Motor Vehicle Accidents in Fort Davis, Texas: Your Legal Emergency Guide
If you’ve been injured in a car accident in Fort Davis, Texas, you’re not alone. Every 57 seconds, a motor vehicle crash occurs somewhere in Texas, and Fort Davis residents face unique risks on our rural highways and scenic byways. At Attorney911, we’ve been fighting for accident victims across Texas for over 25 years, and we’re here to help you navigate this difficult time.
The Reality of Car Accidents in Fort Davis
Fort Davis sits at the crossroads of several critical Texas highways, including Highway 17 and Highway 118, which see heavy traffic from tourists visiting Davis Mountains State Park and the McDonald Observatory. These roads, while beautiful, present unique challenges:
- Long stretches of rural highway with limited emergency services
- Mountainous terrain that can obscure visibility and create dangerous curves
- Wildlife crossings that increase collision risks
- Tourist traffic with drivers unfamiliar with local roads
In 2024 alone, Texas saw 251,977 people injured in motor vehicle crashes – that’s one person injured every 2 minutes and 5 seconds. While Fort Davis may be smaller than urban centers, our accident rates reflect the statewide trends that make Texas one of the most dangerous states for drivers.
Why Fort Davis Accident Victims Need Local Legal Help
When you’re recovering from injuries, the last thing you need is to navigate complex legal processes alone. Insurance companies have teams of adjusters and lawyers working to minimize your claim. At Attorney911, we level the playing field with:
- 25+ years of Texas car accident experience – Ralph Manginello has been fighting for victims since 1998
- Insurance insider knowledge – Our attorney Lupe Peña spent years working for insurance companies, so we know their tactics
- Local expertise – We understand Fort Davis courts, judges, and the unique challenges of rural Texas cases
- Federal court experience – Ralph is admitted to the U.S. District Court, Southern District of Texas, giving us an edge in complex cases
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.” This insider knowledge is your advantage when fighting for fair compensation.
Common Types of Motor Vehicle Accidents in Fort Davis
Car Accidents (Tier 1 – Most Common)
Car accidents are the most frequent type of motor vehicle collision in Fort Davis. Whether you’re commuting to work, running errands in town, or traveling to Alpine or Marfa, these accidents can happen anywhere.
Common Causes in Fort Davis:
- Distracted driving (especially with scenic views along Highway 17)
- Speeding on rural roads with high speed limits
- Failure to yield at intersections in town
- Drunk driving, particularly on weekends
- Wildlife collisions (deer, javelinas, and other animals)
- Weather-related accidents during sudden mountain storms
Common Injuries:
- Whiplash and soft tissue injuries
- Herniated discs from the force of impact
- Broken bones and fractures
- Traumatic brain injuries (TBI) from head trauma
- Spinal cord injuries with potential paralysis
- Internal organ damage from blunt force
- Psychological trauma including PTSD
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 You:
If you’ve suffered serious injuries in a Fort Davis car accident, don’t let insurance companies lowball your claim. We know how to document the full extent of your damages, including complications that may arise during treatment.
Client Testimonial:
“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles
Trucking Accidents (Tier 1 – Most Dangerous)
Fort Davis sits along major trucking routes that connect West Texas to the rest of the state. Semi-trucks, oil field vehicles, and delivery trucks frequently travel through our area, creating significant risks for local drivers.
