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Blog | City of Shallowater

Shallowater Car & Truck Accident Attorneys | 18-Wheelers, Oilfield Trucks, Uber/Lyft | US-84, I-27, Loop 289 | Former Insurance Defense — We Know Their Playbook | $2.5M 18-Wheeler Recovery | Attorney911 — The Firm Insurers Fear | Federal Court Experience | Se Habla Español | 1-888-ATTY-911

March 23, 2026 50 min read
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Hit by a Car in Shallowater, Texas? We Know What You’re Up Against — and How to Win

If you’ve been hurt in a car accident in Shallowater, Texas, right now you’re probably scared, in pain, and overwhelmed. Maybe you’re lying in a hospital bed at Covenant Medical Center in Lubbock wondering how you’ll pay the bills. Maybe you’re at home in Shallowater with a neck that won’t stop hurting, replaying the crash on US 84 over and over. Maybe the insurance adjuster already called — sounded so friendly, so helpful — and you’re thinking about giving a recorded statement just to get this over with.

Stop. Take a breath. You’re not alone, and you don’t have to face this by yourself.

We are Attorney911 — The Manginello Law Firm. For 27+ years, Ralph Manginello has fought for injured Texans like you. We’ve recovered multi-million dollar settlements for car accident victims. We know the roads around Shallowater and Lubbock County like the back of our hand. We know the local courts, the judges, the insurance companies that operate here. And we know something most law firms can’t offer: our firm includes a former insurance defense attorney who spent years learning exactly how insurance companies devalue claims — and now he uses that insider knowledge to fight for you.

Why Shallowater Drivers Face Special Risks on Texas Roads

Shallowater might be a small city, but you’re connected to one of the most dangerous highway networks in America. In 2024, Texas saw 4,150 people killed on our roads — one every 2 hours and 7 minutes. While Lubbock County isn’t the most populous in Texas, our rural roads and high-speed highways create unique dangers. Single-vehicle run-off-road crashes killed 1,353 Texans last year — and these are 2.66 times more likely to be fatal in rural areas like around Shallowater because of higher speeds, longer EMS response times, and the lack of immediate trauma care.

The deadliest factor statewide? Failed to Drive in Single Lane caused 800 fatal crashes in 2024. On the two-lane farm-to-market roads connecting Shallowater to Lubbock, a moment of distraction — a text, a glance at the radio, fatigue after a long shift — can send a vehicle into oncoming traffic or off the road entirely. Farm-to-market roads have the highest crash rate in Texas at 121.15 per 100 million vehicle miles in rural areas.

And here’s what really keeps us up at night: pedestrian crashes are 28.8 times more likely to be fatal than car-to-car accidents. In 2024, 768 pedestrians died on Texas roads. If you or a loved one was hit while walking near Highway 84 or in a Shallowater intersection, the injuries are catastrophic, and the insurance fight is brutal.

The Insurance Company Is Not Your Friend — Here’s Their Real Playbook

The adjuster who called you so quickly? That’s not customer service. That’s Tactic #1: Quick Contact & Recorded Statement. They want to catch you while you’re medicated, confused, and vulnerable. They’ll ask leading questions: “You’re feeling better though, right?” or “It wasn’t that bad?” Every word is recorded, transcribed, and will be used against you to minimize your claim.

Tactic #2: Quick Settlement Offer — They’ll offer you $2,000-$3,500 within days or weeks. They know you’re drowning in medical bills and can’t work. What they don’t tell you is that if you accept, you sign a release that’s PERMANENT AND FINAL. Six months later when an MRI shows you need a $50,000 spinal fusion, that release means you can’t collect a penny more. We’ve seen this destroy families.

Tactic #3: “Independent” Medical Exam — After you hire a lawyer, they’ll send you to their doctor. Sounds fair, right? Wrong. These doctors are paid $2,000-$5,000 by insurance companies to produce reports that say you’re either faking or your injuries are “pre-existing.” Lupe Peña hired these same doctors for years when he worked for the defense. He knows exactly how they operate, which ones are biased, and how to challenge their reports with real medical evidence.

Tactic #4: Delay and Financial Pressure — They’ll ignore your calls, “investigate” for months, drag out the process. Why? Because they have unlimited money and time. You don’t. By month six, desperate, you might accept their lowball offer just to stop the bleeding. Lupe used this exact strategy for years. Now he knows how to force them to act by filing lawsuits and setting hard deadlines.

Tactic #5: Surveillance & Social Media Monitoring — They’ll hire private investigators to video you. They’ll monitor your Facebook, Instagram, TikTok. One photo of you bending over to pick up your child becomes “proof” you’re not injured. Lupe reviewed hundreds of surveillance videos as a defense attorney. His advice: “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.”

Tactic #6: Comparative Fault Arguments — Texas uses modified comparative negligence. If they can convince a jury you’re 51% at fault, you get nothing. Even 10% fault on a $100,000 claim costs you $10,000. Lupe spent years making these arguments for insurance companies. Now he defeats them with accident reconstruction, witness testimony, and expert analysis.

Tactic #7-9 follow the same pattern: medical authorization traps, gaps in treatment attacks, and policy limit bluffs where they claim only $30,000 is available when we’ve uncovered $3 million in coverage through umbrella policies and corporate defendants.

This is why having a former insurance defense attorney is an unfair advantage for our clients. Lupe Peña worked for a national defense firm, learning firsthand how large insurance companies value claims. He calculated settlement offers using Colossus software. He set reserves. He hired the IME doctors. He knows their playbook because he wrote it.

Now he uses that insider knowledge for you.

Every Type of Motor Vehicle Accident — and How We Win Them

Car Accidents (Tier 1) — The Foundation

Whether you were rear-ended at the intersection of Avenue Q and FM 179, sideswiped on US 84, or hit head-on by a wrong-way driver, car accidents are our core practice.

The Reality in Texas: Failed to Control Speed caused 131,978 crashes in 2024 — one every 4 minutes. Driver Inattention caused another 81,101. In Lubbock County and the Shallowater area, the combination of high-speed highways and rural roads means these crashes often cause severe injuries.

