Motor Vehicle Accident Lawyers in Hereford, Deaf Smith County, Texas
If you’ve been injured in a car accident in Hereford or anywhere in Deaf Smith County, Texas, you’re not alone. Every 57 seconds, another motor vehicle crash occurs somewhere in Texas, leaving victims overwhelmed, injured, and uncertain about what to do next. At Attorney911, we understand the physical pain, emotional stress, and financial uncertainty you’re facing. With over 25 years of experience fighting for accident victims across Texas, our team is here to guide you through this difficult time and fight for the compensation you deserve.
Hereford and the surrounding Deaf Smith County area see their share of traffic accidents, from collisions on US Highway 60 to crashes at busy intersections like 15th Street and Avenue D. Whether you were rear-ended on I-40, involved in a drunk driving accident on a Friday night, or struck by a distracted driver in downtown Hereford, our experienced attorneys know how to build a strong case and hold negligent drivers accountable.
The Reality of Car Accidents in Hereford and Deaf Smith County
Texas consistently ranks among the most dangerous states for motor vehicle accidents, and Deaf Smith County is no exception. In 2024 alone, Texas saw:
- 251,977 people injured in motor vehicle crashes
- 1 crash every 57 seconds
- 1 person injured every 2 minutes and 5 seconds
- 4,150 fatalities from vehicle accidents
These statistics aren’t just numbers – they represent real people whose lives were changed in an instant. If you’re reading this after an accident in Hereford, you’re now part of this unfortunate statistic. But with Attorney911 on your side, you can take control of your situation and fight for the justice you deserve.
Why Hereford Accident Victims Choose Attorney911
When you’re injured in a car accident in Deaf Smith County, you need more than just a lawyer – you need a legal team with deep Texas roots, proven results, and insider knowledge of how insurance companies operate. Here’s what sets Attorney911 apart:
1. Insurance Defense Insider Knowledge
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
This unique advantage means we know exactly how insurance companies try to minimize your claim because we used to work for them. Lupe Peña spent years calculating claim values, deploying delay tactics, and building cases against accident victims – just like you. Now, he uses that insider knowledge to fight FOR you, not against you.
2. Multi-Million Dollar Results for Texas Accident Victims
Our track record speaks for itself:
“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.”
“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”
“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.”
We don’t just claim to get results – we prove it with documented case outcomes that show our commitment to fighting for maximum compensation.
3. Federal Court Experience for Complex Cases
Ralph Manginello, our founding attorney, is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission is crucial for handling complex motor vehicle accident cases, especially those involving:
- Commercial trucking accidents with FMCSA violations
- Cases against out-of-state defendants
- Product liability claims (like defective vehicle parts)
- Cases with multiple liable parties
Our firm was also one of the few selected to participate in the BP Texas City explosion litigation – experience that demonstrates our capability to take on billion-dollar corporations and win.
4. Personal Attention You Won’t Find at Big Firms
At Attorney911, you’re not just another case number. Our clients consistently praise the personal attention they receive:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad Harris
“I never felt like ‘just another case’ they were working on.” – Ambur Hamilton
“Consistent communication and not one time did I call and not get a clear answer…Ralph reached out personally.” – Dame Haskett
When you call our legal emergency line at 1-888-ATTY-911, you’ll speak directly with our team, not a call center. We make ourselves available to answer your questions and guide you through every step of the process.
5. No Fee Unless We Win – Zero Financial Risk to You
We understand that accident victims often face mounting medical bills and lost wages. That’s why we work on a contingency fee basis:
- Free initial consultation
- No upfront costs
- We advance all case expenses
- You pay nothing unless we recover compensation for you
This means you can get experienced legal representation without adding to your financial stress.
Common Types of Motor Vehicle Accidents in Hereford and Deaf Smith County
Hereford and the surrounding area experience a variety of motor vehicle accidents. Our firm handles all types of cases, including:
Car Accidents (Tier 1 – Most Common)
Car accidents are the most common type of motor vehicle collision in Deaf Smith County. Whether you were involved in a rear-end collision on US Highway 60, a T-bone accident at the intersection of 15th Street and Avenue D, or a single-vehicle crash on FM 1055, our experienced attorneys can help.
Common causes of car accidents in Hereford:
- Distracted driving (texting, phone use, eating)
- Speeding (especially on rural roads and highways)
- Failure to yield right of way
- Running red lights or stop signs
- Following too closely
- Drunk or drugged driving
- Poor weather conditions (ice, fog, rain)
- Vehicle defects or maintenance issues
Common injuries from car accidents:
- Whiplash and other soft tissue injuries
- Herniated or bulging discs
- Broken bones and fractures
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Internal organ damage
- Cuts, lacerations, and scarring
- Psychological trauma (PTSD, anxiety, depression)
Attorney911 case result:
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
What this means for Hereford accident victims:
This case demonstrates our ability to handle complex car accident cases that result in severe, life-changing injuries. Even when complications arise during treatment, we fight for full compensation that accounts for all your damages – both current and future.
Client testimonial:
“I was rear-ended and the team got right to work…I also got a very nice settlement.” – MONGO SLADE
18-Wheeler and Commercial Truck Accidents (Tier 1 – Highest Value)
With US Highway 60 and I-40 running through the region, Hereford and Deaf Smith County see significant commercial truck traffic. These massive vehicles – often weighing 80,000 pounds or more – create catastrophic damage when involved in accidents.
Texas trucking accident statistics (2024):
- 39,393 commercial motor vehicle crashes
- 608 trucking fatalities
- 1,601 serious injuries
- Texas accounts for 11% of ALL fatal truck crashes nationwide
- 549 fatal truck accidents resulted in 620 deaths
Why trucking accidents are more complex:
- Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
- Federal regulations (FMCSA Hours of Service rules, ELD requirements)
- Higher insurance policy limits ($750,000 to $5,000,000+)
- More severe injuries due to size disparity
- Electronic data that must be preserved quickly
FMCSA regulations we investigate:
- Hours of Service (HOS) violations
- Electronic Logging Device (ELD) data
- Driver qualification and training records
- Vehicle maintenance and inspection records
- Drug and alcohol testing results
Attorney911 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.”
Nuclear verdicts in Texas trucking cases:
- 2024 Oncor Electric: $37.5 million verdict (distracted truck driver)
- 2024 New Prime I-35 pileup: $44.1 million verdict (6 deaths)
- 2024 Ben E. Keith (Fort Worth): $35 million settlement
- 2024 Lopez v. All Points 360 (Amazon): $105 million verdict
Why this matters for Hereford truck accident victims:
These nuclear verdicts show that juries hold trucking companies accountable when they prioritize profits over safety. Insurance companies know this and are more likely to offer fair settlements when they see we’re prepared to take a case to trial.
