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Elgin Car & Truck Accident Attorneys | I-90, Route 20 Crashes | 18-Wheelers, Rideshare, Hit-and-Run | Former Insurance Defense — We Know Their Playbook | $2.5M Truck Recovery | Attorney911 — The Firm Insurers Fear | Federal Court | Se Habla Español | 1-888-ATTY-911

Motor Vehicle Accidents in Elgin, Texas: Your Legal Emergency Guide

If you’ve been injured in a car accident in Elgin, Texas, you’re not alone. Every 57 seconds, another motor vehicle crash occurs in Texas, leaving families devastated and lives forever changed. At Attorney911, we’ve been fighting for accident victims across Travis County and the greater Austin area for over 25 years. Our team, led by Ralph Manginello and former insurance defense attorney Lupe Peña, knows exactly how to navigate the complex legal landscape and insurance tactics that often leave victims feeling overwhelmed and undercompensated.

The Harsh Reality of Car Accidents in Elgin

Elgin sits along the busy Highway 290 corridor, connecting Austin to Houston and serving as a major thoroughfare for both local commuters and commercial traffic. This location brings unique risks:

  • Highway 290 congestion leads to frequent rear-end collisions and multi-vehicle pileups
  • Rural-urban transition zones create dangerous intersections where farm equipment meets passenger vehicles
  • Increased truck traffic from local industries and distribution centers
  • Limited public transportation forces more residents to drive, increasing accident exposure

In 2024 alone, Texas saw 251,977 people injured in motor vehicle crashes – that’s one person injured every 2 minutes and 5 seconds. With Elgin’s growing population and expanding roadways, local residents face increasing risks every time they get behind the wheel.

Why Elgin Accidents Require Local Legal Expertise

When you’re injured in an Elgin car accident, you need more than just a Texas lawyer – you need attorneys who understand the specific challenges of Travis County courts and the unique traffic patterns of our area. At Attorney911, we know:

  • The most dangerous intersections in Elgin and surrounding areas
  • How local judges interpret Texas personal injury laws
  • Which insurance adjusters handle claims in our region
  • The best medical facilities for accident victims in Central Texas
  • How to navigate the specific challenges of rural and suburban accident cases

Our team has successfully handled countless cases in Elgin and throughout Travis County, from minor fender benders to catastrophic collisions. We know how to build strong cases that maximize your compensation while minimizing the stress on you and your family.

Common Types of Motor Vehicle Accidents in Elgin

Car Accidents: The Most Common but Often Misunderstood

Car accidents are the most frequent type of motor vehicle collision in Elgin, ranging from minor fender benders to devastating multi-car pileups. In 2024, Texas saw 251,977 people injured in car crashes – that’s one crash every 57 seconds.

Common causes in Elgin:

  • Distracted driving (380 deaths in Texas in 2024)
  • Speeding on Highway 290 and local roads
  • Failure to yield at intersections like US-290 and Main Street
  • Running red lights at high-traffic signals
  • Following too closely on congested roadways
  • DUI/DWI, especially on weekends

Common injuries we see:

  • Whiplash and soft tissue injuries (often dismissed by insurance)
  • Herniated discs requiring surgery
  • Broken bones and fractures
  • Traumatic brain injuries (TBI) with long-term consequences
  • Spinal cord injuries leading to paralysis
  • Internal organ damage
  • Emotional trauma and PTSD

“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.” – Attorney911 Case Result

What this means for Elgin residents:
Car accidents might seem straightforward, but insurance companies often try to minimize these claims. They’ll argue that soft tissue injuries aren’t serious or that your pain is exaggerated. Having an experienced Elgin car accident lawyer ensures your injuries are properly documented and valued.

Client Testimonial:

“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles

If you’ve been injured in a car accident in Elgin, call Attorney911 at 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win your case.

18-Wheeler and Trucking Accidents: The Most Devastating Collisions

Elgin’s location along Highway 290 makes it a hotspot for trucking accidents. These collisions are particularly devastating due to the sheer size and weight of commercial vehicles – up to 80,000 pounds compared to the average 4,000-pound passenger car.

