Navigating a Car Accident in Ellis County? Your Emergency Legal Guide
Being involved in a car accident in Ellis County can instantly turn life upside down. One moment, you’re driving along I-35E, or handling daily errands in Waxahachie or Midlothian, and the next, you’re facing painful injuries, vehicle damage, mounting medical bills, and confusing calls from insurance adjusters. We understand the fear, the frustration, and the overwhelming uncertainty that follows such an event. At Attorney911, a trade name of The Manginello Law Firm, PLLC, our priority is to stand by Ellis County residents during these challenging times, providing clarity, strength, and aggressive legal advocacy.
For over 25 years, our founder, Ralph Manginello, has been a tireless advocate for accident victims across Texas. What truly sets our firm apart is our strategic depth, exemplified by attorneys like Lupe Peña, who previously worked for a national defense firm. This insider knowledge of how large insurance companies operate—how they value claims, deploy tactics, and seek to minimize payouts—is now your distinct advantage. We know their playbook because Lupe used to run it. Now, we use that intelligence to fight FOR you, ensuring Ellis County Texans receive the justice and compensation they deserve.
In Texas, a motor vehicle crash occurs every 57 seconds, and someone is injured every 2 minutes and 5 seconds. These aren’t just statistics; they represent lives disrupted, families impacted, and futures altered right here in Ellis County. If you or a loved one has been hurt in a car accident near Waxahachie Lake, on US-287, or simply on a local street, don’t face the powerful insurance companies alone. Call us immediately at 1-888-ATTY-911. Your initial consultation is free, and we don’t get paid unless we win your case.
Your First 48 Hours After an Ellis County Car Accident: A Critical Checklist
The moments immediately following a car accident in Ellis County are critical, not just for your health, but for the strength of your future legal claim. Evidence can disappear quickly, and your actions, or inactions, can significantly impact your ability to recover fair compensation. We’re here to guide you through this urgent period.
Hour 1-6: Immediate Crisis Response
When the unexpected happens on an Ellis County road, prioritize these steps:
- Safety First: If possible and safe, move your vehicle to the side of the road or a nearby parking lot, away from active traffic. Turn on your hazard lights.
- Call 911: Always report the accident to the authorities. Request emergency medical services if anyone is injured, even if injuries seem minor. The police report is a vital piece of evidence.
- Seek Medical Attention: Do not delay medical evaluation. Adrenaline can mask pain, and many serious injuries, like traumatic brain injuries or internal bleeding, may not present symptoms immediately. Get to a Waxahachie, Midlothian, or Ennis emergency room.
- Document Everything on Scene:
- Photos & Videos: Use your smartphone to take comprehensive photos and videos. Capture all vehicle damage (from multiple angles, close-up and far away), the accident scene (road conditions, traffic signals, skid marks, debris), and any visible injuries you or your passengers sustained.
- Exchange Information: Obtain the other driver’s name, phone number, address, insurance company and policy number, driver’s license number, and vehicle make, model, color, and license plate number.
- Witness Information: Get names and phone numbers of any witnesses who saw the accident. Ask what they observed and, if they’re willing, record a brief video statement on your phone.
- Call Attorney911: Before speaking to any insurance company, call us at 1-888-ATTY-911 for immediate legal guidance.
Hour 6-24: Preserving Crucial Evidence
As soon as the immediate crisis subsides, preserving critical information becomes paramount.
- Digital Preservation: Save all texts, calls, photos, and videos related to the accident. Do not delete anything from your phone. Screenshot any visible messages or communication. Email copies to yourself or a trusted friend for backup.
- Physical Evidence: Carefully secure any damaged clothing, eyeglasses, or other personal items from the crash. Keep all receipts for expenses such as towing, rental cars, or over-the-counter medications. Do not repair your vehicle yet; physical damage is vital evidence.
- Medical Records: If you visited an emergency room or Waxahachie hospital, request copies of all discharge papers and records. Schedule a follow-up with your primary care physician in Ellis County within 24-48 hours.
- Insurance Communications: Expect calls from insurance adjusters. Note any contact attempts. Crucially, do NOT give recorded statements, sign any documents, or accept any settlement offers without first consulting with your attorney. If pressured, simply state, “I need to speak with my attorney first.”
- Social Media: Immediately set all your social media profiles to private. Refrain from posting any details about the accident, your injuries, or your activities. Advise friends and family not to tag you in posts or comment on your situation. Insurance companies actively monitor social media for information they can use to minimize your claim.
Hour 24-48: Making Strategic Legal Decisions
Within two days of your Ellis County car accident, critical decisions must be made to protect your rights.
- Legal Consultation: If you haven’t already, schedule a comprehensive legal consultation. Attorney911 offers free evaluations. Have your collected documentation ready.
- Refer Insurance Calls to Us: Once you retain Attorney911, we handle all communications with insurance companies on your behalf. You can focus on your recovery.
- Decline Early Settlement Offers: Early offers are almost always lowball attempts. You cannot know the true extent and cost of your injuries and recovery this early. Signing a release will waive your rights to future compensation, even if your injuries prove more severe than initially thought.
Why Attorney911 Moves Fast: The Evidence Deterioration Timeline
Every day that passes after an Ellis County car accident, critical evidence disappears or degrades. This is not fear-mongering; it’s a harsh reality that insurance companies count on.
- Day 1-7: Witness memories are freshest but begin fading immediately. Physical evidence like skid marks and debris are cleared from the scene within hours or days.
- Day 7-30: Crucially, surveillance footage from businesses along Main Street in Waxahachie or nearby roadways is typically deleted within 7 to 30 days. Once gone, it’s irretrievable.
- Month 1-2: If involved in an 18-wheeler accident on I-35E, electronic logging device (ELD) data and black box information can be overwritten within 30 to 180 days. Insurance companies solidify their defense position against you.
- Month 2-6: Vehicle repairs destroy physical evidence of damage. Witness contact information may become outdated as people move or change jobs.
- Month 6-12: Gaps in your medical treatment are used by insurance companies to argue your injuries weren’t serious.
- Month 12-24: You approach the two-year statute of limitations in Texas, putting immense pressure on you to settle, often for less than your case is worth.
Within 24 hours of retainer, Attorney911 sends preservation letters to all relevant parties—trucking companies, businesses, governmental entities, and insurance carriers—legally requiring them to retain crucial evidence before it’s deleted. We immediately begin our investigation, canvassing the accident scene, ordering reports, and securing medical documentation. Delaying only helps the insurance company.
Call Attorney911 NOW: 1-888-ATTY-911. Don’t let valuable evidence disappear.
Understanding Car Accident Laws in Ellis County, Texas
While every car accident is unique, the legal framework governing personal injury claims in Ellis County and across Texas remains consistent. Understanding these laws is crucial for protecting your rights after a crash.
The Texas Statute of Limitations: Time is Critical
Texas Civil Practice & Remedies Code § 16.003 sets strict deadlines for filing personal injury claims. For most car accident victims in Ellis County:
- Personal Injury: You have 2 years from the date of the accident to file a lawsuit.
- Wrongful Death: If a loved one passes away due to the accident, their family has 2 years from the date of death to file a wrongful death claim.
- Property Damage: Claims for vehicle damage also fall under the 2-year limit.
Missing this deadline means your case will almost certainly be barred forever, regardless of how strong your claim might be. There are very limited exceptions, such as for minors (where the clock typically starts when they turn 18) or in cases where the injury or its cause could not reasonably have been discovered immediately (the “discovery rule”). However, these exceptions are rare and complex.
Because valuable evidence disappears quickly and insurance companies want to settle before you know the full extent of your injuries, contacting Attorney911 immediately after your Ellis County accident is essential.
Texas Comparative Negligence: The 51% Bar Rule
Texas follows a modified comparative negligence rule with a 51% bar. This means that if you are found to be 50% or less at fault for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault. However, if you are deemed 51% or more at fault, you cannot recover any damages.
Consider these examples for a $100,000 case:
- 0% Fault: You recover $100,000.
- 10% Fault: You recover $90,000.
- 50% Fault: You recover $50,000.
- 51% Fault: You recover $0.
Insurance companies operating in Ellis County will aggressively try to assign as much fault as possible to you to reduce or eliminate their payout. Even small percentages can drastically reduce your compensation. Our attorney, Lupe Peña, utilizes his years of experience working for defense firms to skillfully counter these tactics and protect your right to maximum recovery.
Texas Minimum Auto Insurance Coverage (30/60/25)
By law, all drivers in Texas must carry minimum liability insurance coverage:
- $30,000 for bodily injury per person
- $60,000 for total bodily injury per accident
- $25,000 for property damage per accident
Unfortunately, these minimums are often insufficient for serious injuries or extensive vehicle damage, especially in multi-vehicle collisions on busy Ellis County highways like I-45. Uninsured or underinsured motorists are a serious concern in Texas, where approximately 1 in 7 drivers lack insurance. If the at-fault driver is uninsured or their limits are too low, your own Underinsured/Uninsured Motorist (UM/UIM) coverage becomes crucial. UM/UIM can compensate you for medical bills, lost wages, and pain and suffering when the other driver can’t. Learn more in our video “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8.
