A motor vehicle accident (MVA) refers to any collision or incident involving cars, trucks, motorcycles, or other vehicles that results in property damage, injury, or death. In Texas, MVA cases typically involve one or more drivers, passengers, or pedestrians seeking compensation for damages resulting from another party's negligence.
Common injuries
Motor vehicle accidents can cause a wide range of injuries, from minor soft tissue damage to catastrophic, life-altering conditions. Common injuries include whiplash and neck injuries, back and spinal cord injuries, traumatic brain injuries (TBI), broken bones and fractures, internal organ damage, burns, lacerations, and psychological trauma such as PTSD.
Liability overview
Texas follows a modified comparative negligence rule, meaning that if you are found to be more than 50% at fault for an accident, you cannot recover damages. Liability is determined by factors such as driver behavior (speeding, distracted driving, DUI), road conditions, vehicle defects, and witness testimony. In MVA cases, establishing clear liability is critical to achieving a favorable outcome.
Factors influencing case value
Several factors influence the value of an MVA case. Injury severity is paramount—more serious injuries result in higher awards. Medical expenses (past and future), lost wages and earning capacity, pain and suffering, permanent disability or disfigurement, and the defendant's insurance policy limits all play a role. Additionally, the quality of legal representation, availability of evidence, and jurisdiction can significantly impact outcomes.
Timelines
Most MVA cases in the Dallas-Fort Worth area take 12-36 months to resolve, depending on complexity. Pre-litigation settlements may occur within months if liability is clear and the insurance company makes a reasonable offer. Cases that proceed to litigation typically take 18-24 months, while those that go to trial can extend to 24-36 months or longer. In Texas, the statute of limitations for MVA personal injury claims is generally two years from the date of the accident.