Motor Vehicle Accident Lawyers in Hilshire Village, Texas

If you’ve been injured in a car accident in Hilshire Village, Texas, you’re not alone. With over 250,000 people injured in Texas motor vehicle crashes each year – that’s one person injured every 2 minutes and 5 seconds – accidents are an unfortunate reality on our roads. At Attorney911, we understand the physical, emotional, and financial toll a serious accident can take on you and your family. Our team of experienced Hilshire Village car accident lawyers is here to fight for the compensation you deserve.

Why Choose Attorney911 for Your Hilshire Village Car Accident Case?

At Attorney911, we’re not just another law firm – we’re your neighbors, your advocates, and your legal emergency responders. With over 25 years of experience serving the Hilshire Village community and surrounding areas, we’ve built a reputation for aggressive representation and compassionate client care.

Our Hilshire Village Car Accident Lawyers Bring Unique Advantages:

Insurance Defense Insider Knowledge: Our team includes a former insurance defense attorney who knows exactly how insurance companies value claims. Lupe Peña spent years working for a national defense firm, learning firsthand how large insurance companies calculate settlements and build cases against accident victims. Now, he uses that insider knowledge to fight FOR you, not against you.

Proven Track Record of Results: We’ve recovered millions of dollars for our clients, including:

Multi-million dollar settlement for a client who suffered a brain injury with vision loss
Millions recovered for a client whose leg injury led to partial amputation after a car accident
Significant settlements in trucking-related wrongful death cases

Federal Court Experience: Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission gives us the capability to handle complex cases that other firms can’t, including those involving interstate trucking regulations and corporate defendants.

Local Hilshire Village Expertise: We know the local courts, judges, and insurance adjusters who handle claims in Harris County. Our familiarity with the Hilshire Village legal landscape gives us an edge in negotiating fair settlements and presenting strong cases in court.

24/7 Availability: When you call 1-888-ATTY-911, you’re reaching a legal emergency line, not a call center. We’re here to help when you need us most.

Common Types of Motor Vehicle Accidents in Hilshire Village

Hilshire Village and the greater Houston area see a variety of motor vehicle accidents. Here are some of the most common types we handle:

Car Accidents in Hilshire Village

With Hilshire Village’s proximity to major highways like I-10 and the busy streets of Houston, car accidents are unfortunately common. In 2024 alone, there were over 250,000 people injured in Texas motor vehicle crashes.

Common causes of car accidents in Hilshire Village include:

Distracted driving (380 deaths in Texas in 2024)
Speeding
Failure to yield right of way
Running red lights
Following too closely
Drunk driving

Common injuries in car accidents:

Whiplash and soft tissue injuries
Herniated discs
Broken bones and fractures
Traumatic brain injuries (TBI)
Spinal cord injuries
Internal organ damage

Case Example: 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

Commercial truck accidents often result in catastrophic injuries due to the massive size and weight of these vehicles. Texas leads the nation in fatal truck crashes, with 11% of all U.S. fatal truck accidents occurring in our state.

Texas trucking accident statistics (2024):

39,393 commercial motor vehicle crashes
608 trucking fatalities
1,601 serious injuries

Why trucking accidents are more complex:

Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
Federal regulations (FMCSA) that govern trucking operations
Higher insurance policy limits
More severe injuries due to the size and weight of trucks

FMCSA Regulations: The Federal Motor Carrier Safety Administration sets strict rules for commercial truck drivers, including:

Hours of Service (HOS) limits: Max 11 hours driving after 10 hours off-duty
30-minute break required after 8 hours of driving
60/70-hour weekly limits
Electronic Logging Device (ELD) requirements

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

Nuclear Verdicts in Trucking Cases:

2024 Oncor Electric: $37.5 million verdict
2024 New Prime I-35 pileup: $44.1 million verdict
2024 Ben E. Keith (Fort Worth): $35 million settlement

Drunk Driving Accidents

Drunk driving remains a serious problem in Texas, with 1,053 alcohol-impaired driving deaths in 2024 – that’s 25.37% of all traffic fatalities in our state.

Texas Dram Shop Law (TABC § 2.02): This law allows victims of drunk driving accidents to sue bars, restaurants, and other establishments that served alcohol to obviously intoxicated individuals who then caused accidents.

Signs of obvious intoxication include:

Slurred speech
Bloodshot or glassy eyes
Unsteady gait or stumbling
Impaired coordination
Aggressive or erratic behavior
Strong odor of alcohol

Potentially liable parties in drunk driving cases:

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

Punitive Damages: Drunk driving cases often qualify for punitive damages, which are designed to punish the defendant and deter similar behavior. These damages can significantly increase the value of your case.

Our Criminal Defense Experience: Our firm’s membership in the Harris County Criminal Lawyers Association (HCCLA) gives us unique insight into drunk driving cases. We’ve successfully handled numerous DWI cases, including:

A case dismissed when we proved the breathalyzer machine was improperly maintained
A case dismissed on the day of trial when we showed that EMS and hospital notes were missing
A case dismissed when video evidence showed our client wasn’t drunk

Motorcycle Accidents

Motorcycle accidents often result in serious injuries due to the lack of protection for riders. In 2024, there were 585 motorcyclist fatalities in Texas, with 37% of those killed not wearing helmets.