Trucking Statistics in Texas:
- 39,393 commercial motor vehicle crashes in 2024
- 608 trucking fatalities – that’s more than one death every day
- 1,601 serious injuries from truck crashes
- Texas accounts for 11% of ALL fatal truck crashes nationwide
Why Trucking Accidents Are More Dangerous:
- A fully loaded semi-truck can weigh 80,000 pounds – 20 times more than a passenger car
- Trucks require longer stopping distances
- Blind spots are much larger than in cars
- Driver fatigue is a major factor due to long hours on the road
Federal Regulations That Protect You:
The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules for truck drivers and companies. When these rules are violated, it can establish negligence:
- Hours of Service (HOS) Rules: Drivers cannot drive more than 11 hours after 10 consecutive hours off duty
- 30-Minute Break Requirement: After 8 hours of driving, a 30-minute break is mandatory
- Electronic Logging Devices (ELDs): Must be used to track driving hours
- Drug and Alcohol Testing: Required before hiring and randomly throughout employment
- Vehicle Maintenance: Regular inspections and maintenance are mandatory
Multiple Liable Parties in Trucking Cases:
Unlike car accidents where typically only one driver is at fault, trucking accidents often involve multiple responsible parties:
- The truck driver
- The trucking company (employer)
- The cargo loader (if improper loading caused the accident)
- The vehicle manufacturer (if a defect contributed)
- The maintenance company (if poor repairs were a factor)
This means more insurance policies are available to compensate you, but it also means more complex legal challenges.
Attorney911’s Trucking Experience:
“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.”
Recent Texas Trucking Verdicts That Show Our Capability:
- 2024 Oncor Electric case: $37.5 million verdict for distracted truck driver
- 2024 New Prime I-35 pileup: $44.1 million verdict (6 deaths)
- 2024 Ben E. Keith (Fort Worth): $35 million settlement
Why This Matters for Fort Davis:
With I-10 and other major highways nearby, Fort Davis sees its share of trucking traffic. Our firm’s experience with these complex cases means we know how to investigate trucking accidents thoroughly, preserve critical evidence like ELD data, and fight for maximum compensation.
Drunk Driving Accidents (Tier 1 – 100% Preventable)
Drunk driving remains one of the most tragic causes of accidents in Texas. In 2024, alcohol-impaired driving caused 1,053 deaths in our state – that’s 25.37% of all traffic fatalities.
Fort Davis-Specific Concerns:
- Weekend traffic from tourists visiting local attractions
- Limited law enforcement presence on rural roads
- Drivers traveling long distances between towns
- Difficulty getting timely medical help after accidents
Texas Drunk Driving Laws:
- Legal limit: 0.08% BAC (Texas Penal Code § 49.04)
- Commercial drivers: 0.04% BAC limit
- Zero tolerance for drivers under 21
Dram Shop Liability – Holding Establishments Accountable:
Texas has a powerful law called the Dram Shop Act (Texas Alcoholic Beverage Code § 2.02) that allows victims to sue bars, restaurants, and liquor stores that serve obviously intoxicated patrons who then cause accidents.
To Prove Dram Shop Liability, We Must Show:
- The establishment served alcohol to someone who was obviously intoxicated
- The over-service was the proximate cause of the accident
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 that served them
- Restaurants that served alcohol
- Liquor stores
- Event venues (concerts, festivals)
- Social hosts (in limited circumstances)
Why Drunk Driving Cases Are Valuable:
- Punitive damages are available for gross negligence
- Multiple defendants increase available insurance coverage
- Criminal case can strengthen the civil case
- Insurance cannot defend the indefensible – drunk driving is hard to dispute
Attorney911’s Criminal Defense Advantage:
Our firm’s membership in the Harris County Criminal Lawyers Association (HCCLA) gives us unique insight into drunk driving cases. Ralph Manginello has successfully defended DWI cases, which helps us when representing victims:
“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.”
This experience means we know how to investigate drunk driving accidents thoroughly, challenge breath test results when appropriate, and build strong cases against all responsible parties.
Motorcycle Accidents (Tier 2 – Growing Concern)
Motorcycle riding is popular in Fort Davis, with scenic routes through the Davis Mountains attracting riders from across Texas. However, motorcyclists face significant risks on our roads.
