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Blog | Atascosa County

Jourdanton Car & Truck Accident Attorneys | High-Risk I-37, US-281 & SR-16 Crashes | 18-Wheelers, Commercial, Drunk Drivers, Hit-and-Run | Former Insurance Defense Insider Exposing Their Playbook | $2.5M Truck Recovery | Attorney911 — The Firm Insurers Fear | Federal Court | Se Habla Español | 1-888-ATTY-911

February 17, 2026 90 min read
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Motor Vehicle Accidents in Jourdanton, Texas – Attorney911 Fights for You

When Seconds Change Everything in Jourdanton

Every 57 seconds, a motor vehicle crash occurs somewhere in Texas. In Jourdanton and across Atascosa County, these accidents disrupt lives in an instant—leaving victims with mounting medical bills, lost wages, and the overwhelming stress of dealing with insurance companies that prioritize profits over people.

At Attorney911, we understand the chaos you’re facing. Founded by Ralph Manginello, who brings over 25 years of experience fighting for accident victims, our firm has recovered millions for clients across Texas. We know Jourdanton’s roads, from the dangerous intersections along US-281 to the high-speed risks on I-37. When you call 1-888-ATTY-911, you’re not just getting a law firm—you’re getting a team that treats you like family and fights for every dollar you deserve.

The Reality of Motor Vehicle Accidents in Jourdanton

Texas sees more than 251,977 injuries from motor vehicle crashes each year. In Atascosa County, where Jourdanton serves as the county seat, accidents frequently occur at problematic intersections and along the major highways that connect our community to San Antonio and beyond. The Texas Department of Transportation reports that someone is injured in a Texas crash every 2 minutes and 5 seconds—and far too often, these accidents happen right here in our community.

What makes Jourdanton unique is our mix of rural roads and growing traffic. Whether you’re commuting to work at one of our local employers, driving through downtown, or traveling to San Antonio on US-281, the risk is real. Our firm has handled cases involving:

  • Rear-end collisions on US-281 during rush hour
  • Intersection accidents at major crossings in Jourdanton
  • Highway crashes on I-37 involving distracted drivers
  • Drunk driving incidents that devastate local families
  • Commercial vehicle accidents involving trucks traveling through our area

Why Jourdanton Accident Victims Choose Attorney911

When you’re injured in a motor vehicle accident in Jourdanton, you need more than just a lawyer—you need a team with deep Texas roots and proven results. Here’s what sets our firm apart:

1. Insurance Defense Insider Knowledge

Lupe Peña, our associate attorney, spent years working for a national insurance defense firm. He knows exactly how insurance companies value claims because he used to calculate them himself. Now, he uses that insider knowledge to fight for victims like you. As Lupe explains: “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.”

2. Multi-Million Dollar Results

Our firm has recovered millions for accident victims across Texas. Some of our documented case results include:

  • A multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company
  • A case where our client’s leg was injured in a car accident, and staff infections during treatment led to a partial amputation—this case settled in the millions
  • Numerous trucking-related wrongful death cases where we’ve recovered millions for grieving families

3. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission is crucial for complex cases, particularly those involving commercial vehicles, product liability, or catastrophic injuries. Our firm was also one of the few in Texas involved in BP explosion litigation, demonstrating our capability to take on billion-dollar corporations.

4. Personal Attention You Can Trust

At Attorney911, you’re not just a case number. As client Chad Harris shared: “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” Our clients consistently praise our communication and care:

“Melanie was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his firm was ran.” – Brian Butchee

“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” – Stephanie Hernandez

5. Contingency Fee – No Risk to You

We don’t get paid unless we win your case. There are no upfront costs, no hourly fees, and no financial risk to you. As client Glenda Walker said: “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”

Common Types of Motor Vehicle Accidents in Jourdanton

Car Accidents – The Most Common Threat on Jourdanton Roads

Car accidents are the most frequent type of motor vehicle crash in Jourdanton and across Atascosa County. Whether you’re driving through downtown, commuting to work, or traveling to San Antonio on US-281, the risk of being involved in a collision is ever-present.

In Texas, there’s a car accident every 57 seconds, resulting in 251,977 injuries annually. In Jourdanton, we see accidents caused by:

  • Distracted driving (a leading cause of 380 deaths in Texas annually)
  • Speeding on rural roads and highways
  • Failure to yield at intersections
  • Running red lights or stop signs
  • Following too closely on US-281 and I-37
  • Drunk or impaired driving

Common injuries from car accidents include:

  • Whiplash and other soft tissue injuries
  • Herniated or bulging discs
  • Broken bones and fractures
  • Traumatic brain injuries (TBI)
  • Spinal cord injuries
  • Internal organ damage
  • Psychological trauma and PTSD

One of our clients suffered a leg injury in a car accident that led to complications and a partial amputation. This case settled in the millions, demonstrating our commitment to fighting for maximum compensation.

“I was rear-ended and the team got right to work…I also got a very nice settlement.” – MONGO SLADE

“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles

18-Wheeler and Trucking Accidents – Catastrophic Risks on Jourdanton Highways

Jourdanton sits at the intersection of US-281 and SH-97, making it a critical route for commercial trucking traffic. With I-37 nearby, our community sees significant 18-wheeler traffic, which brings increased risk of catastrophic accidents.

Texas leads the nation in fatal truck crashes, accounting for 11% of all such incidents in the U.S. In 2024 alone, there were 39,393 commercial motor vehicle crashes in Texas, resulting in 608 fatalities and 1,601 serious injuries.

The size disparity between trucks and passenger vehicles is staggering:

  • Average car: 4,000 pounds
  • Fully loaded 18-wheeler: 80,000 pounds
  • Impact force increases exponentially with weight and speed

This size difference explains why trucking accidents often result in catastrophic injuries or fatalities. Common causes of trucking accidents in our area include:

  • Driver fatigue (violating Hours of Service regulations)
  • Distracted driving
  • Improper maintenance
  • Overloaded or improperly secured cargo
  • Speeding on rural highways
  • Failure to yield at intersections
  • Driving under the influence of drugs or alcohol

Federal Motor Carrier Safety Administration (FMCSA) regulations are designed to prevent these accidents, but violations occur frequently. Some key regulations include:

  • Hours of Service (HOS): Drivers cannot drive more than 11 hours after 10 consecutive hours off-duty, and cannot drive beyond the 14th consecutive hour on duty.
  • Electronic Logging Devices (ELDs): Mandatory since 2017, these devices record driving time and ensure compliance with HOS rules.
  • Drug and Alcohol Testing: Commercial drivers face strict testing requirements, including pre-employment, random, and post-accident testing.
  • Vehicle Maintenance: Regular inspections and maintenance are required to ensure safe operation.

Our firm has extensive experience handling trucking accident cases, including wrongful death claims. We’ve helped numerous families recover millions in compensation for trucking-related tragedies.

“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.”

Recent nuclear verdicts in Texas demonstrate the potential value of trucking accident cases:

  • Oncor Electric: $37.5 million (distracted truck driver)
  • New Prime I-35 pileup: $44.1 million (6 deaths)
  • Ben E. Keith (Fort Worth): $35 million settlement

Drunk Driving Accidents – Preventable Tragedies in Jourdanton

Drunk driving remains a serious problem in Texas, with 1,053 alcohol-impaired driving deaths in 2024—accounting for 25.37% of all traffic fatalities. In Jourdanton and Atascosa County, these preventable accidents devastate families and communities.

Texas law is clear: a driver with a blood alcohol concentration (BAC) of 0.08% or higher is legally intoxicated. However, the consequences of drunk driving extend far beyond the criminal penalties. Victims of drunk driving accidents can pursue civil claims for compensation, and in many cases, can hold establishments accountable through dram shop liability.

Texas Alcoholic Beverage Code § 2.02 establishes dram shop liability, which allows victims to sue bars, restaurants, or other establishments that served alcohol to obviously intoxicated individuals who then caused accidents. To prove dram shop liability, we must show:

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

Signs of obvious intoxication include:

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

Potentially liable parties include:

  • Bars and nightclubs
  • Restaurants serving alcohol
  • Liquor stores
  • Event organizers (concerts, festivals)
  • Social hosts (in limited circumstances)

Drunk driving cases often qualify for punitive damages, which are designed to punish gross negligence and deter similar conduct. These cases also frequently involve multiple defendants, increasing the potential for higher compensation.

Our firm’s unique advantage in drunk driving cases comes from Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA). This elite organization provides resources and expertise that benefit our clients in both criminal and civil aspects of drunk driving cases. Our experience includes:

  • A DWI case where improperly maintained breathalyzer machines led to charges being dismissed
  • A case where missing EMS and hospital notes resulted in dismissal on the day of trial
  • A case where video evidence showed our client was not drunk, leading to dismissal

Motorcycle Accidents – Protecting Jourdanton Riders

Motorcycle accidents present unique challenges in Jourdanton. With 585 motorcyclist fatalities in Texas in 2024, these accidents often result in severe injuries due to the lack of protection for riders.

Key statistics about motorcycle accidents in Texas:

  • 37% of fatal motorcycle accident victims were not wearing helmets
  • 90% of fatal motorcycle accident victims are male
  • Helmets reduce the risk of death by 37%

Texas helmet law requires all riders under 21 to wear helmets. Riders 21 and older may ride without a helmet if they’ve completed an approved safety course or have $10,000 in medical insurance coverage.