Texas helmet law:

Required for all riders under 21
Riders 21+ may ride without a helmet if they’ve completed a safety course or have $10,000+ in medical insurance

Common causes of motorcycle accidents:

Failure to yield right of way (most common cause)
Driver inattention or distraction
Unsafe lane changes
Left-turn accidents (T-bone or head-on collisions)
Speeding or reckless driving

Comparative Negligence in Motorcycle Cases: Insurance companies often try to blame motorcyclists for accidents. Texas uses a modified comparative negligence system with a 51% bar rule. 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

Our Advantage: Lupe Peña’s experience as an insurance defense attorney gives us unique insight into how insurance companies approach motorcycle accident cases. He knows the arguments they’ll make to try to reduce or deny your claim, and he knows how to counter them.

Pedestrian Accidents

Pedestrians are particularly vulnerable on Hilshire Village streets and throughout Harris County. In 2024, there were 6,095 pedestrian crashes in Texas, resulting in 768 fatalities. Pedestrians account for just 1% of all crashes but 19% of all roadway deaths.

Houston pedestrian statistics:

119 pedestrians killed on city streets in 2024 (a record high)
Many of these accidents occur in urban areas like Hilshire Village and nearby neighborhoods

Critical Legal Point: Pedestrians ALWAYS have the right of way at intersections in Texas, even at unmarked crosswalks. Many drivers don’t know this, and insurance companies won’t tell you.

Common injuries in pedestrian accidents:

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

Rideshare Accidents (Uber/Lyft)

Rideshare accidents present unique challenges due to the complex insurance coverage involved. The coverage available depends on what the rideshare driver was doing at the time of the accident.

Rideshare Insurance Phases:

Phase	Driver Status	Coverage Available
0	App off, personal use	Personal insurance only (typically $30K/$60K/$25K in Texas)
1	App on, waiting for ride request	$50K/$100K/$25K contingent coverage
2	Ride accepted, en route to pickup	$1,000,000 liability coverage
3	Passenger in vehicle	$1,000,000 liability coverage

Who can be injured in rideshare accidents:

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

Our Advantage: Lupe Peña’s insurance defense background gives us unique insight into how rideshare insurance works. He knows how to identify the correct insurance coverage and maximize recovery for our clients.

Hit and Run Accidents

Hit and run accidents are unfortunately common, with one occurring every 43 seconds in the United States. In Texas, hit and run is a serious crime with severe penalties:

Severity	Charge	Penalty
Death	2nd Degree Felony	2-20 years in prison, up to $10,000 fine
Serious Bodily Injury	3rd Degree Felony	2-10 years in prison, up to $10,000 fine
Minor Injury	State Jail Felony	Up to 2 years in state jail, up to $10,000 fine
Property Damage ≥$200	Class B Misdemeanor	Up to 180 days in jail, up to $2,000 fine

UM/UIM Coverage: If the at-fault driver flees the scene, your own Uninsured/Underinsured Motorist (UM/UIM) coverage can compensate you. Texas allows inter-policy stacking, which means you may be able to combine coverage from multiple policies.

Evidence Preservation: Time is critical in hit and run cases. Surveillance footage from nearby businesses is typically deleted within 7-30 days. We send preservation letters immediately to secure this critical evidence.

Delivery Vehicle Accidents (Amazon, FedEx, UPS)

With the rise of online shopping, delivery vehicle accidents have become increasingly common. These accidents often involve complex liability issues due to the multiple parties involved.

Key Verdicts in Delivery Vehicle Cases:

2024 Georgia child struck: $16.2 million (Amazon 85% responsible)
2024 Lopez v. All Points 360: $105 million (Amazon DSP)
2024 Grubhub wrongful death: Driver distracted by app

Amazon DSP Liability:

Amazon Delivery Service Partners (DSPs) are contractually required to “defend and indemnify” Amazon
DSPs have a higher safety violation rate than average motor carriers
There were 1,879 crashes involving Amazon-related motor carriers in the 24 months ending August 2025

Why Delivery Vehicle Cases Settle for More:

Trucks are 3x the size and weight of passenger cars, resulting in more severe injuries
$1 million+ liability insurance policies are typically required
Juries have less sympathy for corporate defendants
The business model encourages dangerous behavior

Tesla and Autonomous Vehicle Accidents

As autonomous vehicle technology advances, accidents involving these vehicles present unique legal challenges. Tesla’s Autopilot system has been involved in numerous accidents, including several high-profile fatal crashes.

Notable Tesla Autopilot Crashes:

May 2016, Williston FL: Joshua Brown killed when Autopilot failed to detect a white 18-wheeler
March 2018, Mountain View CA: Apple engineer Walter Huang killed (settled April 2024)
December 2024, California: Genesis Mendoza killed in active lawsuit
August 2025, Miami FL: $240 million+ jury verdict against Tesla

Key Liability Arguments in Tesla Cases:

Tesla marketed Full Self-Driving (FSD) and Autopilot as safer than human drivers
The marketing fostered driver overconfidence and overreliance on the system
Tesla knew the system couldn’t detect emergency vehicles
Tesla used over-the-air software updates instead of comprehensive fixes

NHTSA Data: Tesla Autopilot accounts for 70% of driver-assist crashes reported to NHTSA. In December 2023, Tesla recalled over 2 million vehicles for Autopilot-related issues.

E-Bike and E-Scooter Accidents

E-bikes and e-scooters have become increasingly popular in Hilshire Village and throughout Houston, but they also present unique safety risks.