Common injuries we see:

  • Whiplash and cervical sprains (15-20% develop chronic pain)
  • Herniated discs requiring epidural injections or fusion surgery
  • Broken bones and fractures
  • Traumatic brain injuries (even “mild” concussions can have lifelong consequences)
  • Internal organ damage

Liability and who’s responsible: The at-fault driver is primary. But we look deeper. Was the driver working? Their employer is liable under respondeat superior. Was the vehicle owned by someone else? Negligent entrustment may apply. Was a bar or restaurant involved? Texas Dram Shop Act adds a $1 million+ commercial policy. Our investigation often finds 3-5 insurance policies when most lawyers find just one.

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.”

Testimonial: Donald Wilcox, who came to us after another firm rejected his case, said: “One company said they would not except my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.”

Why choose Attorney911 for your Shallowater car accident? Because Ralph Manginello has 27+ years of experience. Because we recovered millions for a client whose car accident led to amputation. Because we know the Lubbock County court system. Because we prepare every case as if it’s going to trial — and insurance companies know we’re not bluffing.

If you’ve been in a car accident in Shallowater, call 1-888-ATTY-911 now. The consultation is free, and we don’t get paid unless we win.

18-Wheeler & Commercial Truck Accidents (Tier 1) — The Deadliest Threat

If an 18-wheeler hit you near Shallowater, you’re facing the most complex and high-stakes personal injury case in Texas law.

Texas has more truck accidents than any state. In 2024, we saw 39,393 commercial vehicle accidents with 608 deaths. The 97/3 Rule is brutal: In car-vs-truck crashes, 97% of people killed are in the passenger vehicle. Car occupants are 36.5 times more likely to die.

The Deep Pocket Chain in trucking cases means we don’t just sue the driver. We sue:

  • The motor carrier/trucking company (respondeat superior + direct negligence for hiring, supervision, maintenance)
  • The freight broker (negligent selection of unsafe carriers)
  • The cargo shipper (improper loading, overweight)
  • The maintenance provider (failed inspections)
  • The vehicle/parts manufacturer (brake failures, tire blowouts)
  • The government entity (if road design contributed under TX Tort Claims Act)

Federal Court Experience Matters: Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas. Trucking cases often involve federal regulations (FMCSA) and out-of-state defendants, requiring federal jurisdiction. Most PI lawyers never set foot in federal court. Ralph does.

FMCSA Violations = Negligence Per Se: Truck drivers must follow strict Hours of Service rules (11-hour driving limit, 14-hour on-duty limit, 30-minute breaks). They must use Electronic Logging Devices (ELD) since 2017. They must pass drug tests. We subpoena these records immediately. A single HOS violation can win your case.

The $750,000 Minimum: Under federal law, interstate trucks must carry $750,000 in liability coverage — and most major carriers carry $1-5 million. We find these policies when other lawyers miss them.

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.”

Testimonial: Greg Garcia told us: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” We take the cases other firms reject or mishandle.

Evidence Preservation is Critical: ELD data deletes in 30-180 days. Dashcam footage disappears. We send preservation letters within 24 hours of being hired. We’ve seen cases won on a single logbook page showing the driver exceeded hours.

If a truck hit you in Shallowater, you need attorneys who understand federal trucking law. Call 1-888-ATTY-911. We know how to beat the trucking companies.

DUI & Drunk Driving Accidents (Tier 1) — The Most Defensible Cases

Drunk driving crashes are the least defensible cases in all of personal injury law. A DUI conviction is negligence per se — automatic liability.

Texas DUI Crisis: In 2024, 1,053 people were killed in DUI-alcohol crashes — 25.37% of all traffic deaths. That’s one death every 8.3 hours. The peak time is 2:00-2:59 AM on Sundays — right after Texas bars close at 2 AM under TABC regulations. Every single DUI crash at 2 AM involves a bar that overserved the driver.

The Maximum Recovery Stack for DUI Cases:

  1. Drunk driver’s auto policy ($30,000 minimum, often more)
  2. Texas Dram Shop Act claims against every bar/restaurant that served the driver (commercial policies of $1 million+ each)
  3. Your own UM/UIM coverage (stacked across policies)
  4. Punitive damages — If the DUI caused serious bodily injury or death, it’s a felony. Under Texas law, punitive damages caps DO NOT APPLY to felonies. The jury can award any amount, and it’s NOT dischargeable in bankruptcy.
  5. Abstract of judgment against the drunk driver’s personal assets (lasts 10 years, renewable)

Dram Shop Liability: Under Texas Alcoholic Beverage Code § 2.02, a bar is liable if they served someone who was obviously intoxicated and that over-service caused your injuries. Signs include slurred speech, bloodshot eyes, unsteady gait. We investigate TABC records, surveillance footage, and witness statements from the establishment.

Case Result: Ralph’s criminal defense victories include three DWI dismissals where he exposed police errors: improper breathalyzer maintenance, missing evidence, and video proving the client wasn’t intoxicated. This dual civil/criminal capability is unique — we handle both the injury claim AND the criminal charges.

Testimonial: Stephanie Hernandez said: “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.”

Lupe’s Insider Knowledge: When Lupe worked defense, he defended bars against dram shop claims. He knows exactly what evidence they try to hide and how to find it.

If a drunk driver hit you or someone you love in Shallowater, you have powerful legal options. Call 1-888-ATTY-911. We’ll investigate the bar that overserved them and pursue every dollar available.

Single-Vehicle & Rollover Accidents (Tier 1) — When It’s Not Your Fault

You’re driving home to Shallowater on FM 179. Suddenly your tire blows out. Or you hit a pothole the size of a sinkhole. Or a phantom vehicle forces you off the road. Your car rolls. You’re seriously injured — but it’s a “single-vehicle” crash. The insurance company says it’s your fault.

Not so fast.