Common causes of motorcycle accidents in our area include:

  • Failure to yield right of way (the most common cause)
  • Driver inattention or distraction
  • Unsafe lane changes
  • Left-turn accidents
  • Speeding or reckless driving

One of the biggest challenges in motorcycle accident cases is Texas’ comparative negligence rule. Insurance companies almost always try to blame the motorcyclist to reduce their liability. The 51% bar rule means that if you’re found to be 51% or more at fault, you recover nothing. Even being found 50% at fault means your compensation is cut in half.

Lupe Peña’s experience as an insurance defense attorney gives us a significant advantage in these cases. He knows exactly how insurance companies build comparative fault arguments and can counter them effectively.

Pedestrian Accidents – Vulnerable on Jourdanton Streets

Pedestrian accidents are particularly devastating, with victims often suffering catastrophic injuries. In Texas, pedestrians account for just 1% of crashes but 19% of all roadway deaths. In 2024, there were 6,095 pedestrian crashes in Texas, resulting in 768 fatalities.

Jourdanton’s mix of rural roads and growing urban areas creates unique risks for pedestrians. Whether you’re walking in downtown Jourdanton, crossing US-281, or walking along rural roads, the danger is real.

A critical legal point that many drivers don’t understand is that pedestrians always have the right-of-way at intersections, even at unmarked crosswalks. Texas law states that anytime there’s an intersection of two streets, the distance between them is considered a crosswalk—even if it’s not marked.

Common pedestrian injuries include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken pelvis and legs
  • Internal organ damage
  • Fatalities

Rideshare Accidents – Navigating the Complex Insurance Maze

Rideshare services like Uber and Lyft have transformed transportation in Jourdanton, but they’ve also introduced complex insurance issues when accidents occur. With 11 billion rides completed in the U.S. since 2010, rideshare accidents are becoming more common.

The insurance coverage available in rideshare accidents varies dramatically depending on what the driver was doing at the time of the crash. This is called the “insurance phase,” and it’s critical to understand:

Phase Driver Status Coverage Available
Period 0 – Offline App off, personal use Personal insurance only ($30K/$60K/$25K minimum in Texas)
Period 1 – Waiting App on, no ride request $50K/$100K/$25K contingent coverage
Period 2 – Accepted Ride accepted, en route to pickup $1,000,000 liability coverage
Period 3 – Transporting Passenger in vehicle $1,000,000 liability coverage

This complexity means that determining the correct insurance coverage requires expertise. Lupe Peña’s background as an insurance defense attorney gives us a significant advantage in navigating these complex insurance structures.

Who can be injured in rideshare accidents?

  • 21% Riders
  • 21% Drivers
  • 58% Third parties (other drivers, pedestrians, passengers in other vehicles)

Hit and Run Accidents – When the At-Fault Driver Flees

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 challenge of identifying the responsible party. In the U.S., someone is involved in a hit and run accident every 43 seconds.

Texas takes hit and run offenses seriously, with penalties ranging from misdemeanors to felonies depending on the severity:

Severity Charge Penalty
Death 2nd Degree Felony 2-20 years prison, up to $10,000 fine
Serious Bodily Injury 3rd Degree Felony 2-10 years prison, up to $10,000 fine
Minor Injury State Jail Felony Up to 5 years, up to $5,000 fine
Property Damage ≥$200 Class B Misdemeanor Up to 6 months jail, up to $2,000 fine

When the at-fault driver can’t be identified, your own Uninsured/Underinsured Motorist (UM/UIM) coverage can provide compensation. This coverage is critical in hit and run cases, and Texas allows inter-policy stacking, which can increase your available coverage.

One of the biggest challenges in hit and run cases is preserving evidence. Surveillance footage from nearby businesses is typically deleted within 7-30 days. That’s why it’s critical to call Attorney911 immediately after a hit and run accident. We send preservation letters to all nearby businesses to secure this critical evidence before it’s lost forever.

“Uninsured & Underinsured Motorists” – Learn more in our video at https://www.youtube.com/watch?v=kWcNFyb-Yq8

Delivery Vehicle Accidents – The Growing Risk from Amazon and Other Services

With the rise of e-commerce, delivery vehicle accidents have become increasingly common in Jourdanton. Companies like Amazon, FedEx, and UPS have transformed our roads, but they’ve also introduced new risks. Amazon’s Delivery Service Partner (DSP) program, in particular, has been associated with a higher rate of safety violations.

Key statistics about delivery vehicle accidents:

  • Amazon DSPs have a higher safety violation rate than average motor carriers
  • There were 1,879 crashes involving Amazon-related motor carriers in a 24-month period ending August 2025
  • Delivery vehicles are 3x the size and weight of passenger cars, leading to more severe injuries

Recent verdicts highlight the potential severity of these cases:

  • 2024 Georgia: $16.2 million for a child struck by an Amazon delivery van (Amazon found 85% responsible)
  • 2024 Lopez v. All Points 360: $105 million against an Amazon DSP
  • 2023 Grubhub: Wrongful death lawsuit in Arizona after a driver distracted by the app struck and killed a judge

These cases often involve multiple liable parties, including:

  • The delivery driver
  • The delivery company
  • The parent company (Amazon, FedEx, UPS)
  • The vehicle manufacturer (if a defect contributed to the crash)
  • The cargo loader (if improper loading caused instability)

The business model of delivery companies often encourages dangerous behavior, with tight delivery windows and performance metrics that prioritize speed over safety. This can lead to driver fatigue, speeding, and distracted driving.

Work Zone Accidents – The Danger of Construction on Jourdanton Roads

Work zone accidents are a growing concern in Texas, with nearly 28,000 crashes occurring in work zones in 2024. These accidents resulted in 215 deaths—a 12% increase over the previous year. Work zone fatalities have increased 50% nationally over the past decade.

In Texas:

  • 60% of highway contractors reported crashes into work zones in a 2025 survey
  • 43% of contractors reported worker injuries from work zone crashes

One tragic example involved Katrina Bond, a college student who slowed for work zone traffic on I-35 near Fort Worth. The driver of a heavy pickup truck, who admitted to receiving a text message, rear-ended her vehicle. The force of the impact pushed her car into the path of another truck, resulting in a fatal accident.

Work zone accidents often involve complex liability issues, as multiple parties may be responsible:

  • The driver who caused the accident
  • The construction company (for inadequate signage or unsafe work practices)
  • Government entities (for road design or maintenance issues)
  • Other drivers (in multi-vehicle crashes)

Tesla and Autonomous Vehicle Accidents – The Future of Liability

As Tesla vehicles become more common in Jourdanton, accidents involving Autopilot and Full Self-Driving (FSD) systems are raising complex legal questions. These accidents often result in catastrophic injuries due to the high speeds at which they occur.

Notable Tesla Autopilot crashes include:

  • May 2016: Joshua Brown killed in Florida when Autopilot failed to detect a white 18-wheeler
  • March 2018: Apple engineer Walter Huang killed in California (case settled in 2024)
  • August 2025: $240 million+ jury verdict against Tesla in Miami (landmark case)

Key liability arguments in Tesla accident cases include:

  1. Tesla marketed FSD/Autopilot as safer than human drivers, creating a false sense of security
  2. Marketing fostered driver overconfidence and overreliance on the system
  3. Tesla knew the system couldn’t detect emergency vehicles but didn’t adequately warn users
  4. Tesla used over-the-air software updates instead of comprehensive fixes or recalls

NHTSA data shows that Tesla Autopilot accounts for 70% of driver-assist crashes reported to the agency. In December 2023, Tesla recalled more than 2 million vehicles to address Autopilot safety concerns.

These cases often involve complex product liability claims, requiring federal court experience and the ability to take on large corporations—areas where our firm excels.

E-Scooter and E-Bike Accidents – The New Risks on Jourdanton Streets

E-scooters and e-bikes are becoming increasingly popular in Texas, but they also introduce new risks. Texas law classifies e-bikes into three categories based on their capabilities:

Class Max Speed Throttle Pedal Assist
Class 1 20 mph No Yes
Class 2 20 mph Yes Yes
Class 3 28 mph No Yes

Legal requirements for e-bikes in Texas:

  • No license required for standard e-bikes
  • No registration required
  • Motor limit: 750W (1 horsepower) or less
  • Speed limit: 28 mph maximum assisted speed
  • No statewide helmet requirement (some cities require helmets for riders under 17)

If an e-bike exceeds these standards (motor over 750W, speed over 28 mph, or throttle on Class 3), it may not qualify as an “electric bicycle” under Texas law and could require registration as a motor vehicle, with different insurance and liability implications.

E-bike accidents can involve multiple liable parties:

  • Motorists who strike e-bike riders
  • E-bike manufacturers (for product defects like battery fires or brake failures)
  • Pedestrians struck by e-bikes
  • Property owners (for premises liability if poorly maintained paths contributed to the accident)

In October 2024, a Portland court awarded $1.6 million to an e-bike rider struck by an SUV, demonstrating the potential value of these cases.

Bus Accidents – Protecting Jourdanton Passengers

Bus accidents, while less frequent than other types of motor vehicle crashes, can be particularly devastating due to the number of people involved. In 2024, there were 1,110 bus accidents in Texas, leading all states in total bus crashes. These accidents resulted in 17 fatal crashes and 549 injury crashes.

Texas also leads in school bus accidents, with 2,523 school bus crashes in 2023 resulting in 11 deaths and 63 serious injuries. During the 2021-22 school year, more than 10,000 students were injured in school bus-related incidents.

Liable parties in bus accidents can include:

  • The bus driver (for fatigue, distraction, or impairment)
  • The bus operator/company (for inadequate training or negligent maintenance)
  • The manufacturer (for brake, tire, or safety equipment defects)
  • Other drivers (third-party vehicles that cause the accident)
  • Government entities (for poor signage or road defects)

These cases often involve complex liability issues and may require special notice requirements when government entities are involved.

