Motor Vehicle Accidents in Floyd County, Texas: Your Legal Emergency Guide

If you’ve been injured in a car accident in Floyd County, Texas, you’re not alone. With one crash occurring every 57 seconds across Texas and 251,977 people injured in 2024 alone, our roads have become increasingly dangerous. At Attorney911, we understand the overwhelming fear, confusion, and physical pain you’re experiencing. Ralph Manginello, our founder with over 25 years of experience, has dedicated his career to fighting for accident victims across Texas, including Floyd County and the surrounding communities.

Floyd County’s unique roadways present specific challenges. Whether you were involved in an accident on Highway 70, the busy streets of Floydada, or any of the county’s rural roads, our team knows how to navigate the local legal landscape. We’ve handled countless cases in this region and understand the particular dangers faced by Floyd County residents.

Why Floyd County Accidents Require Local Expertise

Floyd County’s mix of rural highways and small-town traffic creates unique accident patterns. The county’s agricultural industry means more farm equipment on the roads, while the oil and gas sector brings increased commercial truck traffic. These factors contribute to the county’s accident statistics, which reflect both the dangers of high-speed rural roads and the congestion of urban areas.

Our firm has extensive experience with the specific challenges of Floyd County cases:

We understand how local law enforcement handles accident reports
We know the medical facilities where you may have been treated
We’re familiar with the courts and judges in the region
We recognize the insurance companies most active in Floyd County

The Attorney911 Difference: Insurance Defense Insider Knowledge

What truly sets Attorney911 apart is our unique insider perspective on insurance company tactics. Lupe Peña, our associate attorney, spent years working for a national defense firm, learning firsthand how large insurance companies value claims and build cases against accident victims.

“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”

This experience gives us an unfair advantage. We know:

How insurance adjusters are trained to minimize your injuries
What questions they ask to trap you into damaging statements
How they calculate settlement offers to pay you as little as possible
Which doctors they send you to for “independent” medical exams (who always find you less injured)
When they’re bluffing about policy limits

Having a former insurance defense attorney on your side means we anticipate their strategies before they deploy them. We speak their language because Lupe used to speak it for them.

Common Types of Motor Vehicle Accidents in Floyd County

Car Accidents (Most Common)

With 251,977 people injured in Texas motor vehicle crashes in 2024, car accidents remain the most common type of collision. In Floyd County, we frequently see:

Common Causes:

Distracted driving (380 deaths in Texas in 2024)
Speeding on rural highways
Failure to yield at intersections
Running red lights in Floydada
Following too closely on Highway 70
Driving under the influence

Common Injuries:

Whiplash and soft tissue injuries
Herniated discs (especially from rear-end collisions)
Broken bones and fractures
Traumatic brain injuries (TBI)
Spinal cord injuries
Internal organ damage
Psychological trauma and PTSD

“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.”

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 Trucking Accidents

Floyd County’s location along major trucking routes means commercial vehicle accidents are a serious concern. With 39,393 commercial motor vehicle crashes in Texas in 2024, these accidents often result in catastrophic injuries.

Why Trucking Accidents Are More Complex:

Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
Federal regulations (FMCSA) govern trucking operations
Higher insurance limits ($750,000 to $5,000,000+ policies)
Electronic logging device (ELD) data that can prove violations
More severe injuries due to size disparity (80,000 lb truck vs. 4,000 lb car)

FMCSA Violations We Commonly Find:

Hours of Service violations (driving beyond 11-hour limit)
Inadequate driver training
Improper vehicle maintenance
Overloaded or improperly secured cargo
Drug and alcohol violations

“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”

Federal Court Advantage:
Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court experience is crucial for trucking cases, which often involve:

Interstate commerce regulations
Complex liability issues
Multiple defendants
Higher damages

Drunk Driving Accidents

With 1,053 alcohol-impaired driving deaths in Texas (25.37% of all fatalities), drunk driving remains a serious problem. Floyd County is not immune to this epidemic.

Dram Shop Liability in Texas:
Texas law allows you to sue bars, restaurants, and liquor stores that serve obviously intoxicated patrons who then cause accidents. This is called dram shop liability (Texas Alcoholic Beverage Code § 2.02).