Texas E-Bike Classifications:

Class	Max Speed	Throttle	Pedal Assist
Class 1	20 mph	No	Yes
Class 2	20 mph	Yes	Yes
Class 3	28 mph	No	Yes

Legal Requirements in Texas:

No license required for standard e-bikes
No registration required
Motor limit: 750W (1 horsepower) or less
Speed limit: 28 mph maximum assisted speed
No statewide helmet requirement (some cities require helmets for riders under 17)

If E-Bike Exceeds Standards:

If the e-bike has a motor over 750W, speed over 28 mph, or throttle on Class 3, it may not be considered an “electric bicycle” under Texas law
This can affect registration requirements and liability implications

E-Bike Accident Liability:

Motorists who strike e-bike riders
E-bike manufacturers (product defects like battery fires or brake failures)
Pedestrians struck by e-bikes
Property owners (premises liability for poorly maintained paths)

Recent Verdict: In October 2024, a Portland jury awarded $1.6 million to an e-bike rider struck by an SUV.

Bus Accidents

Bus accidents can involve multiple victims and complex liability issues. Texas leads all states in total bus crashes, with 1,110 bus accidents reported in 2024.

Texas Bus Accident Statistics (2024):

549 injury crashes
17 fatal crashes

School Bus Statistics (2023):

2,523 school bus crashes
11 school bus deaths
63 serious injuries
Over 10,000 students injured during the 2021-22 school year

Liable Parties in Bus Accidents:

The bus driver (fatigue, distraction, impairment)
The bus operator/company (inadequate training, negligent maintenance)
The manufacturer (brake, tire, or safety equipment defects)
Other drivers (third-party vehicles)
Government entities (poor signage, road defects) – special notice requirements apply

Construction Zone Accidents

Work zone accidents are a significant problem in Texas, with nearly 28,000 crashes occurring in work zones in 2024. These accidents resulted in 215 deaths – a 12% increase over the previous year.

Work Zone Accident Statistics:

Work zone fatalities increased 50% nationally from 2013 to 2023
60% of highway contractors reported crashes into their work zones (2025 survey)
43% of contractors reported worker injuries from work zone crashes (2025 survey)

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 (who admitted to receiving a text message) rear-ended her. The force pushed her car into the path of another truck, resulting in a fatal accident.

What to Do After a Car Accident in Hilshire Village

If you’ve been involved in a car accident in Hilshire Village, taking the right steps immediately can protect your health and your legal rights.

Immediate Actions (First 6 Hours):

✅ Safety First: If you can move safely, get to a secure location away from traffic.

✅ Call 911: Report the accident and request medical assistance if anyone is injured.

✅ Medical Attention: Even if you feel fine, get checked by a medical professional. Adrenaline can mask serious injuries.

✅ Document Everything:

Take photos of all vehicle damage (from every angle)
Photograph the accident scene, road conditions, and traffic signals
Take photos of any visible injuries
Screenshot any messages visible on your phone (do NOT delete anything)

✅ Exchange Information:

Other driver’s name, phone number, and address
Insurance company and policy number
Driver’s license number
License plate number
Vehicle make, model, and color

✅ Witnesses: Get names and phone numbers of any witnesses. Ask if they saw what happened and record their statements if possible.

✅ Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to any insurance company.

Next Steps (6-48 Hours):

✅ Preserve Evidence:

Do NOT delete anything from your phone (texts, calls, photos, videos)
Email copies of relevant materials to yourself for backup
Secure damaged clothing, glasses, or personal items

✅ Medical Follow-Up:

Request copies of all medical records related to the accident
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 without consulting an attorney
Do NOT sign anything without attorney review
Do NOT accept any settlement offers at this stage
If contacted by insurance, say: “I need to speak with my attorney first”

✅ Social Media:

Make ALL social media profiles private immediately
Do NOT post about the accident, your injuries, or your activities
Tell friends and family not to tag you in posts
Assume everything you post is being monitored by insurance companies

Days 2-7 (Evidence Preservation):

✅ Legal Consultation: Contact an experienced car accident attorney. Call Attorney911 at 1-888-ATTY-911 for a free consultation.

✅ Insurance Response: If insurance contacts you, refer them to your attorney. Say: “My attorney will be in touch with you.” Provide only basic information like your name, the date of the accident, and that you were involved.

✅ Settlement Offers: Do NOT accept or sign anything without your lawyer’s review. Early offers are always lowball offers, and you don’t know the full extent of your injuries yet.

✅ Evidence Backup: Upload all photos, screenshots, and documents to cloud storage. Email copies to yourself and a family member. Create a written timeline of events while your memory is fresh.

Week One and Beyond:

✅ Medical Treatment: Continue documenting all injuries. See specialists if recommended. Follow all doctor’s orders (insurance companies watch for gaps in treatment). Get written work restrictions if needed.

✅ Investigation: Your attorney will obtain the police report, send preservation letters to all parties, secure surveillance footage before it’s deleted, and record witness statements.

✅ Communication: Your attorney will handle ALL insurance communications. You should focus on your recovery. Document any pressure you receive from insurance companies or other parties.

Why Evidence Disappears Quickly After an Accident

Time is critical in car accident cases. Evidence disappears on a predictable schedule, which is why you should contact Attorney911 immediately.

