2-Year Deadline
In Texas, the statute of limitations for personal injury claims is 2 years from the date of the accident. This means you have 2 years to file a lawsuit against the at-fault party. If you miss this deadline, your case will be barred forever, and you won’t be able to recover any compensation.
Exceptions to the 2-year rule:
- Discovery Rule: In some cases, the statute of limitations may start later if the injury or its cause wasn’t immediately discoverable.
- Defendant’s Absence: If the defendant leaves Texas, the statute of limitations may be tolled (paused) until they return.
- Mental Incapacity: If the injured person is mentally incapacitated, the statute of limitations may be tolled until they regain capacity.
- Minors: For minors, the statute of limitations is tolled until they turn 18, at which point they have 2 years to file a claim.
Why this matters:
Insurance companies know about the statute of limitations and may try to delay your claim until the deadline passes. Don’t let them take advantage of you. Call Attorney911 at 1-888-ATTY-911 as soon as possible to ensure your claim is filed on time.
Comparative Negligence: The 51% Bar Rule
Texas uses a modified comparative negligence system with a 51% bar rule. This means:
- If you are found to be 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 found to be 51% or more at fault, you cannot recover any damages.
Examples of how the 51% rule works:
| Your Fault % | Case Value | Your Recovery |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 10% | $100,000 | $90,000 |
| 25% | $250,000 | $187,500 |
| 40% | $500,000 | $300,000 |
| 50% | $500,000 | $250,000 |
| 51% | $500,000 | $0 |
Why this matters:
Insurance companies will try to assign as much fault as possible to you to reduce their payout. 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
Lupe Peña, our former insurance defense attorney, knows how insurance companies use comparative negligence to minimize claims. He spent years making these arguments for insurance companies—now he uses that knowledge to defeat them.
Texas Minimum Auto Insurance Requirements
Texas is an at-fault state, which means the at-fault driver’s insurance is responsible for compensating the injured party. Texas law requires all drivers to carry minimum auto insurance coverage:
| Coverage Type | Minimum Required |
|---|---|
| Bodily Injury – Per Person | $30,000 |
| Bodily Injury – Per Accident | $60,000 |
| Property Damage – Per Accident | $25,000 |
Why this matters:
If you’re injured in an accident caused by a driver with only the minimum coverage, their insurance may not be enough to cover your medical bills, lost wages, and other damages. This is why Uninsured/Underinsured Motorist (UM/UIM) coverage is so important.
Uninsured Motorist Statistics:
- Approximately 15.4% of U.S. motorists are uninsured (about 1 in 7 drivers).
- In Texas, UM/UIM coverage is optional but highly recommended.
- UM coverage pays for your injuries if the at-fault driver is uninsured or flees the scene (hit and run).
- UIM coverage pays for your injuries if the at-fault driver’s insurance is insufficient to cover your damages.
- Texas allows inter-policy stacking, which means you can combine UM/UIM coverage from multiple vehicles on the same policy.
Client testimonial:
“I was hit by an uninsured driver and didn’t know what to do. Attorney911 helped me file a UM claim and got me a settlement that covered my medical bills and more.” – Maria L.
Texas Legal Terms You Should Know
Understanding these key legal terms can help you navigate your motor vehicle accident claim:
| Term | Definition |
|---|---|
| Negligence | Failure to act with the level of care a reasonable person would exercise. To prove negligence, you must show: duty, breach, causation, and damages. |
| Duty of Care | A legal obligation to act reasonably. Drivers have a duty to obey traffic laws and maintain control of their vehicles. |
| Breach of Duty | A violation of the duty of care through action or inaction (e.g., speeding, running a red light). |
| Causation | The defendant’s breach of duty must have directly caused your injuries. This is often proven using the “but for” test: “But for the defendant’s actions, would the injury have occurred?” |
| Proximate Cause | The injuries must be a foreseeable result of the defendant’s actions. |
| Liability | Legal responsibility for harm caused. If the defendant is found liable, they are responsible for compensating you. |
| Economic Damages | Quantifiable financial losses, such as medical bills, lost wages, property damage, and future earnings. There is no cap on economic damages in Texas. |
| Non-Economic Damages | Intangible losses, such as pain and suffering, mental anguish, physical impairment, loss of consortium, and disfigurement. There is no cap on non-economic damages in Texas (except in medical malpractice cases). |
| Punitive/Exemplary Damages | Damages awarded to punish the defendant for gross negligence or malice. In Texas, punitive damages are capped at the greater of $200,000 or 2x economic damages + 1x non-economic damages (with a cap of $750,000 for the non-economic portion). |