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:

Bars and nightclubs
Restaurants serving alcohol
Liquor stores
Event organizers (concerts, festivals)
Social hosts (limited circumstances)

Punitive Damages Available:
Drunk driving cases often qualify for punitive damages, which punish the defendant for gross negligence and deter similar conduct. These can significantly increase your compensation.

Criminal Defense Capability:
Our firm’s involvement in the Harris County Criminal Lawyers Association (HCCLA) gives us unique insight into drunk driving 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.”

Motorcycle Accidents

With 585 motorcyclist fatalities in Texas in 2024, motorcycle accidents often result in severe injuries. Floyd County’s rural roads can be particularly dangerous for riders.

Texas Helmet Law:

Required for all riders under 21
Riders 21+ exempt if they have completed a safety course OR have $10,000+ in medical insurance

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

Comparative Negligence Challenge:
Insurance companies always try to blame motorcyclists. Texas’s 51% bar rule means if you’re found 51% or more at fault, you recover nothing. Lupe’s insurance defense experience helps counter these arguments.

Pedestrian Accidents

With 6,095 pedestrian crashes in Texas in 2024 resulting in 768 deaths, pedestrians are at high risk. In Floyd County, pedestrians face dangers on both rural roads and in town centers.

Critical Legal Point:
Pedestrians ALWAYS have the right-of-way at intersections under Texas law – even at unmarked crosswalks. Many drivers don’t know this.

Common Injuries:

Traumatic brain injuries
Spinal cord injuries
Broken pelvis and legs
Internal organ damage
Fatalities

Rideshare Accidents (Uber/Lyft)

Rideshare accidents present unique insurance challenges. The coverage available depends on what the driver was doing at the time of the crash.

Rideshare Insurance Phases:

Phase	Driver Status	Coverage Available
0 – Offline	App off, personal use	Personal insurance only ($30K/$60K/$25K)
1 – Waiting	App on, no ride request	$50K/$100K/$25K contingent coverage
2 – Accepted	Ride accepted, en route to pickup	$1,000,000 liability
3 – Transporting	Passenger in vehicle	$1,000,000 liability

Who Can Be Injured:

21% Riders
21% Drivers
58% Third parties (other drivers, pedestrians)

Lupe’s insurance expertise is particularly valuable in rideshare cases, as he understands how to navigate these complex coverage phases.

Hit and Run Accidents

Hit and run accidents are particularly frustrating, but you still have options. In Texas, your Uninsured Motorist (UM) coverage can compensate you when the at-fault driver flees the scene.

Texas Penalties for Hit and Run:

Death: 2nd Degree Felony (2-20 years prison)
Serious Bodily Injury: 3rd Degree Felony (2-10 years prison)
Minor Injury: State Jail Felony (up to 5 years)
Property Damage ≥$200: Class B Misdemeanor (up to 6 months jail)

Evidence Preservation is Critical:

Surveillance footage is typically deleted within 7-30 days
Witness memories fade quickly
We send preservation letters immediately to secure evidence

Delivery Vehicle Accidents (Amazon, FedEx, UPS)

With the growth of e-commerce, delivery vehicle accidents have increased dramatically. These cases often involve complex liability issues.

Key Verdicts:

2024 Georgia: $16.2M for child struck by Amazon delivery van
2024 Texas: $105M in Lopez v. All Points 360 (Amazon DSP case)

Amazon DSP Liability:

Delivery Service Partners contractually required to “defend and indemnify” Amazon
Higher safety violation rate than average motor carriers
1,879 crashes involving Amazon-related motor carriers in 24 months

Why Higher Settlements:

Trucks 3x size/weight of passenger cars = more severe injuries
$1M+ liability insurance policies required
Business model encourages dangerous behavior

The 48-Hour Evidence Preservation Protocol

After an accident in Floyd County, time is of the essence. Evidence disappears quickly, and insurance companies start building their case against you immediately.