Evidence Deterioration Timeline:

Day 1-7:

Witness memories are at their peak but begin fading immediately
Physical evidence like skid marks and debris is cleared from the scene
Details become forgotten or uncertain

Day 7-30:

Surveillance footage is typically deleted:
- Gas stations: 7-14 days
- Retail stores: 30 days
- Ring doorbells: 30-60 days
- Traffic cameras: 30 days
Once deleted, this footage is GONE FOREVER
Witnesses become harder to locate as days pass

Month 1-2:

Insurance companies solidify their defense position
Adjusters have built a file against you
Their settlement position hardens
Vehicle repairs destroy evidence from the vehicles once they’re repaired

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 data varies by company
Cell phone records become harder to obtain
Social media posts are deleted, and accounts are deactivated

Month 6-12:

Witnesses graduate, move away, or their memories degrade significantly
Medical evidence becomes harder to link to the accident
Treatment gaps are used against you by insurance companies
Financial desperation mounts as bills pile up

Month 12-24:

You’re approaching the 2-year statute of limitations deadline
This creates pressure to settle (insurance companies know you’re desperate)
Evidence is severely degraded
Your case value is diminished

How Attorney911 Preserves Evidence:

Within 24 hours of retention, we send preservation letters to:

The other driver and their insurance company
Trucking companies (for commercial vehicle accidents)
Businesses near the accident scene (for surveillance footage)
Employers (for employment records and work schedules)
Property owners (for security camera footage)
Government entities (for traffic camera footage)
Vehicle manufacturers (for black box/EDR data)
Rideshare companies (for driver status and GPS data)

These letters LEGALLY REQUIRE evidence preservation before automatic deletion.

Texas Motor Vehicle Accident Laws You Need to Know

Understanding Texas law is crucial to protecting your rights after a car accident in Hilshire Village.

Statute of Limitations

In Texas, you have a limited time to file a lawsuit after a car accident:

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

Exceptions:

Discovery Rule: The statute of limitations 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 may be tolled during periods of mental incapacity

CRITICAL: If you miss the deadline, your case is BARRED forever. You cannot extend or waive this deadline.

Comparative Negligence (51% Bar Rule)

Texas uses a modified comparative negligence system. 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

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

Our Advantage: Lupe Peña’s experience as an insurance defense attorney gives us unique insight into how insurance companies approach comparative fault. He knows the arguments they’ll make to try to reduce your recovery, and he knows how to counter them.

Texas Minimum Auto Insurance Requirements

Texas requires all drivers to carry minimum liability insurance:

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 U.S. motorists are uninsured (approximately 1 in 7 drivers)
UM/UIM coverage is critical for protecting yourself
Texas allows inter-policy stacking, which means you may be able to combine coverage from multiple policies

Dram Shop Liability (TABC § 2.02)

Texas has a dram shop law that allows victims of drunk driving accidents to sue bars, restaurants, and other establishments that served alcohol to obviously intoxicated individuals who then caused accidents.

Elements to Prove:

The establishment served alcohol to a patron who was obviously intoxicated
The over-service was the proximate cause of the accident and damages

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)
Hotels (through bars, room service, or minibars)
Country clubs

Safe Harbor Defense: An establishment may avoid liability if:

All servers completed an approved TABC training program
The business didn’t pressure staff to over-serve
The establishment had policies in place and followed them

Proving Liability in Your Hilshire Village Car Accident Case

To win your car accident case in Texas, you must prove four elements of negligence:

1. Duty of Care

All drivers have a legal duty to operate their vehicles safely. This includes:

Obeying traffic laws
Maintaining a proper lookout
Controlling speed
Commercial drivers have an even higher duty under FMCSA regulations

2. Breach of Duty

The at-fault driver violated their duty of care. Examples include:

Speeding
Running a red light
Texting while driving
Driving under the influence
Failing to yield the right of way

3. Causation

The breach of duty directly caused your injuries. This includes:

“But for” test: But for the defendant’s actions, you would not have been injured
Proximate cause: Your injuries were a foreseeable result of the defendant’s negligent conduct

4. Damages

You suffered actual harm, which can include:

Physical injuries
Financial losses (medical bills, lost wages)
Emotional distress
Property damage

Types of Evidence We Use to Prove Your Case

At Attorney911, we know what evidence matters and how to secure it. Here are the types of evidence we use to build strong cases for our clients:

Physical Evidence:

Vehicle damage photographs (from all angles)
Skid marks, debris, and 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 wage claims)
Cell phone records (to prove distraction)

Electronic Evidence:

ELD (Electronic Logging Device) data from trucks
Vehicle black box/EDR (Event Data Recorder) data
GPS/telematics data
Dashcam footage
Social media posts (from the at-fault party)

Testimonial Evidence:

Witness statements
Expert witness testimony
Medical expert opinions
Accident reconstruction specialists

Damages You Can Recover After a Hilshire Village Car Accident

If you’ve been injured in a car accident in Hilshire Village, you may be entitled to various types of compensation:

Economic Damages (No Cap in Texas):

These are quantifiable financial losses you’ve suffered due to the accident.

Damage Type	What It Covers
Medical Expenses (Past)	ER visits, hospital stays, surgeries, doctor visits, physical therapy, medications, medical equipment
Medical Expenses (Future)	Ongoing treatment, future surgeries, lifetime medications, long-term care
Lost Wages (Past)	Income lost from the date of the accident to the present
Lost Earning Capacity (Future)	Reduced ability to earn income in the future due to permanent injuries
Property Damage	Vehicle repair or replacement, personal property damage
Out-of-Pocket Expenses	Transportation to medical appointments, home modifications, household help

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

These are intangible losses that are more difficult to quantify.

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 in Texas):

These damages are designed to punish the defendant for gross negligence or malice and to deter similar conduct in the future.

