
DUI Manslaughter in Wharton, Texas: Holding Negligent Drivers Accountable After Fatal Trucking Crashes
When Alcohol Takes Lives on Wharton County Roads
The February 2026 arrest in Pensacola for DUI manslaughter sent shockwaves through communities across the Gulf Coast – and serves as a grim reminder that alcohol-impaired driving doesn’t just affect cars. When commercial vehicles are involved, the consequences become exponentially more devastating. While this particular tragedy occurred in Florida, the same dangers exist right here in Wharton County, where our highways carry heavy truck traffic from the Port of Houston, petrochemical plants, and agricultural distribution centers.
At Attorney911, we’ve seen firsthand how alcohol-related truck crashes destroy families. Our managing partner, Ralph Manginello, has spent 25+ years fighting for victims of impaired driving accidents across Texas. When a driver chooses to get behind the wheel after drinking – especially in an 80,000-pound commercial vehicle – the legal system must hold them fully accountable.
The Incident: What We Know About This DUI Manslaughter Case
According to reports, a driver was arrested on DUI manslaughter charges following a fatal crash on Scenic Highway. The most chilling detail? The driver allegedly had only alcohol in their system – no other drugs were detected. This wasn’t a case of prescription medication interaction or illicit substances. It was pure, preventable alcohol impairment that took a life.
The online comment “Alcohol is the only drug someone would have in their system. No drugs in Pensacola at all, just alcohol” reveals a dangerous misconception we see all too often. Alcohol alone is more than enough to cause catastrophic crashes. In fact, alcohol is involved in approximately 28% of all traffic fatalities nationwide, according to NHTSA data.
What makes this case particularly troubling is the sheriff’s department comment about needing “updated training.” This suggests systemic issues in recognizing and handling alcohol impairment cases – a problem that could easily exist in Wharton County law enforcement as well.
Alcohol and Commercial Vehicles: A Deadly Combination
While this incident didn’t specifically mention a commercial vehicle, the principles apply equally to truck drivers. The FMCSA has zero tolerance for alcohol in commercial drivers:
- 49 CFR § 392.5 prohibits any alcohol consumption within 4 hours of driving
- 49 CFR § 382.201 sets the legal limit for commercial drivers at 0.04% BAC – half the limit for regular drivers
- 49 CFR § 382.215 requires post-accident alcohol testing within 8 hours
For regular drivers, Texas law makes it a Class A misdemeanor to drive with a BAC of 0.08% or higher. When that impaired driving results in death, it becomes intoxication manslaughter – a second-degree felony punishable by 2-20 years in prison and up to $10,000 in fines.
“When a driver chooses alcohol over safety, they don’t just risk their own life – they become a weapon on our roads. And when that driver is operating a commercial vehicle, the potential for destruction is multiplied.” – Ralph Manginello, Managing Partner, Attorney911
How Alcohol Impairment Causes Trucking Accidents
Alcohol affects driving ability in ways that are particularly dangerous for large vehicles:
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Slowed Reaction Time – At 0.08% BAC, reaction time slows by 15-25%. For a truck traveling at 65 mph, that means an extra 50-100 feet before the driver can even begin to brake.
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Reduced Coordination – Alcohol impairs fine motor skills needed for steering, braking, and maintaining lane position. This is especially dangerous for trucks with complex air brake systems.
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Impaired Judgment – Alcohol affects decision-making, leading to risky behaviors like speeding, improper lane changes, or aggressive driving.
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Vision Problems – Alcohol reduces peripheral vision and depth perception – critical for truck drivers who must monitor multiple mirrors and blind spots.
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Drowsiness – Alcohol is a depressant that causes fatigue, compounding the already dangerous effects of driver fatigue in the trucking industry.