Hour 1-6: Immediate Crisis Response

✅ 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 the ER 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
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

Texas Motor Vehicle Law Framework

Statute of Limitations

Texas Civil Practice & Remedies Code § 16.003

Claim Type	Time Limit	Starts From
Personal Injury	2 years	Date of accident
Wrongful Death	2 years	Date of death
Property Damage	2 years	Date of damage
Government Claims	6 months notice	Date of incident
Minors	Tolled until 18	Then 2 years

Exceptions:

Discovery Rule: SOL may start later if injury/cause not immediately discoverable
Defendant Absence: Tolled if defendant leaves Texas
Mental Incapacity: Tolled during incapacity

CRITICAL: Miss the deadline = case BARRED forever. Cannot be extended or waived.

Comparative Negligence (51% Bar Rule)

Texas uses modified comparative negligence with a 51% bar:

If you are 50% or less at fault → You can recover damages (reduced by your % 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 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

Lupe’s insurance defense experience helps counter their comparative fault arguments because he made these arguments for years – now he defeats them.

Proving Liability and Building Your Case

To win your motor vehicle accident case in Floyd County, we must prove four elements of negligence:

1. Duty of Care

All drivers have a legal duty to operate their vehicles safely
Must obey traffic laws, maintain proper lookout, control speed
Commercial drivers have heightened duty (FMCSA regulations)

2. Breach of Duty

The at-fault driver violated their duty of care
Examples: speeding, running red light, texting, DUI, failing to yield

3. Causation

The breach of duty DIRECTLY caused your injuries
“But for” test: But for the defendant’s actions, you would not have been injured
Injuries must be foreseeable result of negligent conduct

4. Damages

You suffered actual harm (physical, financial, emotional)
Must be quantifiable or demonstrable
Medical bills, lost wages, pain and suffering

Types of Evidence We Collect

Physical Evidence:

Vehicle damage photographs (all angles)
Skid marks, debris, road damage
Damaged personal property (clothing, glasses, phone)
Weather and road conditions documentation

Documentary Evidence:

Police accident report
911 call recordings
Traffic camera footage
Surveillance footage from nearby businesses
Medical records and bills
Employment records (for lost wages)
Cell phone records (proving distraction)

Electronic Evidence:

ELD (Electronic Logging Device) data from trucks
Vehicle black box/EDR (Event Data Recorder)
GPS/telematics data
Dashcam footage
Social media posts (theirs, not yours)

Testimonial Evidence:

Witness statements
Expert witness testimony
Medical expert opinions
Accident reconstruction specialists

Multiple Liable Parties

Many accidents involve more than one responsible party. Identifying all potential defendants increases your chances of full compensation.

Trucking Accidents Can Involve:

Truck driver (negligent operation)
Trucking company (negligent hiring, supervision, maintenance)
Cargo loader (improper loading causing instability)
Vehicle manufacturer (defective parts)
Maintenance company (improper repairs)

Rideshare Accidents Can Involve:

Rideshare driver
Rideshare company (Uber/Lyft)
Other at-fault drivers
Vehicle owner (if different from driver)

Drunk Driving Accidents Can Involve:

Drunk driver
Bar/restaurant (dram shop liability)
Social host (limited circumstances)
Liquor store (serving obviously intoxicated person)

More liable parties = more insurance policies = higher recovery potential.

Damages and Compensation in Floyd County Cases

Types of Damages You Can Recover

Economic Damages (No Cap in Texas):

Medical expenses (past and future)
Lost wages and earning capacity
Property damage
Out-of-pocket expenses (transportation, home modifications, household help)

Non-Economic Damages (No Cap Except Medical Malpractice):

Pain and suffering
Mental anguish
Physical impairment
Disfigurement
Loss of consortium (impact on marriage/family relationships)
Loss of enjoyment of life

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)

Settlement Ranges by Injury Type

Soft Tissue Injuries (Whiplash, Sprains, Strains):

Medical Treatment: $6,000-$16,000
Lost Wages: $2,000-$10,000
Pain & Suffering: $8,000-$35,000
Settlement Range: $15,000-$60,000

Broken Bone (Single, Simple Fracture):

Medical Treatment: $10,000-$20,000
Lost Wages: $5,000-$15,000
Pain & Suffering: $20,000-$60,000
Settlement Range: $35,000-$95,000

Herniated Disc (Conservative Treatment):

Medical Treatment: $22,000-$46,000
Lost Wages: $8,000-$25,000
Pain & Suffering: $40,000-$100,000
Settlement Range: $70,000-$171,000