When Punitive Damages Are Available:

Fraud: Intentional misrepresentation causing harm
Malice: Specific intent to cause substantial injury
Gross Negligence: Conscious indifference to the rights, safety, or welfare of others

Punitive Damage Caps in Texas:
The greater of:

$200,000, OR
2x economic damages + 1x non-economic damages (capped at $750,000 for the non-economic portion)

Common Situations for Punitive Damages:

Drunk driving accidents
Extreme speeding (100+ mph)
Trucking companies that knowingly allow fatigued drivers to operate
Manufacturers that knowingly sell defective vehicles
Repeat DUI offenders

How Insurance Companies Try to Minimize Your Claim

Insurance companies are not on your side. Their goal is to pay you as little as possible, and they have numerous tactics to achieve this. At Attorney911, we know these tactics because our team includes a former insurance defense attorney who used them for years.

Tactic #1: The Quick Cash Trap

What They Do:
Within days or weeks of your accident, the insurance company will offer you a quick settlement. These offers are typically between $2,000 and $5,000, and sometimes up to $10,000 or $15,000 if they’re worried about your case.

Why They Do It:
They create artificial urgency, hoping you’ll accept a lowball offer before you realize the full extent of your injuries.

The Trap:
You don’t know the full extent of your injuries yet. If you accept their offer and later discover you need surgery or have permanent injuries, you can’t go back for more money.

Example:

Day 3: Insurance offers $3,500 “final settlement”
You’re desperate, in pain, and scared about your financial future
You sign the release, thinking it’s over
Week 6: MRI shows a herniated disc requiring surgery
Surgery costs $100,000
TOO LATE – You signed a release and can’t reopen your claim
You’re now responsible for the $100,000 surgery bill

How We Counter This:
We NEVER settle before you’ve reached Maximum Medical Improvement (MMI). This is the point where your condition has stabilized, and your doctors can give a prognosis for your future. It could take 6 months, 12 months, or even longer depending on your injuries. We know their offers are always lowball – Lupe calculated these offers for years when he worked for insurance companies.

Tactic #2: The Recorded Statement Trap

What They Do:
Within 1-3 days of your accident, an insurance adjuster will contact you. They’ll sound friendly and helpful, saying things like:

“We just want to help you”
“We need to get your side of the story 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. They’ll ask leading questions designed to get you to say things that hurt your case.

Common Questions and Their Traps:

Question They Ask	What They Want You to Say
“You’re feeling better now though, right?”	Trap you into saying you’re improving, even if you’re not
“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 to distraction, even if it’s not true
“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 company
Giving a statement without an attorney ALMOST ALWAYS hurts your case
Insurance companies know this – that’s why they push so hard for statements

How We Counter This:
Once you hire Attorney911:

We become your voice
All calls from insurance companies go through us
You don’t talk to adjusters
If a statement becomes absolutely necessary, we prepare you properly
We sit with you during any statements
We know their questions because Lupe asked them for years

Tactic #3: The “Independent” Medical Exam (IME) Scheme

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

What It Really Is:
An insurance company-hired doctor whose job is to minimize your injuries.

How Insurance Companies Choose IME Doctors:
They select doctors based on:

Who gives insurance-favorable reports (not who’s most qualified)
Doctors who consistently find “no injury” or “pre-existing condition”
Doctors who are 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)
The doctor rarely reviews 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 your 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 We Counter This:

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, Deny, Defend

What They Do:
Insurance companies drag out your case, hoping you’ll get desperate and accept a lowball offer.

Their Tactics:

“Still investigating your claim”
“Waiting for medical records” (even though we sent them months ago)
“Reviewing your file”
“Need additional information”
Ignoring calls and emails
Taking weeks to respond to simple questions

Why Delay Works (On People Without Attorneys):

Insurance Companies Have:

Unlimited time
Unlimited resources
No financial pressure
They’re earning interest on YOUR settlement money while delaying

You Have:

Mounting medical bills
Zero income if you can’t work
Creditors threatening to sue
The need for 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 We Counter This:

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 – 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, and social activities
Look for ANY activity that contradicts your injury claims
One video of you bending over can be used to claim “you’re not really injured”

They Monitor ALL Your Social Media:

Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
They screenshot EVERYTHING: photos, posts, check-ins, comments, likes
They monitor your friends’ profiles for posts mentioning you
They use facial recognition to find photos you’re tagged in
They archive your entire social media history

Examples We’ve Defended Against:

Example	What Happened	What Insurance Claimed	Reality
Old Gym Photo	Gym photo from 3 YEARS AGO	Presented as recent, contradicts injury	We proved metadata showed it 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 for therapy
Smiling in Photo	Family photo where client is smiling	“Not in pain – she’s smiling!”	Everyone smiles for photos

7 Rules for Our Clients:

Make ALL social media profiles private immediately
Do NOT post about the accident, injuries, activities, or emotions
Do NOT check in anywhere
Tell friends and 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 by insurance companies

Lupe’s Insider Quote:

“I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life – they’re building ammunition against you.”

Tactic #6: Comparative Fault Arguments

What They Do:
Insurance companies try to assign you maximum fault to reduce their payment.

Their Arguments:

“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 uses a 51% bar rule. This means:

If you’re 51% or more at fault → You get NOTHING
If you’re 50% or less at fault → Your damages are reduced by your percentage of fault

Even Small Fault Percentages 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

How We Counter This:
We conduct an aggressive liability investigation:

Accident reconstruction to prove the other driver’s fault
Witness statements supporting your version of events
Police report analysis emphasizing citations against the other driver
Expert testimony on perception-reaction time

Lupe’s Advantage: He knows their comparative fault arguments because he made them for years – now he defeats them.

Tactic #7: Colossus Software System

How Insurance Companies ACTUALLY Value Your Claim:

Lupe knows this from the inside – he worked with these systems for years as an insurance defense attorney.