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

When an accident happens, the steps you take in the first 48 hours can make or break your case. Insurance companies start building their defense against you from day one, and evidence disappears quickly. Here’s exactly what to do after an accident in Jourdanton:

Hour 1-6: Immediate Crisis Response

  1. 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.
  2. Call 911: Report the accident and request medical assistance if anyone is injured. Even if injuries seem minor, it’s crucial to get checked by professionals.
  3. Medical Attention: If injured, go to the emergency room immediately. Adrenaline can mask serious injuries—you may be hurt and not know it yet. In Jourdanton, you can seek treatment at:
    • South Texas Regional Medical Center in Jourdanton
    • Methodist Hospital in San Antonio (for more serious injuries)
    • University Hospital in San Antonio (Level I trauma center)
  4. Document Everything:
    • Take photos of ALL vehicle damage from multiple angles
    • Photograph the accident scene, road conditions, traffic signals, and any visible injuries
    • Screenshot any messages visible on your phone (do NOT delete anything)
    • Record a video statement of what happened while your memory is fresh
  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. Witnesses: Get 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: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company.

Hour 6-24: Evidence Preservation

  1. Digital Preservation:
    • Preserve all texts, calls, photos, videos, and social media posts related to the accident
    • Do NOT delete anything from your phone
    • Screenshot everything relevant
    • Email copies to yourself for backup
  2. Physical Evidence:
    • Secure damaged clothing, glasses, or other personal items
    • Keep receipts for any expenses (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
    • Keep a pain journal documenting your symptoms and recovery
  4. Insurance Communications:
    • Note any calls from insurance companies
    • Do NOT give recorded statements yet
    • Do NOT sign anything
    • Do NOT accept any settlement offers
    • Say: “I need to speak with my attorney first”
  5. Social Media:
    • Make ALL profiles private immediately
    • Do NOT post about the accident, injuries, or activities
    • Do NOT check in at locations
    • Tell friends and family not to tag you in posts
    • Assume everything is being monitored

Hour 24-48: Strategic Decisions

  1. Legal Consultation:
    • Speak with an experienced motor vehicle accident attorney
    • Call Attorney911: 1-888-ATTY-911 for a free consultation
    • Have your documentation ready
  2. Insurance Response:
    • If insurance 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 lawyer review
    • 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
    • Follow ALL doctor recommendations (insurance companies watch for treatment gaps)
    • Get written work restrictions if needed
  2. Investigation Begins:
    • Attorney obtains police report
    • Preservation letters sent to all parties
    • Surveillance footage secured before deletion
    • Witness statements recorded
  3. Communication:
    • Attorney handles ALL insurance communication
    • You focus on recovery
    • Document any pressure from insurance or other parties

Why Evidence Disappears: The Critical Timeline

After an accident, evidence begins disappearing immediately. Here’s the critical timeline you need to know:

Day 1-7:

  • Witness memories are at their peak but begin fading immediately
  • Witnesses become harder to locate as days pass
  • Details are forgotten or become uncertain
  • Physical evidence like skid marks fade, debris is cleared, and the accident scene is cleaned

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 evidence is GONE FOREVER and cannot be recovered
  • Witnesses change jobs, move, or become unreachable
  • Scene changes with road repairs, new striping, or adjusted traffic signals

Month 1-2:

  • Insurance companies solidify their defense position
  • Adjusters have built a file against you
  • Their settlement position hardens
  • Vehicle repairs destroy evidence once vehicles are repaired

Month 2-6:

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

Month 6-12:

  • Witnesses graduate, move away, or their memories degrade severely
  • Medical evidence becomes harder to link directly to the accident
  • Treatment gaps are used against you by insurance companies
  • Financial desperation mounts, making you vulnerable to lowball offers

Month 12-24:

  • You’re approaching the 2-year statute of limitations deadline
  • This creates pressure to settle, and insurance companies know you’re desperate
  • Evidence is severely degraded
  • Your case value is diminished

This is why calling Attorney911 immediately is so critical. We send preservation letters to all parties within 24 hours of retention, legally requiring them to preserve evidence before automatic deletion.

Texas Motor Vehicle Law: What Jourdanton Victims Need to Know

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

Statute of Limitations: The 2-Year Deadline

In Texas, you have 2 years from the date of your accident to file a personal injury lawsuit. This deadline applies to:

  • Personal injury claims
  • Wrongful death claims (2 years from the date of death)
  • Property damage claims

Exceptions:

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

CRITICAL: If you miss this deadline, your case is barred forever—it cannot be extended or waived.

Comparative Negligence: The 51% Bar Rule

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

  • If you are 50% or less at fault, you can recover damages, but your recovery is reduced by your percentage of fault.
  • If you are 51% or more at fault, you recover NOTHING.

Examples:

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 always try to assign maximum fault to you to reduce their payment. Even small percentages of fault can cost you thousands:

  • 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’s experience as an insurance defense attorney gives us a significant advantage in countering these comparative fault arguments.

Texas Minimum Auto Insurance Requirements

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

Uninsured Motorist Statistics:

  • 15.4% of U.S. motorists are uninsured (approximately 1 in 7 drivers)
  • Uninsured/Underinsured Motorist (UM/UIM) coverage is critical for protection
  • Texas allows inter-policy stacking, which can increase your available coverage

Dram Shop Liability: Holding Establishments Accountable

Texas Alcoholic Beverage Code § 2.02 establishes dram shop liability, which allows victims of drunk driving accidents to sue bars, restaurants, or other establishments that served alcohol to obviously intoxicated individuals who then caused accidents.

Elements to Prove:

  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 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:

  • Bars and nightclubs
  • Restaurants serving alcohol
  • Liquor stores
  • Event organizers (concerts, festivals)
  • Social hosts (in limited circumstances)

Wrongful Death vs. Survival Action

When an accident results in a fatality, Texas law allows for two distinct types of claims:

Wrongful Death Claim:

  • Brought by: Surviving family members (spouse, children, parents)
  • What it recovers: Damages the family members suffered due to the loss of their loved one
  • Damages include: Loss of companionship, mental anguish, lost financial support, funeral expenses
  • Who benefits: The surviving family members directly

Survival Action:

  • Brought by: The deceased’s estate
  • What it recovers: Damages the deceased would have been able to recover if they had survived
  • Damages include: Pain and suffering before death, medical expenses before death, lost income before death
  • Who benefits: The estate (distributed according to the will or intestacy laws)

Both claims can be pursued simultaneously after a fatal accident.

Proving Liability: Building Your Case in Jourdanton

To win your motor vehicle accident case in Texas, you must prove four elements of negligence:

  1. Duty of Care: All drivers have a legal duty to operate their vehicles safely and obey traffic laws.
  2. Breach of Duty: The at-fault driver violated their duty of care through action or inaction (e.g., speeding, running a red light, texting while driving).
  3. Causation: The breach of duty directly caused your injuries. This includes both:
    • “But for” causation: But for the defendant’s actions, you would not have been injured.
    • Proximate cause: Your injuries were a foreseeable result of the defendant’s negligent conduct.
  4. Damages: You suffered actual harm that can be compensated (medical bills, lost wages, pain and suffering).

Types of Evidence We Use to Prove Your Case

Physical Evidence:

  • Vehicle damage photographs (all angles)
  • Skid marks, debris, and road damage
  • Damaged personal property (clothing, glasses, phone)
  • Weather and road conditions documentation

Documentary Evidence:

  • Police accident report
  • 911 call recordings
  • Traffic camera footage
  • Surveillance footage from nearby businesses
  • Medical records and bills
  • Employment records (for lost wages)
  • Cell phone records (proving distraction)

Electronic Evidence:

  • ELD (Electronic Logging Device) data from trucks
  • Vehicle black box/EDR (Event Data Recorder)
  • GPS/telematics data
  • Dashcam footage
  • Social media posts (theirs, not yours)

Testimonial Evidence:

  • Witness statements
  • Expert witness testimony
  • Medical expert opinions
  • Accident reconstruction specialists

Multiple Liable Parties: Increasing Your Recovery

In many motor vehicle accidents, more than one party may be liable. Identifying all potentially responsible parties is crucial for maximizing your recovery.

Trucking Accidents:

  • Truck driver (negligent operation)
  • Trucking company (negligent hiring, supervision, or maintenance)
  • Cargo loader (improper loading causing instability)
  • Vehicle manufacturer (defective parts)
  • Maintenance company (improper repairs)

Rideshare Accidents:

  • Rideshare driver
  • Rideshare company (Uber/Lyft)
  • Other at-fault drivers
  • Vehicle owner (if different from the driver)

Drunk Driving Accidents:

  • Drunk driver
  • Bar or restaurant (dram shop liability)
  • Social host (in limited circumstances)
  • Liquor store (serving obviously intoxicated persons)

Delivery Vehicle Accidents:

  • Delivery driver
  • Delivery company
  • Parent company (Amazon, FedEx, UPS)
  • Vehicle manufacturer
  • Cargo loader

More liable parties = more insurance policies = higher potential recovery.