Federal Courts in Texas (Southern, Western, Northern, Eastern Districts)
Some complex motor vehicle accident cases, particularly those involving commercial trucks, out-of-state defendants, or product liability, may be heard in federal court. Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas, and our firm has extensive experience handling cases in federal venues across the state. This federal court capability is a distinct advantage, as it signifies our ability to handle complex litigation against large corporations and across state lines, a skill many local firms in Ellis County may not possess.
Motor Vehicle Accident Types We Handle in Ellis County
The Manginello Law Firm, PLLC, handles the full spectrum of motor vehicle accidents that can occur throughout Ellis County, from the bustling highway corridors to quiet residential streets. Our deep experience, coupled with an insider’s understanding of insurance tactics, positions us to achieve maximum recovery for our clients, regardless of the complexity of their case.
Car Accidents: The Most Common Crash in Ellis County
Car accidents are unfortunately a routine occurrence in Ellis County, impacting individual lives and families daily. Whether it’s a minor fender-bender on North Main Street in Waxahachie or a high-speed collision on I-35E near Midlothian, the consequences can range from inconvenient vehicle damage to devastating, life-altering injuries.
Texas Department of Transportation (TxDOT) statistics reveal the sheer volume of these incidents: in 2024, 251,977 people were injured in Texas motor vehicle crashes, occurring at a rate of one crash every 57 seconds. Someone is injured every 2 minutes and 5 seconds – these are not just numbers, but a stark reality for communities like Waxahachie, Ennis, and Midlothian. Common causes we see in Ellis County include distracted driving (contributing to 380 deaths statewide in 2024), speeding, failure to yield, and unsafe lane changes.
Common injuries from car accidents include whiplash and other soft tissue damage, herniated discs, broken bones, traumatic brain injuries (TBI), and spinal cord damage. Even seemingly minor impacts can lead to severe, long-term health issues and significant medical expenses.
Insurance companies often try to minimize the severity of car accident injuries, especially those affecting the back or neck. They’ll argue that your pain is due to a pre-existing condition or that you simply aren’t injured as badly as you claim. This is where our insider knowledge, particularly from Lupe Peña’s background working for defense firms, becomes invaluable. We know how they attempt to devalue claims and how to strategically present your medical evidence to maximize your compensation.
We’ve seen firsthand how victims are profoundly impacted. In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. We fought tirelessly against efforts to minimize the claim, and this case settled in the millions. This demonstrates our commitment to fighting for serious compensation when injuries are severe.
Clients often praise our dedication and consistent communication during these trying times. As Mongo Slade shared, “I was rear-ended and the team got right to work…I also got a very nice settlement.” We handle the legal complexities so you can focus on healing. If you’ve been injured in a car accident in Ellis County, particularly in a rear-end collision or other common incidents, we’re ready to put our experience to work for you. Kiimarii Yup also reflects on our firm’s impact: “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.”
If you or a loved one have been affected by a car accident in Ellis County, don’t face the complicated legal and insurance systems alone. Call 1-888-ATTY-911 for a free consultation. We work on a contingency fee basis, which means we don’t get paid unless we win your case.
18-Wheeler & Truck Accidents: Combating Corporate Giants on Ellis County’s Roads
Ellis County is a critical juncture for interstate commerce, with major thoroughfares like I-35E seeing a constant flow of large commercial trucks. While essential for our economy, collisions involving 18-wheelers, semi-trucks, and other commercial vehicles are disproportionately devastating. An 80,000-pound truck colliding with a 4,000-pound passenger car rarely ends well for the smaller vehicle’s occupants.
TxDOT records 39,393 commercial motor vehicle crashes in Texas in 2024, resulting in 608 fatalities and 1,601 serious injuries. Texas alone accounts for an alarming 11% of all fatal truck crashes nationwide. These aren’t minor fender-benders; they are often catastrophic events resulting in life-altering injuries such as traumatic brain injuries, spinal cord damage, amputations, and wrongful death.
Trucking accidents are inherently complex, governed by stringent federal regulations (FMCSA) in addition to state laws. These regulations cover everything from Hours of Service (HOS) rules, dictating how long a driver can be on the road, to mandatory Electronic Logging Devices (ELDs), driver qualifications, and drug testing protocols. A violation of these federal rules can often establish “negligence per se,” significantly strengthening a victim’s case.
Unlike standard car accidents, truck accident cases frequently involve multiple liable parties: the truck driver, the trucking company (for negligent hiring, training, or maintenance), the cargo loader, or even the manufacturer of defective truck parts. Each of these entities likely has its own large insurance policy, often with limits of $1,000,000 or more, making these cases high-stakes battles.
Our firm’s capability to handle complex litigation against massive corporations is well-established. Ralph Manginello’s admission to the U.S. District Court, Southern District of Texas, means we can effectively litigate cases in federal court where many FMCSA-related claims are heard. Our involvement in the BP explosion litigation further underscores our ability to take on billion-dollar entities and win. 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.
Testimonials attest to our firm’s commitment to securing substantial compensation. Donald Wilcox shared, “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.” Insurance companies fear “nuclear verdicts”—jury awards exceeding $10 million—and our track record, along with the threat of federal litigation, gives us significant leverage. Recent Texas nuclear verdicts include a $44.1 million verdict for the I-35 pileup due to trucking negligence and a $37.5 million verdict against Oncor Electric for a distracted truck driver.
Crucial evidence in trucking cases, such as ELD data and black box recordings, can be automatically overwritten or destroyed if not secured promptly. This data is often held for between 30 to 180 days. This urgency makes immediate legal action essential. If you or a loved one has suffered catastrophic injuries in an 18-wheeler accident in Ellis County, especially on I-35E, US-287, or SH-34, time is of the essence. Call 1-888-ATTY-911 right away.
Drunk Driving Accidents: Holding Reckless Drivers and Establishments Accountable in Ellis County
Drunk driving remains one of the most reckless and preventable causes of severe injuries and fatalities on Ellis County roads. While the legal limit for Blood Alcohol Content (BAC) is 0.08% in Texas, even a lower amount can impair a driver, leading to devastating consequences.
The statistics are sobering: in 2024, Texas reported 1,053 alcohol-impaired driving deaths, constituting over a quarter of all traffic fatalities. Across the state, there were over 24,000 DWI-related crashes in 2023. These tragic incidents are 100% preventable, yet they continue to shatter lives in communities like Waxahachie, Midlothian, and Ennis.
Beyond holding the drunk driver personally liable, Texas law provides an additional avenue for justice: Dram Shop Liability. Under Texas Alcoholic Beverage Code § 2.02, bars, restaurants, liquor stores, and other establishments that serve alcohol can be held responsible if they served an obviously intoxicated patron who then caused an accident. Signs of obvious intoxication include slurred speech, bloodshot eyes, stumbling, impaired coordination, or aggressive behavior. Lupe Peña’s past experience as a defense attorney included handling cases involving establishments and their duty of care, giving us unique insights into proving dram shop claims.
Dram shop claims often open the door to additional avenues of compensation, including punitive damages. Because drunk driving demonstrates a conscious disregard for the safety of others, juries can award punitive damages to punish the at-fault party and deter similar egregious conduct in the future.
Our firm’s capabilities extend to both the civil claims that seek compensation for your injuries and the criminal defense aspects that may arise. Ralph Manginello’s membership in the HCCLA (Harris County Criminal Lawyers Association) reflects our deep understanding of the criminal justice system. We have a proven track record, including multiple DWI dismissals, such as a case where charges were dismissed after we revealed a police department employee was improperly maintaining breathalyzer machines, and another where missing evidence led to dismissal. Our ability to skillfully investigate and litigate every angle, including dram shop liability, maximizes your chances of a full recovery.
If you or a loved one has been injured by a drunk driver in Ellis County, call 1-888-ATTY-911. We are committed to holding all responsible parties accountable.
Motorcycle Accidents: Fighting Bias on Ellis County Roads
Riding a motorcycle through the scenic routes of Ellis County can be exhilarating, but it also carries significant risks. Motorcyclists often face inherent biases from other drivers and, unfortunately, from insurance companies, who too often try to place blame on the rider.
In 2024, Texas reported 585 motorcyclist fatalities. An alarming 37% of these victims were not wearing helmets. While Texas law allows riders over 21 to forego helmets if they complete a safety course or have $10,000+ medical insurance, helmets remain a critical safety measure, reducing the risk of death by 37% and head injury by 69%.
Despite common misconceptions, the most frequent cause of motorcycle accidents is not rider error but negligent behavior by other drivers. This includes failure to yield the right-of-way (often when turning left in front of a motorcyclist), distracted driving, and unsafe lane changes where drivers simply “don’t see” the motorcycle. These incidents are particularly tragic, often occurring on busy Ellis County roads, especially during peak riding season from March to October and on weekends between 3 PM and 9 PM.