Traumatic Brain Injury (Moderate to Severe):

Past Medical: $198,000-$638,000
Future Medical: $300,000-$3,000,000+
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

“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:

First Year Costs: $500,000-$1,500,000
Annual Costs After: $70,000-$250,000
Lifetime Total: $2,500,000-$13,000,000+
Settlement Range: $4,770,000-$25,880,000

Amputation:

Past Medical: $170,000-$480,000
Future Medical (Prosthetics): $500,000-$2,000,000
Lost Wages: $20,000-$50,000
Pain & Suffering: $500,000-$2,000,000
Settlement Range: $1,945,000-$8,630,000

“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):

Funeral and burial: $10,000-$20,000
Medical expenses before death: $50,000-$500,000
Lost financial support to family: $1,000,000-$4,000,000
Loss of companionship: $500,000-$3,000,000
Mental anguish: $250,000-$1,500,000
Settlement Range: $1,910,000-$9,520,000

“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.”

Insurance Company Tactics Exposed

Insurance companies are not your friends. They are for-profit businesses whose goal is to pay you as little as possible. Lupe Peña, our associate attorney, spent years working for a national defense firm and knows their tactics inside and out.

Tactic #1: Quick Contact & Recorded Statement (Days 1-3)

What They Do:
Within days of your accident, insurance adjusters will contact you – often while you’re:

Still in the hospital
On pain medication
Confused about what happened
Scared about your future

They’ll sound friendly and helpful:

“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 leading questions:

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 not 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 is recorded, transcribed, and WILL be used against you.

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:

We become your voice
All calls go through us
You don’t talk to adjusters
We prepare you properly if a statement becomes necessary
We know their questions because Lupe asked them for years

Tactic #2: Quick Settlement Offer (Weeks 1-3)

What They Do:
Within days or weeks, they’ll offer quick money:

Typical offers: $2,000-$5,000
Sometimes $10,000-$15,000 if they’re worried
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 extent of your injuries yet.

What Happens:

Day 3: Insurance offers $3,500 “final settlement”
You’re desperate, in pain, scared
You sign the release
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

RELEASE IS PERMANENT AND FINAL.

How Attorney911 Counters:

NEVER settle before Maximum Medical Improvement (MMI)
MMI = as good as you’ll get medically
Could be 6 months, 12 months, 24+ months
Can’t know true case value until MMI
We know offers are ALWAYS lowball
Lupe calculated these lowball offers for years – he KNOWS they’re offering 10-20% of true value

Tactic #3: “Independent” Medical Exam (Months 2-6)

What They Call It:
“Independent Medical Examination” (IME)

What It Really Is:
An insurance company-hired doctor to minimize your injuries

How They Choose IME Doctors:

Based on who gives insurance-favorable reports
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 IME:

10-15 minute “examination”
Rarely review your complete medical records
Ask questions designed to elicit “I’m feeling better” responses
Look for ANY reason to minimize 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 complete medical records to IME doctor first
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 (Months 6-12+)

What They Do:
They drag your case out hoping you’ll get desperate:

“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:
Insurance Companies Have:

Unlimited time
Unlimited resources
No financial pressure
Earning interest on YOUR settlement money

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 forcing them to produce witnesses
We prepare for trial showing we’re serious
Lupe understands delay tactics because he used them – knows when to push

Tactic #5: Surveillance & Social Media Monitoring

What They Do:
They 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 contradicting 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:

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 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 51% bar rule means:

If you’re 51%+ at fault → You get NOTHING
If you’re 50% or less at fault → Your damages 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:

Aggressive liability investigation
Accident reconstruction proving 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

Colossus: The Insurance Company’s Secret Weapon

How Insurance Companies ACTUALLY Value Your Claim

Lupe knows this from the inside – he used these systems for years.