The Legal Consequences of DUI Manslaughter in Texas
Texas takes intoxication manslaughter extremely seriously. The law defines it as:
“A person commits an offense if the person operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”
Key aspects of Texas intoxication manslaughter law:
| Aspect | Details |
|---|---|
| Classification | Second-degree felony |
| Prison Sentence | 2-20 years |
| Fines | Up to $10,000 |
| License Suspension | 180 days to 2 years |
| Probation | Possible for first-time offenders |
| Civil Liability | Victims’ families can sue for wrongful death |
For commercial drivers, the consequences are even more severe. A DUI conviction results in:
– Immediate CDL disqualification for 1 year (3 years if transporting hazardous materials)
– Lifetime CDL disqualification for a second offense
– Potential loss of livelihood – most trucking companies won’t hire drivers with DUI convictions
Why These Cases Are So Complex
DUI manslaughter cases involving commercial vehicles present unique legal challenges:
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Multiple Liable Parties – Beyond the driver, other entities may share responsibility:
– The trucking company (for negligent hiring, supervision, or dispatch practices)
– The cargo owner (if improper loading contributed to the crash)
– The vehicle manufacturer (if mechanical defects played a role)
– The establishment that served alcohol (if dram shop liability applies) -
Evidence Preservation – Critical evidence can disappear quickly:
– ECM/Black Box data can be overwritten within 30 days
– ELD records may be deleted after 6 months
– Surveillance footage often gets recorded over within 7-30 days
– Witness memories fade with time -
Insurance Issues – Trucking companies carry high insurance limits ($750,000 to $5 million), but insurers will fight aggressively to minimize payouts.
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Criminal vs. Civil Cases – The criminal case focuses on punishment, while the civil case focuses on compensation. Families must pursue both tracks simultaneously.
The Wharton County Connection: Why This Case Matters to Local Drivers
While this incident occurred in Florida, Wharton County faces identical risks:
- Highway 59/69 carries heavy truck traffic from Houston to Victoria
- Highway 90A connects Wharton to major distribution centers
- Local agricultural trucking moves produce and livestock through our communities
- Petrochemical shipments from Gulf Coast refineries pass through Wharton County
The same factors that led to this Pensacola tragedy exist right here:
– Drivers who believe “just a few drinks” won’t impair them
– Law enforcement that may not be fully trained in DUI detection
– Trucking companies that prioritize schedules over safety
– A culture that sometimes minimizes the dangers of alcohol
What Families Should Do After a DUI Manslaughter Crash
If you’ve lost a loved one in an alcohol-related crash, take these steps immediately:
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Contact Law Enforcement – Ensure a thorough investigation is conducted. Request copies of all reports.
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Preserve Evidence – If a commercial vehicle was involved:
– Demand preservation of ECM/Black Box data
– Request ELD records
– Secure maintenance and inspection records
– Obtain the driver’s qualification file -
Document Everything – Take photos of:
– The accident scene
– Vehicle damage
– Road conditions
– Any visible injuries
– The other driver’s license and insurance information -
Seek Medical Attention – Even if you feel fine, get checked out. Adrenaline masks pain, and some injuries don’t show symptoms immediately.
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Contact an Attorney Immediately – Time is critical in these cases. Evidence disappears quickly, and insurance companies begin building their defense immediately.
“In DUI manslaughter cases, the first 48 hours are crucial. Evidence that could prove the driver’s impairment – like blood test results, surveillance footage, or electronic data – can disappear if not preserved immediately. We send spoliation letters within hours of being retained to ensure nothing is lost.” – Ralph Manginello
The Attorney911 Difference: Fighting for Justice in DUI Manslaughter Cases
At Attorney911, we bring unique advantages to DUI manslaughter cases:
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25+ Years of Experience – Ralph Manginello has been fighting for accident victims since 1998. We know how to build strong cases against impaired drivers and the companies that employ them.
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Insurance Defense Background – Our team includes former insurance defense attorneys who know exactly how insurance companies evaluate and minimize claims. We use that insider knowledge to maximize your recovery.
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Federal Court Experience – We’re admitted to practice in the U.S. District Court, Southern District of Texas – essential for cases involving interstate trucking.