Evidence preservation urgency:
- ELD/black box data can be overwritten in 30-180 days
- Surveillance footage from nearby businesses deleted in 7-30 days
- Witness memories fade quickly
- Trucking companies may “lose” maintenance records
Call Attorney911 immediately at 1-888-ATTY-911 if you’ve been involved in a truck accident in Hereford or Deaf Smith County.
Drunk Driving Accidents (Tier 1 – Punitive Damages Available)
Drunk driving accidents are 100% preventable, yet they continue to devastate families across Texas. In 2024, alcohol-impaired driving caused:
- 1,053 deaths in Texas (25.37% of all traffic fatalities)
- Over 24,000 DWI-related crashes
- 1 death every 39 minutes nationally
Texas Dram Shop Liability (TABC § 2.02):
Bars, restaurants, and other establishments can be held liable if they serve alcohol to someone who is “obviously intoxicated” and that person then causes an accident. This means you may have claims against both the drunk driver AND the establishment that over-served them.
Signs of obvious intoxication:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Impaired coordination
- Aggressive or erratic behavior
- Strong odor of alcohol
Potentially liable parties in drunk driving cases:
- The drunk driver
- Bars and nightclubs
- Restaurants serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Social hosts (limited circumstances)
Why drunk driving cases are higher value:
- Punitive damages available for gross negligence
- Multiple defendants (driver + establishment)
- Criminal case can strengthen civil case
- Insurance companies often settle quickly to avoid bad publicity
Attorney911’s criminal defense advantage:
Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), giving us unique insight into both the criminal and civil aspects of DWI cases. We’ve successfully handled DWI cases that demonstrate our investigation skills:
“Our client was charged with drunk driving based on a breath test. Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines. The charges were dismissed.”
“Our client drove home at 2:30 a.m., hit a curb and rolled his car, injuring a passenger. We learned that 1) police conducted no breath or blood test, 2) EMS didn’t note intoxication, 3) nurse notes from hospital were missing. Case dismissed on day of trial.”
“Our client was charged with DUI/DWI, state’s primary evidence was video field sobriety test. We succeeded in having case dismissed because our client did not appear drunk in the video.”
What this means for Hereford drunk driving victims:
These cases show our ability to thoroughly investigate accidents and uncover evidence that can make or break a case. When you’re injured by a drunk driver, you need attorneys who know how to build a strong case against both the driver and any establishment that contributed to their intoxication.
Motorcycle Accidents (Tier 2 – Common in Deaf Smith County)
Motorcycle accidents often result in catastrophic injuries due to the lack of protection for riders. In 2024, Texas saw:
- 585 motorcyclist fatalities
- 37% of those killed were not wearing helmets
- 90%+ of fatal victims were male
- Helmets reduce the risk of death by 37%
Texas helmet law:
- Required for all riders under 21
- Riders 21+ may ride without a helmet IF they’ve completed an approved safety course OR have $10,000+ in medical insurance
High-crash areas in Deaf Smith County:
- US Highway 60 (high-speed rural riding)
- I-40 (interstate traffic mixing with local riders)
- FM 1055 (scenic but dangerous curves)
- Downtown Hereford (urban riding with distracted drivers)
Common causes of motorcycle accidents:
- Failure to yield right of way (most common)
- Driver inattention/distraction
- Unsafe lane changes
- Left-turn accidents (T-bone/head-on)
- Speeding/reckless driving
- Poor road conditions
Texas 51% bar rule is critical for motorcyclists:
Insurance companies almost always try to blame motorcyclists for accidents, even when the other driver is clearly at fault. The Texas comparative negligence rule means:
- If you’re 50% or less at fault, you can recover damages (reduced by your percentage of fault)
- If you’re 51% or more at fault, you recover NOTHING
How Attorney911 counters comparative fault arguments:
Lupe Peña spent years making these exact arguments for insurance companies – now he knows how to defeat them. We gather evidence to prove the other driver’s fault, including:
- Accident reconstruction reports
- Witness statements
- Traffic camera footage
- Police reports
- Expert testimony
Pedestrian Accidents (Tier 2 – Vulnerable Road Users)
Pedestrians are among the most vulnerable road users, with little protection against vehicles. In 2024, Texas saw:
- 6,095 pedestrian crashes
- 768 pedestrian fatalities
- Pedestrians account for just 1% of crashes but 19% of ALL roadway deaths
Critical legal point for Hereford pedestrians:
Pedestrians ALWAYS have the right-of-way at intersections under Texas law – even at unmarked crosswalks. Many drivers don’t know this, and insurance companies won’t tell you. Anytime there’s an intersection of two streets, the distance between them is considered a crosswalk, even if it’s not painted on the road.
Common pedestrian accident locations in Hereford:
- Downtown intersections (15th & Avenue D, 14th & Main)
- School zones (Hereford ISD campuses)
- Parking lots (Walmart, United Supermarkets)
- Residential neighborhoods
- Rural roads without sidewalks
Common injuries in pedestrian accidents:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Broken pelvis and legs
- Internal organ damage
- Severe lacerations and scarring
- Fatalities
Why pedestrian cases can be complex:
- Insurance companies often blame pedestrians for “not being visible”
- Comparative negligence arguments are common
- Multiple liable parties may be involved (driver, government entity for poor road design, etc.)
- Severe injuries often result in high medical bills and long-term care needs
Rideshare Accidents (Uber/Lyft) (Tier 2 – Growing Problem)
Rideshare services like Uber and Lyft have become common in Hereford, especially around events at the Deaf Smith County Event Center or when students are home from college. These accidents present unique insurance challenges.
Rideshare industry scale (2024):
- 11 billion trips in the US since 2010
- 17.4 million Uber trips daily
- 118 million Uber users worldwide
Critical: Rideshare Insurance Phases
The amount of insurance coverage available depends on what the driver was doing at the time of the accident:
| Phase | Driver Status | Coverage Available |
|---|---|---|
| Period 0 – Offline | App off, personal use | Personal insurance only ($30K/$60K/$25K minimum in Texas) |
| Period 1 – Waiting | App on, no ride request | Contingent coverage: $50K/$100K/$25K |
| Period 2 – Accepted | Ride accepted, en route to pickup | Full commercial: $1,000,000 liability |
| Period 3 – Transporting | Passenger in vehicle | Full commercial: $1,000,000 liability |
Why this matters for Hereford rideshare accident victims:
Insurance coverage varies DRAMATICALLY based on what the driver was doing at the exact moment of the crash. This complexity is why you need an attorney who understands rideshare insurance – and Lupe Peña’s experience with insurance companies is invaluable here.