Texas Motorcycle Statistics (2024):
- 585 motorcyclist fatalities
- 37% of those killed were not wearing helmets
- 90%+ of fatal victims are 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:
- Completed an approved safety course, OR
- Have at least $10,000 in medical insurance coverage
Common Causes of Motorcycle Accidents in Fort Davis:
- Drivers failing to yield right of way to motorcycles
- Distracted drivers not seeing motorcycles
- Unsafe lane changes by other vehicles
- Left-turn accidents (T-bone collisions)
- Speeding and reckless driving
- Road hazards (gravel, potholes, uneven surfaces)
The Comparative Negligence Trap:
Texas uses a 51% bar rule for comparative negligence. This 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
Insurance companies ALWAYS try to blame motorcyclists. They may argue:
- “You were speeding”
- “You weren’t paying attention”
- “You could have avoided the accident”
- “You were lane splitting” (which is illegal in Texas)
Lupe Peña’s Insider Knowledge Helps:
“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.”
Lupe knows how insurance companies build cases against motorcyclists – because he did it for years. Now he uses that knowledge to protect riders.
Pedestrian Accidents (Tier 2 – Vulnerable Road Users)
Pedestrians are the most vulnerable road users in Fort Davis. When a pedestrian is struck by a vehicle, the injuries are often catastrophic.
Texas Pedestrian Statistics (2024):
- 6,095 pedestrian crashes
- 768 pedestrian fatalities
- Pedestrians account for only 1% of crashes but 19% of ALL roadway deaths
Critical Legal Point for Pedestrians:
Pedestrians ALWAYS have the right-of-way at intersections – even at unmarked crosswalks. Many drivers don’t know this rule, but Texas law is clear:
“Anytime there’s an intersection of two streets, the distance between them is a crosswalk” – even if it’s not marked.
Common Pedestrian Accident Scenarios in Fort Davis:
- Drivers failing to yield at crosswalks (marked or unmarked)
- Drivers not stopping for pedestrians in parking lots
- Backing vehicles striking pedestrians in driveways
- Distracted drivers not seeing pedestrians at night
- Drunk drivers striking pedestrians
Common Pedestrian Injuries:
- Traumatic brain injuries (TBI)
- Spinal cord injuries with potential paralysis
- Broken pelvis and leg bones
- Internal organ damage
- Fatalities
What to Do If You’re a Pedestrian Hit by a Car:
- Call 911 immediately – even if you feel fine
- Get the driver’s information and witness contact details
- Take photos of the scene, your injuries, and vehicle damage
- Seek medical attention right away – adrenaline masks pain
- Do NOT give a recorded statement to insurance
- Call Attorney911: 1-888-ATTY-911
Rideshare Accidents (Tier 2 – Modern Complexity)
Rideshare services like Uber and Lyft have become common in Fort Davis, especially for tourists visiting from larger cities. However, rideshare accidents present unique legal challenges due to complex insurance coverage.
Rideshare Industry Statistics:
- 11 billion trips in the US since 2010
- 17.4 million Uber trips daily
- 118 million Uber users worldwide
The Critical Issue: Insurance Coverage Phases
Rideshare insurance coverage varies dramatically depending on what the driver was doing at the time of the accident:
| Phase | Driver Status | Coverage Available |
|---|---|---|
| Period 0 – Offline | App off, personal use | Driver’s personal insurance only (Texas minimum: $30K/$60K/$25K) |
| Period 1 – Waiting | App on, no ride request | $50K/$100K/$25K contingent coverage |
| Period 2 – Accepted | Ride accepted, en route to pickup | $1,000,000 liability coverage |
| Period 3 – Transporting | Passenger in vehicle | $1,000,000 liability coverage |
Why This Matters:
Insurance coverage can vary from $30,000 to $1,000,000 depending on the driver’s status at the exact moment of the crash. This complexity is why you need an experienced attorney.
Who Can Be Injured in Rideshare Accidents:
- 21% Riders (passengers in the rideshare vehicle)
- 21% Drivers (the rideshare driver themselves)
- 58% Third parties (other drivers, pedestrians, passengers in other vehicles)
Lupe Peña’s Insurance Expertise is Critical:
With his background working for insurance companies, Lupe understands how to navigate the complex coverage phases and ensure you’re accessing all available insurance.
Hit and Run Accidents (Tier 2 – Common in Rural Areas)
Hit and run accidents are particularly common in rural areas like Fort Davis, where drivers may flee the scene thinking they won’t be caught.