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Aggressive Evidence Preservation – We send spoliation letters immediately to preserve critical evidence before it’s destroyed.
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Multi-Million Dollar Results – We’ve recovered millions for families devastated by impaired driving accidents.
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Compassionate Representation – We understand the emotional toll these cases take on families. We fight aggressively for justice while providing the support you need.
Holding All Responsible Parties Accountable
In DUI manslaughter cases, multiple parties may share liability:
The Driver
The most obvious defendant, the driver can be held criminally and civilly liable for their actions. In civil court, we pursue:
– Economic damages (medical expenses, funeral costs, lost income)
– Non-economic damages (pain and suffering, loss of companionship)
– Punitive damages (to punish egregious conduct)
The Trucking Company
Even if the driver was an independent contractor, the trucking company may be liable for:
– Negligent hiring – Failing to check the driver’s background or alcohol history
– Negligent supervision – Not monitoring the driver’s compliance with alcohol regulations
– Negligent dispatch – Pressuring the driver to meet unrealistic schedules
– Negligent maintenance – Failing to properly maintain the vehicle
The Cargo Owner
If the cargo was improperly loaded or secured, the company that loaded it may share responsibility.
The Vehicle Manufacturer
If a mechanical defect contributed to the crash, the manufacturer may be liable.
The Establishment That Served Alcohol
Under Texas dram shop laws, bars and restaurants can be held liable if they served alcohol to someone who was obviously intoxicated.
The Role of FMCSA Regulations in DUI Cases
The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations regarding alcohol and commercial drivers. Violations of these regulations can be powerful evidence in civil cases:
| Regulation | Requirement | Violation Impact |
|---|---|---|
| 49 CFR § 382.201 | 0.04% BAC limit for commercial drivers | Any detectable alcohol is a violation |
| 49 CFR § 382.205 | Pre-employment alcohol testing | Failure to test suggests negligent hiring |
| 49 CFR § 382.303 | Random alcohol testing | Lack of testing shows inadequate supervision |
| 49 CFR § 382.305 | Post-accident alcohol testing | Failure to test within 8 hours violates regulations |
| 49 CFR § 392.5 | No alcohol within 4 hours of driving | Direct evidence of impairment |
When trucking companies violate these regulations, it’s not just a paperwork issue – it’s evidence of negligence that can support punitive damages.
Recent DUI Manslaughter Cases and Verdicts
While we can’t comment on the specific Pensacola case, recent DUI manslaughter verdicts demonstrate what’s possible when negligent drivers are held accountable:
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$462 Million Verdict (2024, Missouri) – A jury awarded $462 million in a case involving an underride collision that resulted in decapitation. While not a DUI case, it shows the potential value of trucking accident cases when gross negligence is proven.
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$160 Million Verdict (2024, Alabama) – A Daimler truck rollover left a driver quadriplegic. The case involved allegations of defective design and inadequate safety features.
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$730 Million Verdict (2021, Texas) – In Ramsey v. Landstar Ranger, a Navy propeller oversize load killed a 73-year-old woman. The case resulted in a $730 million verdict, including $250 million in punitive damages.
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$1 Billion Verdict (2021, Florida) – A Florida jury awarded $1 billion in a case where a drunk driver killed an 18-year-old. The verdict included $900 million in punitive damages.
These cases demonstrate that juries are willing to award massive verdicts when they find that companies or drivers acted with gross negligence or reckless disregard for safety.
The Danger of “Just Alcohol” Thinking
The comment “Alcohol is the only drug someone would have in their system. No drugs in Pensacola at all, just alcohol” reveals a dangerous misconception we see all too often. Many people believe that because alcohol is legal, it’s somehow less dangerous than illegal drugs. This couldn’t be further from the truth.
Alcohol is involved in more fatal crashes than all other drugs combined. According to NHTSA:
– Alcohol is a factor in 28% of all traffic fatalities
– In 2021, 13,384 people died in alcohol-impaired driving crashes
– Alcohol-related crashes cost the U.S. $44 billion annually
The idea that “just alcohol” is somehow less serious than other substances is a myth that costs lives. Alcohol impairs judgment, slows reaction time, and affects coordination – all critical skills for safe driving, especially in large commercial vehicles.