Texas trucking accident statistics (2024):

  • 39,393 commercial motor vehicle crashes
  • 608 trucking fatalities
  • 1,601 serious injuries
  • Texas accounts for 11% of ALL fatal truck crashes nationwide
  • 549 fatal truck accidents resulted in 620 deaths

Why trucking accidents are different:

  • Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
  • Higher insurance limits ($750,000 to $5,000,000+ policies)
  • Federal regulations (FMCSA) that can prove negligence
  • Electronic Logging Device (ELD) data that can be overwritten
  • Complex investigation requirements

FMCSA Violations We Frequently Find:

  • Hours of Service violations (drivers exceeding 11-hour driving limits)
  • Inadequate vehicle maintenance
  • Improper cargo loading
  • Driver qualification issues
  • Drug and alcohol violations

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

Our Federal Court Advantage:
Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court experience is crucial for trucking cases, which often involve interstate commerce and federal regulations. Our firm was also one of the few involved in BP explosion litigation, demonstrating our ability to take on billion-dollar corporations.

Nuclear Verdicts That Change the Game:

  • 2024 Oncor Electric: $37.5M verdict (distracted truck driver)
  • 2024 New Prime I-35 pileup: $44.1M verdict (6 deaths)
  • 2024 Ben E. Keith (Fort Worth): $35M settlement
  • 2024 Lopez v. All Points 360 (Amazon): $105M verdict

These verdicts show insurance companies that Texas juries won’t tolerate negligent trucking practices. This fear of nuclear verdicts increases settlement values across all serious trucking cases.

Critical Evidence Preservation:

  • ELD data can be overwritten in 30-180 days
  • Surveillance footage deleted in 7-30 days
  • Witness memories fade quickly
  • Vehicle damage evidence deteriorates

If you’ve been injured in a trucking accident in Elgin, call Attorney911 immediately at 1-888-ATTY-911. We send preservation letters to secure critical evidence before it disappears.

Drunk Driving Accidents: 100% Preventable Tragedies

Drunk driving remains one of the most preventable yet devastating causes of motor vehicle accidents in Elgin and throughout Texas. In 2024, alcohol-impaired driving caused 1,053 deaths in Texas – that’s 25.37% of all traffic fatalities.

The Legal Framework:

  • Texas Penal Code § 49.04 defines legal intoxication as 0.08% BAC or higher
  • Drunk drivers face criminal charges AND civil liability
  • Dram Shop liability (Texas Alcoholic Beverage Code § 2.02) allows lawsuits against establishments that over-serve patrons

Dram Shop Liability: Holding Bars Accountable
To prove a dram shop claim, we must show:

  1. The establishment served alcohol to someone who was obviously intoxicated
  2. The over-service was the proximate cause of the accident

Signs of Obvious Intoxication:

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

Potentially Liable Parties:

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

Why Drunk Driving Cases Have Higher Value:

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

Our Criminal Defense Advantage:
Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA) gives us unique insight into both the criminal and civil aspects of drunk driving cases. We’ve successfully handled numerous DWI cases, including:

  • A case dismissed when we discovered the police department wasn’t properly maintaining breathalyzer machines
  • A case dismissed on the day of trial when we proved no breath or blood test was conducted and hospital notes were missing
  • A case dismissed when video evidence showed our client wasn’t drunk

This criminal defense experience strengthens our ability to build strong civil cases against drunk drivers and the establishments that served them.

If you or a loved one has been injured by a drunk driver in Elgin, call Attorney911 at 1-888-ATTY-911. We’ll investigate every angle, including dram shop liability, to maximize your compensation.

Motorcycle Accidents: Fighting Bias Against Riders

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

Texas Helmet Law:

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

High-Risk Factors in Elgin:

  • Failure to yield right of way (most common cause)
  • Driver inattention/distraction on Highway 290
  • Unsafe lane changes on congested roads
  • Left-turn accidents at intersections
  • Speeding and reckless driving

The Comparative Negligence Trap:
Texas uses the 51% bar rule, meaning:

  • If you’re 50% or less at fault, you can recover damages (reduced by your percentage of fault)
  • If you’re 51% or more at fault, you recover NOTHING

Insurance companies ALWAYS try to blame motorcyclists. They’ll argue you were speeding, not paying attention, or could have avoided the crash. Lupe Peña’s experience as an insurance defense attorney gives us an unfair advantage – he knows exactly how they build these arguments and how to defeat them.