Who can be injured in rideshare accidents:
- 21% Riders
- 21% Drivers
- 58% Third parties (other drivers, pedestrians, passengers in other vehicles)
Hit and Run Accidents (Tier 2 – Evidence Disappears Quickly)
Hit and run accidents are particularly frustrating because the at-fault driver flees the scene. In Texas:
- A hit and run occurs every 43 seconds
- Many victims assume they have no recourse
- Your own uninsured/underinsured motorist (UM/UIM) coverage can help
Texas hit and run penalties (Texas Transportation Code § 550.021):
| Severity | Charge | Penalty |
|---|---|---|
| Death | 2nd Degree Felony | 2-20 years prison, up to $10,000 fine |
| Serious Bodily Injury | 3rd Degree Felony | 2-10 years prison, up to $10,000 fine |
| Minor Injury | State Jail Felony | Up to 5 years, up to $5,000 fine |
| Property Damage ≥$200 | Class B Misdemeanor | Up to 6 months jail, up to $2,000 fine |
UM/UIM coverage is critical in hit and run cases:
- Your own UM/UIM coverage pays when the at-fault driver is unidentified or uninsured
- Texas allows inter-policy stacking (combining coverage from multiple vehicles)
- Standard UM/UIM deductible is $250
Evidence preservation urgency:
- Surveillance footage from nearby businesses is typically deleted within 7-30 days
- Witnesses disperse quickly and memories fade
- Physical evidence at the scene disappears
- The longer you wait, the harder it becomes to identify the at-fault driver
What Attorney911 does for hit and run victims:
- Immediately sends preservation letters to nearby businesses to secure surveillance footage
- Canvasses the accident scene for witnesses and cameras
- Works with law enforcement to identify the at-fault driver
- Maximizes your UM/UIM coverage recovery
Call Attorney911 immediately at 1-888-ATTY-911 if you’re the victim of a hit and run accident in Hereford or Deaf Smith County.
Other Accident Types We Handle in Hereford
Bicycle Accidents:
- 78 cyclist fatalities in Texas (2024)
- Hereford’s rural roads and urban areas both present dangers
- Insurance companies often blame cyclists – we fight back
Bus Accidents:
- 1,110 bus accidents in Texas (2024)
- School bus accidents, city buses, and private shuttles
- Government entities may be liable – special notice requirements apply
Work Zone Accidents:
- Nearly 28,000 crashes in Texas work zones (2024)
- 215 deaths (12% increase over previous year)
- Construction zones on US Highway 60 and I-40 are particularly dangerous
Wrongful Death:
- When an accident results in fatality, surviving family members can pursue both wrongful death and survival action claims
- We’ve helped numerous families recover millions in compensation
Delivery Vehicle Accidents (Amazon, FedEx, UPS):
- Amazon DSP drivers are involved in an increasing number of accidents
- 1,879 crashes involving Amazon-related motor carriers in 24 months
- Complex liability issues with multiple potentially responsible parties
E-Scooter/E-Bike Accidents:
- Growing problem as these vehicles become more common
- Complex liability issues involving riders, drivers, and municipalities
Boat/Maritime Accidents:
- Relevant for Hereford residents who enjoy nearby lakes
- Different laws apply to boating accidents
“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.”
What to Do Immediately After an Accident in Hereford
If you’ve been involved in a motor vehicle accident in Hereford or Deaf Smith County, what you do in the first 48 hours can make or break your case. Follow this protocol:
Hour 1-6 (Immediate Crisis):
✅ Safety First: If you can move safely, get to a secure location away from traffic
✅ Call 911: Report the accident, request medical assistance if anyone is injured
✅ Medical Attention: If injured, get to Hereford Regional Medical Center or another local hospital immediately. Adrenaline masks injuries – you may be hurt and not know it yet
✅ Document Everything:
- Take photos of ALL vehicle damage (every angle)
- Photograph the accident scene, road conditions, traffic signals
- Take photos of visible injuries
- Screenshot any messages visible on your phone (do NOT delete anything)
✅ Exchange Information:
- Other driver’s name, phone, address
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, color
✅ Witnesses:
- Get names and phone numbers of any witnesses
- Ask if they saw what happened
- Record their statements if possible
✅ Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company
Hour 6-24 (Evidence Preservation):
✅ Digital Preservation:
- Preserve all texts, calls, photos, videos related to the accident
- Do NOT delete anything from your phone
- Screenshot everything relevant
- Email copies to yourself for backup
✅ Physical Evidence:
- Secure damaged clothing, glasses, personal items
- Keep receipts for any expenses (towing, rental car, medications)
- Do NOT repair your vehicle yet – preserve the damage
✅ Medical Records:
- Request copies of all ER/hospital records from Hereford Regional Medical Center or other facilities
- Keep all discharge paperwork
- Follow up with your primary care physician within 24-48 hours
✅ Insurance Communications:
- Note any calls from insurance companies
- Do NOT give recorded statements yet
- Do NOT sign anything
- Do NOT accept any settlement offers
- Say: “I need to speak with my attorney first”
✅ Social Media:
- Make ALL profiles private immediately
- Do NOT post about the accident
- Do NOT post photos of injuries or activities
- Tell friends/family not to tag you in posts
Hour 24-48 (Strategic Decisions):
✅ Legal Consultation:
- Speak with experienced motor vehicle accident attorney
- Call Attorney911: 1-888-ATTY-911 for free consultation
- Have your documentation ready
✅ Insurance Response:
- If insurance contacts you, refer them to your attorney
- Say: “My attorney will be in touch with you”
- Provide only basic information: name, date of accident, that you were involved
✅ Settlement Offers:
- Do NOT accept or sign anything without lawyer review
- Early offers are ALWAYS lowball offers
- You don’t know extent of your injuries yet
✅ Evidence Backup:
- Upload all screenshots and photos to cloud storage
- Email copies to yourself and family member
- Create written timeline of events while memory is fresh
Week One Priorities:
✅ Medical Follow-Up:
- Continue documenting all injuries
- See specialists if recommended
- Follow ALL doctor recommendations (insurance watches for gaps)
- Get written work restrictions if needed
✅ Investigation Begins:
- Attorney obtains police report
- Preservation letters sent to all parties
- Surveillance footage secured before deletion
- Witness statements recorded
✅ Communication:
- Attorney handles ALL insurance communication
- You focus on recovery
- Document any pressure from insurance or other parties
Why Evidence Disappears So Quickly
One of the most important reasons to call Attorney911 immediately is that critical evidence disappears on a predictable schedule:
Day 1-7:
- Witness memories peak then begin fading immediately
- Witnesses become harder to locate as days pass
- Details are forgotten or become uncertain
- Physical evidence: Skid marks fade, debris is cleared, accident scene is cleaned
Day 7-30:
- Surveillance footage DELETED:
- Gas stations: 7-14 days typical
- Retail stores: 30 days typical
- Ring doorbells: 30-60 days
- Traffic cameras: 30 days
- Once deleted = GONE FOREVER – cannot be recovered
- Witnesses: Change jobs, move, become unreachable
- Scene changes: Road repairs, new striping, traffic signals adjusted
Month 1-2:
- Insurance companies solidify defense position
- Adjusters have built their file against you
- Settlement position hardens
- Vehicle repairs: Evidence from vehicles is destroyed once repaired
Month 2-6:
- Trucking electronic data DELETED:
- ELD (Electronic Logging Device) data: 30-180 days retention
- Black box data: Can be automatically overwritten
- GPS/telematics: Varies by company
- Cell phone records: Harder to obtain as time passes
- Social media: Posts deleted, accounts deactivated
Month 6-12:
- Witnesses: Graduate, move away, memory severely degraded
- Medical evidence: Harder to link injuries to accident
- Treatment gaps: Used against you by insurance
- Financial desperation: Mounting bills make you vulnerable
Month 12-24:
- Approaching statute of limitations
- Creates pressure to settle (insurance knows you’re desperate)
- Evidence severely degraded
- Case value diminished
Texas Motor Vehicle Law You Need to Know
Statute of Limitations (2 Years – Absolute Deadline)
In Texas, you have 2 years from the date of your accident to file a personal injury lawsuit. This deadline is absolute – miss it, and your case is barred forever. There are very limited exceptions:
- Discovery Rule: In rare cases, the 2-year clock may start later if the injury wasn’t immediately discoverable
- Minor Children: The clock doesn’t start until the child turns 18
- Government Claims: Special notice requirements (often 6 months)
Why this matters for Hereford accident victims:
Insurance companies know about this deadline and will use it against you. They may delay your case, hoping you’ll miss the deadline. Don’t let them take advantage of you – call Attorney911 as soon as possible.