What Wharton County Drivers Need to Know
If you drive on Wharton County roads, you need to be aware of the risks posed by impaired drivers:
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Trucks Are Harder to Stop – A fully loaded 18-wheeler needs 525 feet to stop from 65 mph – nearly two football fields. An impaired driver may not be able to stop in time.
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Trucks Have Massive Blind Spots – If an impaired truck driver doesn’t check their mirrors properly, they may not see your vehicle.
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Trucks Are More Affected by Alcohol – The same amount of alcohol affects a truck driver more severely due to the vehicle’s size and complexity.
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Trucking Companies May Cover Up Impairment – Some companies may try to hide evidence of driver impairment to protect their reputation.
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You Have Rights – If you’re injured by an impaired driver, you have the right to compensation for your injuries, medical expenses, and pain and suffering.
How to Protect Yourself from Impaired Drivers
While you can’t control other drivers, you can reduce your risk:
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Be Extra Cautious at Night – Most alcohol-related crashes occur between midnight and 3 AM.
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Watch for Erratic Driving – Signs of impairment include:
– Swerving or drifting between lanes
– Sudden braking or acceleration
– Driving too slowly
– Nearly hitting objects or other vehicles
– Driving without headlights at night -
Give Trucks Extra Space – Maintain a safe following distance of at least 4 seconds behind large trucks.
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Avoid Blind Spots – If you can’t see the truck’s mirrors, the driver can’t see you.
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Report Suspected Impaired Drivers – Call 911 if you see a driver who appears to be impaired. Provide the vehicle description, license plate, and location.
The Emotional Toll of DUI Manslaughter Cases
Beyond the legal and financial aspects, DUI manslaughter cases take an enormous emotional toll on families. Losing a loved one suddenly and violently leaves survivors with:
- Unresolved grief – The sudden nature of these deaths makes processing the loss especially difficult
- Anger and resentment – Toward the driver, the trucking company, or even themselves
- Financial stress – Medical bills, funeral costs, and lost income can be overwhelming
- Survivor’s guilt – Family members may blame themselves for not preventing the crash
- Post-traumatic stress – Witnesses or survivors may experience flashbacks, anxiety, and depression
At Attorney911, we understand these emotional challenges. We connect families with counseling resources and support groups to help them through this difficult time.
Why You Need an Attorney After a DUI Manslaughter Crash
After a DUI manslaughter crash, insurance companies and defense attorneys will begin working immediately to protect their interests. You need someone protecting yours. Here’s why you need an attorney:
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Evidence Preservation – We send spoliation letters immediately to preserve critical evidence before it’s destroyed.
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Investigation – We conduct a thorough investigation, including:
– Obtaining police reports and accident reconstructions
– Analyzing ECM/Black Box data
– Reviewing ELD records for hours-of-service violations
– Examining maintenance records
– Interviewing witnesses -
Identifying All Liable Parties – We determine who else may share responsibility, such as:
– The trucking company
– The cargo owner
– The vehicle manufacturer
– The establishment that served alcohol -
Dealing with Insurance Companies – We handle all communications with insurance adjusters, who are trained to minimize your claim.
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Calculating Full Damages – We work with medical and financial experts to determine:
– Past and future medical expenses
– Lost income and earning capacity
– Pain and suffering
– Loss of companionship
– Punitive damages -
Negotiation and Litigation – We negotiate aggressively for a fair settlement, but we’re prepared to take your case to trial if necessary.