Expert Witnesses: Strengthening Your Case

At Attorney911, we work with a network of expert witnesses to build the strongest possible case for our clients. These experts can provide critical testimony about various aspects of your accident:

Expert Type What They Prove
Accident Reconstructionist How the crash occurred, who was at fault, speeds, angles of impact
Medical Experts Extent of injuries, future treatment needs, permanent impairment
Life Care Planner Lifetime cost of care for catastrophic injuries
Vocational Expert Lost earning capacity, inability to return to prior work
Economist Present value of future losses, wage calculations
Biomechanical Engineer How injuries were caused by collision forces
Trucking Industry Expert FMCSA violations, industry standards
Human Factors Expert Perception-reaction time, visibility issues

Damages and Compensation: What You Can Recover in Jourdanton

After a motor vehicle accident, you may be entitled to various types of compensation. In Texas, damages are categorized as economic, non-economic, and punitive.

Economic Damages (No Cap in Texas)

Economic damages compensate you for quantifiable financial losses:

Damage Type What It Covers
Medical Expenses (Past) ER visits, hospital stays, surgeries, doctor visits, physical therapy, medications, medical equipment
Medical Expenses (Future) Ongoing treatment, future surgeries, lifetime medications, long-term care
Lost Wages (Past) Income lost from the date of the accident to the present
Lost Earning Capacity (Future) Reduced ability to earn income in the future due to permanent injuries
Property Damage Vehicle repair or replacement, personal property (phone, glasses, etc.)
Out-of-Pocket Expenses Transportation to medical appointments, home modifications, household help

Non-Economic Damages (No Cap Except Medical Malpractice)

Non-economic damages compensate you for intangible losses:

Damage Type What It Covers
Pain and Suffering Physical pain from injuries, both past and future
Mental Anguish Emotional distress, anxiety, depression, fear, PTSD
Physical Impairment Loss of physical function, disability, limitations
Disfigurement Scarring, permanent visible injuries affecting appearance
Loss of Consortium Impact on marriage and family relationships, loss of companionship
Loss of Enjoyment of Life Inability to participate in activities you previously enjoyed

Punitive/Exemplary Damages (Capped)

Punitive damages are available in cases involving gross negligence, fraud, or malice. They are designed to punish the defendant and deter similar conduct.

When Punitive Damages Apply:

  • Drunk driving accidents
  • Extreme speeding (100+ mph)
  • Reckless driving with conscious indifference to safety
  • Fraudulent conduct
  • Malicious intent

Punitive Damage Caps in Texas:
The greater of:

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

Tax Treatment:

  • Punitive damages are taxable as ordinary income.
  • Compensatory damages for physical injuries are generally not taxable.

Settlement Ranges by Injury Type

The value of your case depends on the severity of your injuries, the impact on your life, and the strength of your evidence. Here are typical settlement ranges for different types of injuries:

Soft Tissue Injuries (Whiplash, Sprains, Strains):

  • Medical Treatment: $6,000-$16,000
  • Lost Wages: $2,000-$10,000
  • Pain & Suffering: $8,000-$35,000
  • Settlement Range: $15,000-$60,000
  • Higher if: Permanent pain, restrictions on activities, chronic condition develops

Broken Bone (Single, Simple Fracture):

  • Medical Treatment: $10,000-$20,000
  • Lost Wages: $5,000-$15,000
  • Pain & Suffering: $20,000-$60,000
  • Settlement Range: $35,000-$95,000

Broken Bone (Requiring Surgery – ORIF):

  • Medical Treatment: $47,000-$98,000
  • Lost Wages: $10,000-$30,000
  • Pain & Suffering: $75,000-$200,000
  • Settlement Range: $132,000-$328,000

Herniated Disc (Conservative Treatment):

  • Medical Treatment: $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: $96,000-$205,000
  • Future Medical: $30,000-$100,000
  • Lost Wages: $20,000-$50,000
  • Lost Earning Capacity: $50,000-$400,000
  • Pain & Suffering: $150,000-$450,000
  • Settlement Range: $346,000-$1,205,000

Traumatic Brain Injury (Moderate to Severe):

  • Medical Treatment: $198,000-$638,000
  • Future Medical: $300,000-$3,000,000+
  • 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 vary significantly based on the level of injury:

Injury Level First Year Cost 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:

  • Medical Treatment: $170,000-$480,000
  • Future Medical (Lifetime Prosthetics): $500,000-$2,000,000
  • Lost Wages: $20,000-$50,000
  • Lost Earning Capacity: $500,000-$2,000,000+
  • Pain & Suffering: $750,000-$3,000,000+
  • 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):

  • Funeral and burial: $10,000-$20,000
  • Medical expenses before death: $50,000-$500,000
  • Lost financial support to family: $1,000,000-$4,000,000
  • Loss of companionship: $500,000-$3,000,000
  • Mental anguish: $250,000-$1,500,000
  • Settlement Range: $1,910,000-$9,520,000

Attorney911 Documented 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.”

Nuclear Verdicts: The Power of Trial Readiness

Nuclear verdicts—jury awards exceeding $10 million—have become increasingly common in Texas. These verdicts send a strong message to insurance companies and can significantly increase settlement values across all serious injury cases.

Recent Texas nuclear verdicts in motor vehicle cases include:

  • 2024 Hatch v. Jones: $81.7 million (car accident wrongful death)
  • 2024 Frito-Lay Warehouse: $72 million (vehicle collision)
  • 2024 Lopez v. All Points 360: $105 million (Amazon DSP)
  • 2024 New Prime I-35 pileup: $44.1 million (6 deaths)
  • 2024 Oncor Electric: $37.5 million (trucking accident)
  • 2024 Ben E. Keith: $35 million (trucking accident)

Insurance companies fear nuclear verdicts, and this fear gives us leverage in every negotiation. Our trial readiness and multi-million dollar track record demonstrate that we’re prepared to take your case to court if necessary.

The Settlement Multiplier Method: How Insurance Values Your Claim

Insurance companies use a formula to calculate settlement offers:

Total Settlement = (Medical Expenses × Multiplier) + Lost Wages + Property Damage

The multiplier ranges from 1.5 to 5, depending on the severity of your injuries:

Injury Severity Multiplier Range
Minor injuries (soft tissue, quick recovery) 1.5 – 2
Moderate injuries (broken bones, months of recovery) 2 – 3
Severe injuries (surgery, long recovery) 3 – 4
Catastrophic injuries (permanent disability) 4 – 5+

Example – Minor Injury:

  • Medical expenses: $10,000
  • Multiplier: 1.5
  • Pain & suffering: $15,000
  • Lost wages: $3,000
  • Total: $28,000

Example – Severe Injury:

  • Medical expenses: $100,000
  • Multiplier: 4
  • Pain & suffering: $400,000
  • Lost wages: $50,000
  • Total: $550,000

Factors That Increase the Multiplier:

  • Permanent injury or disability
  • Scarring or disfigurement
  • Long recovery time (12+ months)
  • Surgery required
  • Ongoing pain management needed
  • Severe impact on daily activities
  • Clear liability (other driver 100% at fault)
  • Sympathetic plaintiff (child, elderly, pregnant)
  • Defendant’s conduct was egregious (drunk driving, hit and run)
  • Strong evidence (video, witnesses)
  • Permanent restrictions on work or activities

Factors That Decrease the Multiplier:

  • Soft tissue injury only
  • Quick recovery (under 3 months)
  • No surgery required
  • Disputed liability (comparative fault)
  • Gaps in medical treatment
  • Pre-existing conditions
  • Minor property damage
  • No permanent injury

Lupe Peña’s experience as an insurance defense attorney gives us a significant advantage in these calculations. He knows how insurance companies manipulate the multiplier and can counter their tactics effectively.

Insurance Tactics Exposed: How They Try to Deny Your Claim

Insurance companies are not on your side. Their goal is to pay you as little as possible—or nothing at all. Lupe Peña, our associate attorney, spent years working for a national insurance defense firm. He knows their tactics because he used them himself. Now, he uses that insider knowledge to fight for victims like you.

Tactic #1: Quick Contact & Recorded Statement Trap

What They Do:
Within hours or days of your accident, an insurance adjuster will contact you. They’ll sound friendly and helpful, often while you’re still in the hospital, on pain medication, or overwhelmed by the situation.

Their Script:

  • “We just want to help you.”
  • “We need to get your side of the story to process your claim.”
  • “This is routine—everyone does this.”
  • “It’ll only take a few minutes.”

What They’re Really Doing:
They’re building their defense against you with carefully crafted questions designed to trap you into saying something that hurts your case.

Question They Ask What They Want You to Say
“You’re feeling better now though, right?” Trap you into saying you’re improving
“It wasn’t that bad of an impact, was it?” Minimize collision severity
“You were able to walk away from the scene?” Suggest injuries aren’t serious
“Were you distracted at all?” Get you to admit distraction
“How fast were you going?” Hope you overestimate or say “I don’t know”

Everything is recorded, transcribed, and will be used against you. You cannot take it back.

The Truth:

  • You are NOT required to give a recorded statement to the other driver’s insurance company.
  • Giving a statement without an attorney almost always hurts your case.
  • Insurance companies know this—that’s why they push so hard.

How Attorney911 Counters:

  • DO NOT give a recorded statement without us.
  • Once you hire Attorney911, we become your voice.
  • All calls go through us.
  • You don’t talk to adjusters.
  • We prepare you properly if a statement becomes absolutely necessary.
  • We sit with you during any statements.
  • We know their questions because Lupe asked them for years.

Tactic #2: Quick Settlement Offer – The Lowball Trap

What They Do:
Within days or weeks of your accident, the insurance company will offer you quick cash—typically $2,000-$5,000, sometimes up to $10,000-$15,000 if they’re worried about your case.

Their Script:

  • “This offer expires in 48 hours.”
  • “I can only get approval for this amount right now.”
  • “Take it or leave it.”
  • “This is our final offer.” (It’s not.)