If you’ve been injured in a motorcycle accident in Elgin, don’t let insurance blame you. Call Attorney911 at 1-888-ATTY-911 for a free consultation.

Pedestrian Accidents: The Most Vulnerable Victims

Pedestrian accidents are particularly devastating in Elgin, where walking is often necessary due to limited public transportation. In 2024, Texas saw 6,095 pedestrian crashes resulting in 768 fatalities. Pedestrians account for just 1% of crashes but 19% of all roadway deaths.

A Critical Legal Point:
Pedestrians ALWAYS have the right-of-way at intersections – even at unmarked crosswalks. Many drivers don’t know this. Under Texas law, “Anytime there’s an intersection of two streets, the distance between them is a crosswalk” – even if unmarked.

Common Injuries in Pedestrian Accidents:

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

Danger Zones in Elgin:

  • Intersections along Highway 290
  • School zones and residential areas
  • Parking lots and shopping centers
  • Areas with poor lighting or missing sidewalks

If you or a loved one has been struck by a vehicle while walking in Elgin, call Attorney911 at 1-888-ATTY-911. We’ll fight to prove the driver’s negligence and secure the compensation you deserve.

Rideshare Accidents: Navigating the Insurance Maze

Rideshare accidents involving Uber and Lyft have become increasingly common in Elgin as more residents use these services. The industry has grown dramatically, with 11 billion trips taken in the US since 2010 and 17.4 million daily Uber trips.

The Critical Insurance Phases:

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

Why This Matters:
Insurance coverage varies DRAMATICALLY based on what the driver was doing at the moment of the crash. This complexity often leaves victims undercompensated. Lupe Peña’s insurance defense background gives us insider knowledge of how to navigate these coverage issues and maximize your recovery.

Who Can Be Injured:

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

If you’ve been injured in a rideshare accident in Elgin, call Attorney911 at 1-888-ATTY-911. We know how to identify all available insurance coverage and fight for maximum compensation.

The 48-Hour Evidence Preservation Protocol

After an accident in Elgin, evidence begins disappearing immediately. Follow this critical timeline to protect your rights:

Hour 1-6: Immediate Crisis Response

Safety First: If you can move safely, get to a secure location away from traffic
Call 911: Report the accident and request medical assistance if anyone is injured
Medical Attention: Get to the ER immediately – adrenaline masks injuries
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

Witnesses:

  • Get names and phone numbers of any witnesses
  • Ask if they saw what happened
  • Record their statements if possible

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

Hour 6-24: Evidence Preservation

Digital Preservation:

  • Preserve all texts, calls, photos, videos related to the accident
  • Do NOT delete anything from your phone
  • Screenshot everything relevant
  • Email copies to yourself for backup

Physical Evidence:

  • Secure damaged clothing, glasses, personal items
  • Keep receipts for any expenses (towing, rental car, medications)
  • Do NOT repair your vehicle yet – preserve the damage

Medical Records:

  • Request copies of all ER/hospital records
  • Keep all discharge paperwork
  • Follow up with your primary care physician within 24-48 hours

Insurance Communications:

  • Note any calls from insurance companies
  • Do NOT give recorded statements yet
  • Do NOT sign anything
  • Do NOT accept any settlement offers
  • Say: “I need to speak with my attorney first”

Social Media:

  • Make ALL profiles private immediately
  • Do NOT post about the accident
  • Do NOT post photos of injuries or activities
  • Tell friends/family not to tag you in posts

Hour 24-48: Strategic Decisions

Legal Consultation:

  • Speak with experienced motor vehicle accident attorney
  • Call Attorney911: 1-888-ATTY-911 for free consultation
  • Have your documentation ready

Insurance Response:

  • If insurance contacts you, refer them to your attorney
  • Say: “My attorney will be in touch with you”
  • Provide only basic information: name, date of accident, that you were involved

Settlement Offers:

  • Do NOT accept or sign anything without lawyer review
  • Early offers are ALWAYS lowball offers
  • You don’t know extent of your injuries yet

Evidence Backup:

  • Upload all screenshots and photos to cloud storage
  • Email copies to yourself and family member
  • Create written timeline of events while memory is fresh

Week One Priorities:

Medical Follow-Up:

  • Continue documenting all injuries
  • See specialists if recommended
  • Follow ALL doctor’s recommendations
  • Get written work restrictions if needed

Investigation Begins:

  • Attorney obtains police report
  • Preservation letters sent to all parties
  • Surveillance footage secured before deletion
  • Witness statements recorded

Communication:

  • Attorney handles ALL insurance communication
  • You focus on recovery
  • Document any pressure from insurance or other parties

Texas Motor Vehicle Law: What Elgin Residents Need to Know

Statute of Limitations: The Critical Deadline

Under Texas Civil Practice & Remedies Code § 16.003:

  • Personal Injury: 2 years from date of accident
  • Wrongful Death: 2 years from date of death
  • Property Damage: 2 years from date of damage

Exceptions:

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

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

Comparative Negligence: The 51% Bar Rule

Texas uses modified comparative negligence with a 51% bar:

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

Examples:

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

Why This Matters:
Insurance companies ALWAYS try to assign maximum fault to you to reduce their payment. Even small fault percentages cost you thousands:

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

Lupe Peña’s experience as an insurance defense attorney helps us counter these arguments because he made them for years – now he defeats them.

Texas Minimum Auto Insurance Requirements

Texas law requires minimum coverage of:

  • $30,000 bodily injury per person
  • $60,000 bodily injury per accident
  • $25,000 property damage per accident

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

Proving Liability: Building a Strong Case

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

  1. Duty of Care

    • All drivers have a legal duty to operate their vehicles safely
    • Must obey traffic laws, maintain proper lookout, control speed
    • Commercial drivers have heightened duty under FMCSA regulations
  2. Breach of Duty

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

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

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

Evidence Types and Sources

Physical Evidence:

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

Documentary Evidence:

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

Electronic Evidence:

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

Testimonial Evidence:

  • Witness statements
  • Expert witness testimony
  • Medical expert opinions
  • Accident reconstruction specialists

Multiple Liable Parties

Trucking Accidents Can Involve:

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

Rideshare Accidents Can Involve:

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

Drunk Driving Accidents Can Involve:

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

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

Damages and Compensation: What You Can Recover

Types of Damages Available in Texas

Economic Damages (No Cap in Texas):

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

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

Damage Type What It Covers
Pain and Suffering Physical pain from injuries, both past and future
Mental Anguish Emotional distress, anxiety, depression, fear, PTSD
Physical Impairment Loss of physical function, disability, limitations
Disfigurement Scarring, permanent visible injuries affecting appearance
Loss of Consortium Impact on marriage/family relationships, loss of companionship
Loss of Enjoyment of Life Inability to participate in activities you previously enjoyed

Punitive/Exemplary Damages (Capped):

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

Settlement Ranges by Injury Type

Soft Tissue Injuries (Whiplash, Sprains, Strains):

  • Medical Treatment: $6,000-$16,000
  • Lost Wages: $2,000-$10,000 (2-6 weeks missed work)
  • Pain & Suffering: $8,000-$35,000
  • SETTLEMENT RANGE: $15,000-$60,000
  • Higher if: Permanent pain, restrictions on activities, chronic condition develops

Broken Bone (Single, Simple Fracture):

  • Medical Treatment: $10,000-$20,000
  • Lost Wages: $5,000-$15,000 (4-8 weeks missed work)
  • Pain & Suffering: $20,000-$60,000
  • SETTLEMENT RANGE: $35,000-$95,000

Broken Bone (Requiring Surgery – ORIF):

  • Medical Treatment: $47,000-$98,000
  • Lost Wages: $10,000-$30,000 (3-6 months)
  • Pain & Suffering: $75,000-$200,000
  • SETTLEMENT RANGE: $132,000-$328,000

Herniated Disc (Conservative Treatment):

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

Herniated Disc (Surgery Required):