The Attorney911 Process for DUI Manslaughter Cases
When you contact Attorney911 after a DUI manslaughter crash, here’s what you can expect:
Phase 1: Immediate Response (0-72 Hours)
- Free initial consultation to evaluate your case
- Immediate spoliation letters to preserve evidence
- Deployment of accident reconstruction experts if needed
- Obtaining police reports and initial evidence
- Photographing the accident scene and vehicles
- Identifying all potentially liable parties
Phase 2: Investigation (Days 1-30)
- Subpoena of ECM/Black Box data
- Request for ELD records
- Obtaining the driver’s qualification file
- Review of maintenance and inspection records
- Subpoena of cell phone records
- Interviewing witnesses
- Obtaining toxicology reports
- Analyzing dispatch records
Phase 3: Expert Analysis
- Accident reconstruction to determine crash dynamics
- Medical expert analysis of injuries and future care needs
- Vocational expert assessment of lost earning capacity
- Economic expert calculation of present value of damages
- Life care planning for catastrophic injuries
- FMCSA regulation expert identification of violations
Phase 4: Litigation Strategy
- Filing lawsuit before statute of limitations expires
- Aggressive discovery against all liable parties
- Depositions of truck driver, dispatcher, safety manager
- Building case for trial while negotiating settlement
- Preparing every case as if going to trial
What to Do If You’ve Been Affected by a DUI Crash
If you or a loved one has been affected by a DUI-related crash in Wharton County, take these steps:
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Seek Medical Attention – Even if you feel fine, get checked out. Some injuries don’t show symptoms immediately.
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Document Everything – Take photos of the scene, your injuries, and any property damage.
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Don’t Give Statements – Never give recorded statements to insurance companies without consulting an attorney.
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Preserve Evidence – If a commercial vehicle was involved, demand preservation of electronic data.
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Contact Attorney911 – Call us immediately at 1-888-ATTY-911 for a free consultation. We’re available 24/7.
“In DUI manslaughter cases, the difference between justice and injustice often comes down to who acts first. The trucking company’s lawyers are already working to protect them. You need someone working just as hard to protect you.” – Ralph Manginello
The Danger of Quick Settlements
After a DUI manslaughter crash, insurance companies will often approach victims with quick settlement offers. These offers are designed to pay you far less than your case is worth. Here’s why you should never accept a quick settlement:
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You Don’t Know the Full Extent of Your Injuries – Some injuries, like traumatic brain injury or spinal damage, may not show symptoms immediately.
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You Don’t Know the Full Value of Your Case – An experienced attorney can identify damages you may not be aware of, such as future medical expenses or loss of earning capacity.
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The Insurance Company is Protecting Their Interests – Their goal is to pay you as little as possible, not to ensure you’re fairly compensated.
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You May Be Signing Away Your Rights – Once you accept a settlement, you typically can’t go back for more money, even if your injuries worsen.
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The Full Story May Not Be Known – Critical evidence, like toxicology reports or electronic data, may not be available yet.
The Role of Toxicology Reports in DUI Cases
Toxicology reports play a crucial role in DUI manslaughter cases. These reports can show:
- Blood Alcohol Concentration (BAC) – The legal limit for commercial drivers is 0.04%, half the limit for regular drivers.
- Presence of Other Substances – Even if alcohol is the primary substance, other drugs can compound impairment.
- Timing of Consumption – Some tests can estimate when alcohol was consumed.
At Attorney911, we work with toxicology experts to interpret these reports and use them as evidence in your case.
Dram Shop Liability: Holding Alcohol Servers Accountable
Under Texas dram shop laws, bars, restaurants, and other establishments can be held liable if they serve alcohol to someone who is obviously intoxicated and that person then causes a crash. To prove dram shop liability, we must show:
- The establishment served alcohol to the driver
- The driver was obviously intoxicated at the time of service
- The driver’s intoxication was a proximate cause of the crash
Dram shop cases can be complex, but they provide an additional source of compensation for victims.
The Future of DUI Prevention in Trucking
While we fight for justice for victims, we also advocate for better DUI prevention in the trucking industry. Some promising developments include:
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Ignition Interlock Devices – These devices prevent a vehicle from starting if the driver has been drinking. Some states require them for DUI offenders.