Insurance companies are notorious for trying to apply Texas’s 51% comparative fault rule against motorcyclists, arguing that the rider’s actions contributed to the crash. This is where Attorney911’s inside knowledge from Lupe Peña, who perfected these defense strategies for years while working for insurance companies, becomes your ultimate advantage. We are intimately familiar with their tactics and know precisely how to dismantle arbitrary accusations of fault. We meticulously gather evidence, including accident reconstruction, witness statements, and traffic camera footage from Ellis County intersections to demonstrate the other driver’s liability.
If you’ve been injured in a motorcycle accident in Ellis County, whether on a local highway or a country road, don’t let insurance companies unfairly blame you. Call 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win.
Pedestrian Accidents: Protecting Vulnerable Walkers in Ellis County Communities
As our Ellis County communities like Waxahachie and Midlothian become more walkable, pedestrian accidents are an increasing concern. Pedestrians, with no protection against the force of a moving vehicle, are among the most vulnerable individuals on our roads.
TxDOT data highlights this tragic disparity: in 2024, there were 6,095 pedestrian crashes in Texas, resulting in 768 fatalities. While pedestrians are involved in only 1% of all crashes, they account for a shocking 19% of all roadway deaths. In major urban centers nearby, like Houston, pedestrian fatalities are at record highs, reaching 119 in a recent year, making up a third of all traffic fatalities. These statistics underscore the critical need for drivers to pay attention and yield to pedestrians, particularly in areas like downtown Waxahachie or near local schools.
A crucial legal point often misunderstood by drivers (and ignored by insurance companies) is that pedestrians always have the right-of-way at intersections in Texas, even at unmarked crosswalks. As long as there is an intersection, the area between opposing corners is considered a crosswalk—whether painted or not. Drivers have a legal duty to yield.
The injuries sustained in pedestrian accidents are often severe and life-altering, including traumatic brain injuries, spinal cord injuries, broken pelvises and legs, internal organ damage, and, tragically, fatalities. The impact can permanently alter a victim’s life and ability to work, demanding comprehensive legal support to recover sufficient compensation.
Our firm is committed to protecting the rights of pedestrians and fighting for the full compensation needed for extensive medical care, lost wages, and pain and suffering. We work to overcome insurance company arguments that pedestrians were distracted, “darted out,” or wore dark clothing. If you or a loved one has suffered injuries as a pedestrian in Ellis County, call 1-888-ATTY-911 immediately. We’ll fight diligently to ensure you receive the maximum compensation you deserve.
Rideshare Accidents (Uber/Lyft): Navigating the Complex Insurance Maze in Ellis County
Rideshare services like Uber and Lyft have become integral to transportation in Ellis County, offering convenient options for travel between communities and to nearby Dallas. However, when an accident occurs involving an Uber or Lyft vehicle, the question of who pays for injuries and damages becomes incredibly complex due to multi-layered insurance policies.
The critical factor in rideshare accident liability is the driver’s “phase” at the time of the crash. Lupe Peña’s experience working for defense firms gives us a crucial advantage in quickly determining which insurance policy is active and how much coverage is available.
Here’s how rideshare insurance phases work:
- Phase 0 (App Off): The driver is not logged into the app. Their personal auto insurance applies, which may only be Texas’s minimum 30/60/25 coverage. Personal policies often deny coverage if the driver was engaged in commercial activity.
- Phase 1 (App On, No Ride Request): The driver is logged into the app, waiting for a request. Uber/Lyft provide contingent coverage: $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage.
- Phase 2 (Accepted Ride, En Route to Pickup): Once a ride is accepted, Uber/Lyft’s full commercial insurance policy activates, providing substantial coverage: $1,000,000 for third-party liability.
- Phase 3 (Passenger in Vehicle): While a passenger is in the car, Uber/Lyft’s $1,000,000 commercial policy remains active.
Interestingly, statistics show that 58% of those injured in rideshare accidents are third parties—other drivers, pedestrians, or passengers in other vehicles—not the rideshare driver or passenger. This means even if you’re not in the Uber, their insurance structure can affect your recovery.
The Manginello Law Firm, PLLC, has extensive experience untangling these complex insurance policies. Our insider knowledge enables us to quickly identify the applicable coverage and pursue the maximum compensation available. If you’ve been injured in an Uber or Lyft accident in Ellis County, ranging from a minor collision to a catastrophic event, call 1-888-ATTY-911 for expert guidance.
Hit and Run Accidents: When the At-Fault Driver Flees in Ellis County
A hit and run accident is a deeply distressing experience. You’re left injured, your vehicle damaged, and the responsible driver has vanished. While these incidents may feel hopeless, there are crucial legal avenues in Texas to pursue compensation. Nationally, someone is involved in a hit-and-run every 43 seconds.
In Texas, leaving the scene of an accident, especially one involving injuries or death, carries severe penalties. If serious bodily injury occurs, it’s a third-degree felony, punishable by 2-10 years in prison and a fine up to $10,000. In cases of death, it’s a second-degree felony, with 2-20 years in prison. These consequences reflect the severity of the act, but they don’t help you with your immediate medical bills or car repairs.
Your primary path to recovery after an Ellis County hit and run often lies with your own Uninsured Motorist (UM) coverage. UM coverage is designed precisely for situations where the at-fault driver cannot be identified or lacks insurance. This coverage can compensate you for medical expenses, lost wages, pain and suffering, and property damage. Remember, Texas law allows for inter-policy stacking, meaning you can sometimes combine UM coverage from multiple vehicles on your policy. We discuss this in our video “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8.
The key to a successful hit and run claim is quick action. Surveillance footage from gas stations, businesses along US-287, or Ring doorbells often provides critical evidence to identify the fleeing vehicle. However, most footage is deleted within 7-30 days. Attorney911 acts quickly, sending preservation letters to all potential sources of evidence immediately upon engagement, protecting your claim from evidence loss. Don’t waste time. Call 1-888-ATTY-911 now if you’ve been the victim of a hit and run in Ellis County.
Bicycle Accidents: Protecting Cyclists’ Rights in Ellis County
As cycling becomes a popular activity in Ellis County, from city streets to rural roads, the risk of bicycle accidents unfortunately rises. Cyclists, like pedestrians, are extremely vulnerable to negligent drivers, and the injuries sustained can be devastating. In 2024, Texas recorded 78 bicyclist fatalities. While this was a decrease from previous years, the threat remains significant.
Most bicycle accidents occur when drivers fail to see cyclists, improperly judge their speed, or neglect to yield the right-of-way. Common incidents include cars turning left in front of a cyclist, drivers passing too closely, or dooring accidents where a parked car occupant opens a door into a cyclist’s path.
A major challenge in bicycle accident cases is the “blame-the-cyclist” mentality, often perpetuated by insurance companies. They will frequently try to argue the cyclist was at fault, citing a failure to wear proper gear or to obey traffic laws. Texas’s 51% comparative fault rule critically impacts these cases. Our attorney, Lupe Peña, with his background in insurance defense, is uniquely skilled at countering these arguments to protect the cyclist’s right to compensation.
Injuries from bicycle accidents range from minor abrasions to severe traumatic brain injuries, spinal damage, and multiple fractures. The long-term medical costs and impact on quality of life can be substantial. If you or a loved one have been injured while cycling in Ellis County, you need a firm that understands the nuances of these cases and will fight for your rights. Call 1-888-ATTY-911 for a free consultation.
Bus Accidents: Ensuring Safety on Ellis County’s Public and School Routes
Bus accidents, whether involving public transit, commercial charter buses, or school buses, can lead to widespread injuries due to the large number of passengers and the sheer size of the vehicle. Ellis County’s growing population means increased bus traffic, and with it, increased risk.
Texas tragically leads all states in total bus crashes, recording 1,110 such accidents in 2024, with 17 fatal and 549 injury crashes. School bus accidents are particularly concerning, with 2,523 crashes in 2023 resulting in 11 deaths and 63 serious injuries, and over 10,000 students injured in the 2021-22 school year. These statistics underscore the critical need for vigilance on our roads, particularly as children travel to and from schools in Waxahachie, Midlothian, and Ennis.
Liability in bus accidents can be intricate, often involving multiple parties:
- The Bus Driver: For negligence such as distracted driving, fatigue, or impairment.
- The Bus Company/Operator: For inadequate training, negligent hiring, poor maintenance, or unrealistic schedules.
- The Bus Manufacturer: If a mechanical defect (e.g., brake failure, tire blowout) contributed to the crash.
- Other Drivers: If a third-party vehicle caused the bus to crash.
- Government Entities: If poor road design or maintenance were factors (note: claims against government entities have strict 6-month notice requirements).
Attorney911 is experienced in handling complex bus accident cases. We understand the specific regulations governing commercial carriers and school districts. If you or a loved one has been injured in a bus accident in Ellis County, call 1-888-ATTY-911 for a comprehensive evaluation of your case.