The Trap:
You don’t know the full extent of your injuries yet. Here’s what happens:

What Happens Result
Day 3: Insurance offers $3,500 “final settlement” You’re desperate, in pain, scared about bills
You sign the release You think it’s over
Week 6: MRI shows herniated disc requiring surgery Surgery costs $100,000
TOO LATE You signed a release—can’t reopen claim
You pay $100,000 out of pocket Insurance pays nothing more

The release is permanent and final. Once signed, you cannot undo it.

How Attorney911 Counters:

  • NEVER settle before reaching Maximum Medical Improvement (MMI).
  • MMI is when you’ve recovered as much as you’re going to—this could be 6 months, 12 months, or 24+ months after your accident.
  • You can’t know the true value of your case until you reach MMI.
  • We know their offers are always lowball.
  • Lupe calculated these lowball offers for years—he knows they’re offering 10-20% of your case’s true value.

Tactic #3: The “Independent” Medical Exam (IME) Scam

What They Call It:
“Independent Medical Examination” (IME)

What It Really Is:
An insurance company-hired doctor whose job is to minimize your injuries.

How Insurance Companies Choose IME Doctors:
They don’t select the most qualified doctors—they select doctors who give insurance-favorable reports. These doctors:

  • Are paid thousands of dollars per exam by insurance companies
  • Know that repeat business depends on giving favorable reports
  • Often spend only 10-15 minutes with you
  • Rarely review your complete medical records beforehand

What Happens at an IME:

  • Short, cursory physical exam
  • Questions designed to elicit “I’m feeling better” responses
  • Look for any reason to minimize your injuries

Common IME Doctor Findings:

What They Say What It Means
“Patient has pre-existing degenerative changes” Everyone over 40 has some arthritis—used to deny claims
“Injuries consistent with minor trauma” Minimizes your pain and suffering
“Patient can return to full duty work” Eliminates lost wage claims
“Treatment has been excessive” Attacks your treating doctors
“Subjective complaints out of proportion to objective findings” Medical speak for calling you a liar

How Attorney911 Counters:

  • We prepare you extensively before the exam.
  • We send your complete medical records to the IME doctor first, forcing them to review them.
  • We challenge biased IME reports with our own medical experts.
  • Lupe knows these specific doctors and their biases—he hired them for years.

Tactic #4: Delay and Financial Pressure – The Waiting Game

What They Do:
Insurance companies drag out your case, hoping you’ll become desperate and accept a lowball offer.

Their Tactics:

  • “Still investigating your claim.”
  • “Waiting for medical records.” (Even when we’ve sent them months ago.)
  • “Reviewing your file.”
  • “Need additional information.”
  • Ignoring calls and emails.
  • Taking weeks to respond to simple questions.

Why Delay Works:
Insurance companies have:

  • Unlimited time
  • Unlimited resources
  • No financial pressure
  • Earning interest on your settlement money while delaying

You have:

  • Mounting bills
  • Zero income
  • Creditors threatening
  • Need for money NOW

Financial Desperation Makes You Accept Less:

  • Month 1: You’d reject a $5,000 offer
  • Month 6: You’d seriously consider $5,000
  • Month 12: You’d beg for $5,000 just to end the nightmare

How Attorney911 Counters:

  • We file a lawsuit to force deadlines.
  • We set depositions, forcing them to produce witnesses.
  • We prepare for trial, showing we’re serious.
  • Lupe understands delay tactics because he used them—he knows when to push.

Tactic #5: Surveillance and Social Media Monitoring – The Gotcha Game

What They Do:
Insurance companies hire private investigators to follow you and monitor your social media accounts, looking for any activity that contradicts your injury claims.

What They Monitor:

Platform What They Screenshot
Facebook Posts, photos, check-ins, comments, likes, friend lists, tagged photos
Instagram Stories, reels, posts, geotags, tagged photos
TikTok Videos showing activity levels
LinkedIn Employment status changes, activity
Twitter/X Tweets, replies, activity
YouTube Videos posted, activity
Snapchat Saved stories, public content

Advanced Surveillance Techniques:

  • Facial Recognition: Find photos you’re tagged in across platforms
  • Geotagging Data: Track where you’ve been based on photo metadata
  • Friend/Family Monitoring: Monitor posts from people who might mention you
  • Fake Profiles: Create fake accounts to send friend requests
  • Archive Services: Preserve deleted content through third-party tools
  • Subpoenas: Legal process to obtain “private” content

Examples We’ve Defended:

Example What Happened Insurance Claimed Reality
Old Gym Photo Gym photo from 3 years ago Presented as recent, contradicts injury We proved metadata was pre-accident
Restaurant Check-in Facebook check-in at restaurant “Partying and having fun” Sitting quietly having dinner
Friend’s Comment Friend posted “Had fun yesterday!” Evidence of non-injury Client was resting at home
Walking Dog Video of client walking dog slowly “Not disabled” Doctor recommended short walks
Smiling in Photo Family photo smiling “Not in pain—she’s smiling!” Everyone smiles for photos

7 Rules for Clients:

  1. Make ALL profiles private immediately.
  2. DON’T post about the accident, injuries, activities, emotions, or your case.
  3. DON’T check in anywhere.
  4. Tell friends and family: don’t tag you or post about you.
  5. Don’t accept friend requests from strangers (fake profiles).
  6. BEST: Stay off social media entirely during your case.
  7. Assume EVERYTHING is being monitored.

Lupe’s Insider Quote:

“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.”

Tactic #6: Comparative Fault Arguments – Blaming the Victim

What They Do:
Insurance companies try to assign you maximum fault to reduce their payment. They’ll claim:

  • “You were speeding” (without evidence)
  • “You weren’t paying attention” (speculation)
  • “You could have avoided this” (hindsight bias)
  • “You were distracted” (guessing)
  • “You contributed to this accident” (shifting blame)

Why They Do This:
Texas’ 51% bar rule means:

  • If you’re 51% or more at fault → You get NOTHING
  • If you’re 50% or less at fault → Your damages are reduced by your percentage of fault

Even Small Fault Percentages Cost Thousands:

  • 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

How Attorney911 Counters:

  • Aggressive liability investigation: We gather evidence to prove the other driver’s fault.
  • Accident reconstruction: We use experts to demonstrate how the accident occurred.
  • Witness statements: We collect statements from people who saw what happened.
  • Police report analysis: We emphasize citations issued to the other driver.
  • Expert testimony: We use human factors experts to explain perception-reaction time.
  • Lupe’s experience: He knows their fault arguments because he made them for years—now he defeats them.

The Colossus System: How Insurance Really Values Your Claim

How Colossus Works:
Colossus is a software system used by Allstate, State Farm, Liberty Mutual, and other major insurance companies to calculate claim values.

The Process:

  1. Data Entry: The adjuster inputs injury codes, treatment types, costs, and jurisdiction.
  2. Coding: Injuries are coded using standardized medical terms.
  3. Calculation: The software applies algorithms to determine a “value.”
  4. Range Output: The system provides a recommended settlement range.
  5. Authority: The adjuster typically cannot exceed this range without supervisor approval.

How Insurance Manipulates Colossus:

Manipulation Effect
Low Injury Codes “Soft tissue strain” instead of “disc herniation” reduces value 50-100%
Excessive Treatment Flags Therapy beyond “normal” range triggers reductions
Conservative Treatment Penalty Chiropractic care valued less than MD treatment
Pre-Existing Reduction Any prior condition used to reduce value
Jurisdiction Factor Low-verdict counties get lower values

Why Lupe’s Experience Matters:

  • He knows how to code injuries properly for maximum value.
  • He knows which medical terms trigger higher valuations.
  • He knows when Colossus output is artificially low.
  • He knows how to present medical records to beat the algorithm.
  • He worked with these systems for years as a defense attorney.

Reserve Setting: The Hidden Leverage

What Reserves Are:
Reserves are the amount of money the insurance company sets aside for your claim, based on their estimate of the worst-case scenario (a trial verdict).

How Reserves Work:

  • The adjuster typically cannot settle for more than the reserve without approval.
  • Reserves are based on the adjuster’s evaluation of the case.
  • Higher reserves mean more settlement authority.

How We Increase Reserves:

  • Hiring experts: Shows we’re investing in the case.
  • Taking depositions: Creates litigation expense.
  • Filing a lawsuit: Forces a trial evaluation.
  • Preparing for trial: Demonstrates we’re serious.
  • Documenting severe injuries: Increases the perceived trial value.

Lupe understands reserve psychology and settlement authority limits—this is a game-changing advantage.

Tactic #7: The Medical Authorization Trap

What They Do:
The insurance company sends you a broad medical authorization form, asking you to sign it so they can “process your claim.”

What They Say:

  • “We need your medical records to process your claim.”
  • “This is standard procedure.”
  • “We can’t evaluate your claim without it.”

What They’re Really Doing:
They want unlimited access to your entire medical history—not just accident-related records. They’ll search through decades of records looking for any pre-existing condition to use against you.

What They Find:

  • Old injuries from years ago
  • Arthritis from 10 years ago
  • Prior back pain from 2005
  • Any medical condition ever documented

What They Do With It:

  • “Your back pain isn’t from this accident—you had back pain in 2010.”
  • “Your neck injury is pre-existing—you saw a chiropractor in 2015.”
  • “Your headaches are from a prior concussion, not this accident.”
  • They ignore that the accident aggravated your pre-existing condition.