Texas Data: Failed to Drive in Single Lane was the #1 fatal crash factor in Texas in 2024, causing 800 deaths. But many of these are NOT the driver’s fault. We investigate:

  • Defective road conditions (potholes, missing guardrails, shoulder drop-offs, improper signage) → Texas Tort Claims Act claim against the government entity
  • Vehicle defects (tire blowout, brake failure, steering malfunction, roof crush in rollover) → Strict product liability against the manufacturer
  • Phantom vehicle (unidentified driver who caused you to swerve) → UM/UIM claim on your own auto policy
  • Employer liability (if you were driving a company vehicle or forced to work while fatigued)

The Evidence You Must Preserve: Do NOT let your vehicle be destroyed or sold until our experts inspect it. The tire, the brake system, the EDR/black box — this evidence proves the real cause.

Testimonial: Kiimarii Yup told us: “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.” We rebuild lives after catastrophic losses.

If you were in a single-vehicle accident near Shallowater, call 1-888-ATTY-911 before you accept blame. We’ll find the real cause.

Motorcycle Accidents (Tier 2) — Fighting Bias with Facts

585 motorcyclists died in Texas in 2024 — one every day. The #1 cause? Cars turning left in front of bikes (40% of fatal motorcycle crashes). The driver claims “I didn’t see them,” but that’s not a defense — it’s negligence.

Jury Bias: Insurance defense attorneys exploit the “reckless biker” stereotype. We counter this with:

  • Your clean riding record
  • Helmets and safety gear (though not wearing one doesn’t bar recovery under Texas comparative negligence)
  • Accident reconstruction showing the car driver’s failure to yield
  • Witness testimony

The Underinsurance Crisis: Motorcycle injuries are catastrophic — TBI, spinal cord, amputations — but the at-fault driver often carries only $30,000. We aggressively pursue UM/UIM coverage from your own motorcycle and auto policies, which can be stacked for additional recovery.

Testimonial: Chad Harris said: “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” We treat every rider like family.

If you were hit on your bike near Shallowater, call 1-888-ATTY-911. We understand motorcycles and we know how to beat the bias.

Pedestrian Accidents (Tier 2) — The Hidden Coverage Most Victims Don’t Know About

You’re crossing near Shallowater’s business district. A distracted driver hits you. You’re airlifted to Covenant Medical Center in Lubbock with catastrophic injuries. The driver’s insurance offers their $30,000 policy limit — a fraction of your $500,000 in medical bills.

Here’s what most lawyers won’t tell you: Your own car insurance covers you as a pedestrian. Your Uninsured/Underinsured Motorist (UM/UIM) policy applies even if you weren’t in a vehicle. We’ve recovered $500,000+ for pedestrian clients using their own policies.

Texas Pedestrian Crisis: 768 pedestrians died in 2024. Pedestrian crashes are 28.8 times more likely to be fatal than car crashes. Hit-and-run accounts for 25% of pedestrian deaths. If the driver fled, UM coverage is your lifeline.

Dram Shop Plus: If the driver was drunk and came from a Lubbock bar, we add a dram shop claim — another $1 million+ policy.

Lupe’s Advantage: He knows how to present pedestrian UM claims because he used to deny them on behalf of insurance companies.

If you or a loved one was hit as a pedestrian in Shallowater, call 1-888-ATTY-911 immediately. We’ll investigate ALL coverage sources.

Rideshare Accidents (Tier 2) — Uber/Lyft Complexity

You’re in an Uber heading from Shallowater to Lubbock. Your driver is distracted by the app and rear-ends a truck. Who’s liable? The driver? Uber? Both?

The Three-Tier Insurance System:

  • Period 0 (Offline): Driver’s personal policy only
  • Period 1 (App on, waiting): Contingent $50K/$100K/$25K
  • Period 2-3 (Ride accepted/en route): $1,000,000 commercial policy

58% of rideshare crash victims are third parties — other drivers, pedestrians. Most don’t know the $1M policy exists. We obtain the app activity logs to prove the driver’s status at crash time.

Testimonial: Hannah Garcia said: “Mariela and Zulema have done such a fantastic job…gone above and beyond to get my case settled quickly!” Our team moves fast on complex cases.

If you were in an Uber/Lyft accident near Shallowater, call 1-888-ATTY-911. We’ll determine which insurance applies and fight for the full policy.

Delivery Truck Accidents (Tier 2) — Amazon, FedEx, UPS

The Amazon DSP driver was backing without looking in your Shallowater neighborhood. The FedEx truck changed lanes into you on US 84. These companies have deep pockets and complex liability structures.

Amazon DSP Piercing Strategy: Amazon claims their drivers are “independent contractors.” We document Amazon’s control: delivery quotas, routing software, surveillance cameras, deactivation power, uniforms. More control = stronger argument Amazon is the de facto employer = access to Amazon’s $1.7 trillion in assets.

Backing Data: “Backed Without Safety” caused 8,950 crashes statewide. Delivery trucks back up dozens of times per route. FMCSA requires backup alarms and spotters for commercial vehicles when possible.

Testimonial: Nina Graeter told us: “Highly recommend! They moved fast and handled my case very efficiently.” We understand delivery truck cases require speed before evidence disappears.

If a delivery truck hit you in Shallowater, call 1-888-ATTY-911. We’ll find every liable party.

Distracted Driving (Tier 2)

380 people died in Texas from distracted driving in 2024. 81,101 crashes involved driver inattention. Texting while driving increases crash risk by 23x. Yet Texas’s fine is only $200 — the same as a parking ticket.

The Real Cost: We represented a client hit by a driver scrolling Instagram. She suffered a traumatic brain injury. Her case settled in the millions. That $200 ticket didn’t begin to cover the damage.

Evidence is Digital: We subpoena cell phone records to prove the driver was texting at the moment of impact. This is negligence per se.

If a distracted driver hit you near Shallowater, call 1-888-ATTY-911. We’ll get the phone records that prove it.

Commercial Vehicle Accidents (Tier 2)

Any vehicle used for business — construction trucks, utility vans, service vehicles — carries higher insurance minimums and involves employer liability. If a commercial vehicle hit you in Shallowater, the driver’s employer is automatically liable under respondeat superior.

Case Result: “In a recent case, our client injured his back while lifting cargo on a ship. Our investigation revealed that he should have been assisted in this duty, and we were able to reach a significant cash settlement.” The same principle applies to cargo loading on commercial trucks.

If you were hit by a commercial vehicle, call 1-888-ATTT-911. We’ll hold the employer accountable.