National Statistics:
- One hit and run occurs every 43 seconds in the US
- Many result in serious injuries or fatalities
Texas Hit and Run Penalties:
| 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 |
Your Recovery Options After a Hit and Run:
When the at-fault driver flees the scene, your own Uninsured/Underinsured Motorist (UM/UIM) coverage becomes critical. This coverage pays for your injuries when the at-fault driver is unidentified or uninsured.
UM/UIM Coverage in Texas:
- Allows you to stack coverage from multiple vehicles on your policy
- Standard deductible: $250
- Can be reduced by what the at-fault driver’s insurance pays (if they’re later identified)
Evidence Preservation is Critical:
- Surveillance footage from nearby businesses is typically deleted within 7-30 days
- Witness memories fade quickly
- Physical evidence at the scene disappears
What Attorney911 Does Immediately:
- Sends preservation letters to all nearby businesses with surveillance cameras
- Canvases the area for witnesses while memories are fresh
- Works with law enforcement to identify the hit and run driver
- Files UM/UIM claims with your insurance company
Work Zone Accidents (Tier 2 – Growing Problem)
Work zone accidents are a growing problem in Texas, and Fort Davis sees its share of construction projects on Highways 17 and 118.
Texas Work Zone Statistics (2024):
- Nearly 28,000 crashes in Texas work zones
- 215 deaths – a 12% increase over the previous year
- Work zone fatalities have increased 50% nationally over the past decade
- 60% of highway contractors reported crashes into their work zones
- 43% of contractors reported worker injuries from work zone crashes
Real Case Example:
Katrina Bond, a college student, slowed for work zone traffic on I-35 near Fort Worth. The driver of a heavy pickup truck (who admitted to receiving a text message) rear-ended her vehicle. The force pushed her car into the path of another truck, resulting in a fatality.
Common Causes of Work Zone Accidents:
- Speeding through work zones
- Distracted driving (texting, navigation systems)
- Failure to merge properly
- Confusion about lane changes
- Driver fatigue
Who Can Be Liable in Work Zone Accidents:
- The negligent driver
- The construction company (for improper signage or unsafe work practices)
- Government entities (for poor road design or maintenance)
- Equipment manufacturers (for defective machinery)
Attorney911’s Approach to Work Zone Cases:
We thoroughly investigate work zone accidents to determine all responsible parties. This may include:
- Reviewing work zone permits and safety plans
- Examining traffic control devices and signage
- Interviewing construction workers and supervisors
- Analyzing vehicle black box data
- Consulting with accident reconstruction experts
Wrongful Death Claims (Tier 2 – Most Serious Cases)
When a motor vehicle accident results in death, the victim’s family may have a wrongful death claim. These are among the most serious cases we handle.
Texas Wrongful Death Law:
In Texas, wrongful death claims can be brought by:
- Surviving spouse
- Children (including adult children)
- Parents of the deceased
Two Types of Claims:
- Wrongful Death Claim: Brought by family members for their own losses
- Survival Action: Brought on behalf of the deceased’s estate for damages the deceased would have recovered
Damages Available in Wrongful Death Cases:
-
Economic Damages:
- Funeral and burial expenses
- Lost financial support the deceased would have provided
- Lost inheritance
- Medical expenses before death
-
Non-Economic Damages:
- Loss of companionship and society
- Mental anguish and emotional pain
- Loss of love and affection
- Loss of consortium (for spouses)
Attorney911’s Wrongful Death Experience:
“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 These Cases Are Complex:
- Insurance companies often try to minimize the value of a life
- Economic damages must be carefully calculated by experts
- Families are grieving while trying to navigate legal processes
- Multiple defendants may be involved
What We Do for Wrongful Death Families:
- Handle all legal aspects so families can focus on grieving
- Work with economists to calculate lost financial support
- Consult with grief counselors and support groups
- Fight aggressively against insurance company tactics
- Prepare every case as if it’s going to trial
The 48-Hour Protocol: What to Do After an Accident in Fort Davis
When you’re involved in an accident, the steps you take in the first 48 hours can make or break your case. Here’s our proven protocol:
Hour 1-6 (Immediate Crisis Response)
✅ Safety First: If you can move safely, get to a secure location away from traffic. On rural roads like Highway 17, this might mean moving to the shoulder or a nearby driveway.