Delivery Vehicle Accidents: When Corporate Expediency Leads to Ellis County Crashes
The rise of e-commerce and on-demand services means more delivery vehicles on Ellis County roads, from Amazon vans to FedEx trucks and local food delivery drivers. While convenient, this surge has also led to an increase in accidents, often exacerbated by corporate pressures for speed and efficiency.
Recent high-profile verdicts highlight the serious liability for these companies:
- A Georgia child struck by an Amazon delivery van resulted in a $16.2 million verdict, with Amazon found 85% responsible.
- In one landmark case, a jury awarded $105 million against an Amazon Delivery Service Partner (DSP) after an unlicensed, untrained driver caused a crash.
- Grubhub faced a wrongful death lawsuit in Arizona after a distracted driver, using their phone for the app, caused a fatal collision.
These cases demonstrate a clear trend: companies like Amazon, FedEx, UPS, and even food delivery apps use business models that can encourage risky driver behavior. Amazon DSPs, for instance, are known to have a higher safety violation rate than average motor carriers, with nearly 1,900 crashes involving Amazon-related vehicles in a recent 24-month period.
Liability can extend beyond the driver to the delivery company itself for negligent hiring, training, or supervision. Higher insurance limits, often $1,000,000 or more, mean these cases can result in substantial settlements, particularly when punitive damages are awarded for corporate negligence. If you’ve been injured by a delivery vehicle in Ellis County, whether on US-287 or a local street, Attorney911 can help you navigate this complex liability. Call 1-888-ATTY-911 for a free consultation.
Construction Zone Accidents: Navigating Hazards on Ellis County Roadways
Ellis County’s rapid growth often means construction zones on our roads and highways, from I-35E expansion projects to local infrastructure improvements. While essential, these zones introduce new hazards that unfortunately lead to a disturbing number of accidents, severe injuries, and fatalities.
TxDOT reports nearly 28,000 crashes in Texas work zones in 2024, resulting in 215 deaths—a 12% increase over the previous year. Nationally, work zone fatalities have increased by 50% over the last decade. A staggering 60% of highway contractors reported crashes into their work zones in a 2025 survey, with 43% reporting worker injuries. These collisions highlight a critical breakdown in safety, often due to distracted driving or excessive speed in areas requiring heightened caution.
A tragic example is the case of Katrina Bond, a college student who was rear-ended in an I-35 work zone near Fort Worth by a driver who admitted to texting. The force of the impact pushed her car into the path of another truck, resulting in her death.
Liability in construction zone accidents can be multifaceted, involving:
- The Negligent Driver: Who failed to follow reduced speeds or exercise caution.
- Construction Companies: If signage was inadequate, traffic control was poorly managed, or hazards were not properly marked.
- Government Entities: If the road design or maintenance were contributing factors (again, claims against governmental entities have a strict 6-month notice period).
Attorney911 is skilled at investigating these complex scenarios to identify all liable parties and maximize your compensation. If you’ve been injured in an Ellis County construction zone, call 1-888-ATTY-911.
Distracted Driving Accidents: A Pervasive Threat on Ellis County Roads
Distracted driving is a silent epidemic plaguing Ellis County and Texas roads. With the constant presence of smartphones, in-vehicle infotainment systems, and other distractions, drivers are increasingly taking their eyes, minds, and hands off the critical task of driving. This negligence leads to thousands of preventable accidents each year.
In 2024, distracted driving contributed to 380 deaths in Texas alone. These aren’t just minor incidents; they result in serious injuries, often because the distracted driver failed to brake or react in time. Modern distractions extend beyond texting to include scrolling social media like TikTok, streaming videos, browsing the web, or even using navigation systems improperly.
Proving distracted driving can be challenging, but Attorney911 uses forensic investigation techniques to gather evidence, including cell phone records, eyewitness accounts, and accident reconstruction. Lupe Peña’s defense background gives us acute insight into how insurance companies defend distracted drivers and how to effectively overcome those defenses. If you’ve been injured by a distracted driver in Ellis County, we can help you fight for the compensation you deserve. Call 1-888-ATTY-911.
E-Scooter/E-Bike Accidents: Navigating New Mobility Hazards in Ellis County
The growing popularity of e-scooters and e-bikes in urban areas and recreation spots nationwide means they are increasingly seen in Ellis County. While offering convenient mobility, these devices also introduce new accident scenarios and complex questions of liability.
In Texas, e-bikes are classified according to their maximum speed and whether they use a throttle or pedal assist. Most fall into Class 1 (pedal-assist, max 20 mph), Class 2 (throttle, max 20 mph), or Class 3 (pedal-assist, max 28 mph), requiring no license or registration. However, if an e-bike exceeds these standards (e.g., motor over 750W, speed over 28 mph), it may be legally considered a motor vehicle, significantly altering insurance and liability implications.
Accidents involving e-scooters and e-bikes can arise from various factors:
- Motorists: Drivers failing to see or yield to e-bike riders.
- Product Defects: Faulty batteries leading to fires (a growing concern), or brake failures.
- Pedestrians: Individuals struck by e-scooters or e-bikes traveling too fast, particularly on sidewalks.
- Property Owners: Poorly maintained paths or roadways creating hazards for riders.
As these forms of transportation grow, legal precedent is being established. For example, a recent Oct 2024 verdict in Portland saw an e-bike rider struck by an SUV awarded $1.6 million. If you’ve been injured in an e-scooter or e-bike accident due to someone else’s negligence in Ellis County, Attorney911 can help you understand your rights. Call 1-888-ATTY-911.
Commercial Vehicle Accidents: More Than Just 18-Wheelers on Ellis County Roads
Beyond 18-wheelers, Ellis County roads see a variety of other commercial vehicles, including box trucks, utility vans, large delivery vehicles, and construction equipment. Accidents involving these vehicles share many complexities with trucking accidents due to their size, weight, and the commercial nature of their operation.
These vehicles often cause more severe injuries than passenger cars due to their mass. Like 18-wheelers, they are subject to higher insurance policy limits (often $1,000,000 or more) and a corporate defendant. This means these cases are fought aggressively by large insurance carriers.
Proving liability can involve examining company policies, driver training, vehicle maintenance logs, and compliance with state and federal regulations. Attorney911 has extensive experience in dissecting commercial vehicle crashes to identify all sources of liability and coverage. Our multi-million dollar results, combined with Ralph Manginello’s federal court admission, mean we are well-equipped to handle even the most challenging commercial vehicle cases in Ellis County. Call 1-888-ATTY-911.
Weather-Related Accidents: Navigating Texas’s Unpredictable Conditions in Ellis County
Ellis County, like much of Texas, can experience unpredictable weather conditions—from sudden heavy rains and flash floods to dense fog and, occasionally, dangerous ice and sleet. These conditions dramatically increase the risk of motor vehicle accidents.
While weather is often cited as a contributing factor, an accident is rarely just “weather-related.” Drivers still have a duty to adjust their driving to the conditions. Failing to slow down in the rain, driving with worn tires, or speeding through fog can all constitute negligence. For example, Texas drivers are often unprepared for rare winter conditions, leading to multi-car pileups on I-35E when ice is present.
Our firm investigates whether driver negligence, vehicle maintenance issues, or even poor road maintenance (which can involve governmental liability) contributed to the accident, even in adverse weather. Don’t let insurance companies blame the weather to avoid responsibility. Call 1-888-ATTY-911 if you’ve been in a weather-related accident in Ellis County.
Intersection Accidents: High-Risk Zones on Ellis County’s Roadways
Intersections in Ellis County, especially along busy corridors like US-287 or SH-34, are consistently high-risk areas for motor vehicle accidents. The convergence of traffic, coupled with driver impatience, distraction, or confusion, leads to a significant number of collisions. In Texas, 1,050 deaths occurred at intersections in a recent year.
Common types of intersection accidents include:
- T-Bone Collisions: Often occurring when one driver runs a red light or stop sign.
- Left-Turn Accidents: When a driver turning left fails to yield to oncoming traffic.
- Rear-End Accidents: Drivers failing to stop or pay attention to traffic signals.
Proving liability in intersection accidents often relies on eyewitness statements, traffic camera footage, and accident reconstruction. Attorney911 acts quickly to secure crucial evidence, like surveillance from nearby Ellis County businesses, before it’s erased. Lupe Peña’s training as a defense attorney taught him how insurance companies attempt to dispute fault at complex intersections, giving us the advantage in establishing clear liability for our clients. Call 1-888-ATTY-911 if you’ve been injured in an Ellis County intersection accident.
Tesla and Autopilot Accidents: Complex Litigation for Advanced Technology Failures
As more Tesla vehicles, equipped with Autopilot and Full Self-Driving (FSD) capabilities, appear on Ellis County roads, accidents involving these advanced systems introduce new and complex liability challenges. While marketed as advanced safety features, these systems have a documented history of failures leading to serious, and sometimes fatal, crashes.