Hit & Run (Tier 2)

Every 43 seconds, someone in the U.S. is involved in a hit-and-run. In Texas, penalties are severe: death = 2nd degree felony. But the driver is gone. How do you recover?

UM/UIM Coverage: Your own auto policy covers you. We also search for:

  • Surveillance footage (7-30 day window — we act IMMEDIATELY)
  • Witness statements
  • Vehicle debris (paint transfer, parts left at scene)
  • Red light cameras

Testimonial: Donald Wilcox’s case involved a driver who fled. We found him. Donald said: “I got a call to come pick up this handsome check.”

If you were the victim of a hit-and-run in Shallowater, call 1-888-ATTY-911 within days. Surveillance footage deletes fast.

Weather-Related Accidents (Tier 2)

90.3% of Texas crashes happen in clear or cloudy weather. The myth that “bad weather causes accidents” is false. Driver behavior causes accidents. Rain is actually LESS deadly per crash because drivers slow down.

But Shallowater faces unique risks: Sudden West Texas dust storms can reduce visibility to zero. High winds can flip lightweight vehicles. Icy conditions on bridges (especially overpasses on US 84) cause multi-car pileups.

Liability: Drivers have a duty to adjust speed for conditions. “I couldn’t see” is not a defense — it’s an admission you were driving too fast for conditions.

If weather contributed to your Shallowater accident, call 1-888-ATTY-911. We’ll prove the other driver failed to adjust.

Tesla/Autopilot Accidents (Tier 3) — The Future of Liability

Tesla’s “Full Self-Driving” beta has caused crashes nationwide. In August 2025, a Miami jury awarded $240+ million in the first major FSD verdict. Tesla markets Autopilot as safer, but NHTSA data shows it’s involved in 70% of reported driver-assist crashes.

Product Liability: We can argue Tesla’s marketing created overconfidence, the software had known defects, and they used over-the-air patches instead of recalls.

Federal Court Required: These cases go federal because of interstate commerce and multi-state plaintiffs. Ralph’s federal court admission is critical.

If you were in a Tesla Autopilot accident near Shallowater, call 1-888-ATTY-911. This is cutting-edge litigation.

Construction Zone Accidents (Tier 3)

215 people died in Texas work zones in 2024 — a 12% increase. Half of highway contractors reported crashes into their zones.

Liable Parties: The construction company (inadequate signage/barriers), the government entity (poor road design), and the at-fault driver.

Government Claims: 6-month notice requirement under TX Tort Claims Act. Miss it and your claim is barred forever.

If you were hurt in a construction zone near Shallowater, call 1-888-ATTY-911 immediately. Time is critical.

Bus Accidents (Tier 3)

1,110 bus accidents in Texas led the nation in 2024. School bus crashes killed 11, seriously injured 63. Government entity liability often applies, requiring the 6-month notice.

E-Scooter & E-Bike Accidents (Tier 3)

Texas e-bike law (2021) defines three classes. If an e-bike exceeds 750W motor or 28 mph, it’s NOT an “electric bicycle” — different liability rules apply. We’ve seen delivery drivers on illegal e-bikes cause serious injuries.

Bicycle Accidents (Tier 3)

78 cyclists died in Texas in 2024. Insurance argues comparative negligence aggressively. But under Texas law, you can be 49% at fault and still recover 51% of damages.

Boat & Maritime Accidents (Tier 3)

Reference our case result: “In a recent case, our client injured his back while lifting cargo on a ship. Our investigation revealed that he should have been assisted in this duty, and we were able to reach a significant cash settlement.” The Jones Act applies to maritime workers.

Texas Legal Framework: Your Rights After a Shallowater Accident

The 2-Year Statute of Limitations

You have two years from the date of accident to file a personal injury lawsuit (Texas Civil Practice & Remedies Code § 16.003). Miss this deadline and your case is barred forever. No extensions. No exceptions.

Special Rules:

  • Minors: TOLLED until age 18, then 2 years
  • Government claims: 6 MONTHS notice required (TX Tort Claims Act). Hit by a city bus? You have 180 days, not 2 years.
  • Dram shop: 2 years, but evidence disappears in days

Modified Comparative Negligence: The 51% Bar

Texas is a “modified comparative negligence” state (TX Civ. Prac. & Rem. Code § 33.001). You can recover damages only if you’re 50% or less at fault. Your recovery is reduced by your fault percentage. At 51% fault, you get zero.

Your Fault $100K Case You Receive
0% $100,000 $100,000
10% $100,000 $90,000
25% $250,000 $187,500
40% $500,000 $300,000
50% $500,000 $250,000
51% $500,000 $0

Insurance exploits this. They’ll claim you were speeding, not wearing a seatbelt, distracted. Lupe made these arguments for years. Now he defeats them with evidence.

The Stowers Doctrine: Our Nuclear Option

The Stowers Doctrine (G.A. Stowers Furniture Co. v. American Indem. Co.) is the most powerful collection tool in Texas. If we make a settlement demand within the at-fault driver’s policy limits, and the insurer unreasonably refuses, they become liable for the entire verdict — even if it exceeds policy limits by millions.

Example: Driver has $30K policy. We offer to settle your $100K medical bills for $30K. Insurance refuses. Trial verdict: $500K. Insurance must pay $500K, not $30K.

When We Use Stowers: Clear liability cases (rear-ends, DUI, red-light runners). We send the demand with medical records, bills, and a deadline. Lupe understands Stowers demands because he was on the receiving end for years. He knows when insurance MUST accept or risk catastrophic loss.

Texas Dram Shop Act: Holding Bars Accountable

Texas Alcoholic Beverage Code § 2.02 lets us sue bars and restaurants that overserve obviously intoxicated patrons. The bar’s commercial insurance policy is typically $1 million+.

Signs of obvious intoxication we prove with evidence:

  • Slurred speech
  • Bloodshot/glassy eyes
  • Unsteady gait/stumbling
  • Aggressive behavior
  • Strong alcohol odor

Safe Harbor Defense: Bars can escape liability if all servers completed TABC training and followed policies. We obtain training records to prove they didn’t.