How Colossus Works:

Step	What Happens
1. Data Entry	Adjuster inputs injury codes, treatment types, costs, jurisdiction
2. Coding	Injuries are coded using standardized medical terms
3. Calculation	Software applies algorithms to determine “value”
4. Range Output	System provides a recommended settlement range
5. Authority	Adjuster typically cannot exceed the range without supervisor approval

How Insurance Manipulates Colossus:

Manipulation	Effect
Low Injury Codes	“Soft tissue strain” instead of “disc herniation” reduces value 50-100%
Excessive Treatment Flags	Physical therapy beyond “normal” range triggers reduction
Conservative Treatment Penalty	Chiropractic care valued less than MD treatment
Pre-Existing Reduction	Any prior condition used to reduce value
Jurisdiction Factor	Low-verdict counties get lower values

Why Lupe’s Experience Matters:

He knows how to code injuries properly for maximum value
He knows which medical terms trigger higher valuations
He knows when Colossus output is artificially low
He knows how to present medical records to beat the algorithm
He worked with these systems for years as a defense attorney

Tactic #8: The Medical Authorization Trap

What They Do:
Insurance companies will ask you to sign a medical authorization form, saying:

“We need your medical records to process your claim”
“This is standard procedure”
“We can’t evaluate your claim without it”

What They’re Really Doing:
They want unlimited access to your ENTIRE medical history – not just accident-related records. They’ll search through decades of your medical records looking for:

Old injuries from years ago
Arthritis from 10 years ago
Prior back pain from 2005
Any medical condition ever documented

Using Old Injuries Against You:

“Your back pain isn’t from this accident – you had back pain in 2010”
“Your neck injury is pre-existing – you saw a chiropractor in 2015”
“Your headaches are from a prior concussion, not this accident”
They ignore the fact that the accident aggravated your pre-existing condition

The Truth:

You’re entitled to compensation even with pre-existing conditions
If the accident made your condition worse, you can recover for the aggravation
“Eggshell plaintiff” rule: Defendants take victims as they find them
Prior injury doesn’t give them a license to injure you again

How We Counter This:

We limit medical authorizations to accident-related records only
We specify date ranges and providers
We review ALL authorizations before you sign anything
We explain pre-existing conditions properly to insurance companies
We hire medical experts to explain the aggravation of your condition
“Before the accident: mild occasional back pain. After the accident: severe constant pain requiring surgery.”
We document the DIFFERENCE and prove causation through medical testimony

Lupe’s Advantage: He requested broad medical authorizations for years when he worked for insurance companies. He knows what they’re searching for and how to protect your privacy.

Tactic #9: The Gaps in Treatment Attack

What They Do:
Insurance companies scrutinize your medical records for any gaps in treatment:

Did you miss one physical therapy appointment?
Was there two weeks between doctor visits?
Did you stop treatment for a month?
They pounce on these gaps

Their Arguments:

“If you were really hurt, you wouldn’t miss treatment”
“The gap shows you weren’t really injured”
“You must have felt better – that’s why you stopped going”
“Your injuries can’t be that serious if you’re not treating consistently”

Why Gaps Happen (Legitimate Reasons):

You couldn’t afford copays
You couldn’t get time off work
Transportation issues
Your doctor was booked out for weeks
Insurance denied treatment
COVID-19 lockdowns
Family emergencies

Insurance Doesn’t Care About Your Reasons:

They just see the gap
They use it to minimize your claim
They argue your injuries “resolved” during the gap
They reduce your settlement value

How We Counter This:

We document the reasons for any gaps in your treatment
We get your explanation in writing
We obtain supporting documentation
We show the gap was beyond your control
We prove your injuries didn’t resolve during the gap
We help you find doctors who accept liens (treat now, pay from settlement)
We connect you with transportation if needed
We coordinate appointments around your work schedule
We prevent gaps before they happen
We explain gaps to insurance companies and juries:
- “My client couldn’t afford $50 copays while unable to work”
- “The doctor was booked out 6 weeks – not my client’s fault”
- “COVID-19 shut down the physical therapy clinic”
Legitimate explanations that juries understand

Lupe’s Advantage: He used gaps in treatment to minimize claims for years. He knows which explanations insurance companies accept and how to document around gaps.

Tactic #10: The Policy Limits Bluff

What They Do:
Insurance companies claim they have limited coverage, saying:

“We only have $30,000 in coverage”
“That’s the policy limit – we can’t pay more”
“Take it or leave it”
They hope you won’t investigate further

What They’re Hiding:

Umbrella policies (additional $500,000-$5,000,000 coverage)
Commercial policies (if the driver was working)
Corporate policies (parent company coverage)
Multiple policies that stack
Excess coverage layers

Why They Hide Coverage:

They hope you’ll settle for the minimum policy limits
They want to save millions in additional coverage
They bet you won’t hire an attorney to investigate
Most people don’t know to look for additional policies

How We Counter This:

We investigate ALL available coverage
We demand full policy disclosure
We subpoena insurance files if necessary
We search for umbrella policies
We identify corporate coverage
We find employer policies
We discover parent company coverage
We file lawsuits to force disclosure
Discovery process reveals hidden policies
We depose insurance representatives
We send document requests for all policies
They can’t hide coverage in litigation

Lupe’s Insurance Knowledge Finds Hidden Policies:

He knows the coverage structures insurance companies use
He knows where umbrella policies are typically hidden
He knows how to identify corporate coverage
He spent years evaluating multi-layer coverage
He finds policies other attorneys miss

Real Example:
Insurance claimed a $30,000 policy limit. We investigated and found:

$30,000 personal auto policy
$1,000,000 commercial policy (driver was making a delivery)
$2,000,000 umbrella policy
$5,000,000 corporate policy (parent company)

Total available: $8,030,000, not $30,000.

