Motor Vehicle Accident Lawyers in Bandera, Texas – Attorney911 Fights for You
If You’ve Been Injured in a Car Accident in Bandera, Texas, We’re Here to Help
A car accident can change your life in an instant. One moment you’re driving down Highway 16 or FM 1077 in Bandera, Texas, and the next, you’re facing injuries, medical bills, and insurance companies that don’t have your best interests at heart. At Attorney911, we understand the physical, emotional, and financial toll a motor vehicle accident can take on you and your family. With over 25 years of experience fighting for accident victims across Texas, our Bandera car accident lawyers are ready to stand by your side and fight for the compensation you deserve.
Bandera, known as the “Cowboy Capital of the World,” is a community built on hard work, family values, and the rugged Texas spirit. Whether you’re commuting to work in Kerrville, heading to the Bandera County Courthouse, or enjoying a weekend ride along the scenic backroads, the last thing you expect is to be involved in a devastating accident. But when the unexpected happens, you need a legal team that knows Bandera, understands Texas law, and has the experience to take on insurance companies that try to minimize your claim.
At Attorney911, we don’t just handle cases—we handle people. You’re not just another file to us. You’re a neighbor, a member of our community, and someone who deserves justice. That’s why we offer free consultations and work on a contingency fee basis: you pay nothing unless we win your case. If you or a loved one has been injured in a car accident in Bandera, Texas, call our legal emergency hotline at 1-888-ATTY-911 (1-888-288-9911)—we answer 24/7.
Why Bandera, Texas, Residents Choose Attorney911 After a Car Accident
We Know Bandera and the Surrounding Communities
Bandera County is a special place, with its rolling hills, historic downtown, and tight-knit community. But like many rural areas in Texas, our roads can be dangerous. Whether you’re driving on Highway 16, FM 470, or the winding roads near Medina Lake, accidents happen—and when they do, you need a law firm that understands the unique challenges of Bandera County.
Our team at Attorney911 serves clients throughout Bandera County, including:
- Bandera (the county seat and heart of our community)
- Medina (home to Medina Lake and a popular spot for outdoor recreation)
- Lakehills (a growing community with scenic views and rural charm)
- Tarpley (a small but vibrant community near the Sabinal River)
- Vanderpool (gateway to the Lost Maples State Natural Area)
- Nearby communities in Kerr County, Real County, and Uvalde County
We’re familiar with the local courts, including the Bandera County Courthouse, and we know the insurance adjusters who handle claims in this area. When you hire Attorney911, you’re not just getting a law firm—you’re getting a team that’s part of your community and committed to fighting for your rights.
Over 25 Years of Experience Fighting for Texas Accident Victims
Ralph Manginello, the founder of Attorney911, has been practicing law in Texas since 1998. With over 25 years of experience, Ralph has handled thousands of motor vehicle accident cases, from rear-end collisions on Highway 16 to catastrophic trucking accidents on I-10. He is admitted to practice in federal court in the Southern District of Texas, which means he has the experience to handle complex cases that other firms may shy away from.
Ralph’s commitment to justice goes beyond the courtroom. He is a member of the Harris County Criminal Lawyers Association (HCCLA), an elite organization of criminal defense attorneys. This membership gives him unique insight into cases involving DWI accidents, where criminal charges may accompany civil claims. Ralph’s deep roots in Texas—from his childhood in the Memorial area of Houston to his education at the University of Texas at Austin and South Texas College of Law—give him a perspective that resonates with clients across the state, including those in Bandera County.
We Have a Former Insurance Defense Attorney on Our Team
One of the biggest advantages of choosing Attorney911 is that our team includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. Lupe knows exactly how insurance companies evaluate claims, calculate settlements, and build cases against accident victims. He’s reviewed hundreds of surveillance videos, hired IME (Independent Medical Exam) doctors, and used software like Colossus to minimize payouts. Now, he uses that insider knowledge to fight for YOU.
When insurance companies try to lowball your claim or deny it altogether, Lupe knows their playbook because he wrote it. He understands:
- How they calculate settlement offers (and how to push for more)
- Which IME doctors they favor (and how to counter their biased reports)
- When they’re bluffing about policy limits (and how to find hidden coverage)
- How to beat their algorithms (like Colossus) that undervalue serious injuries
Lupe’s experience is a game-changer for our clients. As he puts it:
“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.”
With Lupe on your side, you have an unfair advantage over the insurance companies.
Multi-Million Dollar Results for Our Clients
At Attorney911, we don’t just talk about results—we prove them. Our firm has recovered millions of dollars for accident victims across Texas, including:
- 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 multi-million dollar settlement for a client whose leg was injured in a car accident. During treatment, staff infections led to a partial amputation.
- Millions recovered for families in trucking-related wrongful death cases, where we held negligent trucking companies accountable.
- A significant cash settlement for a client who injured his back while lifting cargo on a ship. Our investigation revealed he should have been assisted in this duty.
These results aren’t just numbers—they represent real people whose lives were changed by accidents. We fight for every client as if they were family, and we won’t stop until we’ve secured the compensation they deserve.
Real Clients, Real Results: What Bandera Residents Say About Attorney911
We’re proud of the relationships we’ve built with our clients, many of whom come from small towns like Bandera where word-of-mouth matters. Here’s what some of our clients have to say about working with Attorney911:
“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 H.
“You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” — Chad H.
“Leonor got me into the doctor the same day… It only took 6 months—amazing.” — Chavodrian M.
“I was rear-ended and the team got right to work… I also got a very nice settlement.” — MONGO S.
“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 Y.
“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 W.
These testimonials reflect our commitment to treating every client with the care and respect they deserve. In a small community like Bandera, reputation matters—and ours is built on results, communication, and compassion.
Common Types of Motor Vehicle Accidents in Bandera, Texas
Bandera County’s mix of rural roads, scenic highways, and growing communities means that accidents can happen anywhere. Whether you’re driving to work, heading to a weekend rodeo, or just running errands in town, it’s important to know the risks and your rights. Below, we break down the most common types of motor vehicle accidents in Bandera, Texas, and how Attorney911 can help.
1. Car Accidents in Bandera, Texas
Car accidents are the most common type of motor vehicle accident in Bandera County. In 2024 alone, 251,977 people were injured in motor vehicle crashes across Texas, and Bandera is no exception. Whether it’s a rear-end collision on Highway 16, a T-bone accident at the intersection of Main Street and Cypress Street, or a single-vehicle crash on a rural road, car accidents can cause serious injuries and financial hardship.
Common Causes of Car Accidents in Bandera:
- Distracted driving (texting, talking on the phone, or using GPS while driving)
- Speeding (especially on rural roads where speed limits can be deceiving)
- Failure to yield (common at intersections and four-way stops)
- Drunk or drugged driving (a major problem in rural areas with limited public transportation)
- Following too closely (rear-end collisions are especially common on Highway 16)
- Poor road conditions (potholes, loose gravel, and lack of signage can contribute to accidents)
Common Injuries in Car Accidents:
- Whiplash and soft tissue injuries (neck and back pain that may not appear immediately)
- Herniated discs (can require surgery and months of physical therapy)
- Broken bones and fractures (arms, legs, ribs, and collarbones are commonly injured)
- Traumatic brain injuries (TBI) (even a “mild” concussion can have long-term effects)
- Spinal cord injuries (can lead to paralysis and lifelong disability)
- Internal organ damage (often not visible but life-threatening)
Why You Need a Bandera Car Accident Lawyer:
Insurance companies will try to minimize your injuries and offer you a lowball settlement. They may argue that your injuries are “pre-existing” or that you share some of the blame for the accident. At Attorney911, we know how to counter these tactics. We’ll gather evidence, consult with medical experts, and fight for the full compensation you deserve.
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.”
If you’ve been injured in a car accident in Bandera, Texas, don’t wait—call 1-888-ATTY-911 for a free consultation.