Comparative Negligence (51% Bar Rule)
Texas uses a “modified comparative negligence” system with a 51% bar:
- 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
Examples:
| Your Fault % | Case Value | Your Recovery |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 10% | $100,000 | $90,000 |
| 25% | $250,000 | $187,500 |
| 40% | $500,000 | $300,000 |
| 50% | $500,000 | $250,000 |
| 51% | $500,000 | $0 |
Why this matters:
Insurance companies ALWAYS try to assign maximum fault to you to reduce their payment. Even small fault percentages can cost you thousands:
- 10% fault on $100,000 case = $10,000 less for you
- 25% fault on $250,000 case = $62,500 less for you
- 40% fault on $500,000 case = $200,000 less for you
How Attorney911 counters comparative fault arguments:
Lupe Peña spent years making these exact arguments for insurance companies – now he knows how to defeat them. We gather evidence to prove the other driver’s fault, including:
- Accident reconstruction reports
- Witness statements
- Traffic camera footage
- Police reports
- Expert testimony
Texas Minimum Auto Insurance Requirements
Texas requires all drivers to carry minimum insurance coverage:
| Coverage | Minimum Required |
|---|---|
| Bodily Injury – Per Person | $30,000 |
| Bodily Injury – Per Accident | $60,000 |
| Property Damage – Per Accident | $25,000 |
Uninsured Motorist Statistics:
- Approximately 15.4% of US motorists are uninsured (about 1 in 7 drivers)
- Your own Uninsured/Underinsured Motorist (UM/UIM) coverage is critical for protection
- Texas allows inter-policy stacking (combining coverage from multiple vehicles)
How Insurance Companies Try to Cheat You
Insurance companies are not on your side. Their goal is to pay you as little as possible – or nothing at all. Here’s how they try to cheat accident victims in Hereford and Deaf Smith County:
Tactic #1: Quick Contact & Recorded Statement Trap
What they do:
Within hours or days of your accident, an insurance adjuster will contact you. They’ll sound friendly and helpful, saying things like:
- “We just want to help you”
- “We need to get your side of the story”
- “This is routine, everyone does this”
- “It’ll only take a few minutes”
What they’re really doing:
They’re building their defense against you with carefully crafted questions designed to get you to say things that hurt your case:
| Question They Ask | What They Want You to Say |
|---|---|
| “You’re feeling better now though, right?” | Trap you into saying you’re improving |
| “It wasn’t that bad of an impact, was it?” | Minimize collision severity |
| “You were able to walk away from the scene?” | Suggest injuries aren’t serious |
| “Were you distracted at all?” | Get you to admit distraction |
| “How fast were you going?” | Hope you overestimate or say “I don’t know” |
Everything you say is documented, recorded, transcribed, and WILL be used against you. You cannot take it back.
The truth:
- You are NOT required to give a recorded statement to the other driver’s insurance
- Giving a statement without an attorney ALMOST ALWAYS hurts your case
- Insurance companies know this – that’s why they push so hard
How Attorney911 counters:
Once you hire us, we become your voice. We handle all communication with insurance companies so you don’t have to worry about saying the wrong thing.
Tactic #2: Quick Settlement Offer (Weeks 1-3)
What they do:
Within days or weeks of your accident, the insurance company will offer you quick money:
- Typical offers: $2,000-$5,000
- Sometimes $10,000-$15,000 if they’re scared
- Sounds good when you have zero money and mounting bills
They create artificial urgency:
- “This offer expires in 48 hours”
- “I can only get approval for this amount right now”
- “Take it or leave it”
- “This is our final offer” (it’s not)
The trap:
You don’t know the full extent of your injuries yet. Consider this real scenario:
| What Happens | Result |
|---|---|
| Day 3: Insurance offers $3,500 “final settlement” | You’re desperate, in pain, scared |
| You sign the release | You think it’s over |
| Week 6: MRI shows herniated disc requiring surgery | Surgery costs $100,000 |
| TOO LATE | You signed release, can’t reopen claim |
| You pay $100,000 out of pocket | Insurance pays nothing more |
The release is permanent and final. Once you sign it, you’re done.
How Attorney911 counters:
We NEVER settle before you’ve reached Maximum Medical Improvement (MMI) – the point where you’ve recovered as much as you’re going to. This could be 6 months, 12 months, or even longer for serious injuries. We know these early offers are always lowball – Lupe used to calculate them.
Tactic #3: “Independent” Medical Exam (IME) Scheme
What they call it:
“Independent Medical Examination” (IME)
What it really is:
An insurance company-hired doctor whose job is to minimize your injuries.