Our client recovered $3,200,000 instead of $30,000.

This is why hiring an attorney who investigates ALL coverage matters.

Common Injuries in Hilshire Village Car Accidents

Car accidents can cause a wide range of injuries, from minor to catastrophic. Here are some of the most common injuries we see in our Hilshire Village clients:

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% of TBI patients)
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 the 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 prognosis
B	Sensory Incomplete	Sensory function but no motor function below injury
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 for spinal cord injury patients)
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 of Amputations:

Traumatic Amputation: Limb severed at the accident scene by collision impact
Surgical Amputation: Due to crush injuries or infections (like our client whose leg injury led to amputation)

Levels of Amputation:

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

Phantom Limb Pain:

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

Case Example: 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 of Burns:

Degree	Characteristics	Treatment
First-Degree	Superficial, like sunburn, heals in 7-10 days	Outpatient care
Second-Degree	Blistering, severe pain, may scar	Monitor, possible hospitalization
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 care
10-20%	Hospitalization required
20-40%	Burn center, ICU, multiple surgeries
>40%	Extremely life-threatening
>60%	Often fatal

Herniated Disc

Treatment Timeline:

Acute Phase (Weeks 1-6): Severe pain, medications, rest. Cost: $2,000-$5,000
Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic care. Cost: $5,000-$12,000
Interventional (If Conservative Fails): Epidural steroid injections (series of 3). Cost: $3,000-$6,000
Surgery (If Injections Fail): Microdiscectomy or spinal fusion. Cost: $50,000-$120,000

Permanent Restrictions Impact:

Can’t return to physical labor jobs
Lost earning capacity claims
Ongoing pain management needs

Soft Tissue Injuries

Why Insurance Undervalues Soft Tissue Injuries:

No broken bones or surgery = appears “minor”
Difficult to see on X-rays
Symptoms are subjective (pain, stiffness)

Why Soft Tissue Injuries Can Be Serious:

15-20% develop chronic pain
Can prevent return to physical jobs
Whiplash can cause permanent problems
Often misdiagnosed initially (rotator cuff tears thought to be sprains)

Proper Documentation is CRITICAL:

Detailed pain descriptions to doctors
Consistent treatment (no gaps)
MRI proving injury
Physical therapy records
Work restrictions documented

Psychological Injuries

PTSD After Motor Vehicle Accidents:

32-45% of accident victims develop PTSD symptoms
Anxiety about driving again
Fear of getting in cars (as driver or passenger)
Panic attacks near accident location or on similar roads
Sleep disturbances, nightmares, flashbacks
Avoidance behaviors

Compensable Psychological Damages:

Mental anguish
Emotional distress
Anxiety and depression
Loss of enjoyment of life
Fear and worry
Relationship impacts

Why Choose Attorney911 for Your Hilshire Village Car Accident Case?

With so many law firms to choose from in Hilshire Village and the greater Houston area, why should you trust Attorney911 with your case? Here are the unique advantages we bring to every case:

1. Insurance Defense Insider Knowledge

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

What This Means for Your Case:

We know their tactics because Lupe used them for years
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

This is a truly unique advantage that no other Hilshire Village law firm can offer.

2. Proven Track Record of Multi-Million Dollar Results

At Attorney911, we don’t just talk about results – we have the proven track record to back it up:

Multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a 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
In a recent case, our client injured his back while lifting cargo on a ship. Our investigation revealed that he should have been assisted in this duty, and we were able to reach a significant cash settlement

Our results prove we don’t settle cheap.

3. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission gives us the capability to handle complex cases that other Hilshire Village law firms can’t, including:

Trucking accidents involving interstate commerce
Cases against out-of-state defendants
Complex product liability cases
Cases involving federal regulations (FMCSA)

BP Explosion Litigation: Our firm is one of the few in Texas to be involved in BP explosion litigation. This experience demonstrates our ability to take on billion-dollar corporations and win.

4. Personal Attention from Experienced Attorneys

At Attorney911, you work directly with Ralph Manginello and Lupe Peña – not case managers or junior associates. Our clients consistently praise our personal attention and communication:

“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad Harris

“I never felt like ‘just another case’ they were working on.” – Ambur Hamilton

“Consistent communication and not one time did i call and not get a clear answer…Ralph reached out personally.” – Dame Haskett

5. Contingency Fee – No Risk to You

We work on a contingency fee basis, which means:

You pay nothing upfront
We don’t get paid unless we win your case
If we recover compensation for you, our fee is a percentage of the recovery
You may still be responsible for court costs and case expenses regardless of outcome
Free consultation available to discuss our fee structure

This means you can hire an experienced Hilshire Village car accident lawyer with no financial risk.

6. 24/7 Availability – We Answer When You Need Us

When you call 1-888-ATTY-911, you’re reaching a legal emergency line, not a call center. We’re here to help when you need us most.

7. Local Hilshire Village Expertise

We know the local courts, judges, and insurance adjusters who handle claims in Harris County. Our familiarity with the Hilshire Village legal landscape gives us an edge in negotiating fair settlements and presenting strong cases in court.