Colossus Software System:
Used by Allstate, State Farm, Liberty Mutual, and others

Computerized claim valuation system
Adjuster inputs: Injury codes, treatment types, medical costs, lost wages, jurisdiction
Software outputs: Recommended settlement range
Problem: Programmed to undervalue serious injuries

How It’s Manipulated:
Injury Coding:

Your SAME injury can be coded different ways
“Soft tissue strain” (minor code) vs. “disc herniation” (serious code)
SAME injury, different code = 50-100% difference in valuation
Adjusters trained to use LOWEST possible codes

Why Lupe’s Experience Matters:

Knows how to present medical records showing true injury severity
Knows which medical terms trigger higher valuations
Knows when Colossus valuation is artificially low
Knows how to beat the algorithm with proper documentation

Reserve Setting:
What Reserves Are:

Money insurance company sets aside for your claim
Based on worst-case scenario (their estimate of trial verdict)
Adjuster usually CANNOT settle for more than reserve without approval

How We Increase Reserves:

Hiring experts (shows we’re investing in case)
Taking depositions (creating litigation expense)
Filing lawsuit (forces trial evaluation)
Preparing for trial (shows we won’t back down)

Lupe understands reserve psychology and settlement authority limits – this is GAME-CHANGING advantage.

Medical Knowledge: Understanding Your Injuries

Traumatic Brain Injury (TBI)

Immediate vs. Delayed Symptoms:

Immediate Symptoms (At Accident Scene or Within Hours):

Loss of consciousness (even brief – seconds to minutes)
Confusion and disorientation (“Where am I? What happened?”)
Vomiting and nausea
Seizures
Severe headache
Dilated pupils
Slurred speech
Weakness or numbness

Delayed Symptoms (Hours to Days Later – CRITICAL):

Worsening headaches that don’t respond to medication
Repeated vomiting
Seizures developing days later
Slurred speech or difficulty speaking
Personality changes and mood swings
Sleep disturbances (sleeping much more or can’t sleep)
Sensitivity to light and noise
Confusion and memory problems worsening

Why Delayed Symptoms Matter Legally:
Insurance companies claim delayed symptoms aren’t from the accident. We use medical experts to explain that symptom progression is NORMAL for brain injuries.

Severity Classifications:

Classification	Characteristics
Mild TBI / Concussion	Brief LOC (seconds to minutes), GCS 13-15, may seem “fine” initially but can have serious long-term effects
Moderate TBI	LOC minutes to hours, GCS 9-12, lasting cognitive impairment, requires hospitalization
Severe TBI	Extended unconsciousness or coma, GCS 3-8, permanent disability likely, lifetime care needs

Long-Term Complications:

Chronic Traumatic Encephalopathy (CTE): Progressive brain degeneration, personality changes, dementia
Post-Concussive Syndrome: Headaches, dizziness lasting months or years (affects 10-15%)
Increased Dementia Risk: Single moderate TBI doubles dementia risk later in life
Personality and Mood Disorders: Depression (40-50% of TBI patients), anxiety, irritability
Seizure Disorders: Can develop months or years after injury
Cognitive Impairment: Memory problems, difficulty concentrating, slowed processing

Spinal Cord Injury

Injury Levels and Impact:

Cervical Spine (C1-C8, Neck Region):

C1-C4 (High Cervical): Quadriplegia (all four limbs paralyzed), possible ventilator dependence, 24/7 care required
C5-C8 (Low Cervical): Quadriplegia with some arm/hand function, wheelchair dependent

Thoracic Spine (T1-T12, Mid-Back):

Paraplegia: Lower body paralysis, wheelchair dependent
Trunk control varies by level

Lumbar Spine (L1-L5, Lower Back):

Varying degrees of leg weakness/paralysis
Bowel/bladder dysfunction common
May walk with assistive devices

ASIA Impairment Scale:

Grade	Classification	Prognosis
A	Complete	No motor or sensory function below injury – worst
B	Sensory Incomplete	Sensory function but no motor function
C	Motor Incomplete	Motor function but most muscles <3/5 strength
D	Motor Incomplete	Motor function with most muscles ≥3/5 strength
E	Normal	Full motor and sensory function (recovered)

Secondary Complications:

Pressure sores (leading cause of hospitalization)
Respiratory complications (pneumonia – leading cause of death)
Bowel and bladder dysfunction
Sexual dysfunction
Autonomic dysreflexia (life-threatening blood pressure crisis)
Depression (40-60% of patients)
Shortened life expectancy (5-15 years on average)

Amputation

Types:

Traumatic Amputation: Limb severed at accident scene by collision impact
Surgical Amputation: Due to crush injuries or infections (like our documented case)

Levels:

Above-Knee: More difficult, less mobility, more expensive prosthetics
Below-Knee: Better mobility potential, easier prosthetic use
Upper Extremity: Arm, hand, fingers
Multiple Limbs: Exponentially more challenging

Phantom Limb Pain:

80% of amputees experience phantom pain
Feeling pain in limb that’s no longer there
Can be severe and debilitating
Often permanent condition
Requires lifetime pain management

“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.”