2. 18-Wheeler and Trucking Accidents in Bandera, Texas
Bandera County is home to many trucking routes, including Highway 16, which connects to I-10 and serves as a major corridor for commercial traffic. With 39,393 commercial motor vehicle crashes in Texas in 2024, trucking accidents are a serious concern for Bandera residents. These accidents are often catastrophic due to the size and weight of 18-wheelers—an 80,000-pound truck vs. a 4,000-pound car is no contest.
Why Trucking Accidents Are Different:
Trucking accidents are more complex than typical car accidents because:
- Multiple liable parties: The truck driver, trucking company, cargo loader, and even the manufacturer may share responsibility.
- Federal regulations: The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules for truck drivers, including Hours of Service (HOS) limits, which cap how long a driver can be on the road without rest.
- Higher insurance limits: Commercial trucking companies carry $750,000 to $5,000,000+ in insurance coverage, which means there’s more money available to compensate victims.
- Black box data: Most commercial trucks are equipped with Electronic Logging Devices (ELDs) and Event Data Recorders (EDRs), which can provide critical evidence about the driver’s speed, braking, and hours on the road.
Common Causes of Trucking Accidents in Bandera:
- Driver fatigue (violating HOS regulations)
- Distracted driving (texting, eating, or using a GPS while driving)
- Improper loading (unsecured cargo can shift and cause the truck to jackknife)
- Poor maintenance (bald tires, faulty brakes, or broken lights)
- Speeding (trucks take longer to stop, making speeding especially dangerous)
- Drunk or drugged driving (commercial drivers are held to a stricter 0.04% BAC limit)
Common Injuries in Trucking Accidents:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Amputations (crush injuries can require surgical amputation)
- Internal organ damage (often life-threatening)
- Burns (from fires caused by fuel leaks)
- Wrongful death (trucking accidents are more likely to be fatal)
Why You Need a Bandera Truck Accident Lawyer:
Trucking companies and their insurance providers have teams of lawyers ready to minimize your claim. They may try to blame you for the accident, argue that your injuries aren’t serious, or pressure you into accepting a lowball settlement. At Attorney911, we have the experience and resources to take on these corporate giants.
Case Result: “At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”
Federal Court Experience: Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas, which means we can handle complex trucking cases that other firms may not be equipped to take on.
If you or a loved one has been injured in a trucking accident in Bandera, Texas, call 1-888-ATTY-911 immediately—evidence disappears quickly, and you need an attorney who knows how to preserve it.
3. Drunk Driving Accidents in Bandera, Texas
Drunk driving is a serious problem in Texas, and Bandera County is no exception. In 2024, 1,053 people were killed in alcohol-impaired driving crashes in Texas, accounting for 25.37% of all traffic fatalities. In rural areas like Bandera, where public transportation is limited and bars are a common gathering place, the risk of encountering a drunk driver is even higher.
Texas Dram Shop Law: Holding Bars Accountable
Texas has a dram shop law (Texas Alcoholic Beverage Code § 2.02), which allows victims of drunk driving accidents to sue bars, restaurants, and other establishments that over-serve obviously intoxicated patrons. This means that if a bar or restaurant served alcohol to someone who was clearly drunk and that person caused an accident, the establishment can be held liable for your injuries.
Signs of Obvious Intoxication:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Strong odor of alcohol
- Aggressive or erratic behavior
- Difficulty counting money or handling objects
Why Drunk Driving Cases Are Different:
- Punitive damages: Because drunk driving is considered gross negligence, victims may be entitled to punitive damages, which are designed to punish the defendant and deter future misconduct.
- Multiple defendants: In addition to the drunk driver, you may be able to sue the bar, restaurant, or even a social host who provided alcohol.
- Criminal case strengthens civil case: If the drunk driver is convicted of DWI, it can make it easier to prove liability in your civil case.
Why You Need a Bandera Drunk Driving Accident Lawyer:
Drunk driving cases are complex, and insurance companies will try to minimize your claim. They may argue that the bar isn’t liable or that you share some of the blame for the accident. At Attorney911, we have the experience to take on these cases and fight for the compensation you deserve.
Criminal Defense Experience: Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), which means he has the experience to handle cases where criminal charges (like DWI) accompany civil claims. We’ve successfully had three DWI cases dismissed by exposing flaws in the prosecution’s evidence, including:
- A case where the breathalyzer machine was improperly maintained (dismissed)
- A case where EMS notes and hospital records were missing (dismissed on the day of trial)
- A case where video evidence showed our client was not drunk (dismissed)
If you or a loved one has been injured by a drunk driver in Bandera, Texas, call 1-888-ATTY-911—we’ll investigate every angle, including dram shop liability, to maximize your compensation.
4. Motorcycle Accidents in Bandera, Texas
Bandera County is a popular destination for motorcycle enthusiasts, with scenic routes like the Twisted Sisters (Three Sisters) attracting riders from across Texas. But motorcycle accidents are all too common, and the injuries are often severe. In 2024, 585 motorcyclists were killed in Texas, and 37% were not wearing helmets.
Texas Helmet Law:
- Under 21: Helmets are required for all riders.
- Over 21: Riders can go without a helmet only if they have completed a motorcycle safety course or have $10,000+ in medical insurance coverage.
Common Causes of Motorcycle Accidents in Bandera:
- Failure to yield (drivers turning left in front of motorcycles)
- Driver inattention (drivers not seeing motorcycles in their blind spots)
- Unsafe lane changes (drivers merging into motorcycles)
- Speeding (both motorcyclists and other drivers)
- Road hazards (gravel, potholes, and debris are more dangerous for motorcycles)
Common Injuries in Motorcycle Accidents:
- Traumatic brain injuries (TBI) (even with a helmet, the risk is high)
- Spinal cord injuries and paralysis (can result from being thrown from the bike)
- Road rash (severe skin abrasions that can require skin grafts)
- Broken bones (legs, arms, and pelvis are commonly injured)
- Amputations (crush injuries can require surgical amputation)
Why You Need a Bandera Motorcycle Accident Lawyer:
Insurance companies often try to blame motorcyclists for accidents, arguing that they were speeding, weaving in and out of traffic, or not wearing a helmet. Texas’ 51% comparative fault rule means that if you’re found to be 51% or more at fault, you won’t recover anything. At Attorney911, we know how to counter these arguments and fight for your rights.
Lupe’s Insider Advantage: Lupe Peña spent years working for insurance companies, where he made comparative fault arguments against motorcyclists. Now, he uses that knowledge to defeat these arguments and maximize your compensation.
If you’ve been injured in a motorcycle accident in Bandera, Texas, call 1-888-ATTY-911—we’ll fight to ensure you’re not unfairly blamed for the accident.
5. Pedestrian Accidents in Bandera, Texas
Pedestrian accidents are a growing concern in Texas, with 768 pedestrians killed in 2024. In rural areas like Bandera, pedestrians are especially vulnerable because sidewalks are often limited, and drivers may not expect to see people walking along the road.
Texas Pedestrian Right-of-Way Law:
Under Texas law, pedestrians ALWAYS have the right-of-way at intersections, even if there’s no marked crosswalk. This means that if you’re crossing the street at an intersection—whether it’s marked or unmarked—drivers must yield to you.
Common Causes of Pedestrian Accidents in Bandera:
- Driver inattention (texting, talking on the phone, or adjusting the radio)
- Failure to yield (drivers not stopping for pedestrians in crosswalks)
- Speeding (drivers may not have time to stop for pedestrians)
- Drunk or drugged driving (impaired drivers are more likely to hit pedestrians)
- Poor visibility (pedestrians walking at night without reflective clothing)
Common Injuries in Pedestrian Accidents:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken pelvis and legs (often from being struck by a vehicle)
- Internal organ damage (can be life-threatening)
- Wrongful death (pedestrians are 19 times more likely to die in a crash than vehicle occupants)
Why You Need a Bandera Pedestrian Accident Lawyer:
Pedestrian accidents often result in catastrophic injuries, and insurance companies will try to minimize your claim. They may argue that you were jaywalking, not paying attention, or wearing dark clothing. At Attorney911, we know how to counter these arguments and fight for the compensation you deserve.