8. Comprehensive Case Handling

From the moment you hire us, we handle every aspect of your case:

Investigating the accident
Gathering evidence
Dealing with insurance companies
Coordinating your medical treatment
Calculating your damages
Negotiating with insurance companies
Preparing for trial if necessary

You focus on your recovery while we focus on your case.

9. Spanish Language Services

Lupe Peña is fluent in Spanish, and our staff includes bilingual team members. We ensure that language is never a barrier to getting the legal help you need.

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

10. Community Commitment

Attorney911 is proud to serve the Hilshire Village community. We’re not just your lawyers – we’re your neighbors. We’re committed to helping Hilshire Village residents get the justice and compensation they deserve after an accident.

Frequently Asked Questions About Car Accidents in Hilshire Village

Immediate After Accident:

1. What should I do immediately after a car accident in Hilshire Village?

If you’ve been in an accident in Hilshire Village:

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 at 1-888-ATTY-911 for immediate legal guidance

2. Should I call the police even for a minor accident?

Yes. Always call the 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 information
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?

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 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 the actual value of your case. 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 or underinsured?

Your own UM/UIM coverage can compensate you. Uninsured/Underinsured Motorist coverage is critical protection – approximately 1 in 7 Texas drivers are uninsured.

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

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 at 1-888-ATTY-911.

15. How much time do I have to file a lawsuit (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 = case barred forever.

16. What is comparative negligence and how does it affect me?

Texas uses a 51% bar rule. If you’re 50% or less at fault, you can recover damages (reduced by your fault %). If you’re 51% or more at fault, you recover nothing.

17. 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 in negotiations.

18. How long will my case take to settle?

It depends on the severity of your injuries. 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.

19. 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

20. 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.

Compensation:

21. What is my case worth?

It 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 damages (except in medical malpractice cases).

24. What if I have a pre-existing condition?

You can still recover if the accident aggravated or worsened your pre-existing condition. 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 for your specific situation.

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 a contingency fee basis: 33.33% before trial, 40% if the case goes to trial. You pay nothing unless we win.

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

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 companies monitor 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 that you didn’t realize the severity of your 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. The “eggshell plaintiff” rule means defendants take victims as they find them. Example: You had mild occasional back pain. The 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 companies attack 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, 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.

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 of experience 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 footage 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. Your 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 often argue that “parking lot accidents are always 50/50 fault” – this is a 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. There are 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.

Hilshire Village-Specific Information

Hilshire Village is a small, affluent community located within the Houston metropolitan area. While it’s one of the smallest municipalities in Texas, accidents can and do happen on its streets and the surrounding major highways.

Hilshire Village Courts and Legal System

Hilshire Village is located within Harris County, which means:

Most personal injury cases are filed in Harris County Civil Courts
The Harris County District Courts handle more complex cases
The Southern District of Texas (Houston Division) handles federal cases
The Harris County Justice of the Peace Courts handle minor cases

Our familiarity with the Hilshire Village legal landscape and Harris County courts gives us an advantage in handling your case.

Common Accident Locations in Hilshire Village

While Hilshire Village itself is small, accidents often occur on:

Memorial Drive (a major thoroughfare that runs through the area)
Nearby highways like I-10 and Loop 610
Intersections along Memorial Drive and surrounding streets
Parking lots of local businesses and shopping centers

Nearby Hospitals and Medical Facilities

If you’re injured in a Hilshire Village car accident, you may be taken to one of these nearby hospitals:

Houston Methodist Hospital (in the Texas Medical Center)
Memorial Hermann – Texas Medical Center (Level I trauma center)
Ben Taub Hospital (Level I trauma center)
Houston Methodist West Hospital
Memorial Hermann Memorial City Medical Center

These facilities are equipped to handle the most serious injuries, from traumatic brain injuries to spinal cord damage.

Hilshire Village Demographics and Economic Factors

Hilshire Village is known for its:

Affluent population with high median household incomes
High property values
Excellent school district (Spring Branch ISD)
Proximity to major employment centers like the Energy Corridor and Galleria area

These factors can impact:

Lost earning capacity calculations (higher incomes mean higher potential losses)
Property damage claims (more expensive vehicles)
Quality of life damages (higher standard of living affected by injuries)

Why Local Knowledge Matters

When you choose Attorney911 for your Hilshire Village car accident case, you’re choosing a firm that:

Understands the local courts and judges
Knows the insurance adjusters who handle claims in this area
Is familiar with the medical facilities where you’ll receive treatment
Understands the economic factors that affect your case
Is committed to serving the Hilshire Village community

What to Do Next: Contact Attorney911 Today

If you’ve been injured in a car accident in Hilshire Village, time is critical. Evidence disappears daily, and insurance companies are already building their case against you.

Here’s what you should do right now:

Call Attorney911 at 1-888-ATTY-911 for a free, no-obligation consultation
Don’t talk to insurance companies – refer them to us
Focus on your recovery – we’ll handle everything else
Document everything – keep all medical records, bills, and accident-related documents

What happens when you call:

You’ll speak with a real attorney, not a call center
We’ll listen to your story and answer your questions
We’ll explain your legal rights and options
If we take your case, we’ll start working immediately to protect your rights
You pay nothing unless we win your case

Remember:

Free consultation – no obligation
No fee unless we win – you pay nothing upfront
Evidence disappears daily – call now
Insurance companies are not on your side – we are

At Attorney911, we’re more than just your lawyers – we’re your neighbors, your advocates, and your legal emergency responders. We’ve been serving the Hilshire Village community for over 25 years, and we’re committed to fighting for the compensation you deserve.

Don’t wait – call 1-888-ATTY-911 now.