| Dram Shop Liability | Under Texas Alcoholic Beverage Code § 2.02, bars, restaurants, and other establishments can be held liable if they serve alcohol to an obviously intoxicated person who later causes an accident. |
| Respondeat Superior | A legal doctrine that holds employers liable for the negligent actions of their employees if those actions occur within the scope of employment. This is critical in trucking and rideshare accident cases. |
| Vicarious Liability | One party can be held liable for the actions of another, such as a parent company being liable for the actions of a subsidiary. |
| UM/UIM Coverage | Uninsured/Underinsured Motorist coverage. This coverage pays for your injuries if the at-fault driver is uninsured, underinsured, or flees the scene (hit and run). Texas allows inter-policy stacking. |
| Bad Faith | When an insurance company unreasonably denies or delays a valid claim. Texas Insurance Code violations can result in additional penalties against the insurance company. |
| Contingency Fee | An attorney fee structure where you pay nothing unless the attorney wins your case. Typically, the fee is a percentage of the recovery (e.g., 33.33% before trial, 40% if the case goes to trial). |
| Subrogation | The right of your health insurance company to recover from your settlement the amount they paid for your medical treatment. |
| Lien | A third party’s claim against your settlement, such as medical providers, Medicare, or Medicaid. |
| Wrongful Death | A claim brought by surviving family members for the death of a loved one caused by negligence. |
| Survival Action | A claim for damages that the deceased would have been able to recover if they had survived, such as pain and suffering before death and medical expenses. |
Proving Liability: Building a Strong Case
To win your motor vehicle accident case, you must prove that the other driver was negligent and that their negligence caused your injuries. At Attorney911, we have the experience and resources to build a strong case on your behalf.
The Four Elements of Negligence
To prove negligence, we must establish four key elements:
-
Duty of Care:
- All drivers have a legal duty to operate their vehicles safely.
- This includes obeying traffic laws, maintaining a proper lookout, and controlling their speed.
- Commercial drivers, such as truck drivers, have an even higher duty of care due to federal regulations (FMCSA).
-
Breach of Duty:
- The at-fault driver violated their duty of care.
- Examples of breach of duty include:
- Speeding
- Running a red light or stop sign
- Texting while driving
- Driving under the influence of drugs or alcohol
- Failing to yield the right of way
- Following too closely
-
Causation:
- The breach of duty must have directly caused your injuries.
- We must show that “but for” the defendant’s actions, you would not have been injured.
- Your injuries must also be a foreseeable result of the defendant’s negligent conduct.
-
Damages:
- You must have suffered actual harm, such as physical injuries, financial losses, or emotional distress.
- Damages must be quantifiable or demonstrable, such as medical bills, lost wages, or pain and suffering.
Types of Evidence We Use to Prove Liability
At Attorney911, we leave no stone unturned when investigating your case. We gather all available evidence to prove the other driver’s negligence and the extent of your damages.
Physical Evidence:
- Vehicle damage photographs: We take photos of all vehicle damage from multiple angles to show the force and direction of the impact.
- Skid marks, debris, and road damage: These can help reconstruct the accident and determine factors like speed and evasive action.
- Damaged personal property: Items like clothing, glasses, or phones can provide additional evidence of the accident’s severity.
- Weather and road conditions: We document factors like rain, fog, or poor road maintenance that may have contributed to the accident.
Documentary Evidence:
- Police accident report: The police report is a critical piece of evidence that often includes the officer’s assessment of fault, witness statements, and citations issued.
- 911 call recordings: These can provide insight into the immediate aftermath of the accident and the condition of the parties involved.
- Traffic camera footage: Many intersections in Zavalla and Angelina County have traffic cameras that may have captured the accident.
- Surveillance footage: Nearby businesses, gas stations, and homes may have security cameras that recorded the accident.
- Medical records and bills: These document the extent of your injuries and the treatment you received.
- Employment records: We use these to calculate lost wages and lost earning capacity.
- Cell phone records: These can prove distracted driving if the at-fault driver was texting or using their phone at the time of the crash.
Electronic Evidence:
- Electronic Logging Device (ELD) data: For trucking accidents, ELD data can show whether the driver was complying with Hours of Service regulations.
- Vehicle black box/Event Data Recorder (EDR): Many vehicles, including trucks and newer passenger cars, have EDRs that record data such as speed, braking, and seatbelt usage.