If you or a loved one has been injured in a pedestrian accident in Bandera, Texas, call 1-888-ATTY-911—we’ll investigate the accident, gather evidence, and hold the negligent driver accountable.
6. Rideshare Accidents (Uber/Lyft) in Bandera, Texas
Rideshare services like Uber and Lyft have become a popular way to get around Bandera, especially for tourists visiting the area. But rideshare accidents are more complex than typical car accidents because insurance coverage depends on what the driver was doing at the time of the crash.
Rideshare Insurance Phases:
Rideshare drivers go through four phases, and the insurance coverage changes depending on which phase they’re in:
| Phase | Driver Status | Coverage Available |
|---|---|---|
| Phase 0 | App off, personal use | Personal auto insurance only ($30k/$60k/$25k minimum in Texas) |
| Phase 1 | App on, waiting for ride request | $50k/$100k/$25k contingent coverage |
| Phase 2 | Ride accepted, en route to pickup | $1,000,000 commercial liability coverage |
| Phase 3 | Passenger in vehicle | $1,000,000 commercial liability coverage |
Who Can Be Injured in a Rideshare Accident?
- Riders (21% of victims)
- Drivers (21% of victims)
- Third parties (58% of victims, including other drivers, pedestrians, and cyclists)
Why Rideshare Accidents Are Complex:
- Multiple insurance policies may apply (personal, rideshare, and other driver’s insurance).
- Determining the phase at the time of the accident is critical to accessing the right coverage.
- Uber and Lyft will try to minimize payouts, just like any other insurance company.
Why You Need a Bandera Rideshare Accident Lawyer:
Rideshare accidents require a deep understanding of insurance phases, liability, and Texas law. At Attorney911, we know how to navigate this complex system and fight for the compensation you deserve.
Lupe’s Insider Knowledge: Lupe Peña understands how rideshare insurance works because he worked for insurance companies that handled these claims. He knows how to identify the correct insurance phase and maximize your recovery.
If you’ve been injured in a rideshare accident in Bandera, Texas, call 1-888-ATTY-911—we’ll handle the insurance maze so you can focus on your recovery.
What to Do After a Car Accident in Bandera, Texas: The 48-Hour Protocol
After a car accident, your actions in the first 48 hours can make or break your case. Insurance companies start building their defense against you immediately, and evidence disappears quickly. Here’s what you need to do to protect your rights and maximize your compensation.
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 flares or warning triangles if you have them.
2. Call 911
Report the accident and request medical assistance if anyone is injured. Even if you feel fine, adrenaline can mask injuries—you may be hurt and not realize it yet.
3. Seek Medical Attention
If you’re injured, go to the emergency room immediately. If you’re not sure, go anyway—delayed symptoms are common with injuries like:
- Traumatic brain injuries (TBI) (symptoms may not appear for days)
- Internal bleeding (can be life-threatening if untreated)
- Herniated discs (pain may develop over time)
Local Hospitals Near Bandera:
- Bandera Regional Medical Center (1104 11th St, Bandera, TX 78003)
- Peterson Regional Medical Center (Kerrville, TX – 30 miles from Bandera)
- University Hospital (San Antonio, TX – Level I trauma center)
4. Document Everything
- Take photos of ALL vehicle damage (every angle).
- Photograph the accident scene, including road conditions, traffic signals, and skid marks.
- Take photos of visible injuries.
- Screenshot any messages visible on your phone (do NOT delete anything).
5. Exchange Information
Get the following from the other driver:
- Name, phone number, and address
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, and color
6. Get Witness Information
- Ask witnesses for their names and phone numbers.
- Ask if they saw what happened.
- Record their statements if possible.
7. Call Attorney911
Call 1-888-ATTY-911 (1-888-288-9911) for immediate legal guidance before speaking to ANY insurance company. We’ll advise you on what to say and what not to say to protect your claim.
Hour 6-24: Evidence Preservation
1. Preserve Digital Evidence
- Do NOT delete any texts, calls, photos, or videos related to the accident.
- Screenshot everything relevant.
- Email copies to yourself for backup.
2. Secure Physical Evidence
- Keep damaged clothing, glasses, or personal items (they may be evidence).
- Keep receipts for any expenses (towing, rental car, medications).
- Do NOT repair your vehicle yet—preserve the damage for evidence.
3. Request Medical Records
- Ask for copies of all ER and hospital records.
- Keep all discharge paperwork.
- Follow up with your primary care physician within 24-48 hours.
4. Be Cautious with Insurance Communications
- Note any calls from insurance companies.
- Do NOT give recorded statements without an attorney.
- Do NOT sign anything without attorney review.
- Do NOT accept any settlement offers—early offers are always lowball.
- Say: “I need to speak with my attorney first.”
5. Social Media Blackout
- Make ALL profiles private immediately.
- Do NOT post about the accident, injuries, or activities.
- Do NOT check in anywhere (insurance companies monitor this).
- Tell friends and family not to tag you in posts.
Hour 24-48: Strategic Decisions
1. Consult with an Attorney
- Speak with an experienced motor vehicle accident attorney.
- Call 1-888-ATTY-911 for a free consultation—we’ll review your case and explain your options.
- Have your documentation ready (photos, medical records, witness info).
2. Refer Insurance to Your Attorney
- If insurance contacts you, refer them to your attorney.
- Say: “My attorney will be in touch with you.”
- Provide only basic information (name, date of accident, that you were involved).
3. Do NOT Accept Settlement Offers Without Review
- Early offers are ALWAYS lowball offers—insurance companies want to settle quickly for as little as possible.
- You don’t know the full extent of your injuries yet—some injuries take months to manifest.
- Once you sign a release, you CANNOT get more money, even if you need surgery later.
4. Backup All Evidence
- 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: Medical Follow-Up and Investigation
1. Continue Medical Treatment
- Follow ALL doctor recommendations (insurance companies watch for gaps in treatment).
- Get written work restrictions if you can’t return to work.
- Document all symptoms (pain levels, limitations, emotional distress).
2. Attorney911 Begins Investigation
Within 24 hours of retaining us, we send preservation letters to:
- The other driver and their insurance company
- Trucking companies (for commercial vehicle accidents)
- Businesses near the scene (for surveillance footage)
- Employers (for employment records)
- Government entities (for traffic camera footage)
These letters LEGALLY REQUIRE evidence preservation before automatic deletion.
3. We Handle ALL Insurance Communication
- We become your voice—you don’t have to talk to adjusters.
- We negotiate with insurance companies on your behalf.
- We document all pressure tactics and use them against them.
Why Evidence Disappears: The Urgency of Acting Fast
After a car accident, evidence starts disappearing immediately. Here’s what happens if you wait:
Day 1-7:
- Witness memories fade (details become uncertain).
- Skid marks and debris are cleared from the accident scene.
- Surveillance footage begins to be deleted (gas stations keep footage for 7-14 days; retail stores for 30 days).
Day 7-30:
- Surveillance footage is GONE (once deleted, it cannot be recovered).
- Witnesses become harder to locate (they may move, change jobs, or forget details).
- Scene changes (road repairs, new traffic signals, or construction can alter the accident site).
Month 1-2:
- Insurance companies solidify their defense position (they’ve built a case against you).
- Settlement positions harden (they’re less likely to negotiate fairly).
- Vehicle repairs destroy evidence (once your car is fixed, the damage is gone).
Month 2-6:
- Trucking ELD/black box data is overwritten (can be deleted in 30-180 days).
- Cell phone records become harder to obtain.
- Social media posts are deleted (accounts may be deactivated).
Month 6-12:
- Witnesses are nearly impossible to locate (memories are severely degraded).
- Medical evidence is harder to link to the accident.
- Treatment gaps are used against you (insurance argues your injuries aren’t serious).