How insurance companies choose IME doctors:
They select doctors based on:
- Who gives insurance-favorable reports (not who’s most qualified)
- Doctors who consistently find “no injury” or “pre-existing condition”
- Doctors paid THOUSANDS by insurance companies ($2,000-$5,000 per exam)
- Repeat business = repeat favorable reports
What happens at an IME:
- 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation)
- Rarely review your complete medical records beforehand
- Ask questions designed to get you to say “I’m feeling better”
- Look for ANY reason to minimize your injuries
Common IME doctor findings:
| What They Say | What It Means |
|---|---|
| “Patient has pre-existing degenerative changes” | Everyone over 40 has some arthritis – used to deny claims |
| “Injuries consistent with minor trauma” | Minimizes your pain and suffering |
| “Patient can return to full duty work” | Eliminates lost wage claims |
| “Treatment has been excessive” | Attacks your treating doctors |
| “Subjective complaints out of proportion to objective findings” | Medical speak for calling you a LIAR |
How Attorney911 counters:
- We prepare you extensively before the exam
- We send your complete medical records to the IME doctor first (forcing them to review)
- We challenge biased IME reports with our own medical experts
- Lupe knows these specific doctors and their biases – he hired them for years
Tactic #4: Delay and Financial Pressure
What they do:
They drag your case out, hoping you’ll get desperate and accept less:
- “Still investigating your claim”
- “Waiting for medical records” (that we sent months ago)
- “Reviewing your file”
- “Need additional information”
- Ignore calls and emails
- Take weeks to respond to simple questions
Why delay works (on people without attorneys):
Insurance Companies Have:
- Unlimited time
- Unlimited resources
- No financial pressure
- Earning interest on YOUR settlement money while delaying
You Have:
- Mounting bills
- Zero income
- Creditors threatening
- Need money NOW
Financial desperation makes you accept less:
- Month 1: You’d reject $5,000 offer
- Month 6: You’d seriously consider $5,000
- Month 12: You’d BEG for $5,000 just to end the nightmare
How Attorney911 counters:
- We file a lawsuit to force deadlines
- We set depositions, making them produce witnesses
- We prepare for trial, showing we’re serious
- Lupe understands delay tactics because he used them – he knows when to push
Tactic #5: Surveillance and Social Media Monitoring
What they do:
Insurance companies hire private investigators to:
- Video you doing daily activities
- Film from public places (your driveway, street, stores)
- Follow you to appointments, errands, social activities
- Look for ANY activity that contradicts your injury claims
- One video of you bending over = “Not really injured”
They monitor ALL your social media:
- Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
- Screenshot EVERYTHING: photos, posts, check-ins, comments, likes
- Monitor your friends’ profiles for posts mentioning you
- Use facial recognition to find photos you’re tagged in
- Archive your entire social media history
Examples we’ve defended against:
| Example | What Happened | Insurance Claimed | Reality |
|---|---|---|---|
| Old Photo | Gym photo from 3 YEARS AGO | Presented as recent, contradicts injury | We proved metadata was pre-accident |
| Restaurant Check-in | Facebook check-in at restaurant | “Partying and having fun” | Sitting quietly having dinner |
| Friend’s Comment | Friend posted “Had fun yesterday!” | Evidence of non-injury | Client was resting at home |
| Walking Dog | Video of client walking dog slowly | “Not disabled” | Doctor RECOMMENDED short walks |
| Smiling in Photo | Family photo smiling | “Not in pain – she’s smiling!” | Everyone smiles for photos |
7 Rules for Clients:
- Make ALL profiles private immediately
- DON’T post about accident, injuries, activities, emotions, case
- DON’T check in anywhere
- Tell friends/family: don’t tag, don’t post about you
- Don’t accept friend requests from strangers (fake profiles)
- BEST: Stay off social media entirely during your case
- Assume EVERYTHING is being monitored
Lupe’s insider quote:
“I’ve reviewed hundreds of surveillance videos and social media posts as defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life – they’re building ammunition against you.”
Tactic #6: Comparative Fault Arguments
What they do:
They try to assign you MAXIMUM fault to reduce their payment:
- “You were speeding” (without evidence)
- “You weren’t paying attention” (speculation)
- “You could have avoided this” (hindsight bias)
- “You were distracted” (guessing)
- “You contributed to this accident” (shifting blame)
Why they do this:
Texas’s 51% bar rule means:
- If you’re 51%+ at fault → You get NOTHING
- If you’re 50% or less at fault → Your damages are reduced by your percentage
Even small fault percentages cost thousands:
- 10% fault on $100,000 case = $10,000 less for you
- 25% fault on $250,000 case = $62,500 less for you
- 40% fault on $500,000 case = $200,000 less for you
How Attorney911 counters:
We conduct an aggressive liability investigation:
- Accident reconstruction to prove the other driver’s fault
- Witness statements supporting your version
- Police report analysis emphasizing citations
- Expert testimony on perception-reaction time
- Lupe knows their fault arguments because he made them for years – now he defeats them
How Colossus Software Really Values Your Claim
Most insurance companies use a computerized system called Colossus to calculate claim values. Here’s how it really works:
How Colossus Works:
- Data Entry: Adjuster inputs injury codes, treatment types, medical costs, lost wages, jurisdiction
- Coding: Your injuries are coded using standardized medical terms
- Calculation: Software applies algorithms to determine “value”
- Range Output: System provides recommended settlement range
- Authority: Adjuster typically cannot exceed this range without supervisor approval
How Insurance Manipulates Colossus:
| Manipulation | Effect |
|---|---|
| Low Injury Codes | “Soft tissue strain” instead of “disc herniation” reduces value 50-100% |
| Excessive Treatment Flags | Therapy beyond “normal” range triggers reduction |
| Conservative Treatment Penalty | Chiropractic valued less than MD treatment |
| Pre-Existing Reduction | Any prior condition used to reduce value |
| Jurisdiction Factor | Low-verdict counties get lower values |
Why Lupe’s Experience Matters:
- He knows how to code injuries properly for maximum value
- He knows which medical terms trigger higher valuations
- He knows when Colossus output is artificially low
- He knows how to present records to beat the algorithm
- He worked with these systems for years as a defense attorney
What You Can Recover: Damages in Texas Motor Vehicle Accident Cases
If you’ve been injured in a motor vehicle accident in Hereford or Deaf Smith County, you may be entitled to compensation for:
Economic Damages (No Cap in Texas):
| Damage Type | What It Covers |
|---|---|
| Medical Expenses (Past) | ER visits, hospital stays, surgeries, doctor visits, physical therapy, medications, medical equipment |
| Medical Expenses (Future) | Ongoing treatment, future surgeries, lifetime medications, long-term care |
| Lost Wages (Past) | Income lost from date of accident to present |