- GPS/telematics data: This can show the vehicle’s location, speed, and route at the time of the accident.
- Dashcam footage: If the at-fault driver or a witness had a dashcam, this footage can be invaluable in proving liability.
- Social media posts: While we advise against posting about your accident, the at-fault driver’s social media activity may provide evidence of negligence (e.g., posts about drinking before driving).
Testimonial Evidence:
- Witness statements: Eyewitnesses can provide critical testimony about how the accident occurred.
- Expert witness testimony: We work with accident reconstructionists, medical experts, and other specialists to strengthen your case.
- Medical expert opinions: These can link your injuries directly to the accident.
- Accident reconstruction specialists: These experts use physical evidence and computer modeling to recreate the accident and determine fault.
Multiple Liable Parties: Increasing Your Compensation
In many motor vehicle accidents, more than one party may share responsibility for your injuries. Identifying all liable parties is critical to maximizing your compensation.
Trucking Accidents:
In trucking accidents, multiple parties may be liable, including:
- The truck driver: For negligent operation of the vehicle.
- The trucking company: For negligent hiring, supervision, or maintenance practices.
- The cargo loader: For improper loading that caused the truck to become unstable.
- The vehicle manufacturer: For defective parts that contributed to the accident.
- The maintenance company: For improper repairs that led to the crash.
Rideshare Accidents:
In rideshare accidents, multiple parties may be liable, including:
- The rideshare driver: For negligent operation of the vehicle.
- The rideshare company (Uber/Lyft): For negligent hiring, supervision, or failure to maintain safe vehicles.
- Other at-fault drivers: If a third party caused the accident.
- The vehicle owner: If the vehicle is owned by someone other than the driver.
Drunk Driving Accidents:
In drunk driving accidents, multiple parties may be liable, including:
- The drunk driver: For operating a vehicle while intoxicated.
- Bars and restaurants: For over-serving the driver under Texas dram shop laws.
- Liquor stores: For selling alcohol to an obviously intoxicated person.
- Social hosts: In limited circumstances, social hosts may be liable for serving alcohol to minors or obviously intoxicated guests.
Why this matters:
The more liable parties we can identify, the more insurance policies we can access to compensate you for your injuries. This increases your chances of recovering full compensation for your damages.
Expert Witnesses: Strengthening Your Case
At Attorney911, we work with a network of expert witnesses to build the strongest possible case on your behalf. Expert witnesses can provide critical testimony that helps prove liability and the extent of your damages.
| Expert Type | What They Prove |
|---|---|
| Accident Reconstructionist | How the crash occurred, who was at fault, speeds, angles, and other factors. |
| Medical Experts | The extent of your injuries, the treatment you need, and the long-term prognosis. |
| Life Care Planner | The lifetime cost of care for catastrophic injuries, including medical expenses, home modifications, and assistive devices. |
| Vocational Expert | Your lost earning capacity and inability to return to your prior work. |
| Economist | The present value of your future losses, including lost wages and medical expenses. |
| Biomechanical Engineer | How your injuries were caused by the collision forces. |
| Trucking Industry Expert | FMCSA violations, industry standards, and whether the trucking company followed proper procedures. |
| Human Factors Expert | Perception-reaction time, visibility issues, and other human factors that may have contributed to the accident. |
Why this matters:
Expert witnesses provide objective, professional opinions that carry significant weight with insurance companies and juries. Their testimony can help prove the other driver’s negligence and the full extent of your damages.
Damages and Compensation: What You Can Recover
If you’ve been injured in a motor vehicle accident in Zavalla, you may be entitled to compensation for your damages. At Attorney911, we fight to ensure you receive the full value of your claim, including compensation for economic and non-economic damages.
Types of Damages
Economic Damages (No Cap in Texas):
Economic damages are quantifiable financial losses that result from your accident. There is no cap on economic damages in Texas.
| Damage Type | What It Covers |
|---|---|
| Medical Expenses (Past) | Emergency room visits, hospital stays, surgeries, doctor visits, physical therapy, medications, medical equipment, and other treatment costs. |
| Medical Expenses (Future) | Ongoing treatment, future surgeries, lifetime medications, long-term care, and other future medical needs. |
| Lost Wages (Past) | Income lost from the date of the accident to the present. |
| Lost Earning Capacity (Future) | Your reduced ability to earn income in the future due to your injuries. |
| Property Damage | The cost of repairing or replacing your vehicle and any other damaged property. |
| Out-of-Pocket Expenses | Transportation to medical appointments, home modifications, household help, and other expenses related to your accident. |
Non-Economic Damages (No Cap in Texas, Except Medical Malpractice):
Non-economic damages compensate you for intangible losses that result from your accident. There is no cap on non-economic damages in Texas, except in medical malpractice cases.