Every 2 AM DUI crash in Texas involves a bar that closed at 2 AM per TABC. If you were hit by a drunk driver near Shallowater who came from a Lubbock bar, we investigate that bar.

Punitive Damages: The Felony Exception

Standard Cap: Greater of $200,000 OR (2x economic damages) + non-economic damages (capped at $750K for non-economic portion)

CRITICAL FELONY EXCEPTION: If the underlying act is a felony, the cap does not apply.

  • DWI causing serious bodily injury = Intoxication Assault (felony) → NO CAP
  • DWI causing death = Intoxication Manslaughter (felony) → NO CAP
  • The jury decides the amount with no limit

Punitive damages require clear and convincing evidence of:

  • Fraud (intentional misrepresentation)
  • Malice (specific intent to cause harm)
  • Gross negligence (conscious indifference to extreme risk)

Drunk driving is textbook gross negligence. The driver knew the risk, proceeded anyway, and killed or maimed someone.

Bankruptcy Protection: Punitive damages for DWI-related injuries are NOT dischargeable in bankruptcy (11 U.S.C. § 523(a)(6)). Even if the defendant files bankruptcy, the punitive judgment survives.

UM/UIM Coverage: Your Hidden Safety Net

Texas requires insurers to offer uninsured/underinsured motorist coverage. 14% of Texas drivers are uninsured — about 1 in 7. If you’re hit by one, your UM/UIM policy pays.

Critical Fact Most Don’t Know: UM/UIM covers you as a pedestrian. If a car hits you while walking in Shallowater, your auto policy covers you. This is the most underutilized fact in Texas PI law.

Stacking: In Texas, you can stack UM/UIM policies across multiple vehicles for additional coverage. We maximize this.

Lupe’s Insider Quote: “I denied UM/UIM pedestrian claims for years because victims didn’t know they had coverage. Now I make sure every client uses every policy they’re entitled to.”

Vicarious Liability & The Deep Pocket Chain

Respondeat Superior: Employers are liable for employee negligence during work scope. Trucking companies, delivery services, construction companies — we sue them all.

Negligent Entrustment: Vehicle owners who lend to incompetent drivers are liable. Parent loans car to teen with DUI history → parent is liable.

Negligent Hiring/Supervision: Employers who fail to screen, train, or monitor employees are directly liable. This is how we pierce Amazon’s “independent contractor” shield for DSP drivers.

Product Liability & Government Claims

Strict Liability: Manufacturers are liable for defective products — vehicles, tires, brakes, airbags, Teslas. No negligence required.

Texas Tort Claims Act: You can sue government entities for road defects, but 6-month notice is mandatory and damages are capped ($100K-$250K per person).

What Compensation Can You Recover After a Shallowater Accident?

Economic Damages (No Cap)

  • Medical expenses (past and future): ER, surgery, hospital, PT, medications, equipment
  • Lost wages (past and future): Income lost, reduced earning capacity
  • Property damage: Vehicle repair/replacement
  • Out-of-pocket: Transportation, home modifications, household help

Non-Economic Damages (No Cap Except Medical Malpractice)

  • Pain and suffering: Physical pain, past and future
  • Mental anguish: Anxiety, depression, PTSD, fear
  • Physical impairment: Disability, loss of function
  • Disfigurement: Scarring, visible injuries
  • Loss of consortium: Impact on marriage
  • Loss of enjoyment of life: Can’t do activities you love

Settlement Ranges (Real Numbers)

Injury Settlement Range
Soft tissue (whiplash) $15,000-$60,000
Simple fracture $35,000-$95,000
Surgical fracture $132,000-$328,000
Herniated disc (surgery) $346,000-$1,205,000
TBI (moderate-severe) $1,548,000-$9,838,000
Spinal cord/paralysis $4,770,000-$25,880,000
Amputation $1,945,000-$8,630,000
Wrongful death (adult) $1,910,000-$9,520,000

The Multiplier Method: Settlement = (Medical Expenses × Multiplier) + Lost Wages + Property Damage

  • Soft tissue: 1.5-2x
  • Moderate: 2-3x
  • Severe: 3-4x
  • Catastrophic: 4-5x+

Lupe’s Insider Advantage: Lupe ran Colossus software for years. He knows which medical codes trigger higher multipliers and how insurance algorithms undervalue injuries. He presents your records to beat the system.

Nuclear Verdicts: Why Insurance Fears Us

Texas leads the nation in nuclear verdicts ($10M+). From 2009-2023: 207 verdicts totaling $45+ billion. Auto accidents = 23.2% of these.

Recent Examples:

  • $81.7 million (car wrongful death, 2024)
  • $105 million (Amazon DSP, 2024)
  • $44.1 million (New Prime I-35 pileup, 6 deaths)
  • $37.5 million (Oncor Electric trucking)

Our BP Explosion Experience: Ralph was involved in the $2.1 billion BP Texas City Refinery explosion litigation (2005) — 15 killed, 170+ injured. We’ve taken on billion-dollar corporations. Insurance companies know we’re trial-ready.

Testimonial: Glenda Walker said: “They fought for me to get every dime I deserved.” We don’t settle cheap.

The 48-Hour Protocol: What to Do Right Now

If you were just in an accident in Shallowater, take these steps immediately:

Hour 1-6: Crisis Management

  1. Safety first: Get to safe location
  2. Call 911: Report accident, request medical
  3. Medical attention: Go to ER (Covenant Medical Center in Lubbock is Level II trauma). Adrenaline masks injuries.
  4. Document everything: Photos of ALL damage, scene, injuries, messages
  5. Exchange info: Name, phone, insurance, DL, plate, vehicle
  6. Witnesses: Get names and numbers
  7. CALL 1-888-ATTY-911 before speaking to ANY insurance company

Hour 6-24: Evidence Preservation

  1. Digital: Preserve all texts/calls/photos. Email copies to yourself.
  2. Physical: Keep damaged clothing/items. DON’T repair vehicle yet.
  3. Medical records: Request ER copies, keep discharge papers
  4. Insurance: Note calls. DO NOT give recorded statement. DO NOT sign anything. Say: “I need to speak with my attorney.”
  5. Social media: Make ALL profiles private. DON’T post about accident. Tell friends not to tag you.

