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Tomball Car & Truck Accident Lawyers | 18-Wheelers, Commercial Vehicles, Rideshare Crashes on I-45 & Highway 249 | Former Insurance Defense — We Know Their Playbook | Multi-Million-Dollar Results | Attorney911 — The Firm Insurers Fear | Federal Court Experience | Se Habla Español | 1-888-ATTY-911

Motor Vehicle Accident Lawyers in Tomball, Texas

Legal Emergency? Call 1-888-ATTY-911 Now

If you’ve been injured in a car accident in Tomball, Texas, your life can change in an instant. One moment you’re driving to work, running errands, or heading home to your family in the Tomball area. The next, you’re dealing with overwhelming pain, mounting medical bills, and insurance adjusters who seem more interested in protecting their bottom line than helping you recover.

At Attorney911, we understand what you’re going through. As Tomball’s trusted motor vehicle accident lawyers, we’ve helped hundreds of accident victims across Harris County fight for the compensation they deserve. With over 25 years of experience serving the Tomball community, our legal team knows how to take on insurance companies and win.

Don’t let the insurance companies take advantage of you during this vulnerable time. Call our legal emergency hotline at 1-888-ATTY-911 now for a free consultation. We don’t get paid unless we win your case.

Why Tomball Accident Victims Choose Attorney911

We Know Tomball’s Roads and Courts

Tomball isn’t just another Texas city to us – it’s our community. We know the dangerous intersections along FM 2920, the heavy truck traffic on Highway 249, and the congestion hotspots near the Grand Parkway. Our attorneys are familiar with the Harris County court system and have established relationships with local judges and opposing counsel.

When you choose Attorney911, you’re choosing a law firm that understands:

  • The unique traffic patterns in Tomball and surrounding areas
  • The specific challenges faced by local accident victims
  • The Harris County court system where your case will be heard
  • The insurance companies that operate in our area

Our Insurance Defense Advantage

Most personal injury law firms have never worked for insurance companies. We have. Our attorney Lupe Peña spent years working at a national defense firm, learning firsthand how large insurance companies value claims and build cases against accident victims.

Now, he uses that insider knowledge to fight FOR you. Lupe knows:

  • How insurance companies calculate settlement offers
  • Which tactics they use to minimize your claim
  • How to counter their strategies effectively
  • Which doctors they send you to for “independent” medical exams
  • How to maximize your compensation using their own systems

This unique advantage means we can anticipate and counter insurance company tactics before they even deploy them.

Multi-Million Dollar Results for Tomball Clients

Our results speak for themselves. We’ve recovered millions for accident victims in Tomball and across Harris County:

“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”

“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions”

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

These aren’t just numbers – they’re real people from Tomball and surrounding communities who were able to rebuild their lives after devastating accidents.

Personal Attention You Won’t Find at Big Firms

When you call Attorney911, you’ll speak directly with experienced attorneys, not case managers or paralegals. As client Chad Harris shared:

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

This personal touch is what sets us apart from high-volume firms where you’re just another case number. Our Tomball clients consistently praise our communication and care:

“Melanie was excellent. She kept me informed and when she said she would call me back, she did.” – Brian Butchee

“Leonor reached out to me…She took all the weight of my worries off my shoulders.” – Stephanie Hernandez

Common Types of Motor Vehicle Accidents in Tomball

Tomball’s unique location and roadways create specific accident risks. Here are the most common types of motor vehicle accidents we handle for Tomball residents:

Car Accidents in Tomball

With over 251,977 people injured in Texas motor vehicle crashes in 2024 alone, car accidents are the most common type of collision in Tomball. The mix of local roads, state highways, and increasing traffic from new developments creates dangerous conditions.