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Continuous Alcohol Monitoring – Ankle bracelets that monitor alcohol consumption 24/7.
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Advanced Driver Assistance Systems (ADAS) – Technologies like automatic emergency braking and lane departure warnings can help prevent crashes.
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Stricter Enforcement of FMCSA Regulations – Increased random testing and inspections.
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Better Training for Law Enforcement – Improved detection of impaired drivers, especially those with low BAC levels.
At Attorney911, we support these efforts while continuing to hold negligent drivers and companies accountable when they fail to protect the public.
Why Choose Attorney911 for Your DUI Manslaughter Case
When you’re facing the aftermath of a DUI manslaughter crash, you need more than just a lawyer – you need a team of advocates who will fight tirelessly for justice. Here’s why Attorney911 is the right choice:
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Proven Track Record – Ralph Manginello has recovered millions for accident victims across Texas.
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Insider Knowledge – Our team includes former insurance defense attorneys who know exactly how insurance companies evaluate and minimize claims.
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Aggressive Representation – We don’t back down from tough cases or powerful defendants.
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Compassionate Service – We treat every client like family, providing the support you need during this difficult time.
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No Fee Unless We Win – We work on contingency, so you pay nothing unless we recover compensation for you.
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24/7 Availability – We’re here when you need us, day or night.
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Local Knowledge – We know Wharton County’s roads, courts, and legal landscape.
The Time to Act Is Now
If you or a loved one has been affected by a DUI-related crash, don’t wait to seek legal help. Evidence disappears quickly, and insurance companies begin building their defense immediately. At Attorney911, we offer:
- Free initial consultation – We’ll evaluate your case at no cost
- No upfront fees – You pay nothing unless we win
- 24/7 availability – Call us anytime at 1-888-ATTY-911
- Compassionate representation – We treat you like family
“Justice delayed is justice denied. In DUI manslaughter cases, every hour counts. The evidence that could prove the driver’s impairment may be gone tomorrow. If you’ve been affected by a drunk driving crash, call us now.” – Ralph Manginello
Learn More About Your Rights
For more information about DUI accidents and your legal rights, watch these educational videos from Attorney911:
- The Victim’s Guide to 18-Wheeler Accident Injuries – Understanding your rights after a trucking accident
- Can I Sue for Being Hit by a Semi Truck? – Your legal options after a commercial vehicle crash
- The Definitive Guide To Commercial Truck Accidents – Comprehensive information about trucking accidents
- What Should You Not Say to an Insurance Adjuster? – Protecting your rights after an accident
- What to Do if Your Car Insurance Claim Is Denied – Fighting insurance company denials
Contact Attorney911 Today
If you’ve been affected by a DUI-related crash in Wharton County or anywhere in Texas, contact Attorney911 today:
📞 Call: 1-888-ATTY-911 (1-888-288-9911)
📞 Direct: (713) 528-9070
📧 Email: ralph@atty911.com
🌐 Website: https://attorney911.com
We’re available 24/7 to help you understand your rights and fight for the justice you deserve. Don’t let the trucking company’s lawyers take advantage of you – call Attorney911 now.
“At Attorney911, we don’t just handle cases – we fight for justice. When a driver chooses alcohol over safety, we make sure they’re held fully accountable. If you’ve been affected by a DUI-related crash, we’re here to help.” – Ralph Manginello
The Bottom Line: Justice for DUI Victims
DUI manslaughter cases represent some of the most preventable tragedies on our roads. When a driver chooses to get behind the wheel after drinking – especially in a commercial vehicle – they don’t just risk their own life. They put everyone on the road in danger.
At Attorney911, we believe in holding these drivers fully accountable. Through aggressive legal action, we seek:
– Full compensation for victims and their families
– Accountability for negligent drivers and companies
– Change in industry practices to prevent future tragedies
If you’ve been affected by a DUI-related crash, you don’t have to face this alone. We’re here to fight for you, every step of the way.
Call 1-888-ATTY-911 now for your free consultation. The justice your family deserves starts with one call.