  • Past Medical: $96,000-$205,000
  • Future Medical: $30,000-$100,000
  • Lost Wages: $20,000-$50,000 (6-12 months recovery)
  • 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):

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

“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.” – Attorney911 Case Result

Spinal Cord Injury / Paralysis (Lifetime Care Costs):

Injury Level First Year Each Year After Lifetime Total
High Tetraplegia (C1-C4) $1,200,000-$1,500,000 $200,000-$250,000 $6,000,000-$13,000,000+
Low Tetraplegia (C5-C8) $850,000-$1,100,000 $75,000-$100,000 $3,700,000-$6,100,000+
Paraplegia (T1-L5) $500,000-$750,000 $70,000-$90,000 $2,500,000-$5,250,000+

SETTLEMENT RANGE: $4,770,000-$25,880,000

Amputation:

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

“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.” – Attorney911 Case Result

Wrongful Death (Working Age Adult):

  • Economic Damages: $1,000,000-$4,000,000 (lost financial support)
  • Non-Economic Damages: $850,000-$5,000,000 (loss of companionship, mental anguish)
  • SETTLEMENT RANGE: $1,910,000-$9,520,000

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

Nuclear Verdicts: Changing the Game in Texas

Nuclear verdicts – jury awards exceeding $10 million – have become increasingly common in Texas:

  • 207 nuclear verdicts ($10M+) from 2009-2023
  • Total: $45+ billion in Texas alone
  • Texas #1 nationally for nuclear verdicts
  • Auto accidents = 23.2% of all nuclear verdicts

Recent Texas Motor Vehicle 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
  • 2024 Ben E. Keith (Fort Worth trucking): $35,000,000

Why This Matters:
Insurance companies FEAR nuclear verdicts. This fear increases settlement values across ALL serious injury cases, not just those going to trial. Attorney911’s trial readiness and multi-million dollar track record gives us leverage in every negotiation.

Insurance Tactics: How They Try to Cheat You

At Attorney911, we know exactly how insurance companies try to minimize your claim because Lupe Peña spent years working for them. Now he uses that insider knowledge to fight for YOU.

Tactic #1: The Quick Contact & Recorded Statement Trap

What They Do:
Within hours of your accident, insurance adjusters will contact you – often while you’re still in the hospital, on pain medication, or overwhelmed by the situation. They’ll sound friendly and helpful, saying things like:

  • “We just want to help you”
  • “We need to get your side of the story”
  • “This is routine, everyone does this”
  • “It’ll only take a few minutes”

What They’re Really Doing:
They’re building their defense against you with leading questions designed to trap you:

Question They Ask What They Want You to Say
“You’re feeling better now though, right?” Trap you into saying you’re improving
“It wasn’t that bad of an impact, was it?” Minimize collision severity
“You were able to walk away from the scene?” Suggest injuries not serious
“Were you distracted at all?” Get you to admit distraction
“How fast were you going?” Hope you overestimate or say “I don’t know”

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

Lupe’s Insider Knowledge:

“I’ve taken hundreds of these recorded statements as a defense attorney. I know exactly what they’re trying to get you to say, and I know how to protect you from their traps.”

If you’ve been contacted by an insurance company after an accident in Elgin, call Attorney911 at 1-888-ATTY-911 before saying anything. We’ll handle all communications with the insurance company.

Tactic #2: The Quick Settlement Offer

What They Do:
Within days or weeks of your accident, the insurance company will offer you quick money:

  • Typical offers: $2,000-$5,000
  • Sometimes $10,000-$15,000 if they’re scared
  • They’ll create artificial urgency: “This offer expires in 48 hours”

The Trap:
You don’t know the full extent of your injuries yet. Consider this real scenario:

What Happens Result
Day 3: Insurance offers $3,500 “final settlement” You’re desperate, in pain, scared
You sign the release You think it’s over
Week 6: MRI shows herniated disc requiring surgery Surgery costs $100,000
TOO LATE You signed release, can’t reopen claim
You pay $100,000 out of pocket Insurance pays nothing more

RELEASE IS PERMANENT AND FINAL.