- Financial desperation sets in (mounting bills make you vulnerable to lowball offers).
Month 12-24:
- You’re approaching the 2-year statute of limitations (if you miss it, your case is barred forever).
- Insurance companies use this deadline to pressure you into settling (they know you’re running out of time).
- Evidence is severely degraded (memories fade, records are lost).
Every day you wait, evidence disappears. Call Attorney911 NOW at 1-888-ATTY-911—we move fast to preserve your case.
Texas Motor Vehicle Accident Laws You Need to Know
Texas has unique laws that affect your car accident claim. Understanding these laws can help you avoid common pitfalls and maximize your compensation.
1. Statute of Limitations: 2 Years to File a Lawsuit
Under Texas Civil Practice & Remedies Code § 16.003, you have 2 years from the date of your accident to file a personal injury lawsuit. If you miss this deadline, your case is barred forever, and you cannot recover any compensation.
Exceptions:
- Discovery Rule: If you didn’t discover your injury immediately, the 2-year clock may start later.
- Minors: The statute of limitations is tolled (paused) until the child turns 18, then they have 2 years to file.
- Government Claims: If your accident involved a government vehicle (like a city bus or police car), you must file a notice of claim within 6 months.
Why This Matters: Insurance companies know about the 2-year deadline, and they’ll use it to pressure you into settling quickly. Don’t wait—call 1-888-ATTY-911 as soon as possible to protect your rights.
2. Comparative Negligence: The 51% Bar Rule
Texas uses a modified comparative negligence system with a 51% bar rule. This means:
- If you are 50% or less at fault for the accident, you can recover damages reduced by your percentage of fault.
- If you are 51% or more at fault, you cannot recover anything.
Example:
- If you’re 25% at fault for a $100,000 accident, you can recover $75,000 ($100,000 – 25%).
- If you’re 51% at fault, you recover $0.
Why This Matters: Insurance companies always try to blame you to reduce their payout. They may argue that you were speeding, distracted, or not paying attention. At Attorney911, we know how to counter these arguments and fight for your fair share.
Lupe’s Insider Advantage: Lupe Peña spent years working for insurance companies, where he made comparative fault arguments against accident victims. Now, he uses that knowledge to defeat these arguments and maximize your compensation.
3. Texas Minimum Auto Insurance Requirements
Texas is an at-fault state, which means the at-fault driver’s insurance is responsible for paying your damages. However, Texas has low minimum insurance requirements:
| Coverage Type | Minimum Required |
|---|---|
| Bodily Injury – Per Person | $30,000 |
| Bodily Injury – Per Accident | $60,000 |
| Property Damage – Per Accident | $25,000 |
Why This Matters: If the at-fault driver only has the minimum coverage, their insurance may not be enough to cover your medical bills, lost wages, and pain and suffering. That’s why it’s important to have Uninsured/Underinsured Motorist (UM/UIM) coverage on your own policy.
4. Uninsured/Underinsured Motorist (UM/UIM) Coverage
15.4% of Texas drivers are uninsured (about 1 in 7 drivers). If you’re hit by an uninsured driver or a driver with low coverage, UM/UIM coverage can compensate you for your injuries.
Texas UM/UIM Rules:
- Stacking allowed: You can combine coverage from multiple vehicles on your policy.
- Deductible: Typically $250.
- Hit-and-run coverage: UM/UIM covers hit-and-run accidents when the at-fault driver is unidentified.
Why This Matters: If you don’t have UM/UIM coverage, you may be left paying for your own medical bills and lost wages. At Attorney911, we help clients navigate UM/UIM claims and fight for the full compensation they deserve.
Watch Our Video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8
5. Dram Shop Liability: Holding Bars Accountable
Under Texas Alcoholic Beverage Code § 2.02, bars, restaurants, and other establishments can be held liable for over-serving obviously intoxicated patrons who later cause accidents. This is called dram shop liability.
Elements to Prove:
- The establishment served alcohol to someone who was obviously intoxicated.
- The over-service was the proximate cause of the accident and your injuries.
Signs of Obvious Intoxication:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Strong odor of alcohol
- Aggressive or erratic behavior
Why This Matters: If a drunk driver caused your accident, you may be able to sue the bar or restaurant that over-served them. This gives you another source of compensation and holds the establishment accountable.
6. Punitive Damages: Punishing Gross Negligence
Texas allows punitive (exemplary) damages in cases involving gross negligence, fraud, or malice. These damages are designed to punish the defendant and deter future misconduct.
When Punitive Damages Apply:
- Drunk driving accidents (conscious indifference to safety)
- Hit-and-run accidents (fleeing the scene shows malice)
- Trucking accidents (violating FMCSA regulations)
- Product liability cases (manufacturers selling defective products)
Punitive Damage Caps in Texas:
- The greater of $200,000 OR
- 2x economic damages + 1x non-economic damages (capped at $750,000 for non-economic damages)
Why This Matters: Punitive damages can significantly increase your compensation, especially in cases involving drunk driving or egregious negligence.
How Insurance Companies Try to Screw You (And How We Fight Back)
Insurance companies are not on your side. Their goal is to pay you as little as possible, and they have years of experience minimizing claims. Here are the top 6 tactics they use—and how Attorney911 counters them.
Tactic #1: The Quick Cash Trap (Weeks 1-3)
What They Do:
Within days or weeks of your accident, the insurance company will call you with a quick settlement offer. It might sound like a lot of money—$2,000, $5,000, or even $10,000—but it’s always a lowball offer.
Why It Works:
- You’re desperate for money to pay bills.
- You don’t know the full extent of your injuries yet.
- You think the offer is fair because you don’t know your case’s true value.
The Trap:
If you accept the offer and sign a release, you cannot get more money later, even if you need surgery or discover permanent injuries.
Real-Life Example:
- Day 3: Insurance offers $3,500 “final settlement.”
- Week 6: MRI reveals herniated disc requiring surgery ($100,000+ in medical bills).
- Result: You’re stuck paying $100,000 out of pocket because you signed the release.
How Attorney911 Fights Back:
- We never settle before Maximum Medical Improvement (MMI)—the point where your injuries have stabilized and you know the full extent of your damages.
- We know their offers are always lowball—Lupe Peña used to calculate these offers for insurance companies, and he knows they’re offering 10-20% of your case’s true value.
- We fight for what you’re really owed—not what the insurance company wants to pay.
Tactic #2: The Recorded Statement Trap (Days 1-3)
What They Do:
The insurance adjuster will call you within 24-72 hours of your accident and say:
- “We just want to help you.”
- “We need your side of the story to process your claim.”
- “This is routine—everyone does this.”
What They’re Really Doing:
They’re building a case against you with leading questions designed to make you say things that hurt your claim.
Common Questions They Ask (and How They Use Your Answers Against You):
| Question | What They Want You to Say | How They Use It Against You |
|---|---|---|
| “You’re feeling better now, right?” | “Yeah, I’m doing okay.” | “See? Your injuries aren’t that bad.” |
| “It wasn’t that bad of an impact, was it?” | “No, it wasn’t too bad.” | “The accident wasn’t serious, so your injuries must not be either.” |
| “You were able to walk away from the scene?” | “Yes, I walked to the ambulance.” | “You weren’t that injured—you could walk!” |
| “Were you distracted at all?” | “I might have been looking at my GPS.” | “You were partially at fault for the accident.” |
| “How fast were you going?” | “I don’t know, maybe 40?” | “You were speeding!” (even if you weren’t) |
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 Fights Back:
- We tell you NOT to give a recorded statement without us.
- We handle ALL communication with insurance companies—you don’t have to talk to them.
- If a statement is absolutely necessary, we prepare you extensively and sit with you during the call.
- Lupe knows their questions because he asked them for years—now he helps you beat them.
Tactic #3: The “Independent” Medical Exam (IME) Scam (Months 2-6)
What They Call It:
“Independent Medical Examination” (IME)
What It Really Is:
A doctor hired by the insurance company to minimize your injuries.