✅ Call 911: Report the accident and request medical assistance if anyone is injured. Even if injuries seem minor, get checked by EMS – adrenaline masks pain.
✅ Medical Attention: If injured, go to the ER immediately. For Fort Davis residents, this typically means going to:
- Big Bend Regional Medical Center in Alpine (30 minutes away)
- Or traveling to Midland Memorial Hospital (2 hours away)
✅ 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
- Note weather and lighting conditions
✅ 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
- For Fort Davis residents, this might mean seeing a local provider or traveling to Alpine
✅ 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 an experienced motor vehicle accident attorney
- Call Attorney911: 1-888-ATTY-911 for a 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 the extent of your injuries yet
✅ Evidence Backup:
- Upload all screenshots and photos to cloud storage
- Email copies to yourself and a family member
- Create a written timeline of events while your 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 evidence disappears on a predictable schedule:
Day 1-7:
- Witness memories are at their peak but begin fading immediately
- Physical evidence like skid marks and debris are still visible
- Accident scene remains largely unchanged
Day 7-30:
- Surveillance footage is deleted:
- Gas stations: 7-14 days
- Retail stores: 30 days
- Traffic cameras: 30 days
- Ring doorbells: 30-60 days
- Witnesses become harder to locate as days pass
- Scene changes as road repairs are made
Month 1-2:
- Insurance companies have solidified their defense position
- Adjusters have built a file against you
- Settlement positions harden
- Vehicle repairs destroy evidence from the vehicles
Month 2-6:
- Trucking electronic data is deleted:
- ELD (Electronic Logging Device) data: 30-180 days
- Black box data: Can be automatically overwritten
- GPS/telematics: Varies by company
- Cell phone records become harder to obtain
- Social media posts are deleted
Month 6-12:
- Witnesses graduate, move away, or their memories degrade
- Medical evidence becomes harder to link to the accident
- Treatment gaps are used against you by insurance
- Financial desperation makes you vulnerable to lowball offers
Month 12-24:
- Approaching the 2-year statute of limitations
- Creates pressure to settle (insurance knows you’re desperate)
- Evidence is severely degraded
- Case value is diminished
Texas Motor Vehicle Law: What Fort Davis Victims Need to Know
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 |
CRITICAL: Miss the deadline and your case is BARRED forever. You cannot extend or waive this deadline.
Exceptions:
- Discovery Rule: The statute may start later if the injury or its cause wasn’t immediately discoverable
- Defendant’s Absence: The clock may be tolled if the defendant leaves Texas
- Mental Incapacity: The clock is tolled during periods of incapacity
Comparative Negligence (The 51% Bar Rule)
Texas Civil Practice & Remedies Code § 33.001
Texas uses modified comparative negligence 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 a $100,000 case = $10,000 less for you
- 25% fault on a $250,000 case = $62,500 less for you
- 40% fault on a $500,000 case = $200,000 less for you
Lupe’s Experience Counters Their Arguments:
Lupe Peña spent years working for insurance companies, making these exact arguments to reduce claims. Now he uses that knowledge to protect victims.
Texas Minimum Auto Insurance Requirements
| Coverage | Minimum Required |
|---|---|
| Bodily Injury – Per Person | $30,000 |
| Bodily Injury – Per Accident | $60,000 |
| Property Damage – Per Accident | $25,000 |
Uninsured Motorist Statistics:
- 15.4% of US motorists are uninsured (approximately 1 in 7 drivers)
- Texas allows inter-policy stacking for UM/UIM coverage
How Insurance Companies Try to Cheat You
Insurance companies have sophisticated tactics to minimize your claim. Lupe Peña, our attorney who worked for years at a national defense firm, knows these tactics inside and out.