How Attorney911 Counters:
We NEVER settle before you’ve reached Maximum Medical Improvement (MMI). This could be:

  • 6 months for minor injuries
  • 12-18 months for serious injuries
  • 24+ months for catastrophic injuries

Lupe calculated these lowball offers for years – he KNOWS they’re offering 10-20% of true value.

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

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

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

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

  • Who gives insurance-favorable reports (NOT who’s most qualified)
  • Doctors who consistently find “no injury” or “pre-existing condition”
  • Doctors paid THOUSANDS by insurance companies ($2,000-$5,000 per exam)
  • Repeat business = repeat favorable reports

What Happens at an IME:

  • 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation)
  • Rarely review your complete medical records beforehand
  • 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 (forcing review)
  • We challenge biased IME reports with our own medical experts
  • Lupe knows these specific doctors and their biases – he hired them for years

Tactic #4: Delay and Financial Pressure

What They Do:
They drag your case out for months or years, hoping you’ll get desperate:

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

Why Delay Works:
Insurance companies have:

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

You have:

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

Financial Desperation Makes You Accept Less:

  • Month 1: You’d reject $5,000 offer
  • Month 6: You’d seriously consider $5,000
  • Month 12: You’d BEG for $5,000 just to end the nightmare

How Attorney911 Counters:

  • We file 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:
They hire private investigators to:

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

They Monitor ALL Your Social Media:

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

Examples We’ve Defended:

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

7 Rules for Clients:

  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:
They try to assign you MAXIMUM fault to reduce their payment:

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

Why They Do This:
Texas 51% bar rule means:

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

Even Small Fault Percentages Cost Thousands:

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

How Attorney911 Counters:
We conduct aggressive liability investigations:

  • 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.

The Colossus System: How Insurance Really Values Your Claim

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 Manipulates Colossus:

Manipulation Effect
Low Injury Codes “Soft tissue strain” instead of “disc herniation” reduces value 50-100%
Excessive Treatment Flags Therapy beyond “normal” range triggers reduction
Conservative Treatment Penalty Chiropractic valued less than MD
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 a defense attorney

Reserve Setting:
Insurance companies set aside money called “reserves” for your claim based on their worst-case scenario. Adjusters usually CANNOT settle for more than the reserve amount without special approval.

How We Increase Reserves:

  • Hiring experts (shows we’re investing in the 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 a GAME-CHANGING advantage.

Medical Knowledge: Understanding Your Injuries

Traumatic Brain Injury (TBI)

Immediate vs. Delayed Symptoms:

Immediate Symptoms (At Accident Scene or Within Hours):

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

Delayed Symptoms (Hours to Days Later – CRITICAL):

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

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

Severity Classifications:

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

Long-Term Complications:

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

Spinal Cord Injury

Injury Levels and Impact:

Cervical Spine (C1-C8, Neck Region):

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

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

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

Lumbar Spine (L1-L5, Lower Back):

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

ASIA Impairment Scale:

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

Secondary Complications:

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

Amputation

Types:

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

Levels:

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

Phantom Limb Pain:

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

“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.” – Attorney911 Case Result

Burn Injuries

Classifications:

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

Body Surface Area Impact:

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

Herniated Disc

Treatment Timeline:

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

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

Why Soft Tissue 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 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
  • Panic attacks near accident location
  • 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 Elgin Accident Case?

Advantage 1: Insurance Defense Insider

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

What This Means for Your Case:

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

No other firm in Elgin has this advantage.

Advantage 2: Multi-Million Dollar Results

Attorney911 has recovered millions for victims of:

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

Our results prove we don’t settle cheap.