The Truth:

  • You’re entitled to compensation even with pre-existing conditions.
  • If the accident made it worse, you recover for the aggravation.
  • The “eggshell plaintiff” rule means they take you as they find you.
  • A prior injury doesn’t give them a license to injure you again.

How Attorney911 Counters:

  • We limit medical authorizations: Only accident-related records, specific date ranges, specific providers.
  • Attorney review: We review ALL authorizations before you sign.
  • We explain pre-existing conditions properly: We hire medical experts to explain the aggravation.
  • Document the difference: “Before accident: mild occasional back pain. After accident: severe constant pain requiring surgery.”
  • Prove causation: Through medical testimony.
  • Lupe knows this tactic: He requested broad authorizations for years—he knows what they’re searching for and how to protect your privacy.

Medical Knowledge: Understanding Your Injuries

At Attorney911, we understand that the medical aspects of your case are just as important as the legal ones. We work with medical experts to ensure that your injuries are properly documented and that you receive the compensation you deserve.

Traumatic Brain Injury (TBI)

Traumatic brain injuries are among the most serious consequences of motor vehicle accidents. They can have long-lasting effects on your cognitive function, personality, and quality of life.

Immediate vs. Delayed Symptoms:

Immediate Symptoms (At Accident Scene or Within Hours):

  • Loss of consciousness (even brief—seconds to minutes)
  • Confusion and disorientation (“Where am I? What happened?”)
  • Vomiting and nausea
  • Seizures
  • Severe headache
  • Dilated pupils
  • Slurred speech
  • Weakness or numbness

Delayed Symptoms (Hours to Days Later – CRITICAL):

  • Worsening headaches that don’t respond to medication
  • Repeated vomiting
  • Seizures developing days later
  • Slurred speech or difficulty speaking
  • Personality changes and mood swings
  • Sleep disturbances (sleeping much more or can’t sleep)
  • Sensitivity to light and noise
  • Confusion and memory problems worsening

Why Delayed Symptoms Matter Legally:
Insurance companies often claim that delayed symptoms aren’t related to the accident. We use medical experts to explain that symptom progression is normal for brain injuries.

Severity Classifications:

Classification Characteristics
Mild TBI / Concussion Brief loss of consciousness (seconds to minutes), GCS 13-15, may seem “fine” initially but can have serious long-term effects
Moderate TBI Loss of consciousness for minutes to hours, GCS 9-12, lasting cognitive impairment, requires hospitalization
Severe TBI Extended unconsciousness or coma, GCS 3-8, permanent disability likely, lifetime care needs

Long-Term Complications:

  • Chronic Traumatic Encephalopathy (CTE): Progressive brain degeneration, personality changes, dementia
  • Post-Concussive Syndrome: Headaches, dizziness lasting months or years (affects 10-15% of TBI patients)
  • Increased Dementia Risk: A single moderate TBI doubles dementia risk later in life
  • Personality and Mood Disorders: Depression (40-50% of TBI patients), anxiety, irritability
  • Seizure Disorders: Can develop months or years after injury
  • Cognitive Impairment: Memory problems, difficulty concentrating, slowed processing

Spinal Cord Injury

Spinal cord injuries are among the most devastating consequences of motor vehicle accidents. They can result in permanent paralysis and require lifelong care.

Injury Levels and Impact:

Cervical Spine (C1-C8, Neck Region):

  • C1-C4 (High Cervical): Quadriplegia (all four limbs paralyzed), possible ventilator dependence, 24/7 care required
  • C5-C8 (Low Cervical): Quadriplegia with some arm/hand function, wheelchair dependent

Thoracic Spine (T1-T12, Mid-Back):

  • Paraplegia: Lower body paralysis, wheelchair dependent
  • Trunk control varies by level

Lumbar Spine (L1-L5, Lower Back):

  • Varying degrees of leg weakness/paralysis
  • Bowel/bladder dysfunction common
  • May walk with assistive devices

ASIA Impairment Scale:

Grade Classification Prognosis
A Complete No motor or sensory function below injury – worst
B Sensory Incomplete Sensory function but no motor function
C Motor Incomplete Motor function but most muscles <3/5 strength
D Motor Incomplete Motor function with most muscles ≥3/5 strength
E Normal Full motor and sensory function (recovered)

Secondary Complications:

  • Pressure sores (leading cause of hospitalization)
  • Respiratory complications (pneumonia – leading cause of death)
  • Bowel and bladder dysfunction
  • Sexual dysfunction
  • Autonomic dysreflexia (life-threatening blood pressure crisis)
  • Depression (40-60% of patients)
  • Shortened life expectancy (5-15 years on average)

Amputation

Amputations can result from traumatic injuries at the scene or from complications during medical treatment.

Types:

  • Traumatic Amputation: Limb severed at the accident scene by collision impact
  • Surgical Amputation: Due to crush injuries or infections (like the case we handled where staff infections led to amputation)

Levels:

  • Above-Knee: More difficult, less mobility, more expensive prosthetics
  • Below-Knee: Better mobility potential, easier prosthetic use
  • Upper Extremity: Arm, hand, fingers
  • Multiple Limbs: Exponentially more challenging

Phantom Limb Pain:

  • 80% of amputees experience phantom pain
  • Feeling pain in a limb that’s no longer there
  • Can be severe and debilitating
  • Often a permanent condition
  • Requires lifetime pain management

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.”

Burn Injuries

Burn injuries are particularly painful and can result in permanent scarring and disfigurement.

Classifications:

Degree Characteristics Treatment
First-Degree Superficial, like sunburn, heals in 7-10 days Outpatient care
Second-Degree Blistering, severe pain, may scar Monitor, possible hospitalization
Third-Degree Full thickness, destroys all skin, always scars Skin grafting required
Fourth-Degree Extends into muscle and bone Often requires amputation

Body Surface Area Impact:

% Body Burned Treatment Required
<10% Usually outpatient
10-20% Hospitalization required
20-40% Burn center, ICU, multiple surgeries
>40% Extremely life-threatening
>60% Often fatal

Herniated Disc

Herniated discs are a common injury in motor vehicle accidents, particularly in rear-end collisions.

Treatment Timeline:

  1. Acute Phase (Weeks 1-6): Severe pain, medications, rest. Cost: $2,000-$5,000
  2. Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic care. Cost: $5,000-$12,000
  3. Interventional (If Conservative Fails): Epidural steroid injections. Cost: $3,000-$6,000
  4. Surgery (If Injections Fail): Microdiscectomy or fusion. Cost: $50,000-$120,000

Permanent Restrictions Impact:

  • Can’t return to physical labor jobs
  • Lost earning capacity claims
  • Ongoing pain management needs

Soft Tissue Injuries

Soft tissue injuries, including whiplash, are common in motor vehicle accidents. While they may seem minor, they can result in chronic pain and long-term disability.

Why Insurance Undervalues Soft Tissue Injuries:

  • No broken bones or surgery = appears “minor”
  • Difficult to see on X-rays
  • Symptoms are subjective (pain, stiffness)

Why Soft Tissue Can Be Serious:

  • 15-20% develop chronic pain
  • Can prevent return to physical jobs
  • Whiplash can cause permanent problems
  • Often misdiagnosed initially (rotator cuff tears thought to be sprains)

Proper Documentation is CRITICAL:

  • Detailed pain descriptions to doctors
  • Consistent treatment (no gaps)
  • MRI proving injury
  • Physical therapy records
  • Work restrictions documented

Psychological Injuries

Motor vehicle accidents can have profound psychological effects, even when physical injuries are minor.

PTSD After Motor Vehicle Accidents:

  • 32-45% of accident victims develop PTSD symptoms
  • Anxiety about driving again
  • Fear of getting in cars
  • Panic attacks near accident location or similar roads
  • Sleep disturbances, nightmares, flashbacks
  • Avoidance behaviors

Compensable Psychological Damages:

  • Mental anguish
  • Emotional distress
  • Anxiety and depression
  • Loss of enjoyment of life
  • Fear and worry
  • Relationship impacts

Why Choose Attorney911 for Your Jourdanton Motor Vehicle Accident Case

When you’re injured in a motor vehicle accident in Jourdanton, you have choices for legal representation. Here’s why Attorney911 stands out:

1. Insurance Defense Insider Knowledge

Lupe Peña spent years working for a national insurance defense firm. He knows how insurance companies value claims because he used to calculate them himself. Now, he uses that insider knowledge to fight for victims like you.

“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”

This unique background gives us an unfair advantage in negotiations and litigation. We know their tactics because Lupe used them for years.

2. Multi-Million Dollar Results

Our firm has recovered millions for accident victims across Texas. Some of our documented case results include:

  • Multi-million dollar settlement for a client who suffered a brain injury with vision loss
  • A case where our client’s leg was injured in a car accident, leading to a partial amputation—this case settled in the millions
  • Numerous trucking-related wrongful death cases where we’ve recovered millions for grieving families

“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.”

3. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission is crucial for complex cases, particularly those involving:

  • Commercial vehicles
  • Product liability
  • Catastrophic injuries
  • Cases with out-of-state defendants

Our firm was also one of the few in Texas involved in BP explosion litigation, demonstrating our capability to take on billion-dollar corporations.

4. Personal Attention You Can Trust

At Attorney911, you’re not just a case number. You work directly with Ralph Manginello and Lupe Peña, not a case manager assembly line. Our clients consistently praise our communication and care:

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

“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” – Stephanie Hernandez

5. Contingency Fee – No Risk to You

We don’t get paid unless we win your case. There are no upfront costs, no hourly fees, and no financial risk to you.