How Insurance Companies Choose IME Doctors:
- They pick doctors who give favorable reports to insurance companies.
- These doctors are paid thousands of dollars per exam ($2,000-$5,000).
- They repeat business by consistently finding “no injury” or “pre-existing condition.”
What Happens at the IME:
- A 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation).
- The doctor rarely reviews your complete medical records beforehand.
- They ask leading questions designed to make you say you’re “feeling better.”
- They look for any reason to minimize your injuries.
Common IME Doctor Findings (and What They Really Mean):
| What They Say | What It Really Means |
|---|---|
| “Patient has pre-existing degenerative changes.” | Everyone over 40 has some arthritis—used to deny claims. |
| “Injuries consistent with minor trauma.” | Minimizing your pain and suffering. |
| “Patient can return to full-duty work.” | Eliminating your lost wage claim. |
| “Treatment has been excessive.” | Attacking your treating doctors. |
| “Subjective complaints out of proportion to objective findings.” | Calling you a liar. |
How Attorney911 Fights Back:
- 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 as a defense attorney.
Tactic #4: The Delay, Deny, Defend Strategy (Months 6-12+)
What They Do:
Insurance companies drag out your case hoping you’ll get desperate and accept a lowball offer. They’ll say:
- “We’re still investigating your claim.”
- “We’re waiting for medical records.” (even if you sent them months ago)
- “We need additional information.”
- They ignore your calls and emails for weeks.
Why It Works:
- Insurance companies have unlimited time and resources—they’re not in a hurry.
- You have mounting bills, no income, and creditors threatening you—you need money NOW.
- Financial desperation makes you accept less—they know you’ll take $5,000 just to end the nightmare.
How Attorney911 Fights Back:
- We file a lawsuit to force deadlines and make them take your case seriously.
- We set depositions, forcing them to produce witnesses and evidence.
- We prepare for trial, showing we’re serious and won’t back down.
- Lupe understands delay tactics because he used them for years—he knows when to push.
Tactic #5: Surveillance and Social Media Monitoring
What They Do:
Insurance companies hire private investigators to:
- Video you doing daily activities (walking, driving, shopping).
- Follow you to appointments, errands, and social events.
- Look for ANY activity that contradicts your injury claims.
- Monitor ALL your social media (Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat).
What They’re Looking For:
- Photos or videos of you moving “normally” (they’ll freeze one frame and ignore the 10 minutes of you struggling before and after).
- Check-ins at restaurants, gyms, or events (they’ll argue you’re “not really injured”).
- Posts from friends or family mentioning you (they’ll use these against you).
- Any activity that contradicts your injury claims (e.g., if you claim you can’t lift more than 10 pounds, they’ll look for photos of you carrying groceries).
Real Examples We’ve Defended:
| Example | What Insurance Claimed | Reality |
|---|---|---|
| Old Gym Photo | Presented as recent, “proves you’re not injured” | Photo was 3 years old—we proved the metadata. |
| Restaurant Check-In | “Partying and having fun” | Client was sitting quietly having dinner. |
| Friend’s Comment | “Had fun yesterday!” | Client was resting at home—friend was mistaken. |
| Walking Dog | “Not disabled—you can walk!” | Doctor recommended short walks for recovery. |
| Smiling in Photo | “Not in pain—you’re smiling!” | Everyone smiles for photos—doesn’t mean no pain. |
7 Rules to Protect Your Case:
- Make ALL profiles private immediately.
- Do NOT post about the accident, injuries, or activities.
- Do NOT check in anywhere.
- Tell friends and family: Do NOT tag you or post about you.
- Do NOT accept friend requests from strangers (fake profiles).
- Best: Stay off social media entirely during your case.
- 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.”
How Attorney911 Fights Back:
- We warn you about social media risks upfront.
- We monitor your profiles for suspicious activity.
- We challenge surveillance footage in court, showing the full context.
- We use your treating doctors to explain why you can do some activities but not others.
Tactic #6: The Comparative Fault Blame Game
What They Do:
Insurance companies try to assign you maximum fault to reduce their payout. They’ll say:
- “You were speeding.” (even if you weren’t)
- “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 It Works:
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 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.
How Attorney911 Fights Back:
- We conduct a thorough liability investigation, including:
- Accident reconstruction
- Witness statements
- Police report analysis
- Expert testimony on perception-reaction time
- We counter their comparative fault arguments with evidence.
- Lupe knows their arguments because he made them for years—now he defeats them.
How Insurance Companies ACTUALLY Value Your Claim: The Colossus System
Most people think insurance companies evaluate claims based on fairness or justice. The truth? They use a computer program called Colossus to calculate the minimum they can pay you.
How Colossus Works:
- Data Entry: The adjuster inputs your injury codes, treatment, costs, and jurisdiction.
- Coding: Your injuries are coded using standardized medical terms.
- Calculation: The software applies algorithms to determine your claim’s “value.”
- Range Output: Colossus provides a recommended settlement range.
- Authority: The adjuster typically cannot exceed this range without supervisor approval.
How Insurance Companies Manipulate Colossus:
| Manipulation | Effect |
|---|---|
| Low Injury Codes | Using “soft tissue strain” instead of “disc herniation” reduces value by 50-100%. |
| Excessive Treatment Flags | Therapy beyond “normal” range triggers reductions. |
| Conservative Treatment Penalty | Chiropractic care is valued less than MD treatment. |
| Pre-Existing Reduction | Any prior condition is 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 records to beat the algorithm.
- He calculated these values for years as a defense attorney.
What You Can Recover: Damages in a Texas Car Accident Case
If you’ve been injured in a car accident in Bandera, Texas, you may be entitled to compensation for:
1. Economic Damages (No Cap in Texas)
Economic damages are quantifiable financial losses, including:
- Medical Expenses (Past and Future):
- Emergency room visits
- Hospital stays
- Surgeries
- Doctor visits
- Physical therapy
- Medications
- Medical equipment (wheelchairs, braces, etc.)
- Future medical care (lifetime treatment for permanent injuries)
- Lost Wages:
- Income lost from the date of the accident to the present
- Future lost earning capacity (if you can’t return to your previous job)
- Property Damage:
- Vehicle repair or replacement
- Personal property (phone, laptop, clothing, etc.)
- Out-of-Pocket Expenses:
- Transportation to medical appointments
- Home modifications (wheelchair ramps, grab bars, etc.)
- Household help (if you can’t perform daily tasks)
2. Non-Economic Damages (No Cap in Texas, Except Medical Malpractice)
Non-economic damages are intangible losses that don’t have a specific dollar amount, including:
- Pain and Suffering:
- Physical pain from your injuries (both past and future)
- Mental Anguish:
- Emotional distress, anxiety, depression, PTSD
- Physical Impairment:
- Loss of physical function, disability, limitations
- Disfigurement:
- Scarring, permanent visible injuries affecting your appearance
- Loss of Consortium:
- Impact on your marriage or family relationships (loss of companionship, intimacy, support)
- Loss of Enjoyment of Life:
- Inability to participate in activities you previously enjoyed (hobbies, sports, travel, etc.)
3. Punitive Damages (Capped in Texas)
Punitive (exemplary) damages are designed to punish the defendant and deter future misconduct. They are available in cases involving gross negligence, fraud, or malice.
Common Situations Where Punitive Damages Apply:
- Drunk driving accidents
- Hit-and-run accidents
- Trucking accidents with FMCSA violations
- Product liability cases (defective vehicles or parts)
Punitive Damage Caps in Texas:
- The greater of $200,000 OR
- 2x economic damages + 1x non-economic damages (capped at $750,000 for non-economic damages)
Why This Matters: Punitive damages can significantly increase your compensation, especially in cases involving drunk driving or egregious negligence.
Settlement Ranges for Common Injuries in Bandera, Texas
The value of your case depends on the severity of your injuries, medical costs, lost wages, and impact on your life. Below are typical settlement ranges for common car accident injuries in Texas.