| Lost Earning Capacity (Future) | Reduced ability to earn income in the future |
| Property Damage | Vehicle repair or replacement, personal property (phone, glasses, etc.) |
| Out-of-Pocket Expenses | Transportation to medical appointments, home modifications, household help |
Non-Economic Damages (No Cap Except Medical Malpractice):
| Damage Type | What It Covers |
|---|---|
| Pain and Suffering | Physical pain from injuries, both past and future |
| Mental Anguish | Emotional distress, anxiety, depression, fear, PTSD |
| Physical Impairment | Loss of physical function, disability, limitations |
| Disfigurement | Scarring, permanent visible injuries affecting appearance |
| Loss of Consortium | Impact on marriage/family relationships, loss of companionship |
| Loss of Enjoyment of Life | Inability to participate in activities you previously enjoyed |
Punitive/Exemplary Damages (Capped):
- Available for gross negligence, fraud, or malice
- Drunk driving cases often qualify
- Cap: Greater of $200,000 OR (2x economic + 1x non-economic max $750,000)
- Purpose: Punish defendant and deter similar conduct
Settlement Ranges by Injury Type
Soft Tissue Injuries (Whiplash, Sprains, Strains):
Medical Treatment:
- Emergency room: $2,000-$5,000
- Follow-up doctor visits: $1,000-$3,000
- Physical therapy (6-12 weeks): $3,000-$7,000
- Medications: $300-$1,000
- Total Medical: $6,000-$16,000
Lost Wages: $2,000-$10,000 (2-6 weeks missed work)
Pain & Suffering: $8,000-$35,000
SETTLEMENT RANGE: $15,000-$60,000
Higher if: Permanent pain, restrictions on activities, chronic condition develops
Broken Bone (Single, Simple Fracture):
Medical Treatment:
- Emergency room and X-rays: $3,000-$6,000
- Orthopedic consultation: $500-$1,500
- Casting and follow-up: $2,000-$5,000
- Physical therapy: $3,000-$8,000
- Total Medical: $10,000-$20,000
Lost Wages: $5,000-$15,000 (4-8 weeks missed work)
Pain & Suffering: $20,000-$60,000
SETTLEMENT RANGE: $35,000-$95,000
Broken Bone (Requiring Surgery – ORIF):
Medical Treatment:
- Emergency room: $5,000-$10,000
- Surgery (Open Reduction Internal Fixation): $25,000-$50,000
- Hospital stay (2-3 days): $6,000-$15,000
- Follow-up care: $3,000-$8,000
- Physical therapy (3-6 months): $8,000-$15,000
- Total Medical: $47,000-$98,000
Lost Wages: $10,000-$30,000 (3-6 months)
Pain & Suffering: $75,000-$200,000
SETTLEMENT RANGE: $132,000-$328,000
Herniated Disc (Conservative Treatment):
Medical Treatment:
- Emergency room and initial treatment: $3,000-$6,000
- MRI: $2,000-$4,000
- Physician visits and pain management: $5,000-$12,000
- Physical therapy (3-6 months): $8,000-$15,000
- Epidural steroid injections (series of 3): $3,000-$6,000
- Medications: $1,000-$3,000
- Total Medical: $22,000-$46,000
Lost Wages: $8,000-$25,000
Pain & Suffering: $40,000-$100,000
SETTLEMENT RANGE: $70,000-$171,000
Herniated Disc (Surgery Required):
Medical Treatment:
- Initial treatment and diagnostics: $8,000-$15,000
- Failed conservative treatment: $10,000-$20,000
- Spinal surgery (microdiscectomy or fusion): $50,000-$100,000
- Hospital stay: $8,000-$20,000
- Post-surgical care and follow-up: $5,000-$15,000
- Physical therapy (6-12 months): $10,000-$20,000
- Pain management: $5,000-$15,000
- Total Past Medical: $96,000-$205,000
Future Medical: $30,000-$100,000 (ongoing pain management, possible revision surgery)
Lost Wages: $20,000-$50,000 (6-12 months recovery)
Lost Earning Capacity: $50,000-$400,000 (if you can’t return to physical job)
Pain & Suffering: $150,000-$450,000
SETTLEMENT RANGE: $346,000-$1,205,000
Traumatic Brain Injury (Moderate to Severe):
Medical Treatment:
- Emergency room and trauma care: $10,000-$30,000
- Hospital/ICU stay (1-4 weeks): $50,000-$200,000
- Neurosurgery if required: $75,000-$200,000
- Acute rehabilitation facility: $30,000-$100,000
- Neurologist follow-up care: $10,000-$30,000
- Neuropsychological testing: $3,000-$8,000
- Cognitive therapy: $15,000-$50,000
- Medications: $5,000-$20,000
- Total Past Medical: $198,000-$638,000
Future Medical (Life Care Plan): $300,000-$3,000,000+ depending on severity
Lost Wages: $50,000-$200,000
Lost Earning Capacity: $500,000-$3,000,000+
Pain & Suffering: $500,000-$3,000,000+
SETTLEMENT RANGE: $1,548,000-$9,838,000
Attorney911 Documented Result:
“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”
Spinal Cord Injury / Paralysis:
Lifetime Care Costs by Level:
| Injury Level | First Year | Each Year After | Lifetime Total |
|---|---|---|---|
| High Tetraplegia (C1-C4) | $1,200,000-$1,500,000 | $200,000-$250,000 | $6,000,000-$13,000,000+ |
| Low Tetraplegia (C5-C8) | $850,000-$1,100,000 | $75,000-$100,000 | $3,700,000-$6,100,000+ |
| Paraplegia (T1-L5) | $500,000-$750,000 | $70,000-$90,000 | $2,500,000-$5,250,000+ |
SETTLEMENT RANGE: $4,770,000-$25,880,000
Amputation:
Medical Treatment:
- Emergency care and surgery: $80,000-$200,000
- Hospital stay: $50,000-$150,000
- Rehabilitation: $30,000-$100,000
- Initial prosthetic fitting: $10,000-$30,000
- Total Past Medical: $170,000-$480,000
Future Medical (Lifetime Prosthetics):
- Basic prosthetic leg: $5,000-$15,000 every 3-5 years
- Advanced computerized prosthetic: $50,000-$100,000 every 3-5 years
- Over lifetime (30-50 years): $500,000-$2,000,000
SETTLEMENT RANGE: $1,945,000-$8,630,000
Attorney911 Documented Result:
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
Wrongful Death (Working Age Adult):
Economic Damages:
- Funeral and burial: $10,000-$20,000
- Medical expenses before death: $50,000-$500,000
- Lost financial support to family (present value): $1,000,000-$4,000,000
Non-Economic Damages:
- Loss of companionship, society, love: $500,000-$3,000,000
- Loss of advice and counsel: $100,000-$500,000
- Mental anguish (family members): $250,000-$1,500,000
SETTLEMENT RANGE: $1,910,000-$9,520,000
Attorney911 Documented Result:
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”
Why Hereford and Deaf Smith County Accident Victims Choose Attorney911
When you’re injured in a motor vehicle accident in Hereford or anywhere in Deaf Smith County, you have choices when it comes to legal representation. Here’s why so many accident victims choose Attorney911:
1. We Know the Hereford Community
While we serve clients across Texas, we understand the unique challenges faced by Hereford and Deaf Smith County residents. We’re familiar with:
- Local courts and judges
- Hereford Regional Medical Center and other local healthcare providers
- Dangerous intersections and roadways in the area
- Local employers and wage levels
- The agricultural and ranching industries that are vital to the local economy
This local knowledge helps us build stronger cases for our clients.
2. Insurance Defense Insider Knowledge
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
This unique advantage means we know exactly how insurance companies try to minimize your claim because we used to work for them. Lupe Peña spent years:
- Calculating claim values for insurance companies
- Deploying delay tactics and defense strategies
- Selecting IME doctors who would minimize injuries
- Making comparative fault arguments to reduce payouts
Now, he uses that insider knowledge to fight FOR you, not against you. This is an advantage no other law firm in Hereford can offer.
3. Multi-Million Dollar Results
Our track record speaks for itself:
“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”
“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.”