Common causes of car accidents in Tomball:

  • Distracted driving (especially near shopping centers and schools)
  • Speeding on Highway 249 and FM 2920
  • Failure to yield at intersections like FM 2920 and FM 2978
  • Running red lights on Main Street and Business 249
  • Following too closely on congested roads
  • Drunk driving, particularly on weekends

Common injuries in Tomball car accidents:

  • Whiplash and soft tissue injuries
  • Herniated discs (common in rear-end collisions)
  • Broken bones and fractures
  • Traumatic brain injuries (TBI)
  • Spinal cord injuries
  • Internal organ damage

Tomball 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”

If you’ve been injured in a Tomball car accident, don’t let the insurance company lowball your claim. Call 1-888-ATTY-911 for a free consultation.

Trucking Accidents on Tomball Highways

Tomball’s location near major highways like Highway 249 and the Grand Parkway means heavy truck traffic flows through our community daily. With 39,393 commercial motor vehicle crashes in Texas in 2024, trucking accidents are a serious concern for Tomball residents.

Why trucking accidents are more dangerous:

  • Trucks weigh up to 80,000 pounds – 20 times more than passenger vehicles
  • Longer stopping distances create rear-end collision risks
  • Limited visibility leads to blind spot accidents
  • Cargo shifts can cause rollovers or spills
  • Driver fatigue is a major factor

Federal regulations trucking companies often violate:

  • Hours of Service (HOS) rules limiting driving time
  • Mandatory 30-minute breaks after 8 hours of driving
  • 60/70-hour weekly limits
  • Electronic Logging Device (ELD) requirements
  • Commercial driver BAC limit of 0.04%

Why these cases are complex:

  • Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
  • Higher insurance limits ($750,000 to $5,000,000+ policies)
  • Federal court experience required for FMCSA cases
  • Electronic data that can be overwritten

Tomball case result:

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

Our firm is one of the few in Texas involved in BP explosion litigation, demonstrating our capability to take on billion-dollar corporations.

If you’ve been injured in a trucking accident in Tomball, call 1-888-ATTY-911 immediately. Evidence like ELD data can be overwritten in as little as 30 days.

Drunk Driving Accidents in Tomball

With 1,053 alcohol-impaired driving deaths in Texas in 2024 (25.37% of all fatalities), drunk driving remains a serious problem in Tomball and Harris County. These preventable accidents devastate families and communities.

Tomball drunk driving statistics:

  • 24,000+ DWI-related crashes in Texas annually
  • 1 death every 39 minutes nationally from alcohol-impaired driving
  • BAC 0.08%+ is legally intoxicated under Texas Penal Code § 49.04

Dram shop liability in Texas:
Under Texas Alcoholic Beverage Code § 2.02, bars and restaurants can be held liable if they serve alcohol to someone who is obviously intoxicated and that person later causes an 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

Who can be held liable:

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

Why these cases often result in higher settlements:

  • Punitive damages available for gross negligence
  • Multiple defendants (driver + bar/restaurant)
  • Criminal case strengthens civil case
  • Insurance cannot defend the indefensible

Our advantage in drunk driving cases:
Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), giving us unique insight into both the criminal and civil aspects of DWI accidents. Our firm has successfully handled DWI cases, including:

“Our client was charged with drunk driving based on a breath test. Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines. The charges were dismissed”

“Our client drove home at 2:30 a.m., hit a curb and rolled his car, injuring a passenger. We learned that 1) police conducted no breath or blood test, 2) EMS didn’t note intoxication, 3) nurse notes from hospital were missing. Case dismissed on day of trial”

If you or a loved one has been injured by a drunk driver in Tomball, call 1-888-ATTY-911. We’ll investigate every angle, including dram shop liability.

Motorcycle Accidents in Tomball

With 585 motorcyclist fatalities in Texas in 2024, motorcycle accidents are particularly dangerous for Tomball riders. Harris County consistently ranks as the #1 county in Texas for motorcycle accidents.

Tomball motorcycle accident risks:

  • Failure to yield right of way (most common cause)
  • Driver inattention on busy Tomball roads
  • Unsafe lane changes on Highway 249
  • Left-turn accidents at intersections
  • Speeding and reckless driving

Texas helmet law:

  • Required for all riders under 21
  • Riders 21+ exempt if they’ve completed a safety course OR have $10,000+ medical insurance
  • Helmets reduce death risk by 37%

Why insurance companies often blame motorcyclists:
Texas uses a 51% comparative fault rule. If you’re found to be 51% or more at fault, you recover nothing. Insurance companies routinely try to assign maximum fault to motorcyclists.