Hour 24-48: Strategic Decisions

  1. Legal consultation: Call 1-888-ATTY-911 with documentation ready
  2. Insurance response: Refer all calls to us
  3. Settlement: DO NOT accept or sign anything
  4. Evidence backup: Upload to cloud, create written timeline while memory is fresh

Evidence Deterioration Timeline

Time What You Lose
Day 7-30 Surveillance footage DELETED (gas stations 7-14 days, retail 30 days, Ring doorbells 30-60 days)
Month 2-6 ELD/black box data deleted (30-180 days), cell phone records harder to obtain
Month 6-12 Witnesses move, memories fade, treatment gaps used against you
Month 12-24 Approaching SOL, financial desperation makes you vulnerable

Why Attorney911 Moves Fast: Within 24 hours of hiring us, we send preservation letters to all parties, legally requiring them to preserve evidence before deletion. We obtain:

  • ELD data from trucks
  • Dashcam footage
  • Cell phone records
  • Maintenance logs
  • App activity logs (Uber/Lyft)
  • Surveillance video

Why Shallowater Chooses Attorney911

Ralph Manginello: 27+ Years of Texas Justice

  • Licensed in Texas since 1998 (Bar Card #24007597)
  • Federal court admission: U.S. District Court, Southern District of Texas
  • Dual state licensing: Texas + New York
  • HCCLA member: Handles both civil injury AND criminal charges (DWI accidents)
  • Million Dollar Member: Trial Lawyers Achievement Association (requires $1M+ verdict)
  • Pro Bono College: State Bar of Texas (donates legal services)
  • BP Explosion Litigation: One of few firms involved in the $2.1B case (15 killed, 170+ injured)
  • $10M Active Case: Filed November 2025 against University of Houston/Pi Kappa Phi fraternity (hazing death) — covered by 6+ Houston news outlets

Personal Connection: Ralph grew up in Houston’s Memorial area, played starting point guard on a championship prep school team, and has three children. He understands what it means to protect a family.

Lupe Peña: Your Inside Advantage

  • 13+ years licensed (Bar Card #24084332)
  • Former insurance defense attorney at a national firm
  • Fluent Spanish (Sugar Land native, 3rd generation Texan with King Ranch roots)
  • Federal court admission: Southern District of Texas
  • Practice areas: Personal injury, trucking, dram shop, wrongful death

The Nuclear Advantage: Lupe calculated claim values, set reserves, hired IME doctors, and deployed delay tactics for years. Now he uses that classified intelligence FOR victims. He knows:

  • Which doctors insurance favors
  • How Colossus software undervalues injuries
  • Reserve psychology and settlement authority structures
  • How to increase reserves by preparing for trial
  • The exact medical documentation that beats their algorithms

What Lupe Says: “I reviewed hundreds of surveillance videos as defense attorney. Insurance takes innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of struggling before and after.”

Our Multi-Million Dollar Results (Real Cases)

  1. Logging Brain Injury: “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”
  2. Car Accident Amputation: “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”
  3. Trucking Wrongful Death: “We helped numerous families facing trucking-related wrongful death cases recover millions”
  4. Maritime Back Injury: “Our investigation revealed he should have been assisted in this duty, and we reached a significant cash settlement”
  5. BP Texas City Explosion: “Our firm is one of the few firms in Texas to be involved in BP explosion litigation” ($2.1B total case)
  6. DWI Dismissals: Three separate DWI cases dismissed due to police errors (breathalyzer maintenance, missing evidence, video proof of sobriety)
  7. Drug Charges Deferred: Arranged deferred adjudication for client facing 5-99 years — charges dismissed after court compliance
  8. $10M UH Hazing Lawsuit: Active litigation (November 2025) showing we take on major institutions

Every case result includes the required disclaimer: Every case is unique, and past results do not guarantee future outcomes.

What Our Clients Say (Real Names, Real Reviews)

On Communication & Care:

  • “Leonor was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.” — Brian Butchee
  • “When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” — Stephanie Hernandez
  • “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” — Chad Harris
  • “They went above and beyond! Special thank you to Ralph and Leanor.” — Diane Smith
  • “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined throughout the 19 months.” — Jamin Marroquin

On Speed & Results:

  • “One company said they would not except my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.” — Donald Wilcox
  • “Leonor is the best!!! She was able to assist me with my case within 6 months.” — Tymesha Galloway
  • “Leonor got me into the doctor the same day…it only took 6 months amazing.” — Chavodrian Miles
  • “I was rear-ended and the team got right to work…I also got a very nice settlement.” — MONGO SLADE
  • “They moved fast and handled my case very efficiently.” — Nina Graeter

On Taking Cases Others Rejected:

  • “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” — Greg Garcia
  • “They took over my case from another lawyer and got to working on my case.” — CON3531

On Spanish Services:

  • “The support provided at Manginello Law Firm was excellent…They worked hard to do their best.” — Maria Ramirez (translated)
  • “Especially Miss Zulema, who is always very kind and always translates.” — Celia Dominguez

On Ralph’s Personal Involvement:

  • “Attorney Manginello is so knowledgeable but straight to the point…responded quickly even while he was away.” — S M
  • “Ralph has kept me up to date on the case, checked in on me.” — Manraj
  • “Ralph is an AMAZING ATTORNEY…He gets the JOB DONE RIGHT!!!!” — Cassie Wright

Bilingual Services: Hablamos Español

Lubbock County’s Hispanic community deserves representation without language barriers. Luque Peña is fluent in Spanish. Our staff includes Zulema and Mariela, praised by Spanish-speaking clients for translation services.

If Spanish is your primary language, call 1-888-ATTY-911. We will ensure you understand every step.

290+ Educational Videos & Podcast

Ralph publishes educational content so victims understand their rights:

Attorney 911 The Podcast: Real-world cases and practical tips on Apple Podcasts at https://podcasts.apple.com/bj/podcast/attorney-911/id1773141988

Comprehensive FAQ for Shallowater Accident Victims

Q: What should I do immediately after a car accident in Shallowater, Texas?
A: Get to safety, call 911, seek medical attention (even if you feel okay — adrenaline masks injuries), document everything with photos, exchange information, get witness contacts, and call 1-888-ATTY-911 before speaking to any insurance company. Do NOT give a recorded statement.