Notable incidents include the May 2016 Williston, Florida, crash where Joshua Brown was killed when his Tesla on Autopilot failed to detect an 18-wheeler, and the March 2018 Mountain View, California, crash that killed Apple engineer Walter Huang. The latter case recently settled in April 2024. A landmark $240 million jury verdict against Tesla in Miami in August 2025 further highlights the significant liability risks for the manufacturer.
According to NHTSA data, Tesla’s Autopilot accounts for 70% of all driver-assist crashes reported, and in December 2023, Tesla recalled over 2 million vehicles due to safety concerns.
Liability in these cases can be particularly intricate, involving claims of product liability against Tesla for:
- Misleading Marketing: Promoting FSD/Autopilot as safer than human drivers, fostering overconfidence.
- Known Defects: Systems failing to detect emergency vehicles, cross-traffic, or barriers.
- Software Glitches: Algorithm errors leading to dangerous maneuvers.
- Inadequate Recalls: Relying on over-the-air software updates instead of providing comprehensive safety fixes.
Ralph Manginello’s federal court admission and our firm’s experience in major litigation, such as the BP explosion cases, position us uniquely to take on billion-dollar corporations like Tesla. If you or a loved one has been injured in Ellis County due to a Tesla’s Autopilot or FSD system, call 1-888-ATTY-911. We have the expertise to fight for justice against even the largest technology companies.
Proving Liability and Building Your Case in Ellis County
After a motor vehicle accident in Ellis County, proving who was at fault is paramount to securing fair compensation. The Manginello Law Firm excels at meticulously building cases that establish clear liability through thorough investigation and expert analysis.
The Four Elements of Negligence
To win a personal injury case in Texas, we must prove four core elements against the at-fault driver or other liable parties:
- Duty of Care: All drivers on Ellis County roads have a legal duty to operate their vehicles safely and responsibly, obeying traffic laws, maintaining a proper lookout, and controlling their speed. Commercial drivers, such as truckers on I-35E, have an even higher duty of care due to federal regulations.
- Breach of Duty: The at-fault party violated their duty of care. This could be by speeding through Waxahachie, running a red light in Midlothian, driving while distracted, or operating under the influence.
- Causation: The breach of duty directly caused your injuries. We must demonstrate a clear link, often using medical and accident reconstruction experts. For example, if a speeding driver T-boned your vehicle, “but for” their speeding, your injuries would not have occurred.
- Damages: You suffered actual harm as a result of the accident, which can be quantified (medical bills, lost wages) or demonstrated (pain and suffering, emotional distress).
Types of Evidence We Gather
Building a strong case requires comprehensive evidence gathering. Our team immediately begins collecting and preserving all relevant information:
- Physical Evidence: Photographs of vehicle damage (all angles), skid marks, debris, road conditions, and any damaged personal property.
- Documentary Evidence: The official police accident report, 911 call recordings, traffic camera footage, and surveillance footage from nearby businesses in Ennis or the surrounding areas.
- Electronic Evidence: Critical in commercial trucking accidents, including Electronic Logging Device (ELD) data, black box/Event Data Recorder (EDR) data from vehicles, and GPS/telematics information. In distracted driving cases, cell phone records can be invaluable.
- Testimonial Evidence: Statements from eyewitnesses, depositions of involved parties, and expert witness testimony from accident reconstructionists, medical professionals, and economists.
Identifying Multiple Liable Parties Beyond the Driver
In many Ellis County motor vehicle accidents, particularly those involving commercial vehicles or drunk drivers, liability can extend beyond just the driver. Identifying all liable parties is crucial for maximizing your compensation.
- Trucking Accidents: Besides the truck driver, the trucking company might be liable for negligent hiring, improper training, or poor vehicle maintenance. Cargo loaders or vehicle manufacturers could also be responsible.
- Rideshare Accidents: Liability can involve the rideshare driver, the rideshare company (Uber/Lyft), or even other at-fault drivers, as discussed in our section on rideshare insurance phases.
- Drunk Driving Accidents: Texas’s Dram Shop Act (Texas Alcoholic Beverage Code § 2.02) can hold bars, restaurants, or other establishments liable if they served an obviously intoxicated person who then caused the accident.
More liable parties often mean more insurance policies and a greater potential for recovery. Our firm aggressively investigates every angle to uncover all responsible parties and their respective insurance coverage.
The Role of Expert Witnesses
To counter insurance company defenses and establish clear liability, Attorney911 collaborates with a network of respected expert witnesses:
- Accident Reconstructionists: To meticulously recreate the accident, determine collision forces, and identify fault.
- Medical Experts: To definitively link your injuries to the accident and project future medical needs.
- Life Care Planners: To calculate the lifetime costs for catastrophic injuries.
- Vocational Experts: To assess lost earning capacity and the impact on your career.
- Economists: To calculate the present value of future financial losses.
Our preparation for trial means we don’t just allege; we prove. Lupe Peña’s background as an insurance defense attorney equipped him with an intimate understanding of the kinds of evidence and expert testimony defense firms rely on, allowing us to build an even stronger case for our clients today in Ellis County.
Damages & Compensation: What You Can Recover After an Ellis County Accident
After a car accident in Ellis County, understanding the full scope of damages you can recover is essential for rebuilding your life. We meticulously calculate every loss to ensure you receive comprehensive compensation.
Types of Damages in Texas
Texas law categorizes damages into three main types:
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Economic Damages (No Cap in Texas): These are quantifiable financial losses directly attributable to your accident.
- Medical Expenses (Past & Future): This includes everything from emergency room visits in Waxahachie or Midlothian, ambulance rides, doctor visits, surgeries, physical therapy, prescription medications, and durable medical equipment to long-term care needs.
- Lost Wages (Past & Future): Compensation for income you’ve already lost due to inability to work, and for your reduced earning capacity in the future if your injuries prevent you from returning to your previous job or working at full capacity.
- Property Damage: Costs to repair or replace your vehicle and any personal property damaged in the crash.
- Out-of-Pocket Expenses: Ancillary costs such as transportation to medical appointments, home modifications for accessibility, or hiring household help.
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Non-Economic Damages (No Cap in Texas, except medical malpractice): These are intangible losses that impact your quality of life, often the largest component of a severe injury claim.
- Pain and Suffering: Compensation for the physical pain, discomfort, and agony you endure, both past and future.
- Mental Anguish: Emotional distress, anxiety, depression, fear, and post-traumatic stress disorder (PTSD) resulting from the accident.
- Physical Impairment: Loss of physical function, permanent disability, and limitations on your daily activities.
- Disfigurement: Compensation for scarring, burns, or other permanent visible injuries affecting your appearance and confidence.
- Loss of Consortium: The negative impact on your marital relationship or family dynamics due to your injuries.
- Loss of Enjoyment of Life: The inability to participate in hobbies, recreational activities, or aspects of life you previously enjoyed.
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Punitive (Exemplary) Damages (Capped): These are not meant to compensate you for losses but to punish the at-fault party for gross negligence, fraud, or malice, and to deter similar conduct.
- Punitive damages are frequently awarded in drunk driving cases in Ellis County, where the driver displayed a conscious indifference to the safety of others.
- In Texas, punitive damages are capped at the greater of $200,000, OR two times the amount of economic damages plus an amount equal to non-economic damages up to $750,000.
Nuclear Verdicts: What They Mean for Your Ellis County Case
In recent years, Texas has seen a significant trend of “nuclear verdicts”—jury awards exceeding $10 million. Texas leads the nation in nuclear verdicts, with 207 such awards totaling over $45 billion from 2009-2023. Motor vehicle accidents alone account for 23.2% of all nuclear verdicts.
Recent Texas nuclear verdicts include:
- $105 million against an Amazon Delivery Service Partner (DSP) in 2024.
- $44.1 million for a fatal I-35 pileup due to trucking negligence in 2024.
- $37.5 million against Oncor Electric for a distracted truck driver in 2024.
- A staggering $301 billion in a drunk driving case in 2017.
While not every case goes to trial or results in such astronomical figures, the very threat of a nuclear verdict gives Attorney911 significant leverage in negotiating settlements. Insurance companies prefer to settle out of court, and a firm with a proven trial-ready track record like ours gives them pause. Our multi-million dollar results, including a logging brain injury case and a car accident amputation case that settled for millions, demonstrate our commitment and capability to fight for the maximum compensation our clients deserve.
How Case Value is Determined: Understanding the Multiplier Method
Insurance companies often use a “multiplier method” to estimate the value of non-economic damages (pain and suffering). This involves:
Total Settlement = (Medical Expenses × Multiplier) + Lost Wages + Property Damage
The multiplier typically ranges from 1.5 for minor injuries to 5 or more for catastrophic injuries:
- Soft Tissue Injuries (Whiplash, Sprains): Multiplier of 1.5 – 2
- Moderate Injuries (Broken Bones, Months of Recovery): Multiplier of 2 – 3
- Severe Injuries (Surgery, Long Recovery): Multiplier of 3 – 4
- Catastrophic Injuries (Permanent Disability, TBI): Multiplier of 4 – 5+
Several factors either increase or decrease this multiplier. Factors that push the multiplier higher include permanent injury, extensive scarring, long recovery, clear liability on the other driver, and egregious defendant conduct (like drunk driving). Factors that decrease it include quick recovery, gaps in treatment, disputed liability, and pre-existing conditions.