Our advantage:
Lupe Peña spent years making comparative fault arguments for insurance companies. Now, he uses that knowledge to counter these arguments and protect your rights.

If you’ve been injured in a Tomball motorcycle accident, don’t let the insurance company blame you. Call 1-888-ATTY-911 for experienced representation.

Pedestrian Accidents in Tomball

With 6,095 pedestrian crashes in Texas in 2024 resulting in 768 fatalities, pedestrian accidents are a growing concern in Tomball. Pedestrians account for just 1% of crashes but 19% of all roadway deaths.

Tomball pedestrian danger zones:

  • Intersections along FM 2920
  • Shopping centers with high foot traffic
  • School zones
  • Residential areas with poor lighting
  • Crosswalks near major roads

Critical legal point for Tomball pedestrians:
Pedestrians ALWAYS have the right-of-way at intersections under Texas law – even at unmarked crosswalks. Many drivers don’t know this, and insurance companies won’t tell you.

Common pedestrian injuries:

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

If you’ve been hit by a car while walking in Tomball, you have rights. Call 1-888-ATTY-911 to learn how we can help.

Rideshare Accidents (Uber/Lyft) in Tomball

With 11 billion rideshare trips in the US since 2010, rideshare accidents are becoming more common in Tomball. These cases are complex due to the multiple insurance policies involved.

Rideshare insurance phases:

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

Why this matters for your claim:
Insurance coverage varies dramatically based on what the driver was doing at the moment of the crash. This complexity is why you need an experienced Tomball rideshare accident attorney.

Who can be injured in rideshare accidents:

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

If you’ve been injured in a Tomball rideshare accident, call 1-888-ATTY-911. We know how to navigate the complex insurance landscape.

What to Do After a Motor Vehicle Accident in Tomball

Immediate Steps (First 24 Hours)

At the scene:
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
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
    Exchange information:
  • Other driver’s name, phone, address
  • Insurance company and policy number
  • Driver’s license number
  • License plate number
  • Vehicle make, model, color
    Get witness information: Names and phone numbers of any witnesses
    Call Attorney911: 1-888-ATTY-911 for immediate legal guidance

Do NOT:

  • Admit fault or apologize
  • Give recorded statements to insurance companies
  • Sign anything without legal review
  • Post about the accident on social media

Next Steps (24-48 Hours)

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
    Medical records:
  • Request copies of all ER/hospital records
  • Keep all discharge paperwork
  • Follow up with your primary care physician within 48 hours

Insurance communications:
Note all contact 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 or injuries
Do NOT post photos of activities
Tell friends/family not to tag you in posts

Critical First Week Actions

Medical follow-up:
✅ Continue documenting all injuries
✅ See specialists if recommended
✅ Follow ALL doctor recommendations
✅ Get written work restrictions if needed

Legal action:
Call Attorney911: 1-888-ATTY-911 if you haven’t already
We will:

  • Obtain the police report
  • Send preservation letters to all parties
  • Secure surveillance footage before deletion
  • Interview witnesses while memories are fresh
  • Begin building your case

Why Evidence Disappears Quickly in Tomball Accidents

Evidence Deterioration Timeline

Timeframe What Disappears Why It Matters
Hours to Days Witness memories fade Details become uncertain or forgotten
7-30 Days Surveillance footage deleted Gas stations: 7-14 days, Retail stores: 30 days
30-180 Days ELD/black box data overwritten Trucking companies may overwrite electronic data
Weeks to Months Witnesses move or become unreachable Contact information changes, memories fade
Months Insurance companies solidify defense They build their case against you while you recover
1 Year+ Approaching statute of limitations Creates pressure to settle for less

Every day you wait, evidence disappears. Call Attorney911 at 1-888-ATTY-911 now.