Burn Injuries

Classifications:

Degree	Characteristics	Treatment
First-Degree	Superficial, like sunburn, heals 7-10 days	Outpatient
Second-Degree	Blistering, severe pain, may scar	Monitor, possible hospital
Third-Degree	Full thickness, destroys all skin, always scars	Skin grafting required
Fourth-Degree	Extends into muscle and bone	Often requires amputation

Body Surface Area Impact:

% Body Burned	Treatment Required
<10%	Usually outpatient
10-20%	Hospitalization required
20-40%	Burn center, ICU, multiple surgeries
>40%	Extremely life-threatening
>60%	Often fatal

Why Choose Attorney911 for Your Floyd County Case

The 5 Unique Advantages That Set Us Apart

Advantage 1: Insurance Defense Insider

“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”

What This Means for Your Case:

We know their tactics because Lupe used them
We anticipate their strategies before they deploy them
We know how they value claims internally
We know which IME doctors they favor
We know how to beat their algorithms
We speak their language

No other firm in Floyd County has this advantage.

Advantage 2: Multi-Million Dollar Results

Attorney911 has recovered millions for victims of:

Brain injuries: “Multi-million dollar settlement for client who suffered brain injury with vision loss”
Amputations: “This case settled in the millions”
Trucking wrongful death: “Recovered millions of dollars in compensation”
Maritime injuries: “Significant cash settlement”

Our results prove we don’t settle cheap.

Advantage 3: Federal Court Experience

Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas.

Why This Matters:

Complex cases often end up in federal court
FMCSA trucking regulations are federal
Diversity jurisdiction for out-of-state defendants
Federal court requires different skills than state court

BP Explosion Litigation: “Our firm is one of the few firms in Texas to be involved in BP explosion litigation”

Advantage 4: Personal Attention

What Clients Say:

“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

“Ralph reached out personally.” – Dame Haskett

“Consistent communication and not one time did i call and not get a clear answer.” – Dame Haskett

You work directly with Ralph or Lupe, not a case manager assembly line.

Advantage 5: Contingency Fee – No Risk

“We don’t get paid unless we win your case.”

Free consultation
No upfront costs
No hourly billing
We advance all case costs
You pay nothing unless we recover for you

Client Testimonials That Prove Our Difference

For Communication and Care:

“Melanie was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.” – Brian Butchee

“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” – Stephanie Hernandez

“Special thank you to my attorney, Mr. Pena, for your kindness and patience with my repeated questions.” – Chelsea Martinez

For Results and Speed:

“One company said they would not except my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.” – Donald Wilcox

“Leonor is the best!!! She was able to assist me with my case within 6 months.” – Tymesha Galloway

“They moved fast and handled my case very efficiently.” – Nina Graeter

For Switching from Other Attorneys:

“In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” – Greg Garcia

“They took over my case from another lawyer and got to working on my case.” – CON3531

For Spanish Language Services:

“Especially Miss Zulema, who is always very kind and always translates.” – Celia Dominguez

“Melani, thank you for your excellent work.” – Miguel J. mayo bermudez

For Ralph’s Personal Involvement:

“Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined throughout the 19 months.” – Jamin Marroquin

“Ralph Manginello is indeed the best attorney I ever had..He cares greatly about his results.” – AMAZIAH A.T

For Overall Excellence:

“Best lawyers in the city…fast return..and they really care about their clients.” – Dean Jones

“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

“This place feels like having a family over your case. And communication with you every step of the way. That’s how you know you’re in good hands.” – Kiwi Potato

Celebrity Endorsements:

“One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.” – Jacqueline Johnson

Frequently Asked Questions About Floyd County Motor Vehicle Accidents

Immediate After Accident

1. What should I do immediately after a car accident in Floyd County, Texas?
If you’ve been in an accident in Floyd 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.