Lupe Peña’s background is crucial here. He calculated these multipliers for years at a defense firm, giving us an intimate understanding of how insurance companies manipulate this system. We know when to push for a higher multiplier, how to document your case to justify it, and when to abandon this method entirely and demand policy limits. We don’t accept lowball multipliers. Our multi-million dollar track record proves we’re prepared to take cases to trial if insurance companies refuse to offer a fair settlement reflecting the true value of our clients’ injuries.
Attorney911: Your Counter-Intelligence System Against Insurance Tactics in Ellis County
After an Ellis County car accident, the last thing you need is to battle aggressive insurance companies. Yet, that’s precisely what you’ll face. These companies, driven by profit, employ a sophisticated playbook designed to minimize your payout. At Attorney911, our deepest cutting advantage lies in our insider knowledge: “Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.” This insight means we don’t just anticipate their tactics; we know how to dismantle them because Lupe himself used to deploy them.
Tactic #1: The Quick Contact & Recorded Statement Trap (Days 1-3)
Insurance adjusters often contact you within hours or days of your Ellis County accident. They sound friendly, offering “help” and requesting a “recorded statement” to “process your claim.” What they’re really doing is trying to get you to unwittingly damage your own case. While you’re in pain, on medication, or emotionally vulnerable, they’ll ask leading questions designed to:
- Get you to minimize your injuries (“You’re feeling better now, right?”)
- Admit partial fault (“Were you distracted at all?”)
- Provide inconsistent details that can be used against you later.
Our Counter: You are not required to give a recorded statement to the at-fault driver’s insurance company. Once you hire Attorney911, we become your voice. All communications are routed through us, and we advise you on every step, preparing you thoroughly if a statement is unavoidable. We know their questions because Lupe asked them for years; now he ensures you don’t fall into this trap.
Tactic #2: The Quick Settlement Offer (Weeks 1-3)
Shortly after your accident, you might receive a “generous” quick cash offer—usually a few thousand dollars. They’ll create false urgency: “This offer expires soon!” or “This is our final offer!” This tactic preys on your immediate financial vulnerabilities (lost wages, medical bills) and your lack of understanding about your future medical needs.
The Trap: If you sign a release for this early, lowball offer, your case is permanently closed. If weeks later an MRI reveals a herniated disc requiring $100,000 surgery, you’re out of luck.
Our Counter: We advise clients NEVER to settle before reaching Maximum Medical Improvement (MMI). You can’t know the true value of your case until your medical condition is stable. Lupe knows these offers are typically 10-20% of your case’s real worth. We fight for what your case is genuinely worth, not what they initially try to pawn off.
Tactic #3: The “Independent” Medical Exam (IME) (Months 2-6)
Insurance companies will often require you to undergo an “Independent Medical Examination” (IME). Don’t be fooled by the name. These doctors are hired and paid handsomely by the insurance company ($2,000-$5,000 per exam) to act as a pseudo-expert. Their primary goal is to find reasons to minimize your injuries.
What They Do: These “independent” doctors conduct a cursory 10-15 minute exam, often without reviewing your complete medical records. They look for any reason to claim your injuries are “pre-existing,” “exaggerated,” or “not related to the accident.” Lupe knows these specific doctors and their biases because he used to hire them during his defense days.
Our Counter: We meticulously prepare you for your IME. We ensure the IME doctor receives all your relevant medical records in advance. We challenge biased IME reports with our own medical experts. More importantly, Lupe’s unique insight means we can anticipate their findings and proactively build a strong case to refute them.
Tactic #4: Delay and Financial Pressure (Months 6-12+)
Insurance companies have unlimited resources, unlimited time, and no financial pressure. They know you have mounting bills and lost income. They will drag out your case with excuses: “still investigating,” “waiting for records,” “reviewing file.” Their hope is that financial desperation will force you to accept a lower settlement.
Our Counter: We don’t play their game. We initiate lawsuits to impose legal deadlines, compelling them to act. We take depositions, thereby incurring litigation costs for them and incentivizing settlement. Our trial readiness sends a clear message: we mean business. Lupe understands these delay tactics because he deployed them; now he knows exactly how to push back and accelerate the process for our Ellis County clients.
Tactic #5: Surveillance & Social Media Monitoring
Insurance companies constantly engage in surveillance. They’ll hire private investigators to film you in public, looking for any activity that contradicts your injury claims. Simultaneously, they relentlessly monitor all your social media accounts—Facebook, Instagram, TikTok, LinkedIn, and even your friends’ profiles—to find “evidence” to discredit you. A photo of you smiling, an old gym picture, or a check-in at an Ellis County restaurant with friends can be taken out of context to argue you’re “not really injured.”
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.”
Our Counter: We advise all clients to immediately private their social media profiles and refrain from posting about their accident, injuries, or activities. We educate you on how to avoid these traps and protect your privacy while your case is ongoing.
Tactic #6: The Broad Medical Authorization Trap
When you file a claim, insurance companies will demand you sign a medical authorization form. They’ll insist it’s “routine” and “necessary” to process your claim. However, these forms are often overly broad, giving them access to your entire medical history—not just accident-related records.
What They’re Doing: They search for any pre-existing conditions or prior injuries to the same body part. They will then argue that your current pain isn’t from the accident but from an old injury.
Our Counter: Never sign any medical authorization without your attorney’s review. We meticulously limit authorizations to only relevant records, protecting your privacy and preventing insurance companies from going on a fishing expedition. We also understand the “eggshell plaintiff” rule—you are entitled to compensation if the accident aggravated a pre-existing condition, and we hire medical experts to prove it. Lupe knows this tactic all too well; he requested these broad authorizations for years, and now he knows how to keep them out of your private medical data.
This isn’t an exhaustive list, but it highlights why having Attorney911 on your side is not just beneficial—it’s a necessity. We use our unparalleled insider knowledge to turn the tables on insurance companies, ensuring Ellis County accident victims receive the fair compensation they deserve.
Medical Knowledge: Understanding Your Injuries After an Ellis County Accident
The impact of a car accident in Ellis County can leave you with a range of injuries, some immediately apparent, others developing over time. At Attorney911, we don’t just understand the legal process; we grasp the medical realities of your injuries, connecting them directly to the accident and the compensation you need for a full recovery.
Traumatic Brain Injury (TBI): Often Silent, Always Serious
TBIs are among the most devastating consequences of car accidents, from concussions to severe brain damage. While some symptoms appear immediately, others can be delayed, complicating diagnosis and insurance claims.
Delayed Symptoms Are Critical: Insurance companies will argue that delayed symptoms mean your TBI isn’t accident-related. However, it’s medically normal for symptoms like worsening headaches, repeated vomiting, personality changes, sleep disturbances, or cognitive issues to appear days or even weeks after the initial impact. We work with medical experts to document this progression and counter insurance denials.
Long-Term Impact: Even “mild” TBIs (concussions) can lead to Post-Concussive Syndrome (chronic headaches, dizziness), increased risk of dementia, and personality or mood disorders (depression, anxiety). Severe TBIs can result in permanent cognitive impairment, physical disability, and require lifelong care. Our multi-million dollar settlement for a client who suffered a brain injury with vision loss underscores our commitment to fighting for maximum compensation in TBI cases.
Spinal Cord Injury: Life-Altering Damage
Spinal cord injuries (SCI) are catastrophic, often leading to partial or complete paralysis. The level of injury (cervical, thoracic, or lumbar spine) dictates the extent of permanent disability, from quadriplegia (all four limbs) to paraplegia (lower body).
Beyond Paralysis: SCIs bring severe secondary complications including pressure sores, respiratory issues, bowel/bladder dysfunction, chronic pain, and a significantly shortened life expectancy. The lifetime care costs can range from $2.5 million for paraplegia to over $13 million for high tetraplegia. Attorney911 understands the need for life care plans and aggressively pursues the full cost of medical care, home modifications, and lost earning capacity for SCI victims.
Amputation: A Life Forever Changed
Amputation, whether traumatic at the scene of an Ellis County accident or surgically required due to crush injuries or unchecked infections (as in our documented case), represents a profound and life-altering injury. Our client’s leg was injured in a car accident; staff infections developed during treatment, leading to a partial amputation. This case settled in the millions, validating the lifelong impact.
Phantom Limb Pain: A significant majority of amputees experience phantom limb pain—the sensation of pain in the missing limb—which can be chronic and debilitating, requiring lifelong pain management. The cost of prosthetics is immense, requiring replacement every 3-5 years, often adding up to millions over a lifetime. We ensure these future costs are fully accounted for in your claim.
Herniated Discs: More Than Just Back Pain
Herniated discs are a common and often severely painful injury from car accidents. They occur when the soft inner material of a spinal disc pushes through a tear in the tougher outer layer, causing nerve impingement.