Texas Motor Vehicle Accident Law Explained

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

Miss the deadline = case BARRED forever.

Comparative Negligence (51% Rule)

Texas uses modified comparative negligence with a 51% bar:

  • If you are 50% or less at fault → You can recover damages (reduced by your % of fault)
  • If you are 51% or more at fault → You recover NOTHING

Examples:

Your Fault % Case Value Your Recovery
0% $100,000 $100,000
10% $100,000 $90,000
25% $250,000 $187,500
40% $500,000 $300,000
50% $500,000 $250,000
51% $500,000 $0

Insurance companies ALWAYS try to assign maximum fault to you to reduce their payment.

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)
  • UM/UIM coverage is critical for protection
  • Texas allows inter-policy stacking

How Insurance Companies Try to Cheat Tomball Accident Victims

Tactic #1: Quick Contact & Recorded Statement

What they do:

  • Contact you within hours of your accident
  • Act friendly and helpful
  • Ask you to give a recorded statement
  • Say it’s “routine” or “required”

What they’re really doing:

  • Building their defense against you
  • Asking leading questions designed to minimize your injuries
  • Getting you to say things that hurt your case

Common questions and traps:

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?” Suggest injuries aren’t serious
“You were able to walk away from the scene?” Suggest you weren’t hurt
“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:
Once you hire us:

  • We become your voice
  • All calls go through us
  • You don’t talk to adjusters
  • We prepare you properly if a statement becomes necessary
  • We sit with you during any statements

We know their questions because Lupe asked them for years.

Tactic #2: Quick Settlement Offer

What they do:

  • Offer you money within days or weeks of your accident
  • Typical offers: $2,000-$5,000
  • Sometimes $10,000-$15,000 if they’re worried
  • Create artificial urgency: “This offer expires in 48 hours”

The trap:
You don’t know the extent of your injuries yet.

What happens if you accept:

Day 3 Week 6 Result
Insurance offers $3,500 “final settlement” MRI shows herniated disc requiring surgery Surgery costs $100,000
You’re desperate, in pain, scared Too late – you signed a release
You sign the release You pay $100,000 out of pocket

RELEASE IS PERMANENT AND FINAL.

How Attorney911 counters:
NEVER settle before Maximum Medical Improvement (MMI)

  • MMI = as good as you’ll get medically
  • Could be 6 months, 12 months, 24+ months
  • Can’t know true case value until MMI
  • We know offers are ALWAYS lowball
  • Lupe calculated these lowball offers for years – he KNOWS they’re offering 10-20% of true value

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

What they call it:
“Independent Medical Examination”

What it really is:
An insurance company hired doctor to minimize your injuries

How they choose IME doctors:

  • Based on who gives insurance-favorable reports
  • Doctors who consistently find “no injury” or “pre-existing condition”
  • Doctors paid thousands by insurance companies
  • Repeat business = repeat favorable reports

What happens at the IME:

  • 10-15 minute “examination”
  • Cursory physical exam
  • Rarely review your complete medical records
  • Ask questions designed to elicit “I’m feeling better” responses
  • Look for ANY reason to minimize injuries

Common IME doctor findings:

What They Say What It Means
“Patient has pre-existing degenerative changes” Everyone over 40 has some arthritis – used to deny claims
“Injuries consistent with minor trauma” Minimizes your pain and suffering
“Patient can return to full duty work” Eliminates lost wage claims
“Treatment has been excessive” Attacks your treating doctors
“Subjective complaints out of proportion to objective findings” Medical speak for calling you a LIAR

How Attorney911 counters:

  • We prepare you extensively before the exam
  • We send complete medical records to the IME doctor first
  • We challenge biased IME reports with our own medical experts
  • Lupe knows these specific doctors and their biases – he hired them for years

Tactic #4: Delay and Financial Pressure

What they do:

  • “Still investigating your claim”
  • “Waiting for medical records” (that you sent months ago)
  • “Reviewing your file”
  • “Need additional information”
  • Ignore calls and emails
  • Take weeks to respond to simple questions

Why delay works:
Insurance Companies Have:

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

You Have:

  • Mounting bills
  • Zero income
  • Creditors threatening
  • Need money NOW

Financial desperation makes you accept less:

Month 1 Month 6 Month 12
You’d reject $5,000 offer You’d seriously consider $5,000 You’d BEG for $5,000

How Attorney911 counters:

  • We file lawsuit to force deadlines
  • We set depositions forcing them to produce witnesses
  • We prepare for trial showing we’re serious
  • Lupe understands delay tactics because he used them – knows when to push

Tactic #5: Surveillance and Social Media Monitoring

What they do:

  • Hire private investigators to follow you
  • Video you doing daily activities
  • Film from public places (your driveway, street, stores)
  • Look for ANY activity contradicting injury claims
  • One video of you bending over = “Not really injured”

Social media monitoring:

  • Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
  • Screenshot EVERYTHING: photos, posts, check-ins, comments, likes
  • Monitor your friends’ profiles for posts mentioning you
  • Use facial recognition to find photos you’re tagged in
  • Archive your entire social media history

Examples we’ve defended:

Example What Happened Insurance Claimed Reality
Old Photo Gym photo from 3 YEARS AGO Presented as recent, contradicts injury We proved metadata was pre-accident
Restaurant Check-in Facebook check-in at restaurant “Partying and having fun” Sitting quietly having dinner
Friend’s Comment Friend posted “Had fun yesterday!” Evidence of non-injury Client was resting at home
Walking Dog Video of client walking dog slowly “Not disabled” Doctor RECOMMENDED short walks
Smiling in Photo Family photo smiling “Not in pain – she’s smiling!” Everyone smiles for photos

7 Rules for Tomball clients:

  1. Make ALL profiles private immediately
  2. DON’T post about accident, injuries, activities, emotions, case
  3. DON’T check in anywhere
  4. Tell friends/family: don’t tag, don’t post about you
  5. Don’t accept friend requests from strangers (fake profiles)
  6. BEST: Stay off social media entirely during case
  7. Assume EVERYTHING is being monitored

Lupe’s insider quote:

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

Tactic #6: Comparative Fault Arguments

What they do:
Try to assign you MAXIMUM fault to reduce their payment:

  • “You were speeding” (without evidence)
  • “You weren’t paying attention” (speculation)
  • “You could have avoided this” (hindsight bias)
  • “You were distracted” (guessing)
  • “You contributed to this accident” (shifting blame)

Why they do this:
Texas 51% bar rule means:

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

Even small fault percentages cost thousands:

  • 10% fault on $100,000 case = $10,000 less for you
  • 25% fault on $250,000 case = $62,500 less for you
  • 40% fault on $500,000 case = $200,000 less for you

How Attorney911 counters:

  • Aggressive liability investigation
  • Accident reconstruction proving other driver’s fault
  • Witness statements supporting your version
  • Police report analysis emphasizing citations
  • Expert testimony on perception-reaction time
  • Lupe knows their fault arguments because he made them for years – now he defeats them

How Insurance Companies Actually Value Your Claim

Colossus Software System

Lupe Peña knows this system from the inside – he used it for years working for insurance companies.

How Colossus works:

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

How insurance companies manipulate Colossus:

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

Why Lupe’s experience matters:

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

Reserve Setting Psychology

What reserves are:

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

How we increase reserves:

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

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

What You Can Recover After a Tomball Accident

Types of Damages

Economic Damages (No Cap in Texas):

  • Medical expenses (past and future)
  • Lost wages and earning capacity
  • Property damage
  • Out-of-pocket expenses

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

  • Pain and suffering
  • Mental anguish
  • Physical impairment
  • Disfigurement
  • Loss of enjoyment of life
  • Loss of consortium

Punitive/Exemplary Damages (Capped):

  • Available for gross negligence, fraud, or malice
  • Drunk driving cases often qualify
  • Cap: Greater of $200,000 OR (2x economic + 1x non-economic max $750,000)

Settlement Ranges by Injury Type

Soft Tissue Injuries (Whiplash, Sprains, Strains):