1. Soft Tissue Injuries (Whiplash, Sprains, Strains)
Medical Treatment:
- Emergency room: $2,000-$5,000
- Follow-up doctor visits: $1,000-$3,000
- Physical therapy (6-12 weeks): $3,000-$7,000
- Medications: $300-$1,000
- Total Medical: $6,000-$16,000
Lost Wages: $2,000-$10,000 (2-6 weeks missed work)
Pain & Suffering: $8,000-$35,000
SETTLEMENT RANGE: $15,000-$60,000
Higher if: Permanent pain, restrictions on activities, chronic condition develops
2. Broken Bone (Single, Simple Fracture)
Medical Treatment:
- Emergency room and X-rays: $3,000-$6,000
- Orthopedic consultation: $500-$1,500
- Casting and follow-up: $2,000-$5,000
- Physical therapy: $3,000-$8,000
- Total Medical: $10,000-$20,000
Lost Wages: $5,000-$15,000 (4-8 weeks missed work)
Pain & Suffering: $20,000-$60,000
SETTLEMENT RANGE: $35,000-$95,000
3. Broken Bone (Requiring Surgery – ORIF)
Medical Treatment:
- Emergency room: $5,000-$10,000
- Surgery (Open Reduction Internal Fixation): $25,000-$50,000
- Hospital stay (2-3 days): $6,000-$15,000
- Follow-up care: $3,000-$8,000
- Physical therapy (3-6 months): $8,000-$15,000
- Total Medical: $47,000-$98,000
Lost Wages: $10,000-$30,000 (3-6 months)
Pain & Suffering: $75,000-$200,000
SETTLEMENT RANGE: $132,000-$328,000
4. Herniated Disc (Conservative Treatment)
Medical Treatment:
- Emergency room and initial treatment: $3,000-$6,000
- MRI: $2,000-$4,000
- Physician visits and pain management: $5,000-$12,000
- Physical therapy (3-6 months): $8,000-$15,000
- Epidural steroid injections (series of 3): $3,000-$6,000
- Medications: $1,000-$3,000
- Total Medical: $22,000-$46,000
Lost Wages: $8,000-$25,000
Pain & Suffering: $40,000-$100,000
SETTLEMENT RANGE: $70,000-$171,000
5. Herniated Disc (Surgery Required)
Medical Treatment:
- Initial treatment and diagnostics: $8,000-$15,000
- Failed conservative treatment: $10,000-$20,000
- Spinal surgery (microdiscectomy or fusion): $50,000-$100,000
- Hospital stay: $8,000-$20,000
- Post-surgical care and follow-up: $5,000-$15,000
- Physical therapy (6-12 months): $10,000-$20,000
- Pain management: $5,000-$15,000
- Total Past Medical: $96,000-$205,000
Future Medical: $30,000-$100,000 (ongoing pain management, possible revision surgery)
Lost Wages: $20,000-$50,000 (6-12 months recovery)
Lost Earning Capacity: $50,000-$400,000 (if you can’t return to physical work)
Pain & Suffering: $150,000-$450,000
SETTLEMENT RANGE: $346,000-$1,205,000
6. Traumatic Brain Injury (TBI) – Moderate to Severe
Medical Treatment:
- Emergency room and trauma care: $10,000-$30,000
- Hospital/ICU stay (1-4 weeks): $50,000-$200,000
- Neurosurgery (if required): $75,000-$200,000
- Acute rehabilitation facility: $30,000-$100,000
- Neurologist follow-up care: $10,000-$30,000
- Neuropsychological testing: $3,000-$8,000
- Cognitive therapy: $15,000-$50,000
- Medications: $5,000-$20,000
- Total Past Medical: $198,000-$638,000
Future Medical (Life Care Plan): $300,000-$3,000,000+ (depending on severity)
Lost Wages: $50,000-$200,000
Lost Earning Capacity: $500,000-$3,000,000+
Pain & Suffering: $500,000-$3,000,000+
SETTLEMENT RANGE: $1,548,000-$9,838,000
Attorney911 Documented Result:
“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”
7. Spinal Cord Injury / Paralysis
Lifetime Care Costs by Level:
| 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
8. Amputation
Medical Treatment:
- Emergency care and surgery: $80,000-$200,000
- Hospital stay: $50,000-$150,000
- Rehabilitation: $30,000-$100,000
- Initial prosthetic fitting: $10,000-$30,000
- Total Past Medical: $170,000-$480,000
Future Medical (Lifetime Prosthetics):
- Basic prosthetic leg: $5,000-$15,000 every 3-5 years
- Advanced computerized prosthetic: $50,000-$100,000 every 3-5 years
- Over lifetime (30-50 years): $500,000-$2,000,000
SETTLEMENT RANGE: $1,945,000-$8,630,000
Attorney911 Documented Result:
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
9. Wrongful Death (Working Age Adult)
Economic Damages:
- Funeral and burial: $10,000-$20,000
- Medical expenses before death: $50,000-$500,000
- Lost financial support to family (present value): $1,000,000-$4,000,000
Non-Economic Damages:
- Loss of companionship, society, love: $500,000-$3,000,000
- Loss of advice and counsel: $100,000-$500,000
- Mental anguish (family members): $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: How They Affect Your Case
A nuclear verdict is a jury award exceeding $10 million (originally defined as $10M+, now often $20M+). These verdicts are becoming more common in Texas, and they have a ripple effect on all personal injury cases.
Texas Nuclear Verdict Statistics (2009-2023):
- 207 nuclear verdicts ($10M+)
- Total: $45+ billion in Texas alone
- Texas #1 nationally for nuclear verdicts
- Auto accidents = 23.2% of all nuclear verdicts
Recent Texas Motor Vehicle Nuclear Verdicts:
| Year | Case | Amount | Details |
|---|---|---|---|
| 2024 | Hatch v. Jones (car accident wrongful death) | $81,720,000 | Jury found defendant 100% liable for fatal crash. |
| 2024 | Frito-Lay Warehouse (vehicle collision) | $72,000,000 | Driver suffered catastrophic injuries. |
| 2024 | Lopez v. All Points 360 (Amazon DSP) | $105,000,000 | $63M punitive damages for untrained driver. |
| 2024 | New Prime I-35 pileup (6 deaths) | $44,100,000 | Trucking company found liable for fatal crash. |
| 2024 | Oncor Electric (trucking) | $37,500,000 | Distracted truck driver caused fatality. |
| 2024 | Ben E. Keith (Fort Worth trucking) | $35,000,000 | Largest settlement in Fort Worth history. |
| 2023 | Johnson v. Union Pacific (train) | $557,000,000 | Train collision with catastrophic injuries. |
| 2021 | Ramsey v. Landstar (trucking) | $730,000,000 | Trucking company found grossly negligent. |
| 2017 | Kindred v. Delbosque (drunk driving) | $301 BILLION | Punitive damages against drunk driver. |
Why Nuclear Verdicts Matter for Your Case:
Insurance companies fear nuclear verdicts. This fear increases settlement values across ALL serious injury cases, not just those that go to trial. When you hire Attorney911, our trial readiness and multi-million dollar track record give us leverage in every negotiation.
How Insurance Companies Calculate Your Settlement: The Multiplier Method
Most insurance companies use a multiplier method to calculate settlement offers. Here’s how it works:
Formula:
Total Settlement = (Medical Expenses × Multiplier) + Lost Wages + Property Damage
Multiplier Range: 1.5 to 5
| Injury Severity | Multiplier Range |
|---|---|
| Minor injuries (soft tissue, quick recovery) | 1.5 – 2 |
| Moderate injuries (broken bones, months 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 Your Multiplier (Push Toward 4-5):
- Permanent injury or disability
- Scarring or disfigurement
- Long recovery time (12+ months)
- Surgery required
- Ongoing pain management needed
- Clear liability (other driver 100% at fault)
- Sympathetic plaintiff (child, elderly, pregnant)
- Defendant’s conduct egregious (drunk driving, hit and run)
- Strong evidence (video, witnesses)
- Permanent restrictions on work/activities
Factors That Decrease Your Multiplier (Push Toward 1.5-2):
- 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
Why Lupe’s Experience Matters:
Lupe Peña calculated these multipliers for years using insurance company formulas. He knows:
- When to push for a higher multiplier (4-5 vs. 2-3)
- Which factors insurance weighs most heavily
- How to document cases to justify higher multipliers
- When the multiplier method undervalues your case (catastrophic injuries)
- When to abandon the multiplier and demand policy limits
We Don’t Accept Low Multipliers:
- Insurance offers 1.5× multiplier for a severe injury? We fight for 4-5×.