Q: Should I accept a quick settlement offer from insurance?
A: Absolutely not. Insurance companies offer $2,000-$3,500 within days while you’re desperate. Once you sign the release, it’s PERMANENT AND FINAL. If you later need surgery costing $50,000, you cannot collect another penny. We recommend waiting until you reach Maximum Medical Improvement. Lupe knows these offers are 10-20% of true value.

Q: How much time do I have to file a lawsuit in Texas?
A: Two years from the accident date (Texas Civil Practice & Remedies Code § 16.003). If you miss this deadline, your case is barred forever. Government claims have a 6-month notice requirement. If a city vehicle hit you in Shallowater, you have 180 days. Call 1-888-ATTY-911 immediately.

Q: What if I was partially at fault for the accident?
A: Texas uses modified comparative negligence. You can recover if you’re 50% or less at fault, but your award is reduced. 10% fault on $100,000 = $10,000 less. At 51% fault, you get nothing. Insurance exploits this. Lupe spent years making comparative fault arguments — now he defeats them with evidence.

Q: What is the Stowers Doctrine and how does it help me?
A: Stowers lets us demand the at-fault driver’s full policy limits. If insurance unreasonably refuses and we win more at trial, they must pay the entire verdict — even if it’s 10x the policy. This is our nuclear option for clear-liability cases (rear-ends, DUI, red-light runners). Luue used to receive Stowers demands; now he writes them.

Q: Can I sue the bar that served the drunk driver who hit me?
A: Yes. Under the Texas Dram Shop Act (TABC § 2.02), bars are liable for overserving obviously intoxicated patrons. We investigate TABC records, surveillance, and witnesses. Each commercial policy is typically $1 million+. This is a MASSIVE competitive gap most firms miss.

Q: Does my car insurance cover me if I was hit as a pedestrian?
A: YES. Your Uninsured/Underinsured Motorist (UM/UIM) policy covers you as a pedestrian. This is the most underutilized fact in Texas PI law. We’ve recovered $500,000+ for pedestrian clients using their own policies. Lupe used to deny these claims; now he wins them.

Q: What is my case worth?
A: Every case is unique. Settlement depends on:

  • Injury severity
  • Medical costs (past and future)
  • Lost wages and earning capacity
  • Pain and suffering
  • Clear liability vs. disputed fault
  • Insurance policy limits

We evaluate all factors during your free consultation. Our multi-million dollar results show we maximize value.

Q: How much do car accident lawyers cost?
A: Contingency fee: We don’t get paid unless we win. Typically 33.33% if settled before trial, 40% if trial. You may still be responsible for court costs and case expenses, but we advance these. If we don’t win, you owe us nothing.

Q: Who will actually handle my case?
A: Ralph Manginello is your lead attorney. You’ll also work with dedicated case managers like Leonor, who clients consistently praise: “Leonor got me into the doctor the same day…it only took 6 months amazing.” — Chavodrian Miles

Q: What if I already hired another attorney but I’m unhappy?
A: You can switch attorneys anytime. We’ve taken over many cases from other firms. 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.” CON3531 added: “They took over my case from another lawyer and got to working on my case.” Call 1-888-ATTY-911 for a case review.

Q: Should I post about my accident on social media?
A: NO. Insurance monitors everything. One photo of you bending over becomes “proof” you’re not injured. 7 Rules:

  1. Make profiles private
  2. Don’t post about accident/injuries
  3. No check-ins at activities
  4. Tell friends not to tag you
  5. Don’t accept strangers
  6. Best: stay off social media entirely
  7. Assume EVERYTHING is monitored

Lupe reviewed hundreds of surveillance videos and social media posts as defense attorney. He knows how insurance twists innocent posts.

Q: What if the other driver is uninsured?
A: 14% of Texas drivers are uninsured. We file a UM/UIM claim on your own policy. We also investigate:

  • Did the driver borrow the car? (owner’s insurance)
  • Was driver working? (employer’s insurance)
  • Dram shop claim if DUI? (bar’s insurance)
  • Stowers demand to force settlement

Q: How is pain and suffering calculated?
A: Multiplier method: Medical expenses × multiplier (1.5-5x depending on severity) + lost wages. Insurance uses Colossus software to undervalue. Lupe knows how to present records to beat the algorithm.

Q: What if I have a pre-existing condition?
A: You’re still entitled to compensation. The “eggshell plaintiff” doctrine says defendants take victims as they find them. If the accident worsened your pre-existing condition, you recover for the worsening. Insurance will claim “degenerative changes” — we fight back with medical experts.

Q: Can undocumented immigrants file claims?
A: YES. Immigration status does not bar you from filing a personal injury claim. We’ve represented many undocumented clients and obtained significant recoveries. We also handle immigration issues related to your case (see our YouTube immigration series).

Q: What if the other driver fled (hit and run)?
A: Call 1-888-ATTY-911 within 7 days. We search for surveillance footage (deleted in 7-30 days), witnesses, vehicle debris. We file UM claim on your policy. Don’t give up.

Q: What if I was a passenger in the at-fault vehicle?
A: You can file a claim against the driver’s insurance. This is awkward but legally valid. We’ve handled many passenger claims with sensitivity.

Q: How long will my case take?
A: Soft tissue: 3-6 months. Surgery cases: 6-18 months. Complex trucking/wrongful death: 1-3 years. We move fast but won’t settle before you reach Maximum Medical Improvement.

Q: Will my case go to trial?
A: 95% of cases settle. We prepare every case as if it’s going to trial. Insurance knows we’re trial-ready, which increases settlement value. Ralph has federal court experience and BP explosion trial work.

Q: What are common mistakes that hurt cases?
A:

  • Giving recorded statements
  • Accepting quick settlement
  • Posting on social media
  • Gaps in medical treatment
  • Not hiring lawyer fast enough (evidence disappears)
  • Signing broad medical authorizations
  • Talking to insurance without attorney

Q: Can I switch attorneys if I’m unhappy with my current one?
A: Absolutely. Greg Garcia and CON3531 both switched to us after other firms dropped their cases. We’ll review your case for free and take over if we can help.