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

Broken Bone (Requiring Surgery – ORIF):

  • Medical Treatment: $47,000-$98,000
  • Lost Wages: $10,000-$30,000
  • Pain & Suffering: $75,000-$200,000
  • SETTLEMENT RANGE: $132,000-$328,000

Herniated Disc (Surgery Required):

  • Total Past Medical: $96,000-$205,000
  • Future Medical: $30,000-$100,000
  • Lost Wages: $20,000-$50,000
  • Lost Earning Capacity: $50,000-$400,000
  • Pain & Suffering: $150,000-$450,000
  • SETTLEMENT RANGE: $346,000-$1,205,000

Traumatic Brain Injury (Moderate to Severe):

  • Total Past Medical: $198,000-$638,000
  • Future Medical: $300,000-$3,000,000+
  • Lost Wages: $50,000-$200,000
  • Lost Earning Capacity: $500,000-$3,000,000+
  • Pain & Suffering: $500,000-$3,000,000+
  • SETTLEMENT RANGE: $1,548,000-$9,838,000

Spinal Cord Injury / Paralysis:

  • Lifetime Care Costs: $2,500,000-$13,000,000+
  • SETTLEMENT RANGE: $4,770,000-$25,880,000

Amputation:

  • Total Past Medical: $170,000-$480,000
  • Future Medical: $500,000-$2,000,000
  • SETTLEMENT RANGE: $1,945,000-$8,630,000

Wrongful Death (Working Age Adult):

  • Economic Damages: $1,000,000-$4,000,000
  • Non-Economic Damages: $850,000-$5,000,000
  • SETTLEMENT RANGE: $1,910,000-$9,520,000

Nuclear Verdicts in Texas

Insurance companies fear nuclear verdicts (awards exceeding $10 million). This fear increases settlement values across ALL serious injury cases.

Recent Texas nuclear verdicts:

  • 2024 Hatch v. Jones (car accident wrongful death): $81,720,000
  • 2024 Frito-Lay Warehouse (vehicle collision): $72,000,000
  • 2024 Lopez v. All Points 360 (Amazon): $105,000,000
  • 2024 New Prime I-35 pileup (6 deaths): $44,100,000
  • 2024 Oncor Electric (trucking): $37,500,000

Attorney911’s trial readiness and multi-million dollar track record give us leverage in every negotiation.

Why Choose Attorney911 for Your Tomball Accident Case

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 Tomball has this advantage.

2. Multi-Million Dollar Results

Attorney911 has recovered millions for victims of:

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

Our results prove we don’t settle cheap.

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”

4. Personal Attention You Deserve

What Tomball clients say:

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

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

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

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

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

Frequently Asked Questions About Tomball Accident Cases

Immediate After Accident

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

If you’ve been in an accident in Tomball:

  • Call 911 and report the accident
  • Seek medical attention even if you feel fine (adrenaline masks injuries)
  • Document everything: photos of damage, injuries, scene
  • Exchange information with other driver
  • Get witness names and phone numbers
  • Do NOT give recorded statement to any insurance company
  • Call Attorney911: 1-888-ATTY-911

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

Yes. Always call police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000.

3. Should I seek medical attention if I don’t feel hurt?

ABSOLUTELY. Many serious injuries don’t show symptoms immediately:

  • Traumatic brain injuries can take days to manifest
  • Internal bleeding may not be obvious
  • Herniated discs may not cause pain for weeks
  • Adrenaline masks pain at the scene

Insurance companies use delays in treatment against you. Get checked immediately at Tomball Regional Medical Center or another local hospital.

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 Tomball?

You can obtain the police report from the Tomball Police Department or through the Texas Department of Transportation’s Crash Records Information System (CRIS).

Dealing with Insurance

7. Should I give a recorded statement to insurance?

To the other driver’s insurance: NO. Not without an attorney.
To your own insurance: You have a duty to cooperate, but call Attorney911 first. We can advise you.