Tactic #1: The 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 your side of the story to process your claim”
- “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 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 the severity of the collision |
| “You were able to walk away from the scene?” | Suggest your 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” |
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 tell you NOT to give recorded statements without us
- Once you hire us, we become your voice
- All calls go through us
- We prepare you properly if a statement becomes necessary
- We know their questions because Lupe asked them for years
“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.” – Lupe Peña
Tactic #2: The Quick Settlement Offer
What They Do:
Within days or weeks, the insurance company will offer you money:
- Typical offers: $2,000-$5,000
- Sometimes $10,000-$15,000 if they’re worried
- They’ll create artificial urgency: “This offer expires in 48 hours”
The Trap:
You don’t know the extent of your injuries yet. Consider this 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 the release, can’t reopen claim |
| You pay $100,000 out of pocket | Insurance pays nothing more |
The Release is PERMANENT and FINAL.
How Attorney911 Counters:
- We NEVER settle before you reach Maximum Medical Improvement (MMI)
- MMI is when you’re as good as you’re going to get medically
- This could be 6 months, 12 months, or longer depending on your injuries
- We know early offers are ALWAYS lowball
- Lupe calculated these lowball offers for years – he KNOWS they’re offering 10-20% of true value
Tactic #3: The “Independent” Medical Exam (IME) Scam
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:
- A 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation)
- They rarely review your complete medical records beforehand
- They ask questions designed to elicit “I’m feeling better” responses
- They 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:
- “Still investigating your claim”
- “Waiting for medical records” (that you sent months ago)
- “Reviewing your file”
- “Need additional information”
- Ignore your calls and emails
- Take weeks to respond to simple questions
Why Delay Works:
Insurance Companies Have:
- Unlimited time
- Unlimited resources
- No financial pressure
- They’re earning interest on YOUR settlement money while delaying
You Have:
- Mounting bills
- Zero income if you can’t work
- Creditors threatening you
- Need money NOW
Financial Desperation Makes You Accept Less:
- Month 1: You’d reject a $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 lawsuits to force deadlines
- We set depositions to make them produce witnesses
- We prepare for trial to show 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” | Client was 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 the accident, injuries, activities, or emotions
- DON’T check in anywhere
- Tell friends/family: don’t tag you, 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
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 a $100,000 case = $10,000 less for you
- 25% fault on a $250,000 case = $62,500 less for you
- 40% fault on a $500,000 case = $200,000 less for you
How Attorney911 Counters:
Aggressive Liability Investigation:
- Accident reconstruction proving 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:
Lupe made these exact arguments for years as a defense attorney. Now he defeats them.
The Colossus Software System: How Insurance Companies Really Value Your Claim
How Colossus Works:
Colossus is a computerized claim valuation system used by Allstate, State Farm, Liberty Mutual, and others. Here’s how it works:
- Data Entry: The adjuster inputs injury codes, treatment types, costs, and jurisdiction
- Coding: Injuries are coded using standardized medical terms
- Calculation: The software applies algorithms to determine “value”
- Range Output: The system provides a recommended settlement range
- Authority: The 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 by 50-100% |
| Excessive Treatment Flags | Physical therapy beyond “normal” range triggers reductions |
| Conservative Treatment Penalty | Chiropractic care is valued less than MD treatment |
| Pre-Existing Reduction | Any prior condition is 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
The Settlement Multiplier Method:
Colossus often uses a multiplier method to calculate pain and suffering:
Total Settlement = (Medical Expenses × Multiplier) + Lost Wages + Property Damage
The multiplier ranges from 1.5 to 5 depending on:
- Injury severity
- Permanency
- Impact on your life
- Clear liability
Example:
- Medical expenses: $100,000
- Multiplier: 4 (severe injury)
- Pain & suffering: $400,000
- Lost wages: $50,000
- Total: $550,000
Factors That Increase the Multiplier:
- Permanent injury or disability
- Scarring or disfigurement
- Long recovery time (12+ months)
- Surgery required
- Ongoing pain management needed