“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 aren’t just claims – they’re documented results that show our commitment to fighting for maximum compensation for our clients.
4. Federal Court Experience for Complex Cases
Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission is crucial for handling complex motor vehicle accident cases, especially those involving:
- Commercial trucking accidents with FMCSA violations
- Cases against out-of-state defendants
- Product liability claims (like defective vehicle parts)
- Cases with multiple liable parties
Our firm was also one of the few selected to participate in the BP Texas City explosion litigation – experience that demonstrates our capability to take on billion-dollar corporations and win.
5. Personal Attention You Won’t Find at Big Firms
At Attorney911, you’re not just another case number. Our clients consistently praise the personal attention they receive:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad Harris
“I never felt like ‘just another case’ they were working on.” – Ambur Hamilton
“Consistent communication and not one time did I call and not get a clear answer…Ralph reached out personally.” – Dame Haskett
When you call our legal emergency line at 1-888-ATTY-911, you’ll speak directly with our team, not a call center. We make ourselves available to answer your questions and guide you through every step of the process.
6. No Fee Unless We Win – Zero Financial Risk to You
We understand that accident victims often face mounting medical bills and lost wages. That’s why we work on a contingency fee basis:
- Free initial consultation
- No upfront costs
- We advance all case expenses
- You pay nothing unless we recover compensation for you
This means you can get experienced legal representation without adding to your financial stress.
7. We Handle Everything So You Can Focus on Recovery
When you hire Attorney911, we take care of everything:
- Handling all communication with insurance companies
- Gathering and preserving evidence
- Obtaining medical records and police reports
- Negotiating with insurance adjusters
- Filing all necessary paperwork
- Preparing your case for trial if needed
You focus on your recovery while we focus on your case.
What Our Clients Say About Us
Don’t just take our word for it – here’s what our clients say about their experience with Attorney911:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad Harris
“I never felt like ‘just another case’ they were working on.” – Ambur Hamilton
“Consistent communication and not one time did I call and not get a clear answer…Ralph reached out personally.” – Dame Haskett
“Leonor is the best!!! She was able to assist me with my case within 6 months.” – Tymesha Galloway
“I was rear-ended and the team got right to work…I also got a very nice settlement.” – MONGO SLADE
“I lost everything… my car was at a total loss and because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return plus a brand new truck.” – Kiimarii Yup
“Especially Miss Zulema, who is always very kind and always translates.” – Celia Dominguez
“Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined throughout the 19 months.” – Jamin Marroquin
“They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.” – Glenda Walker
Frequently Asked Questions About Motor Vehicle Accidents in Hereford
Immediate After Accident
1. What should I do immediately after a car accident in Hereford or Deaf Smith County?
If you’ve been in an accident in Hereford or anywhere in Deaf Smith County:
- Call 911 and report the accident
- Seek medical attention even if you feel fine (adrenaline masks injuries)
- Document everything: photos of damage, injuries, scene
- Exchange information with other driver
- Get witness names and phone numbers
- Do NOT give recorded statement to any insurance company
- Call Attorney911: 1-888-ATTY-911
2. Should I call the police even for a minor accident?
Yes. Always call police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000.
3. Should I seek medical attention if I don’t feel hurt?
ABSOLUTELY. Many serious injuries don’t show symptoms immediately:
- Traumatic brain injuries can take days to manifest
- Internal bleeding may not be obvious
- Herniated discs may not cause pain for weeks
- Adrenaline masks pain at the scene
Insurance companies use delays in treatment against you. Get checked immediately at Hereford Regional Medical Center or another local facility.
4. What information should I collect at the scene?
- Other driver: name, phone, address, driver’s license, insurance
- Vehicle: make, model, color, license plate
- Witnesses: names and phone numbers
- Photos: all vehicle damage, injuries, road conditions, traffic signals
- Police: officer name, badge number, report number
5. Should I talk to the other driver or admit fault?
- Exchange information only
- Do NOT discuss fault
- Do NOT apologize or say “I’m sorry” (can be used as admission)
- Do NOT give your opinion on what happened
- Stick to facts only
6. How do I obtain a copy of the accident report?
In Deaf Smith County, you can obtain the police report from the Hereford Police Department or the Texas Department of Transportation’s Crash Records Information System (CRIS).
Dealing with Insurance
7. Should I give a recorded statement to insurance?
To the other driver’s insurance: NO. Not without an attorney.
To your own insurance: You have a duty to cooperate, but call Attorney911 first. We can advise you.
8. What if the other driver’s insurance contacts me?
Say: “I need to speak with my attorney first.” Give only basic information (name, date of accident). Do NOT give recorded statement. Do NOT discuss injuries or fault.
9. Do I have to accept the insurance company’s estimate?
No. Their estimate is just an offer. It’s usually far below actual value. Attorney911 fights for what your case is really worth.
10. Should I accept a quick settlement offer?
NEVER accept settlement before knowing full extent of injuries. Once you sign a release, you cannot get more money even if you need surgery later.
11. What if the other driver is uninsured/underinsured?
Your own UM/UIM coverage can compensate you. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8
12. Why does insurance want me to sign a medical authorization?
They want unlimited access to your ENTIRE medical history to find pre-existing conditions to use against you. Never sign without attorney review.
Legal Process
13. Do I have a personal injury case?
You may have a case if:
- Someone else was at fault (even partially)
- You suffered injuries or damages
- There is insurance to recover from
Watch our video: “Do I Have a Good Case?” at https://www.youtube.com/watch?v=j-PMMP5Jims
14. When should I hire a car accident lawyer?
Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911: 1-888-ATTY-911
15. How much time do I have to file (statute of limitations)?
In Texas: 2 years from date of accident for personal injury, 2 years from date of death for wrongful death. Miss it = case barred forever.
16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (reduced by your fault %). If 51%+ at fault, you get nothing.
Watch our video: “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4
17. What happens if I was partially at fault?
You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.
18. Will my case go to trial?
Most cases settle before trial. But Attorney911 prepares every case AS IF it’s going to trial. That’s what gives us leverage.
Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc
19. How long will my case take to settle?
Depends on injury severity. We don’t settle until you’ve reached maximum medical improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.
20. What is the legal process step-by-step?
- Investigation and evidence gathering
- Medical treatment to MMI
- Demand letter to insurance
- Negotiation
- Lawsuit if necessary
- Discovery
- Mediation
- Trial if needed
Watch our video: “What Is the Process for a Personal Injury Claim?” at https://www.youtube.com/watch?v=XwzYymneDVs
Compensation
21. What is my case worth?
Depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, insurance available. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).
22. What types of damages can I recover?
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of enjoyment of life
- Property damage
23. Can I get compensation for pain and suffering?
Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is NO CAP on pain and suffering (except medical malpractice).
24. What if I have a pre-existing condition?
You can still recover if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule.
25. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries is NOT taxable. Punitive damages ARE taxable. Consult a tax professional.