Progressive Treatment: Treatment can range from conservative (physical therapy, pain management) to epidural steroid injections, and ultimately, surgery (microdiscectomy or spinal fusion). A herniated disc requiring surgery can easily lead to $100,000+ in medical bills and a settlement range from $346,000 to over $1.2 million. Insurance companies often try to link these to “pre-existing degenerative changes,” but we use medical experts to prove the accident-related aggravation.
Burn Injuries: Painful and Permanently Disfiguring
Burn injuries, often resulting from vehicle fires or chemical exposure in accidents, are intensely painful and can leave permanent physical and emotional scars. The severity ranges from first-degree (like sunburn) to fourth-degree, which damages muscle and bone.
Extensive Care: Deep burns often require skin grafting, multiple surgeries, and prolonged stays in specialized burn centers like the one at UTMB Galveston. Beyond the physical pain, severe burns can lead to disfigurement, mobility issues, and psychological trauma requiring extensive therapy. Our firm’s involvement in the BP explosion litigation has given us firsthand experience with the complex medical and legal aspects of severe burn injuries.
Whiplash and Soft Tissue Injuries: Undervalued by Insurance
Whiplash and other soft tissue injuries (sprains, strains) are the most common car accident injuries but are frequently undervalued by insurance companies due to their subjective nature and difficulty showing on X-rays.
Hidden Severity: While often dismissed as “minor,” 15-20% of whiplash victims develop chronic pain. These injuries can prevent individuals from returning to physically demanding jobs and profoundly impact their daily lives. Proper medical documentation, consistent treatment, and showing objective findings through MRIs are crucial to combating insurance claims that these injuries are not serious. Lupe Peña knows precisely how insurance companies minimize these claims and how to fully document them for maximum value.
Psychological Injuries: The Unseen Wounds
Beyond physical pain, car accidents in Ellis County often leave lasting psychological scars. Post-Traumatic Stress Disorder (PTSD) affects 32-45% of accident victims, manifesting as anxiety about driving, panic attacks, nightmares, and flashbacks. These invisible wounds are just as real and compensable as physical injuries. We ensure mental anguish, emotional distress, and loss of enjoyment of life are fully calculated into your claim.
Why Attorney911 Is the Unrivaled Choice for Ellis County Accident Victims
When your life is turned upside down by a motor vehicle accident in Ellis County, you need more than just legal representation—you need a powerful, strategic advocate with a proven track record. Attorney911 (The Manginello Law Firm, PLLC) stands out from other firms across Texas, offering unique advantages that directly benefit our clients.
Advantage 1: The Insurance Defense Insider – Lupe Peña’s Strategic Edge
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.” This isn’t just a fact; it’s our most powerful competitive differentiator. Lupe spent years building cases for the insurance companies that now actively fight against our clients.
What This Means for YOU:
- We Know Their Playbook: We anticipate every tactic they deploy, from lowball offers to surveillance, because Lupe perfected those strategies himself.
- We Speak Their Language: We understand their internal claim valuation methods (like the Colossus software system), reserve setting, and settlement authority structures.
- We Expose Their IME Doctors: Lupe knows which “independent” medical examiners they favor because he hired them. Now, we use that knowledge to challenge their biased reports.
No other firm in Ellis County can offer this level of true insider counter-intelligence. It’s an unfair advantage for our clients.
Advantage 2: Multi-Million Dollar Results – Our Track Record Speaks Volumes
Our results are not just claims; they are a testament to our aggressive advocacy and meticulous preparation. We routinely secure multi-million dollar settlements and verdicts for victims of severe motor vehicle accidents.
Consider these documented outcomes:
- Brain Injury: “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”
- Amputation: “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.”
- Trucking Wrongful Death: “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.”
These results prove that we don’t settle cheap, and insurance companies know we are capable and ready to go to trial if necessary. We are also actively pursuing a $10 million hazing lawsuit against the University of Houston and Pi Kappa Phi Fraternity, demonstrating our willingness to take on even the largest institutions for our clients.
Advantage 3: Federal Court Experience – Taking on the Biggest Fights
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas. This signifies our capability to handle complex cases that transcend state court jurisdiction.
Why Federal Court Matters:
- Commercial Trucking: Many complex 18-wheeler accident cases, particularly those involving manufacturers or out-of-state trucking companies, are heard in federal courts due to federal regulations (FMCSA).
- Product Liability: Cases against major vehicle manufacturers, such as those involving Tesla’s Autopilot failures, often fall under federal jurisdiction.
- Large Corporations: Our firm was one of the few involved in the BP explosion litigation, demonstrating our proven ability to litigate against billion-dollar multinational corporations in federal court and win.
This federal court experience means we are equipped for the most challenging and high-stakes cases that many local firms in Ellis County simply cannot handle.
Advantage 4: Personal Attention – You Are Family Here
While we achieve multi-million dollar results and litigate in federal court, we pride ourselves on maintaining a deeply personal approach. We are not a settlement mill where you’re just a case number.
Our clients consistently praise our communication and dedication:
- As Chad Harris eloquently put it, “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
- Ambur Hamilton shared, “I never felt like ‘just another case’ they were working on.”
- Dame Haskett highlighted, “Consistent communication and not one time did i call and not get a clear answer…Ralph reached out personally.”
You will work directly with Ralph Manginello or Lupe Peña, supported by dedicated case managers like Leonor, who clients praise for her ability to “take all the weight of my worries off my shoulders,” as Stephanie Hernandez describes. We are always available, and as client S M noted, “Attorney Manginello is so knowledgeable but straight to the point…responded quickly even while he was away.”
Advantage 5: Contingency Fee – No Risk to You
We understand that after an accident in Ellis County, you’re likely facing financial strain. That’s why we operate on a contingency fee basis with no upfront costs:
- Free Consultation: Your initial consultation is always free and without obligation.
- No Upfront Fees: You pay nothing out of pocket for our legal services.
- We Advance Costs: We cover all case expenses, from expert witness fees to court filings.
- No Fee Unless We Win: “We don’t get paid unless we win your case.” If we don’t secure compensation for you, you owe us nothing. If we recover compensation for you, our fee is a percentage of the recovery. You may still be responsible for court costs and case expenses regardless of outcome.
This fee structure ensures that anyone in Ellis County, regardless of their financial situation, can access aggressive, high-quality legal representation.
When you choose Attorney911, you’re choosing a firm with an unparalleled insider’s perspective, a track record of multi-million dollar results, the capability to tackle the most complex cases in federal court, and a commitment to personal client care. We invite you to listen to Ralph Manginello’s insights on “Attorney 911 The Podcast,” available on Apple Podcasts, for real-world legal tips. If you’ve been injured in Ellis County, experience the Attorney911 difference. Call 1-888-ATTY-911 today for your free, no-obligation consultation. Se habla español.
Frequently Asked Questions About Car Accidents in Ellis County
Being involved in a car accident in Ellis County can leave you with many questions. We’ve compiled answers to some of the most common concerns our clients have.
Immediate After Accident
1. What should I do immediately after a car accident in Ellis County?
If you’ve been in an accident in Ellis County: Call 911 to report it and get medical attention. Document everything (photos of damage, injuries, scene). Exchange information with the other driver. Get witness contacts. Do NOT give a recorded statement to any insurance company. Call Attorney911 (1-888-ATTY-911) for immediate guidance.
2. Should I call the police even for a minor accident?
Yes, always call the police. The police report is crucial evidence. In Texas, you must report accidents involving injuries, fatalities, or property damage estimated over $1,000.
3. Should I seek medical attention if I don’t feel hurt?
ABSOLUTELY. Adrenaline can mask pain, and many serious injuries (like traumatic brain injuries, internal bleeding, or herniated discs) may not show symptoms immediately. Insurance companies will use any delay in treatment against you. Get checked at a Waxahachie or Midlothian emergency room.
4. What information should I collect at the scene?
Collect the other driver’s name, phone, address, driver’s license, insurance information, and vehicle details. Get names and numbers of any witnesses. Take comprehensive photos of all vehicle damage, your injuries, the accident scene, and traffic signals.
5. Should I talk to the other driver or admit fault?
Exchange information only. Do NOT discuss fault, apologize, or offer an opinion on what happened. Any statement can be used against you.
6. How do I obtain a copy of the accident report?
In Ellis County, you can typically obtain the police report from the responding agency (e.g., Waxahachie Police Department, Ellis 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 and protect your interests.
8. What if the other driver’s insurance contacts me?
Politely tell them, “I need to speak with my attorney first.” Provide only your name and the date of the accident. Do NOT discuss your injuries, the accident details, or fault.
9. Do I have to accept the insurance company’s estimate?
No. Their estimate is usually a lowball offer, far below the actual value. Attorney911 fights for what your case is truly worth.
10. Should I accept a quick settlement offer?
NEVER accept an early settlement offer before knowing the full extent of your injuries. Once you sign a release, you cannot seek further compensation, even if your medical condition worsens.