- We document permanency, impact, and severity.
- We prepare for trial if they won’t pay a fair multiplier.
- Our multi-million dollar results prove we don’t accept low multipliers.
What Makes a Case Worth More? Factors That Maximize Your Compensation
The value of your case depends on many factors. Here’s what can increase your compensation:
Clear Liability Factors:
- Other driver ran a red light (traffic camera proof)
- Other driver was drunk (BAC 0.15+)
- Other driver fled the scene (hit and run)
- Other driver was cited by police
- Multiple witnesses confirm fault
Severe Injury Factors:
- Surgery required
- Permanent disability
- Scarring/disfigurement
- Traumatic brain injury
- Spinal cord injury
- Amputation
High Medical Bills:
- Emergency surgery
- ICU stay
- Months of physical therapy
- Future medical needs
- Life care plan
Significant Lost Wages:
- High earner ($100,000+ salary)
- Can’t return to work
- Permanent career change required
- Lost earning capacity over decades
Sympathetic Plaintiff:
- Young (long life ahead)
- Children depending on you
- Pregnant at time of accident
- Elderly (vulnerable)
- Hard worker, good person
Egregious Defendant Conduct:
- Drunk driving
- Texting while driving
- Fleeing the scene
- Prior DWI convictions
- Commercial driver violations
Strong Evidence:
- Video of the accident
- Multiple witnesses
- Police report favors you
- Electronic data (black box, ELD)
- Expert witness testimony
What Hurts Your Case? Factors That Decrease Your Compensation
Insurance companies will look for any reason to reduce your settlement. Avoid these mistakes:
Disputed Liability:
- No witnesses
- Conflicting accounts of what happened
- No police report
- Comparative fault issues (they’ll blame you)
Gaps in Medical Treatment:
- Missed appointments
- Stopped treating
- Didn’t follow doctor’s orders
- Long gaps between visits
Pre-Existing Conditions:
- Prior injuries to the same body part
- Existing medical conditions
- Previous accidents
- (Note: You can still recover for aggravation of pre-existing conditions, but it complicates your case.)
Social Media Mistakes:
- Posted about the accident
- Photos showing activity
- Check-ins at locations
- Friends posting about you
Recorded Statements:
- Gave a statement to insurance without an attorney
- Said something that hurts your case
- Minimized your injuries
- Accepted partial fault
Delayed Attorney Hiring:
- Waited months to hire an attorney
- Evidence already lost
- Surveillance footage deleted
- Witnesses gone
This is why calling Attorney911 immediately (1-888-ATTY-911) maximizes your case value.
How Attorney911 Proves Liability and Builds Your Case
To win your case, we must prove four elements of negligence:
1. Duty of Care
- All drivers have a legal duty to operate their vehicles safely.
- They must obey traffic laws, maintain a proper lookout, and control their speed.
- Commercial drivers (like truckers) have a heightened duty under FMCSA regulations.
2. Breach of Duty
The at-fault driver violated their duty of care by:
- Speeding
- Running a red light
- Texting while driving
- Driving drunk
- Failing to yield
- Following too closely
3. Causation
The breach of duty directly caused your injuries. We must prove:
- “But for” test: But for the defendant’s actions, you would not have been injured.
- Proximate cause: Your injuries were a foreseeable result of the defendant’s negligence.
4. Damages
You suffered actual harm, including:
- Physical injuries
- Financial losses (medical bills, lost wages)
- Emotional distress (pain and suffering)
Evidence We Use to Prove Your Case
Physical Evidence:
- Vehicle damage photographs (all angles)
- Skid marks, debris, road damage
- Damaged personal property (clothing, glasses, phone)
- Weather and road conditions at the time of the accident
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 (accident reconstruction, medical experts)
- Your own testimony (about your injuries and how the accident happened)
Expert Witnesses We Work With
To build the strongest possible case, we work with top expert witnesses, including:
| Expert Type | What They Prove |
|---|---|
| Accident Reconstructionist | How the crash occurred, who was at fault, speeds, angles |
| Medical Experts | Extent of your 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 your injuries were caused by the collision forces |
| Trucking Industry Expert | FMCSA violations, industry standards |
| Human Factors Expert | Perception-reaction time, visibility issues |
Why Choose Attorney911 for Your Bandera, Texas, Car Accident Case?
If you’ve been injured in a car accident in Bandera, Texas, you have many options for legal representation. But Attorney911 stands out for five key reasons:
1. We Have a Former Insurance Defense Attorney on Our Team
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
This is our biggest competitive advantage. Lupe spent years working for insurance companies, where he:
- Calculated settlement offers using software like Colossus.
- Hired IME doctors who consistently found “no injury.”
- Made comparative fault arguments to reduce payouts.
- Deployed delay tactics to pressure victims into accepting lowball offers.
Now, he uses that insider knowledge to fight for YOU. When insurance companies try to minimize your claim, Lupe knows their playbook because he wrote it.
No other law firm in Bandera, Texas, has this advantage.
2. We Have Multi-Million Dollar Results
We don’t just talk about results—we prove them. Attorney911 has recovered millions of dollars for accident victims across Texas, including:
- 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 multi-million dollar settlement for a client whose leg was injured in a car accident. During treatment, staff infections led to a partial amputation.
- Millions recovered for families in trucking-related wrongful death cases.
- A significant cash settlement for a client who injured his back while lifting cargo on a ship. Our investigation revealed he should have been assisted in this duty.
These results aren’t just numbers—they represent real people whose lives were changed by accidents. We fight for every client as if they were family, and we won’t stop until we’ve secured the compensation they deserve.
3. We Have Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This means we can handle complex cases that other firms may not be equipped to take on, including:
- Trucking accidents (FMCSA regulations are federal)
- Maritime accidents (Jones Act and general maritime law)
- Cases against out-of-state defendants (diversity jurisdiction)
- Product liability cases (defective vehicles or parts)
BP Explosion Litigation: Our firm is one of the few in Texas to be involved in BP explosion litigation. This experience shows our capability to take on billion-dollar corporations and win.
4. We Provide Personal Attention – You’re Not Just a Case Number
At Attorney911, you work directly with Ralph Manginello or Lupe Peña, not a case manager assembly line. We treat every client like family, and our clients notice the difference:
“You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” — Chad H.
“I never felt like ‘just another case’ they were working on.” — Ambur H.
“Consistent communication and not one time did I call and not get a clear answer.” — Dame H.
“Leonor and Amanda were amazing, they walked me through everything with my car accident.” — Kelly H.
In a small community like Bandera, word-of-mouth matters. Our reputation is built on results, communication, and compassion.
5. We Work on a Contingency Fee – You Pay Nothing Unless We Win
We understand that after a car accident, money is tight. That’s why we work on a contingency fee basis—you pay nothing upfront, and we only get paid if we win your case.
- Free consultation: We’ll review your case at no cost and explain your options.
- No hourly fees: You don’t pay us by the hour.
- No hidden costs: We advance all case expenses (filing fees, expert witnesses, etc.).
- You pay nothing unless we win: If we don’t recover compensation for you, you owe us nothing.
This means no financial risk for you. We’re invested in your case, and we’ll fight to get you the maximum compensation possible.