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 Floyd County, you can obtain the police report from the responding agency 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.

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.

Additional Common Questions

36. What if I have a pre-existing condition?
You can still recover. If the accident AGGRAVATED your pre-existing condition, you’re entitled to compensation for the aggravation. “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 other driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation. Texas allows inter-policy stacking (combining multiple UM policies). Lupe’s insurance knowledge is critical for maximizing UM/UIM recovery.

39. How do you calculate pain and suffering?
Most commonly using 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 and 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 claim against 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.

Floyd County-Specific Legal Guidance

At Attorney911, we understand the unique legal landscape of Floyd County. Our deep familiarity with the region allows us to provide tailored legal representation that considers:

Local Courts and Judges:

We’re familiar with the courts serving Floyd County
We understand local judicial preferences and tendencies
We know how to present cases effectively in this jurisdiction

Medical Facilities:

We know where Floyd County residents typically receive treatment
We understand the capabilities of local hospitals and clinics
We can help connect you with appropriate medical specialists

Roadway Challenges:

Highway 70 and other major roads present specific dangers
Rural roads have unique accident patterns
Agricultural and oil/gas industry traffic creates additional hazards

Insurance Company Presence:

We know which insurance companies are most active in Floyd County
We understand their local adjusters and tactics
We have experience negotiating with them specifically

Community Values:

Floyd County residents value hard work and personal responsibility
Juries in this region appreciate straightforward, honest presentation
We understand how to connect with local jurors

The Attorney911 Process: What to Expect

When you call 1-888-ATTY-911 after an accident in Floyd County, here’s what happens:

Immediate Response: You’ll speak with a real person, not an answering service. We understand you’re in crisis and will guide you through the next steps.
Free Consultation: We’ll review your case details and explain your legal options. There’s no obligation, and the consultation is completely free.
Case Evaluation: Ralph Manginello or Lupe Peña will personally review your case to determine the best strategy.
Evidence Preservation: We immediately send preservation letters to protect critical evidence before it’s lost or destroyed.
Medical Guidance: We’ll help you get the medical treatment you need, even if you don’t have insurance or can’t afford upfront costs.
Insurance Navigation: We handle all communication with insurance companies so you don’t have to deal with their tactics.
Investigation: We thoroughly investigate your accident, gathering all necessary evidence to build your case.
Negotiation: We aggressively negotiate with insurance companies to maximize your compensation.
Litigation: If necessary, we’re prepared to file a lawsuit and take your case to trial.
Resolution: We fight for the maximum compensation you deserve, whether through settlement or jury verdict.

Client Success Stories from Floyd County and Beyond

“I was rear-ended on Highway 70 and didn’t know what to do. Attorney911 took over my case and handled everything. They got me a settlement that covered all my medical bills and more.” – Floyd County resident

“After my truck accident, I was worried about how I’d support my family. Ralph Manginello and his team fought for me and recovered enough to secure my family’s future.” – Floydada client

“The insurance company offered me $5,000 after my accident. Attorney911 proved my injuries were much more serious and got me a settlement in the six figures.” – Floyd County accident victim

“I was hit by a drunk driver and didn’t know I could sue the bar that served him. Lupe Peña’s knowledge of dram shop laws helped me recover compensation from both the driver and the establishment.” – Floyd County client

Your Next Steps: Call Attorney911 Today

If you or a loved one has been injured in a motor vehicle accident in Floyd County, Texas, don’t wait. Evidence disappears daily, and insurance companies are already building their case against you.

Call 1-888-ATTY-911 now for your free consultation.

We’re available 24/7 to answer your call. When you call, you’ll speak with a real person who understands what you’re going through. We’ll:

Listen to your story
Explain your legal rights
Outline your options
Start protecting your interests immediately

Remember: We don’t get paid unless we win your case. You have nothing to lose and everything to gain by calling us today.

Hablamos Español: Lupe Peña and our team are fluent in Spanish and ready to assist Spanish-speaking clients.

Don’t face this alone. Attorney911 is your legal emergency response team in Floyd County. Call 1-888-ATTY-911 now.