“They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.” – Glenda Walker

6. Bilingual Services – Hablamos Español

For our Spanish-speaking clients, we offer complete bilingual services. Lupe Peña is fluent in Spanish, and our staff includes bilingual case managers like Zulema.

“Especially Miss Zulema, who is always very kind and always translates.” – Celia Dominguez

7. Proven Track Record of Success

Our clients consistently praise our results and the personal attention they receive:

“Leonor is the best!!! She was able to assist me with my case within 6 months.” – Tymesha Galloway

“I was rear-ended and the team got right to work…I also got a very nice settlement.” – MONGO SLADE

“I lost everything… my car was at a total loss and because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return plus a brand new truck.” – Kiimarii Yup

8. Community Recognition

Our firm is recognized in the Houston community, including an endorsement from local celebrity Trae Tha Truth:

“One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.” – Jacqueline Johnson

Frequently Asked Questions About Motor Vehicle Accidents in Jourdanton

Immediate After Accident

1. What should I do immediately after a car accident in Jourdanton?
If you’ve been in an accident in Jourdanton:

  • Call 911 and report the accident
  • Seek medical attention even if you feel fine (adrenaline masks injuries)
  • Document everything: photos of damage, injuries, scene
  • Exchange information with the other driver
  • Get witness names and phone numbers
  • Do NOT give a recorded statement to any insurance company
  • Call Attorney911: 1-888-ATTY-911

2. Should I call the police even for a minor accident?
Yes. Always call the police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000.

3. Should I seek medical attention if I don’t feel hurt?
ABSOLUTELY. Many serious injuries don’t show symptoms immediately:

  • Traumatic brain injuries can take days to manifest
  • Internal bleeding may not be obvious
  • Herniated discs may not cause pain for weeks
  • Adrenaline masks pain at the scene

Insurance companies use delays in treatment against you. Get checked immediately at South Texas Regional Medical Center in Jourdanton or another local facility.

4. What information should I collect at the scene?

  • 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
  • Witness names and phone numbers
  • Photos of all vehicle damage, injuries, road conditions, and traffic signals

5. Should I talk to the other driver or admit fault?

  • Exchange information only
  • Do NOT discuss fault
  • Do NOT apologize or say “I’m sorry” (can be used as admission of fault)
  • Do NOT give your opinion on what happened
  • Stick to facts only

6. How do I obtain a copy of the accident report?
You can obtain the police report from the responding agency or through the Texas Department of Transportation’s Crash Records Information System (CRIS).

Dealing with Insurance

7. Should I give a recorded statement to insurance?
To the other driver’s insurance: NO. Not without an attorney.
To your own insurance: You have a duty to cooperate, but call Attorney911 first. We can advise you.

8. What if the other driver’s insurance contacts me?
Say: “I need to speak with my attorney first.” Give only basic information (name, date of accident). Do NOT give a recorded statement. Do NOT discuss injuries or fault.

9. Do I have to accept the insurance company’s estimate?
No. Their estimate is just an offer. It’s usually far below the actual value of your case. Attorney911 fights for what your case is really worth.

10. Should I accept a quick settlement offer?
NEVER accept a settlement before knowing the full extent of your injuries. Once you sign a release, you cannot get more money even if you need surgery later.

11. What if the other driver is uninsured or underinsured?
Your own Uninsured/Underinsured Motorist (UM/UIM) coverage can compensate you. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8

12. Why does insurance want me to sign a medical authorization?
They want unlimited access to your entire medical history to find pre-existing conditions to use against you. Never sign without attorney review.

Legal Process

13. Do I have a personal injury case?
You may have a case if:

  • Someone else was at fault (even partially)
  • You suffered injuries or damages
  • There is insurance to recover from

Watch our video: “Do I Have a Good Case?” at https://www.youtube.com/watch?v=j-PMMP5Jims

14. When should I hire a car accident lawyer?
Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911: 1-888-ATTY-911

15. How much time do I have to file (statute of limitations)?
In Texas: 2 years from the date of your accident for personal injury, 2 years from the date of death for wrongful death. Miss it = case barred forever.

16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover damages (reduced by your percentage of fault). If you’re 51% or more at fault, you recover nothing.

Watch our video: “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4

17. What happens if I was partially at fault?
You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.

18. Will my case go to trial?
Most cases settle before trial. But Attorney911 prepares every case as if it’s going to trial. That’s what gives us leverage in negotiations.

Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc

19. How long will my case take to settle?
It depends on the severity of your injuries. We don’t settle until you’ve reached Maximum Medical Improvement (MMI). This could be 6 months for minor injuries or 18-24 months for serious injuries.

20. What is the legal process step-by-step?

  1. Investigation and evidence gathering
  2. Medical treatment to MMI
  3. Demand letter to insurance
  4. Negotiation
  5. Lawsuit if necessary
  6. Discovery (depositions, document requests)
  7. Mediation
  8. Trial if needed

Watch our video: “What Is the Process for a Personal Injury Claim?” at https://www.youtube.com/watch?v=XwzYymneDVs

Compensation

21. What is my case worth?
It depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, and available insurance. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).

22. What types of damages can I recover?

  • Medical expenses (past and future)
  • Lost wages and earning capacity
  • Pain and suffering
  • Mental anguish
  • Physical impairment
  • Disfigurement
  • Loss of enjoyment of life
  • Property damage

23. Can I get compensation for pain and suffering?
Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is no cap on pain and suffering damages (except in medical malpractice cases).

24. What if I have a pre-existing condition?
You can still recover if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule—defendants take victims as they find them.

25. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries is not taxable. Punitive damages are taxable as ordinary income. Consult a tax professional for your specific situation.

26. How is the value of my claim determined?
Based on:

  • Medical bills (past and future)
  • Future treatment costs
  • Lost income
  • Permanent impairment rating
  • Comparable verdicts in your jurisdiction
  • Severity of injuries
  • Impact on your daily life

Attorney Relationship

27. How much do car accident lawyers cost?
Attorney911 works on a contingency fee basis: 33.33% before trial, 40% if the case goes to trial. You pay nothing upfront. We don’t get paid unless we win.

Watch our video: “How Do Contingency Fees Work?” at https://www.youtube.com/watch?v=upcI_j6F7Nc

28. What does “no fee unless we win” mean?
You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.

29. How often will I get updates?
Attorney911 provides regular updates. As client Dame Haskett said: “Consistent communication and not one time did I call and not get a clear answer.”

30. Who will actually handle my case?
At Attorney911, you work directly with Ralph Manginello and Lupe Peña, not just paralegals. As Chad Harris said: “You are NOT just some client…You are FAMILY to them.”

31. What if I already hired another attorney?
You can switch. As client Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”

Mistakes to Avoid

32. What common mistakes can hurt my case?

  • Giving a recorded statement without an attorney
  • Accepting a quick settlement
  • Delaying medical treatment
  • Gaps in treatment
  • Posting on social media
  • Signing releases or authorizations
  • Not documenting everything

Watch our video: “Client Mistakes That Can Ruin Your Case” at https://www.youtube.com/watch?v=r3IYsoxOSxY

33. Should I post about my accident on social media?
NO. Make all profiles private. Don’t post about the accident, injuries, or activities. Insurance companies monitor everything.

34. Why shouldn’t I sign anything without a lawyer?
Releases are permanent. Medical authorizations give unlimited access. Settlement offers are binding. Once signed, you can’t undo it.

35. What if I didn’t see a doctor right away?
See one now. Explain that you didn’t realize the severity of your injuries. Delayed symptoms are common. We can still help.

Additional Common Questions

36. What if I have a pre-existing condition?
You can still recover. If the accident aggravated your pre-existing condition, you’re entitled to compensation for the aggravation. The “eggshell plaintiff” rule means defendants take victims as they find them. For example: if you had mild occasional back pain before the accident but now have a herniated disc requiring surgery, you can recover for the new injury. We hire medical experts to prove the difference between your condition before and after the accident. Lupe knows how insurance companies attack pre-existing conditions—he used this defense for years, and now he knows how to counter it.

37. Can I switch attorneys if I’m unhappy with my current lawyer?
YES. You can fire your attorney at any time. If your current lawyer isn’t communicating, isn’t fighting for you, or is pushing you to settle for less than your case is worth, you have the right to switch. Attorney911 has taken over many cases from other attorneys. As Greg Garcia shared: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” Call 1-888-ATTY-911 to discuss switching your representation.

38. What if the insurance company is my own insurance (UM/UIM claim)?
Uninsured/Underinsured Motorist (UM/UIM) claims are made against your own insurance policy when the at-fault driver has no insurance or insufficient insurance. Unfortunately, your own insurance company will fight your claim just as aggressively as the other driver’s insurance would. You need experienced legal representation to navigate these claims. Texas allows inter-policy stacking, which can significantly increase your available coverage. Lupe Peña’s insurance defense background is particularly valuable in UM/UIM cases, as he understands how insurance companies evaluate and process these claims.

39. How do you calculate pain and suffering?
The most common method is the multiplier approach: Medical expenses × multiplier (1.5 to 5) = pain and suffering. The multiplier depends on factors like:

  • Severity of injuries
  • Permanency of injuries
  • Impact on your daily life
  • Clear liability (other driver 100% at fault)
  • Sympathetic plaintiff (child, elderly, pregnant)
  • Egregious defendant conduct (drunk driving, hit and run)

For example: $100,000 in medical bills × 4 multiplier = $400,000 for pain and suffering. Lupe Peña calculated these multipliers for years as an insurance defense attorney—he knows how to justify higher multipliers and counter insurance company attempts to use low multipliers.