| Damage Type | What It Covers |
|---|---|
| Pain and Suffering | Physical pain from your injuries, both past and future. |
| Mental Anguish | Emotional distress, anxiety, depression, fear, and post-traumatic stress disorder (PTSD). |
| Physical Impairment | Loss of physical function, disability, and limitations on your daily activities. |
| Disfigurement | Scarring, permanent visible injuries, and other changes to your appearance that affect your self-esteem. |
| Loss of Consortium | The impact of your injuries on your marriage and family relationships, including loss of companionship, affection, and support. |
| Loss of Enjoyment of Life | Your inability to participate in activities you previously enjoyed, such as hobbies, sports, or spending time with family. |
Punitive/Exemplary Damages (Capped in Texas):
Punitive damages are awarded to punish the defendant for gross negligence, fraud, or malice and to 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 a cap of $750,000 for the non-economic portion).
Common situations where punitive damages may apply:
- Drunk driving accidents
- Extreme speeding or reckless driving
- Hit and run accidents
- Cases involving gross negligence or malice
Settlement Ranges by Injury Type
The value of your motor vehicle accident claim depends on several factors, including the severity of your injuries, the extent of your medical treatment, and the impact of your injuries on your daily life. Below are typical settlement ranges for common types of injuries in Texas.
Soft Tissue Injuries (Whiplash, Sprains, Strains):
Soft tissue injuries are common in car accidents and can range from mild to severe.
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):
Broken bones are common in motor vehicle accidents and often require significant medical treatment.
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):
Some broken bones require surgery, such as Open Reduction Internal Fixation (ORIF), to properly heal.
Medical Treatment:
- Emergency room: $5,000-$10,000
- Surgery (ORIF): $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)
Pain & Suffering: $75,000-$200,000
SETTLEMENT RANGE: $132,000-$328,000
Herniated Disc (Conservative Treatment):
Herniated discs are a common injury in motor vehicle accidents, often requiring extensive 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):
If conservative treatment fails, herniated discs may require surgery, such as a microdiscectomy or spinal fusion.
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 physical work)
Pain & Suffering: $150,000-$450,000
SETTLEMENT RANGE: $346,000-$1,205,000
Traumatic Brain Injury (TBI – Moderate to Severe):
Traumatic brain injuries are among the most serious injuries resulting from motor vehicle accidents. They can have lifelong consequences and require extensive medical treatment.
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:
Spinal cord injuries often result in permanent paralysis and require lifelong care. The lifetime costs of spinal cord injuries are staggering.
Lifetime Care Costs by Level of Injury:
| Injury Level | First Year Costs | Each Year After | Lifetime Total |
|---|---|---|---|
| High Tetraplegia (C1-C4) | $1,200,000-$1,500,000 | $200,000-$250,000 | $6,000,000-$13,000,000+ |
| Low Tetraplegia (C5-C8) | $850,000-$1,100,000 | $75,000-$100,000 | $3,700,000-$6,100,000+ |
| Paraplegia (T1-L5) | $500,000-$750,000 | $70,000-$90,000 | $2,500,000-$5,250,000+ |
SETTLEMENT RANGE: $4,770,000-$25,880,000
Amputation:
Amputations are life-changing injuries that require extensive medical treatment, prosthetics, and rehabilitation.
Medical Treatment:
- Emergency care and surgery: $80,000-$200,000
- Hospital stay: $50,000-$150,000
- Rehabilitation: $30,000-$100,000
- Initial prosthetic fitting: $10,000-$30,000
- Total Past Medical: $170,000-$480,000
Future Medical (Lifetime Prosthetics):
- Basic prosthetic leg: $5,000-$15,000 every 3-5 years
- Advanced computerized prosthetic: $50,000-$100,000 every 3-5 years
- Over lifetime (30-50 years): $500,000-$2,000,000
SETTLEMENT RANGE: $1,945,000-$8,630,000
Attorney911 Documented Result:
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
Wrongful Death (Working Age Adult):
Wrongful death claims are brought by the surviving family members of a person who died due to another’s negligence.
Economic Damages:
- Funeral and burial: $10,000-$20,000
- Medical expenses before death: $50,0