11. What if the other driver is uninsured/underinsured?
Your own Uninsured/Underinsured Motorist (UM/UIM) coverage can provide compensation. Learn more in 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 seek broad access to your entire medical history to find pre-existing conditions they can use to deny or minimize your claim. Never sign any medical authorization form without attorney review.
Legal Process
13. Do I have a personal injury case?
You may have a case if someone else’s negligence caused the accident, you suffered injuries or damages, and there is insurance to cover your losses. 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 quickly, and insurance companies are building a case against you from day one. Call Attorney911 (1-888-ATTY-911).
15. How much time do I have to file (statute of limitations)?
In Texas, you have 2 years from the date of the accident (or date of death for wrongful death cases) to file a personal injury lawsuit. Missing this deadline means your claim is legally barred.
16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you are 50% or less at fault, you can recover damages, reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing. Learn more in 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 will be reduced by your percentage of fault. For example, if you were 10% at fault in a $100,000 case, you could recover $90,000.
18. Will my case go to trial?
Most personal injury cases settle before trial. However, Attorney911 prepares every case as if it’s going to trial. This trial readiness gives us leverage during negotiations. Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc.
19. How long will my case take to settle?
The timeline varies depending on the severity of your injuries and the complexity of the case. We prioritize your health and won’t settle until you’ve reached Maximum Medical Improvement (MMI). This could be anywhere from 6 months for minor injuries to 18-24 months or longer for serious injuries.
20. What is the legal process step-by-step?
Generally: Investigation and evidence gathering, medical treatment to MMI, demand letter to insurance, negotiation, potential lawsuit filing, discovery, mediation, and finally, trial if a fair settlement cannot be reached. 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?
Case value depends on injury severity, medical costs, lost wages, permanent impairment, pain and suffering, and available insurance coverage. Recoveries can range from $15,000 for minor soft tissue injuries to millions for catastrophic injuries.
22. What types of damages can I recover?
You can recover for economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, mental anguish, physical impairment, disfigurement, loss of enjoyment of life). Punitive damages may also be available in cases of gross negligence.
23. Can I get compensation for pain and suffering?
Yes. Pain and suffering is a significant component of personal injury cases in Texas, and there is no cap on these non-economic damages (except in medical malpractice cases).
24. What if I have a pre-existing condition?
You can still recover. If the accident aggravated or worsened your pre-existing condition, you are entitled to compensation for that aggravation. This is known as the “eggshell plaintiff” rule—the defendant takes the victim as they find them.
25. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries and medical expenses is NOT taxable. However, punitive damages and emotional distress not tied to physical injury ARE taxable. Consult a tax professional for specific advice.
26. How is the value of my claim determined?
Based on comprehensive factors including medical bills, future medical needs, lost income, permanent impairment ratings, the impact on your daily life, and comparable verdicts or settlements.
Attorney Relationship
27. How much do car accident lawyers cost?
Attorney911 works on a contingency fee basis. Our fee is a percentage of your recovery (typically 33.33% before trial and 40% if the case goes to trial). You pay nothing upfront, and we don’t get paid unless we win your case. We advance all case costs. 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?
It means you pay zero in attorney fees unless we successfully recover money for you. If we don’t win, you owe us nothing for our legal services. You may still be responsible for court costs and case expenses regardless of outcome.
29. How often will I get updates?
Attorney911 prides itself on consistent client communication. As our client Dame Haskett said: “Consistent communication and not one time did i call and not get a clear answer.” We keep you informed throughout your case.
30. Who will actually handle my case?
At Attorney911, you work directly with Ralph Manginello or Lupe Peña, not just paralegals or anonymous case managers. As Chad Harris said: “You are NOT just some client…You are FAMILY to them.”
31. What if I already hired another attorney?
You have the right to switch attorneys at any time if you are dissatisfied. Many of our clients came to us after feeling let down by other firms. As client Greg Garcia shared: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
Mistakes to Avoid
32. What common mistakes can hurt my case?
Giving recorded statements without an attorney, accepting a quick settlement, delaying medical treatment, having gaps in treatment, posting on social media, and signing documents without legal review are common mistakes. 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 your social media profiles private immediately. Do not post any details about the accident, your injuries, or your activities. Insurance companies actively monitor social media to find information to use against you.
34. Why shouldn’t I sign anything without a lawyer?
Legal releases are permanent waivers of your rights. Medical authorizations can expose your entire medical history. Settlement offers are binding contracts. Once signed, they are almost impossible to undo.
35. What if I didn’t see a doctor right away?
See a doctor NOW. Explain you didn’t realize the severity of your injuries immediately; this is common. We can still help, but prompt medical attention strengthens your case.
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 a defendant takes a victim as they find them. For example, if you had mild knee pain, but the crash caused a torn meniscus, you can recover for the new surgical injury. We use medical experts to prove the connection. Lupe, with his background, knows how insurance companies attack pre-existing conditions, because he used to make those very arguments for insurance. He now uses that knowledge to defend your claim.
37. Can I switch attorneys if I’m unhappy with my current lawyer?
YES. You can fire your attorney at any time. If your current lawyer isn’t communicating, isn’t fighting for your best interests, or pressures you to accept a lowball settlement, you have the right to seek new representation. Attorney911 has successfully taken over many cases from other attorneys. Client Greg Garcia shared, “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out,” underscoring our commitment. Call 1-888-ATTY-911 to confidentially discuss transferring your case.
38. What if the insurance company is my own insurance (UM/UIM claim)?
When the at-fault driver is uninsured or underinsured, you file a claim against your own Uninsured/Underinsured Motorist (UM/UIM) coverage. Remember, your own insurance company becomes an adversary in this scenario; they will still try to minimize your payout. You absolutely need an attorney. Texas allows inter-policy stacking, meaning you can potentially combine UM coverage from multiple vehicles on your policy. Lupe’s deep insurance knowledge is invaluable for maximizing UM/UIM recovery.
39. How do you calculate pain and suffering?
Pain and suffering (non-economic damages) are often calculated using a multiplier method: your total medical expenses multiplied by a factor (typically 1.5 to 5). This multiplier depends on the severity and permanence of your injuries, the impact on your daily life, and the clarity of fault. For example, $100,000 in medical bills with a 3x multiplier suggests $300,000 for pain and suffering. Lupe, having calculated these for years on the defense side, knows how to justify higher multipliers and ensure proper documentation to get you the most.
40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Cases involving government entities in Ellis County (e.g., a Waxahachie city vehicle or an Ellis County Sheriff’s vehicle) are highly complex due to governmental immunity laws. You must file a formal notice of claim, often within a strict 6-month deadline – much shorter than the standard 2-year statute of limitations. Damage caps may also apply. Ralph Manginello’s 25+ years of experience includes litigating against governmental bodies. Call 1-888-ATTY-911 immediately as these deadlines are absolute.
41. What if I’m an undocumented immigrant—can I still file a claim?
YES. In Texas, your immigration status does NOT affect your right to seek compensation for injuries caused by someone else’s negligence. You are entitled to the same legal protections and opportunities for recovery as any other resident. Your case is confidential. We have successfully represented clients of all immigration statuses. Lupe is fluent in Spanish (Hablamos Español), ensuring no language barrier exists to protect your rights and privacy.
42. What if the other driver died in the accident?
The death of the at-fault driver does not eliminate your right to pursue a claim. You can still file a claim against their estate and their insurance policy. While emotionally complex, these cases are legally straightforward. We handle such sensitive situations with compassion while diligently protecting your right to compensation.
Choose Attorney911: Your Trusted Advocate in Ellis County
When you’re reeling from an unexpected car accident in Ellis County—hurt, confused, and facing aggressive insurance companies—you need responsive, decisive, and knowledgeable legal representation. You need Attorney911.
We are a law firm built on more than 25 years of relentless advocacy for Texans like you. With offices strategically located in Houston, Austin, and Beaumont, we serve clients across all of Texas, including Ellis County. Our commitment to securing multi-million dollar results for our clients is matched only by our dedication to personal attention. Here, you’re not just a case number, you’re family. As Glenda Walker shared, “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.”
What truly differentiates us is our unparalleled insider understanding of the insurance industry, thanks to attorneys like Lupe Peña, who previously worked for national defense firms. We know their tactics, their valuation methods, and their weaknesses because Lupe used to be one of them. Now, that expertise is your unfair advantage.
Every delay after an accident can jeopardize your claim. Evidence disappears, memories fade, and insurance companies are actively building their case against you. Don’t let precious time slip away.
Call Attorney911 RIGHT NOW. Our emergency legal hotline is ready to take your call 24/7.
1-888-ATTY-911 (1-888-288-9911)
Your initial consultation is free, and there’s no obligation. We work on a contingency fee basis; “We don’t get paid unless we win your case.” Se habla español. Let us put our experience, our insider knowledge, and our unwavering dedication to work for you in Ellis County.
The Manginello Law Firm, PLLC | Principal Office: Houston, Texas