8. What if the other driver’s insurance contacts me?

Say: “I need to speak with my attorney first.” Give only basic information (name, date of accident). Do NOT give recorded statement. Do NOT discuss injuries or fault.

9. Do I have to accept the insurance company’s estimate?

No. Their estimate is just an offer. It’s usually far below actual value. Attorney911 fights for what your case is really worth.

10. Should I accept a quick settlement offer?

NEVER accept settlement before knowing full extent of injuries. Once you sign a release, you cannot get more money even if you need surgery later.

11. What if the other driver is uninsured/underinsured?

Your own UM/UIM coverage can compensate you. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8

12. Why does insurance want me to sign a medical authorization?

They want unlimited access to your ENTIRE medical history to find pre-existing conditions to use against you. Never sign without attorney review.

Legal Process

13. Do I have a personal injury case?

You may have a case if:

  • Someone else was at fault (even partially)
  • You suffered injuries or damages
  • There is insurance to recover from

Watch our video: “Do I Have a Good Case?” at https://www.youtube.com/watch?v=j-PMMP5Jims

14. When should I hire a car accident lawyer in Tomball?

Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911: 1-888-ATTY-911

15. How much time do I have to file (statute of limitations)?

In Texas: 2 years from date of accident for personal injury, 2 years from date of death for wrongful death. Miss it = case barred forever.

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

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

Watch our video: “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4

17. What happens if I was partially at fault?

You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.

18. Will my case go to trial?

Most cases settle before trial. But Attorney911 prepares every case AS IF it’s going to trial. That’s what gives us leverage.

Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc

19. How long will my case take to settle?

Depends on injury severity. We don’t settle until you’ve reached maximum medical improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.

20. What is the legal process step-by-step?

  1. Investigation and evidence gathering
  2. Medical treatment to MMI
  3. Demand letter to insurance
  4. Negotiation
  5. Lawsuit if necessary
  6. Discovery
  7. Mediation
  8. 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 in Tomball?

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 on my case?

Attorney911 provides regular updates. As client Dame Haskett said: “Consistent communication and not one time did i call and not get a clear answer.”

30. Who will actually handle my case?

At Attorney911, you work directly with Ralph Manginello and Lupe Peña, not just paralegals. As Chad Harris said: “You are NOT just some client…You are FAMILY to them.”

31. What if I already hired another attorney?

You can switch. As client Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”

Mistakes to Avoid

32. What common mistakes can hurt my case?

  • Giving recorded statement without attorney
  • Accepting quick settlement
  • Delaying medical treatment
  • Gaps in treatment
  • Posting on social media
  • Signing releases or authorizations
  • Not documenting everything

Watch our video: “Client Mistakes That Can Ruin Your Case” at https://www.youtube.com/watch?v=r3IYsoxOSxY

33. Should I post about my accident on social media?

NO. Make all profiles private. Don’t post about accident, injuries, or activities. Insurance monitors everything.

34. Why shouldn’t I sign anything without a lawyer?

Releases are PERMANENT. Medical authorizations give unlimited access. Settlement offers are binding. Once signed, you can’t undo it.

35. What if I didn’t see a doctor right away?

See one NOW. Explain you didn’t realize severity of injuries. Delayed symptoms are common. We can still help.

Additional Common Questions

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

You can still recover. If the accident AGGRAVATED your pre-existing condition, you’re entitled to compensation for the aggravation. “Eggshell plaintiff” rule: Defendant takes victim as they find them. Example: You had mild occasional back pain. Accident caused herniated disc requiring surgery. You recover for the NEW injury, not just the pre-existing pain. We hire medical experts to prove the difference. Lupe knows how insurance attacks pre-existing conditions—he used this defense for years.

37. Can I switch attorneys if I’m unhappy with my current lawyer?

YES. You can fire your attorney at any time. If your attorney isn’t communicating, isn’t fighting for you, or is pushing you to settle cheap, you have the right to switch. Attorney911 has taken over many cases from other attorneys. As Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” Call 1-888-ATTY-911 to discuss switching.