40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Accidents involving government vehicles have special rules and shorter deadlines. In Texas, you must file a notice of claim within 6 months of the accident—much shorter than the 2-year statute of limitations for most personal injury claims. Government entities also have sovereign immunity protections, which can limit liability. Damage caps may apply in some cases. These cases are complex and require experienced legal representation. Ralph Manginello’s 25+ years of experience includes handling cases against government entities. Call 1-888-ATTY-911 immediately—the 6-month deadline is strict and cannot be extended.

41. What if the other driver fled the scene (hit and run)?
Hit and run accidents present unique challenges because the at-fault driver is unknown. Here’s what to do:

  1. File a police report immediately—hit and run is a criminal offense in Texas.
  2. Your Uninsured Motorist (UM) coverage can provide compensation when the at-fault driver is unidentified.
  3. Surveillance footage is critical—gas stations, businesses, Ring doorbells, and traffic cameras may have captured the accident or the fleeing vehicle.
  4. Most surveillance footage is deleted within 7-30 days, so it’s critical to act quickly.

We send preservation letters to all nearby businesses immediately to secure this critical evidence before it’s lost forever. Texas allows UM stacking, which can increase your available coverage. We’ve recovered substantial settlements in hit and run cases through UM claims.

42. What if I’m an undocumented immigrant—can I still file a claim?
YES. Your immigration status does not affect your right to compensation for injuries caused by someone else’s negligence. You are entitled to full recovery regardless of your immigration status. Your case is confidential, and we will not report your status to any government agency. We’ve successfully represented clients of all immigration statuses. Lupe Peña is fluent in Spanish, and our staff includes bilingual case managers like Zulema. Call 1-888-ATTY-911—we protect your rights and your privacy.

43. What if the accident happened in a parking lot?
Parking lot accidents are fully compensable under Texas law. Insurance companies often try to argue that “parking lot accidents are always 50/50 fault,” but this is a myth. We prove fault through:

  • Surveillance video from parking lot cameras
  • Witness statements
  • Damage analysis showing the point of impact
  • Traffic patterns and right-of-way rules

Texas comparative negligence rules apply to parking lot accidents. We’ve won many parking lot cases with clear liability findings. For example, we’ve handled cases involving:

  • Drivers backing out of parking spaces without looking
  • Drivers speeding through parking lots
  • Drivers failing to yield at stop signs or crosswalks
  • Poorly designed or maintained parking lots

44. What if I was a passenger in the at-fault vehicle?
If you were a passenger in the vehicle that caused the accident, you can still pursue a claim against the driver. You’re an innocent victim, and the driver’s insurance should cover passengers. You don’t face comparative fault issues because you weren’t driving. These cases often settle quickly because liability is clear. We handle the difficult conversation with the driver and their insurance company so you don’t have to. As a passenger, you may also have claims against other parties, such as:

  • Other drivers involved in the accident
  • Vehicle manufacturers (if a defect contributed to the crash)
  • Government entities (if poor road design contributed to the accident)

45. What if the other driver died in the accident?
If the other driver died in the accident, you can still pursue a claim against their estate and their insurance company. The driver’s death doesn’t eliminate liability. The insurance policy still applies, and the estate may have assets that can be used to compensate you. Wrongful death laws protect both sides in these situations. These cases can be emotionally complex but are legally straightforward. We handle these cases with sensitivity while aggressively protecting your rights.

Jourdanton-Specific Considerations

Jourdanton and Atascosa County present unique challenges and opportunities for motor vehicle accident victims. Here’s what you need to know about handling your case in our community:

Local Courts and Legal Landscape

Jourdanton is the county seat of Atascosa County, which means most legal proceedings related to your case will occur in the Atascosa County courthouse. Our firm is familiar with the local courts, judges, and procedures in Atascosa County, giving us an advantage in navigating your case efficiently.

Key local courts include:

  • Atascosa County Court at Law: Handles civil cases up to $250,000
  • 218th District Court: Handles more complex civil cases and those exceeding $250,000
  • Jourdanton Municipal Court: Handles traffic violations and city ordinance cases

Local Medical Facilities

After an accident, seeking prompt medical attention is crucial for your health and your legal case. In Jourdanton, you have several options for medical care:

  • South Texas Regional Medical Center: The primary hospital serving Jourdanton, offering emergency care and specialized treatment
  • Methodist Hospital South: Located in nearby Pleasanton, offering additional medical services
  • University Hospital in San Antonio: A Level I trauma center for more serious injuries (approximately 45 minutes from Jourdanton)
  • Methodist Hospital in San Antonio: Another Level I trauma center for complex cases

Local Roads and Accident Hotspots

Jourdanton sits at the intersection of several major roads, including:

  • US-281: A major north-south route connecting Jourdanton to San Antonio and beyond, known for high-speed traffic and commercial vehicles
  • SH-97: Runs east-west through Jourdanton, connecting to I-37 and other regional highways
  • FM 1333: A rural route that can be dangerous due to high speeds and limited shoulders
  • I-37: Located approximately 15 miles east of Jourdanton, this interstate sees significant truck traffic

Common accident locations in our area include:

  • The intersection of US-281 and SH-97
  • US-281 through downtown Jourdanton
  • SH-97 near the Atascosa County courthouse
  • Rural intersections along FM 1333 and other farm-to-market roads
  • Railroad crossings in and around Jourdanton

Local Employers and Economic Factors

Understanding the local economy is important for calculating lost wages and earning capacity. Major employers in the Jourdanton area include:

  • Atascosa County government and schools
  • South Texas Regional Medical Center
  • Local agricultural businesses
  • Oil and gas companies operating in the Eagle Ford Shale region
  • Retail and service businesses in downtown Jourdanton

The median household income in Atascosa County is approximately $50,000, which is important for calculating lost earning capacity in injury cases.

Local Insurance Adjusters

Our firm has experience dealing with insurance adjusters who handle claims in Atascosa County. Some of the insurance companies we frequently encounter include:

  • State Farm
  • Allstate
  • Farmers Insurance
  • Progressive
  • GEICO
  • USAA (common among military families and veterans)
  • Texas Farm Bureau (popular among rural residents)

Lupe Peña’s experience as an insurance defense attorney gives us a significant advantage in dealing with these adjusters. He knows their tactics and settlement strategies from the inside.

Local Jury Pool Considerations

In the event your case goes to trial, it will likely be heard by a jury from Atascosa County. Understanding the local jury pool is important for case evaluation and trial strategy. Atascosa County jurors tend to be:

  • Conservative-leaning
  • Familiar with rural and agricultural lifestyles
  • Appreciative of personal responsibility
  • Sympathetic to accident victims when liability is clear
  • Skeptical of large corporations and insurance companies

Our firm’s deep roots in Texas and understanding of rural communities help us connect with local jurors and present your case effectively.

Call Attorney911 Now: 1-888-ATTY-911

If you or a loved one has been injured in a motor vehicle accident in Jourdanton or anywhere in Atascosa County, don’t wait to get the help you need. Every day you wait, evidence disappears, and insurance companies build their case against you.

Why Call Attorney911 Today?

  1. Evidence Disappears Daily: Surveillance footage is deleted in 7-30 days. Witness memories fade. Electronic data from trucks can be overwritten. We send preservation letters immediately to protect your case.

  2. Insurance Companies Are Already Working Against You: From the moment your accident happens, adjusters are building a file to minimize or deny your claim. Lupe Peña knows their tactics because he used them for years—now he fights for victims like you.

  3. The 2-Year Deadline is Real: In Texas, you have just 2 years from the date of your accident to file a lawsuit. Miss this deadline, and your case is barred forever. Don’t wait until it’s too late.

  4. We Don’t Get Paid Unless We Win: There’s no financial risk to you. We work on a contingency fee basis—you pay nothing unless we recover compensation for you.

  5. We Handle Everything: From dealing with insurance companies to coordinating your medical treatment, we handle all the details so you can focus on your recovery.

  6. We Know Jourdanton: Our firm understands the local courts, medical facilities, and roads in Atascosa County. We’re not just Texas attorneys—we’re your neighbors.

What Happens When You Call?

  1. Immediate Case Evaluation: We’ll discuss your accident and injuries to determine if you have a case.
  2. Free Consultation: There’s no cost and no obligation to meet with us.
  3. Evidence Preservation: We’ll send preservation letters to protect critical evidence.
  4. Medical Coordination: We’ll help you get the treatment you need.
  5. Insurance Negotiation: We’ll handle all communication with insurance companies.
  6. Aggressive Representation: We’ll fight for maximum compensation, whether through settlement or trial.

Our Promise to You

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

At Attorney911, we treat every client like family. We understand the physical, emotional, and financial toll an accident takes on you and your loved ones. That’s why we fight tirelessly to get you the compensation you deserve.

How to Reach Us

Call 1-888-ATTY-911 (1-888-288-9911) – Our legal emergency line is available 24/7 to answer your call.

Visit Our Website: https://attorney911.com – You can schedule a free consultation online.

Email: ralph@atty911.com or lupe@atty911.com – We respond quickly to all inquiries.

Office Location: While our primary office is in Houston, we serve clients throughout Texas, including Jourdanton and Atascosa County. We offer remote consultations and can travel to meet you in Jourdanton when needed.

Don’t Face This Alone

Motor vehicle accidents change lives in an instant. But you don’t have to face the aftermath alone. With Attorney911 on your side, you have a team of experienced attorneys who know how to fight for you.

Call 1-888-ATTY-911 now for your free consultation. We don’t get paid unless we win your case.

“They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.” – Glenda Walker

Let us fight for you. Call Attorney911 today.

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