- Clear liability (other driver 100% at fault)
- Sympathetic plaintiff (child, elderly, pregnant)
- Egregious defendant conduct (drunk driving, hit and run)
- Strong evidence (video, witnesses)
- Permanent restrictions on work/activities
Factors That Decrease the Multiplier:
- Soft tissue injury only
- Quick recovery (under 3 months)
- No surgery required
- Disputed liability (comparative fault)
- Gaps in medical treatment
- Pre-existing conditions
- Minor property damage
- No permanent injury
Lupe Knows How to Push for Higher Multipliers:
Lupe calculated these multipliers for years using insurance company formulas. He knows:
- When to push for a 4-5× multiplier (vs. the 2-3× they offer)
- Which factors insurance weighs most heavily
- How to document cases to justify higher multipliers
- When the multiplier method undervalues catastrophic injuries
- When to abandon the multiplier and demand policy limits
What You Can Recover: Understanding Damages
Economic Damages (No Cap in Texas)
| Damage Type | What It Covers |
|---|---|
| Medical Expenses (Past) | ER, hospital, surgery, doctors, 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 |
| 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 the defendant and deter similar conduct
Settlement Ranges by Injury Type:
| Injury Type | Medical Treatment | Lost Wages | Pain & Suffering | Settlement Range |
|---|---|---|---|---|
| Soft Tissue | $6,000-$16,000 | $2,000-$10,000 | $8,000-$35,000 | $15,000-$60,000 |
| Broken Bone (Simple) | $10,000-$20,000 | $5,000-$15,000 | $20,000-$60,000 | $35,000-$95,000 |
| Broken Bone (Surgery) | $47,000-$98,000 | $10,000-$30,000 | $75,000-$200,000 | $132,000-$328,000 |
| Herniated Disc (Conservative) | $22,000-$46,000 | $8,000-$25,000 | $40,000-$100,000 | $70,000-$171,000 |
| Herniated Disc (Surgery) | $96,000-$205,000 | $20,000-$50,000 | $150,000-$450,000 | $346,000-$1,205,000 |
| Traumatic Brain Injury | $198,000-$638,000 | $50,000-$200,000 | $500,000-$3,000,000+ | $1,548,000-$9,838,000 |
| Spinal Cord Injury | $500,000-$750,000 (first year) | $50,000-$200,000 | $2,000,000-$10,000,000+ | $4,770,000-$25,880,000 |
| Amputation | $170,000-$480,000 | $20,000-$50,000 | $500,000-$2,000,000 | $1,945,000-$8,630,000 |
| Wrongful Death | $10,000-$500,000 | $1,000,000-$4,000,000 | $500,000-$3,000,000 | $1,910,000-$9,520,000 |
Attorney911 Documented Results:
“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”
Why Choose Attorney911 for Your Fort Davis Accident Case
When you’re injured in Fort Davis, you need a law firm that combines Texas-wide experience with local knowledge. Here’s what sets Attorney911 apart:
1. Insurance Defense Insider Advantage
“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 Fort Davis has this advantage.
2. Multi-Million Dollar Results
Our results speak for themselves:
- Brain injury with vision loss: Multi-million dollar settlement
- Car accident amputation: Settled in the millions
- Trucking wrongful death: Recovered millions for families
- Maritime back injury: Significant cash settlement
- Active litigation: $10 million hazing lawsuit against University of Houston
We don’t settle cheap. We fight for maximum compensation.
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”
This experience means we can handle the most complex cases against the largest corporations.
4. Personal Attention You Can Trust
What Clients Say About Our Communication:
“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
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad Harris
You work directly with Ralph or Lupe, not a case manager assembly line.
5. Contingency Fee – No Risk to You
“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
What Our Clients Say About Attorney911
Results and Speed:
“Leonor is the best!!! She was able to assist me with my case within 6 months.” – Tymesha Galloway
“Mariela and Zulema have done such a fantastic job…gone above and beyond to get my case settled quickly!” – Hannah Garcia
“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles
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
“They solved in a couple of months what others did nothing about in two years.” – Angel Walle
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
“Ralph has kept me up to date on the case, checked in on me.” – Manraj
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
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
Frequently Asked Questions About Fort Davis Car Accidents
Immediate After Accident
1. What should I do immediately after a car accident in Fort Davis?
If you’ve been in an accident in Fort Davis:
- 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 the other driver
- Get witness names and phone numbers
- Do NOT give a 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 Fort Davis, you can obtain the police report from the Jeff Davis County Sheriff’s Office or through the Texas Department of Transportation’s Crash Records Information System (CRIS).