Q: What if the accident happened on a farm-to-market road near Shallowater?
A: Farm-to-market roads have the highest crash rate in Texas (121.15 per 100M VMT in rural areas). Single-vehicle crashes caused 800 deaths in 2024. We investigate road defects, vehicle defects, and phantom vehicles. Call 1-888-ATTY-911.

Q: What if I was hit by a delivery truck (Amazon, FedEx, UPS)?
A: We sue the driver, the DSP/contractor, and the corporate entity (Amazon/FedEx/UPS). We document corporate control to pierce the “independent contractor” shield. Amazon DSP cases have settled for $16.2M and $105M in recent verdicts.

Q: What if my child was injured in a school bus accident?
A: School districts are government entities. 6-month notice requirement applies. We handle these with urgency. In 2023, Texas had 2,523 school bus crashes with 11 deaths and 63 serious injuries.

Q: What if the accident happened during a dust storm?
A: Drivers have a duty to slow down or stop when visibility is zero. “I couldn’t see” is an admission of negligence. We prove they should have pulled over.

Q: What if I was hit by an 18-wheeler on US 84?
A: Federal regulations apply. We subpoena ELD data (30-180 day window), driver logs, maintenance records, drug tests. The trucking company is liable under respondeat superior. Coverage minimums are $750K-$5M+. Call 1-888-ATTY-911 within days.

Q: Do you really answer 24/7?
A: Yes. Our Houston office has live staff 24/7, not an answering service. When you call 1-888-ATTY-911, someone answers.

Q: Why should I choose Attorney911 over a big national firm?
A: Local knowledge + national resources. Ralph knows Texas courts. Lupe knows insurance tactics from inside. We’re not a settlement mill — we’re trial lawyers who prepare every case for court. That gets you maximum value. Plus, you’ll work with real people like Leonor, who clients call “the best” and “amazing.”

Q: What should I bring to my free consultation?
A:

  • Accident report
  • Medical records/discharge papers
  • Photos of damage/injuries
  • Insurance information
  • Contact info for witnesses
  • Any correspondence from insurance

We’ll review everything and give you a clear strategy. The consultation is free, confidential, and no-obligation.

Q: How do I know if I have a good case?
A: Three elements:

  1. Liability: Someone else was at fault
  2. Damages: You have injuries/medical bills
  3. Coverage: There’s an insurance policy or asset to collect from

We evaluate all three for free. Even if liability is disputed, we take on tough cases. 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.”

Q: What if the insurance company says my injuries are “pre-existing”?
A: Eggshell plaintiff rule: They take you as they find you. If the accident worsened a pre-existing condition, you recover for the worsening. We fight back with medical experts who prove causation.

Q: What if I was hit by a government vehicle (city, county, state)?
A: 6-month notice requirement under Texas Tort Claims Act. Damages capped at $100K-$250K per person. These are complex. Call 1-888-ATTY-911 immediately — waiting even 7 months bars your claim forever.

Q: Can I file a claim if I wasn’t wearing a seatbelt?
A: Yes. Not wearing a seatbelt doesn’t bar recovery. Under comparative negligence, it may reduce your award, but only by the percentage of fault assigned. In many cases, this is minimal.

Q: What if the at-fault driver died in the crash?
A: You can file a claim against their estate. The estate’s assets and insurance are still liable. We handle these sensitive cases regularly.

Serving Shallowater and All of Texas

Attorney911 serves clients throughout Texas from our Houston, Austin, and Beaumont offices. For Shallowater families, we offer:

  • Remote consultations via phone/video
  • Travel to Lubbock County for depositions and meetings
  • Local knowledge of Shallowater roads, courts, and hospitals
  • Aggressive representation against national insurance companies

Our Houston Office (Primary): 1177 West Loop S, Suite 1600, Houston, TX 77027. 24/7 live staff (not an answering service).

** Counties We Serve **: Harris, Montgomery, Fort Bend, Brazoria, Galveston, Travis, Williamson, Hays, Bastrop, Jefferson, Orange, Hardin, and ** all 254 Texas counties ** including ** Lubbock County **.

** Hablamos Español. ** Luque Peña, Zulema, and Mariela provide full Spanish-language services for Shallowater’s Hispanic community.

The Attorney911 Guarantee

  • ** Free consultation ** — no obligation
  • ** No fee unless we win ** — we advance all costs
  • ** 27+ years of experience ** — Ralph Manginello’s track record
  • ** Former insurance defense attorney ** — Lupe’s insider advantage
  • ** Multi-million dollar results ** — proven in court
  • ** Trial ready ** — we prepare every case as if it’s going to trial
  • ** Personal attention ** — you’re not “just another case”
  • ** 24/7 availability ** — 1-888-ATTY-911

** Testimonial that says it all:** Ernest Cano said: “Mr. Maginello and his firm are first class. Will fight tooth and nail for you.”

Call Now — Evidence Is Disappearing

Every day you wait:

  • Surveillance footage deletes (7-30 days)
  • Witness memories fade
  • ELD/black box data overwrites (30-180 days)
  • Insurance builds their case against you
  • 2-year statute of limitations ticks down

The insurance company is not waiting. Neither should you.

If you’ve been injured in any motor vehicle accident in Shallowater, Texas — car crash, 18-wheeler wreck, drunk driving collision, motorcycle accident, pedestrian hit, rideshare crash, delivery truck incident, or any other type of MVA — we have the data, the experience, and the insider knowledge to win your case.

Call 1-888-ATTY-911 (1-888-288-9911) now. Free consultation. No fee unless we win. Hablamos Español.

Attorney911 — The Manginello Law Firm
Legal Emergency Lawyers™

Principal Office: Houston, Texas. Ralph Manginello, Managing Partner. Lupe Peña, Associate Attorney.

Disclaimer: The information on this page is for educational purposes and does not constitute legal advice. Every case is unique. Past results do not guarantee future outcomes. Texas law requires we state that you may still be responsible for court costs and case expenses. For legal advice specific to your Shallowater accident, call 1-888-ATTY-911 for a free consultation.

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