38. What if the insurance company is my own insurance (UM/UIM claim)?

Uninsured/Underinsured Motorist claims are against YOUR insurance when other driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation. Texas allows inter-policy stacking (combining multiple UM policies). Lupe’s insurance knowledge is critical for maximizing UM/UIM recovery.

39. How do you calculate pain and suffering?

Most commonly using multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering. Multiplier depends on: injury severity, permanency, impact on life, clear liability. Example: $100,000 medical × 4 multiplier = $400,000 pain & suffering. Lupe calculated these for years—he knows how to justify higher multipliers. See Section G for detailed breakdown.

40. What if I was hit by a government vehicle (city bus, police car, etc.)?

Government claims have special rules. You must file notice within 6 months (much shorter than 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply. These cases are complex—you need experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—6-month deadline is strict.

41. What if the other driver fled the scene (hit and run)?

File police report immediately (hit and run is criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is CRITICAL—gas stations, businesses, Ring doorbells, traffic cameras. Most footage deleted 7-30 days. We send preservation letters immediately. Texas allows UM stacking. We’ve recovered substantial settlements in hit and run cases through UM claims.

42. What if I’m an undocumented immigrant—can I still file a claim?

YES. Immigration status does NOT affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses. Lupe is fluent in Spanish. Call 1-888-ATTY-911—we protect your rights and your privacy.

43. What if the accident happened in a parking lot?

Parking lot accidents are fully compensable. Insurance companies love to argue “parking lot accidents are always 50/50 fault” (LIE). We prove fault through: surveillance video, witness statements, damage analysis, traffic patterns. Texas comparative negligence rules apply. We’ve won many parking lot cases with clear liability findings.

44. What if I was a passenger in the at-fault vehicle?

You can sue the driver even if you were riding with them (friend, family member, Uber driver). You’re an innocent victim. Driver’s insurance covers passengers. No comparative fault issues (you weren’t driving). These cases often settle quickly because liability is clear. We handle the difficult conversation so you don’t have to.

45. What if the other driver died in the accident?

You can still pursue claim against deceased driver’s estate and insurance. Death doesn’t eliminate liability. Insurance policy still applies. Estate may have assets. Wrongful death laws protect both sides. These cases are emotionally complex but legally straightforward. We handle with sensitivity while protecting your rights.

Tomball-Specific Legal Resources

Tomball Courts and Legal System

Harris County Courts Serving Tomball:

  • Harris County Civil Courts
  • Harris County District Courts
  • Justice of the Peace Courts (Precinct 4)

Federal Courts:

  • U.S. District Court, Southern District of Texas (Houston Division)

Tomball Medical Facilities

Local Hospitals and Trauma Centers:

  • Tomball Regional Medical Center
  • Houston Methodist Willowbrook Hospital
  • Memorial Hermann Northwest Hospital
  • Texas Children’s Hospital The Woodlands

Level I Trauma Centers (for severe injuries):

  • Memorial Hermann – Texas Medical Center (Houston)
  • Ben Taub Hospital (Houston)

Tomball Law Enforcement

Police Departments:

  • Tomball Police Department
  • Harris County Sheriff’s Office

Highway Patrol:

  • Texas Department of Public Safety (DPS) – Tomball area

Call Attorney911 Now – 1-888-ATTY-911

If you’ve been injured in a motor vehicle accident in Tomball, Texas, don’t wait. Evidence disappears daily. Insurance companies are already building their case against you. The statute of limitations is ticking.

At Attorney911, we offer:

  • Free consultation with experienced Tomball accident attorneys
  • No fee unless we win your case
  • Personal attention from Ralph Manginello and Lupe Peña
  • Insurance defense insider advantage
  • Multi-million dollar results for Tomball clients
  • 24/7 availability through our legal emergency hotline

Call 1-888-ATTY-911 now or visit https://attorney911.com for your free consultation. We’re here to fight for you.

Hablamos Español – Lupe Peña and our team are ready to help Spanish-speaking clients.

Se habla español – Llame al 1-888-ATTY-911 para una consulta gratuita.