Dealing with Insurance
7. Should I give a recorded statement to insurance?
To the other driver’s insurance: NO. Not without an attorney.
To your own insurance: You have a duty to cooperate, but call Attorney911 first. We can advise you.
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 a 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 a settlement before knowing the full extent of your 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 the date of the accident for personal injury, 2 years from the date of death for wrongful death. Miss it and your case is 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 a recorded statement without an attorney
- Accepting a 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 the 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 the severity of your injuries. Delayed symptoms are common. We can still help.
Additional 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 a 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 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 the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering. The multiplier depends on injury severity, permanency, impact on life, and 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 the 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply. These cases are complex—you need an experienced attorney.
Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—the 6-month deadline is strict.
41. What if the other driver fled the scene (hit and run)?
File a police report immediately (hit and run is a criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is CRITICAL—most is deleted within 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. The 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. The insurance policy still applies. The estate may have assets. Wrongful death laws protect both sides. These cases are emotionally complex but legally straightforward. We handle them with sensitivity while protecting your rights.
Fort Davis-Specific Resources
Local Hospitals and Medical Centers:
- Big Bend Regional Medical Center (Alpine) – 30 minutes from Fort Davis
- 2600 Highway 118 N, Alpine, TX 79830
- (432) 837-3447
- Midland Memorial Hospital – 2 hours from Fort Davis
- 2200 W Illinois Ave, Midland, TX 79701
- (432) 685-1111
- Medical Center Hospital (Odessa) – 2.5 hours from Fort Davis
- 500 W 4th St, Odessa, TX 79761
- (432) 640-4000
Local Law Enforcement:
- Jeff Davis County Sheriff’s Office
- 102 State St, Fort Davis, TX 79734
- (432) 426-3213
- Texas Department of Public Safety (DPS) – Fort Davis
- 101 State St, Fort Davis, TX 79734
- (432) 426-3244
Local Courts:
- Jeff Davis County Justice of the Peace
- 102 State St, Fort Davis, TX 79734
- (432) 426-3252
- 83rd Judicial District Court (serves Jeff Davis County)
- 500 E San Antonio Ave, Pecos, TX 79772
- (432) 445-5505
Local Towing and Repair:
- Fort Davis Wrecker Service
- (432) 426-3333
- Fort Davis Auto Repair
- 100 N State St, Fort Davis, TX 79734
- (432) 426-3222
Local Rental Cars:
- Enterprise Rent-A-Car (Alpine)
- 2000 E Highway 90, Alpine, TX 79830
- (432) 837-2222
Your Next Steps: Call Attorney911 Today
If you’ve been injured in a motor vehicle accident in Fort Davis, Texas, don’t wait. Evidence disappears daily, and insurance companies are already building their case against you.
Call Attorney911 now: 1-888-ATTY-911
- Free consultation
- No fee unless we win
- We advance all case costs
- Hablamos Español
- Available 24/7 for legal emergencies
What happens when you call:
- You’ll speak with a real attorney, not a call center
- We’ll evaluate your case during a free consultation
- If we take your case, we handle everything:
- Deal with insurance companies
- Gather evidence
- Handle medical bills
- Fight for maximum compensation
- You focus on recovery while we fight for you
Remember:
- Every day you wait, evidence disappears
- Surveillance footage is deleted in 7-30 days
- Witness memories fade
- The 2-year statute of limitations is ticking
- Insurance companies are already working against you
Don’t face this alone. Call Attorney911 today: 1-888-ATTY-911
“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
Let us fight for the compensation you deserve. We don’t get paid unless we win your case. Call now.