26. How is the value of my claim determined?
Based on: medical bills, future treatment costs, lost income, permanent impairment rating, comparable verdicts, severity of injuries, impact on daily life.
Attorney Relationship
27. How much do car accident lawyers cost?
Attorney911 works on contingency: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.
Watch our video: “How Do Contingency Fees Work?” at https://www.youtube.com/watch?v=upcI_j6F7Nc
28. What does “no fee unless we win” mean?
You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.
29. How often will I get updates?
Attorney911 provides regular updates. As client Dame Haskett said: “Consistent communication and not one time did I call and not get a clear answer.”
30. Who will actually handle my case?
At Attorney911, you work directly with Ralph Manginello and Lupe Peña, not just paralegals. As Chad Harris said: “You are NOT just some client…You are FAMILY to them.”
31. What if I already hired another attorney?
You can switch. As client Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
Mistakes to Avoid
32. What common mistakes can hurt my case?
- Giving recorded statement without attorney
- Accepting quick settlement
- Delaying medical treatment
- Gaps in treatment
- Posting on social media
- Signing releases or authorizations
- Not documenting everything
Watch our video: “Client Mistakes That Can Ruin Your Case” at https://www.youtube.com/watch?v=r3IYsoxOSxY
33. Should I post about my accident on social media?
NO. Make all profiles private. Don’t post about accident, injuries, or activities. Insurance monitors everything.
34. Why shouldn’t I sign anything without a lawyer?
Releases are PERMANENT. Medical authorizations give unlimited access. Settlement offers are binding. Once signed, you can’t undo it.
35. What if I didn’t see a doctor right away?
See one NOW. Explain you didn’t realize severity of injuries. Delayed symptoms are common. We can still help.
Special Situations
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. “Eggshell plaintiff” rule: Defendant takes victim as they find them. Example: You had mild occasional back pain. Accident caused herniated disc requiring surgery. You recover for the NEW injury, not just the pre-existing pain. We hire medical experts to prove the difference. Lupe knows how insurance attacks pre-existing conditions—he used this defense for years.
37. Can I switch attorneys if I’m unhappy with my current lawyer?
YES. You can fire your attorney at any time. If your attorney isn’t communicating, isn’t fighting for you, or is pushing you to settle cheap, you have the right to switch. Attorney911 has taken over many cases from other attorneys. As Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” Call 1-888-ATTY-911 to discuss switching.
38. What if the insurance company is my own insurance (UM/UIM claim)?
Uninsured/Underinsured Motorist claims are against YOUR insurance when the other driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation. Texas allows inter-policy stacking (combining coverage from multiple vehicles). Lupe’s insurance knowledge is critical for maximizing UM/UIM recovery.
39. How do you calculate pain and suffering?
Most commonly using the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering. Multiplier depends on: injury severity, permanency, impact on life, clear liability. Example: $100,000 medical × 4 multiplier = $400,000 pain & suffering. Lupe calculated these for years—he knows how to justify higher multipliers. See Section G for detailed breakdown.
40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Government claims have special rules. You must file notice within 6 months (much shorter than 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply. These cases are complex—you need experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—6-month deadline is strict.
41. What if the other driver fled the scene (hit and run)?
File police report immediately (hit and run is criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is CRITICAL—gas stations, businesses, Ring doorbells, traffic cameras. Most footage deleted 7-30 days. We send preservation letters immediately. Texas allows UM stacking. We’ve recovered substantial settlements in hit and run cases through UM claims.
42. What if I’m an undocumented immigrant—can I still file a claim?
YES. Immigration status does NOT affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses. Lupe is fluent in Spanish. Call 1-888-ATTY-911—we protect your rights and your privacy.
43. What if the accident happened in a parking lot?
Parking lot accidents are fully compensable. Insurance companies love to argue “parking lot accidents are always 50/50 fault” (LIE). We prove fault through: surveillance video, witness statements, damage analysis, traffic patterns. Texas comparative negligence rules apply. We’ve won many parking lot cases with clear liability findings.
44. What if I was a passenger in the at-fault vehicle?
You can sue the driver even if you were riding with them (friend, family member, Uber driver). You’re an innocent victim. Driver’s insurance covers passengers. No comparative fault issues (you weren’t driving). These cases often settle quickly because liability is clear. We handle the difficult conversation so you don’t have to.
45. What if the other driver died in the accident?
You can still pursue a claim against the deceased driver’s estate and insurance. Death doesn’t eliminate liability. Insurance policy still applies. Estate may have assets. Wrongful death laws protect both sides. These cases are emotionally complex but legally straightforward. We handle with sensitivity while protecting your rights.
Hereford-Specific Resources
Local Hospitals and Medical Centers:
- Hereford Regional Medical Center: 801 E 2nd St, Hereford, TX 79045
- Northwest Texas Healthcare System (Amarillo): 1501 S Coulter St, Amarillo, TX 79106
- BSA Health System (Amarillo): 1600 Wallace Blvd, Amarillo, TX 79106
Law Enforcement Agencies:
- Hereford Police Department: 200 N Lee St, Hereford, TX 79045
- Deaf Smith County Sheriff’s Office: 235 E 3rd St, Hereford, TX 79045
- Texas Department of Public Safety (Hereford Office): 1001 W 15th St, Hereford, TX 79045
Dangerous Intersections and Roadways in Hereford:
- US Highway 60 (high-speed traffic, agricultural vehicles)
- I-40 (interstate traffic mixing with local vehicles)
- 15th Street & Avenue D (busy downtown intersection)
- 14th Street & Main Street (heavy traffic area)
- FM 1055 (scenic but dangerous curves)
- 23rd Street & Avenue F (near schools and residential areas)
Local Courts:
- Deaf Smith County Courthouse: 235 E 3rd St, Hereford, TX 79045
- Hereford Municipal Court: 200 N Lee St, Hereford, TX 79045
Call Attorney911 Now – Your Legal Emergency Line
If you’ve been injured in a motor vehicle accident in Hereford or anywhere in Deaf Smith County, don’t wait. Evidence disappears daily, and insurance companies are already building their case against you.
Call our legal emergency line now: 1-888-ATTY-911 (1-888-288-9911)
We offer:
- Free consultation
- No upfront costs
- No fee unless we win
- Spanish-speaking attorneys available
- Personal attention from Ralph Manginello and Lupe Peña
Remember:
- Surveillance footage is being deleted (7-30 days)
- Witness memories are fading
- The 2-year statute of limitations is ticking
- Insurance companies won’t tell you your rights
- We know their tactics because Lupe used them for years
Don’t face this alone. Call Attorney911 now: 1-888-ATTY-911
The Manginello Law Firm, PLLC | Attorney911
Serving Hereford, Deaf Smith County, and all of Texas
Principal Office: Houston, Texas
1-888-ATTY-911 (1-888-288-9911)
We don’t get paid unless we win your case. Hablamos Español.