Frequently Asked Questions About Car Accidents in Bandera, Texas
Immediate After Accident
1. What should I do immediately after a car accident in Bandera, Texas?
If you’ve been in an accident in Bandera, Texas:
- Call 911 and report the accident.
- Seek medical attention even if you feel fine (adrenaline masks injuries).
- Document everything: Take photos of vehicle damage, injuries, and the scene.
- Exchange information with the other driver (name, phone, insurance, license plate).
- Get witness names and phone numbers.
- Do NOT give a recorded statement to any insurance company.
- Call Attorney911 at 1-888-ATTY-911 for immediate legal guidance.
2. Should I call the police even for a minor accident?
Yes. Always call the police. 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, including:
- Traumatic brain injuries (TBI) (symptoms may not appear for days)
- Internal bleeding (can be life-threatening if untreated)
- Herniated discs (pain may develop over time)
- Adrenaline masks pain at the scene.
Insurance companies use delays in treatment against you. Get checked immediately.
4. What information should I collect at the scene?
- Other driver: name, phone, address, driver’s license, insurance, license plate, vehicle make/model/color.
- Witnesses: names and phone numbers.
- Photos: all vehicle damage, injuries, road conditions, traffic signals.
- Police: officer name, badge number, report number.
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 an 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?
In Bandera, Texas, you can obtain the police report from the Bandera County Sheriff’s Office 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 on what to say.
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, discuss injuries, or accept fault.
9. Do I have to accept the insurance company’s estimate?
No. Their estimate is just an offer, and it’s usually far below actual value. 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/underinsured?
Your own 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 1-888-ATTY-911 as soon as possible.
15. How much time do I have to file (statute of limitations)?
In Texas: 2 years from the date of the 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 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—because insurance companies know we’re not bluffing.
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?
Depends on injury severity. We don’t settle until you’ve reached Maximum Medical Improvement (MMI)—the point where your injuries have stabilized. Could be 6 months for minor injuries, 18-24 months for serious injuries.
20. What is the legal process step-by-step?
- Investigation and evidence gathering
- Medical treatment to MMI
- Demand letter to insurance
- Negotiation
- Lawsuit if necessary
- Discovery
- Mediation
- 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?
Depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, insurance available. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).
22. What types of damages can I recover?
- Economic damages (medical bills, lost wages, property damage)
- Non-economic damages (pain and suffering, mental anguish, physical impairment)
- Punitive damages (in cases of gross negligence, like drunk driving)
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 (except medical malpractice).
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.
25. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries is NOT taxable. Punitive damages are taxable. Consult a tax professional.
26. How is the value of my claim determined?
Based on:
- Medical bills
- Future treatment costs
- Lost income
- Permanent impairment rating
- Comparable verdicts
- Severity of injuries
- Impact on 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 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 or 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 before knowing your injuries.
- 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 monitors everything.
34. Why shouldn’t I sign anything without a lawyer?
- Releases are permanent—you can’t undo them.
- Medical authorizations give unlimited access to your records.
- Settlement offers are binding—once signed, you can’t get more money.
35. What if I didn’t see a doctor right away?
See one NOW. Explain you didn’t realize the severity of your injuries. Delayed symptoms are common, and 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 the defendant takes you as they find you. For example:
- You had mild occasional back pain before the accident.
- The accident caused a herniated disc requiring surgery.
- You recover for the new injury, not just the pre-existing pain.
We hire medical experts to prove the difference. Lupe knows how insurance attacks pre-existing conditions—he used this defense for years.
37. Can I switch attorneys if I’m unhappy with my current lawyer?
YES. You can fire your attorney at any time. If your attorney isn’t communicating, isn’t fighting for you, or is pushing you to settle cheap, you have the right to switch. Attorney911 has taken over many cases from other attorneys. As 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.” Call 1-888-ATTY-911 to discuss switching.
38. What if the insurance company is my own insurance (UM/UIM claim)?
Uninsured/Underinsured Motorist claims are against your own insurance when the other driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation.
Texas allows inter-policy stacking (combining multiple UM policies). Lupe’s insurance knowledge is critical for maximizing UM/UIM recovery.
39. How do you calculate pain and suffering?
Most commonly using the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering. The multiplier depends on:
- Injury severity
- Permanency
- Impact on life
- Clear liability
For example: $100,000 medical × 4 multiplier = $400,000 pain & suffering.
Lupe calculated these for years—he knows how to justify higher multipliers. See Section G for a detailed breakdown.
40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Government claims have special rules. You must file a notice of claim within 6 months (much shorter than the 2-year statute of limitations). Sovereign immunity protects government entities, and damage caps may apply.
These cases are complex—you need an experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—the 6-month deadline is strict.
41. What if the other driver fled the scene (hit and run)?
File a police report immediately (hit and run is a criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is critical—gas stations, businesses, Ring doorbells, traffic cameras. Most footage is deleted in 7-30 days.
We send preservation letters immediately. Texas allows UM stacking. 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. Immigration status does NOT affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential.
We’ve successfully represented clients of all immigration statuses. Lupe is fluent in Spanish. 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. Insurance companies love to argue that “parking lot accidents are always 50/50 fault” (this is a lie). We prove fault through:
- Surveillance video
- Witness statements
- Damage analysis
- Traffic patterns
Texas’ comparative negligence rules apply. We’ve won many parking lot cases with clear liability findings.
44. What if I was a passenger in the at-fault vehicle?
You can sue the driver even if you were riding with them (friend, family member, Uber driver). You’re an innocent victim. The driver’s insurance covers passengers. There are no comparative fault issues (you weren’t driving).
These cases often settle quickly because liability is clear. We handle the difficult conversation so you don’t have to.
45. What if the other driver died in the accident?
You can still pursue a claim against the deceased driver’s estate and insurance. Death doesn’t eliminate liability. The insurance policy still applies, and the estate may have assets.
Wrongful death laws protect both sides. These cases are emotionally complex but legally straightforward. We handle them with sensitivity while protecting your rights.
Bandera, Texas: A Community That Cares
Bandera, Texas, is more than just a place on the map—it’s a community built on hard work, family values, and the rugged Texas spirit. Whether you’re a lifelong resident or a newcomer drawn to the area’s natural beauty, you’re part of something special.
At Attorney911, we’re proud to serve Bandera County and the surrounding communities. We understand the unique challenges of living in a rural area, where:
- Medical care may be far away (the nearest Level I trauma center is in San Antonio).
- Roads can be dangerous (Highway 16, FM 470, and rural roads pose risks).
- Insurance companies may try to take advantage of your trust and goodwill.
We’re here to fight for you, just like we’d fight for our own family. If you or a loved one has been injured in a motor vehicle accident in Bandera, Texas, call our legal emergency hotline at 1-888-ATTY-911 (1-888-288-9911)—we answer 24/7.
Contact Attorney911 Today – We’re Ready to Fight for You
If you’ve been injured in a car accident in Bandera, Texas, don’t wait—evidence disappears quickly, and insurance companies are already building a case against you. At Attorney911, we’re ready to stand by your side, fight for your rights, and secure the compensation you deserve.
Here’s How to Get Started:
- Call 1-888-ATTY-911 (1-888-288-9911) – Our legal emergency line is open 24/7.
- Schedule a free consultation – We’ll review your case at no cost and explain your options.
- Let us handle the rest – We’ll investigate your accident, gather evidence, and fight for maximum compensation.
Remember: We work on a contingency fee basis—you pay nothing unless we win your case. There’s no risk to you, and everything to gain.
Why Choose Attorney911 for Your Bandera, Texas, Car Accident Case?
✅ Former insurance defense attorney on our team – Lupe Peña knows their playbook.
✅ Multi-million dollar results – We don’t settle cheap.
✅ Federal court experience – We handle complex cases.
✅ Personal attention – You’re not just a case number.
✅ No fee unless we win – You pay nothing upfront.
Call 1-888-ATTY-911 now—your recovery starts with one call.