Advantage 3: Federal Court Experience

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

Why This Matters:

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

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

Advantage 4: Personal Attention

What Clients Say:

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

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

“Ralph reached out personally.” – Dame Haskett

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

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

Advantage 5: Contingency Fee – No Risk

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

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

Testimonials That Prove Our Excellence

For Communication & Care:

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

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

For Results & Speed:

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

“I was rear-ended and the team got right to work…I also got a very nice settlement.” – MONGO SLADE

For Switching From Other Attorneys:

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

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

For Spanish Services:

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

“They solved in a couple of months what others did nothing about in two years.” – Angel Walle

For Ralph’s Personal Involvement:

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

“Ralph is an AMAZING ATTORNEY. I have used him 2 TIMES FOR 2 separate cases the first case he got me an OFF DOCKET DISSMISSAL! And the other only 10 months probation. He gets the JOB DONE RIGHT!!!!” – Cassie Wright

For Overall Excellence:

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

“They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.” – Glenda Walker

Celebrity Endorsements:

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

Frequently Asked Questions About Elgin Car Accidents

Immediate After Accident

1. What should I do immediately after a car accident in Elgin?
If you’ve been in an accident in Elgin:

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

2. Should I call the police even for a minor accident?
Yes. Always call police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000.

3. Should I seek medical attention if I don’t feel hurt?
ABSOLUTELY. Many serious injuries don’t show symptoms immediately:

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

Insurance companies use delays in treatment against you. Get checked immediately.

4. What information should I collect at the scene?

  • Other driver: name, phone, address, driver’s license, insurance
  • Vehicle: make, model, color, license plate
  • Witnesses: names and phone numbers
  • Photos: all vehicle damage, injuries, road conditions, traffic signals
  • Police: officer name, badge number, report number

5. Should I talk to the other driver or admit fault?

  • Exchange information only
  • Do NOT discuss fault
  • Do NOT apologize or say “I’m sorry” (can be used as admission)
  • Do NOT give your opinion on what happened
  • Stick to facts only

6. How do I obtain a copy of the accident report?
In Elgin, you can obtain the police report from the responding agency or through the Texas Department of Transportation’s Crash Records Information System (CRIS).

Dealing With Insurance

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

8. What if the other driver’s insurance contacts me?
Say: “I need to speak with my attorney first.” Give only basic information (name, date of accident). Do NOT give recorded statement. Do NOT discuss injuries or fault.

9. Do I have to accept the insurance company’s estimate?
No. Their estimate is just an offer. It’s usually far below actual value. Attorney911 fights for what your case is really worth.

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

11. What if the other driver is uninsured/underinsured?
Your own UM/UIM coverage can compensate you. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8

12. Why does insurance want me to sign a medical authorization?
They want unlimited access to your ENTIRE medical history to find pre-existing conditions to use against you. Never sign without attorney review.

Legal Process

13. Do I have a personal injury case?
You may have a case if:

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

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

14. When should I hire a car accident lawyer?
Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911: 1-888-ATTY-911

15. How much time do I have to file (statute of limitations)?
In Texas: 2 years from date of accident for personal injury, 2 years from date of death for wrongful death. Miss it = case barred forever.

16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (reduced by your fault %). If 51%+ at fault, you get nothing.

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

17. What happens if I was partially at fault?
You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.

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

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

19. How long will my case take to settle?
Depends on injury severity. We don’t settle until you’ve reached maximum medical improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.

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

  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?
Attorney911 works on contingency: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.

Watch our video: “How Do Contingency Fees Work?” at https://www.youtube.com/watch?v=upcI_j6F7Nc

28. What does “no fee unless we win” mean?
You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.

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

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

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

Mistakes to Avoid

32. What common mistakes can hurt my case?

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

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

33. Should I post about my accident on social media?
NO. Make all profiles private. Don’t post about accident, injuries, or activities. Insurance monitors everything.

34. Why shouldn’t I sign anything without a lawyer?
Releases are PERMANENT. Medical authorizations give unlimited access. Settlement offers are binding. Once signed, you can’t undo it.

35. What if I didn’t see a doctor right away?
See one NOW. Explain you didn’t realize severity of injuries. Delayed symptoms are common. We can still help.

Additional Common Questions

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

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

38. What if the insurance company is my own insurance (UM/UIM claim)?
Uninsured/Underinsured Motorist claims are against YOUR insurance when 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. Multiplier depends on: injury severity, permanency, impact on life, clear liability. Example: $100,000 medical × 4 multiplier = $400,000 pain & suffering. Lupe calculated these for years—he knows how to justify higher multipliers. See Section G for detailed breakdown.

40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Government claims have special rules. You must file notice within 6 months (much shorter than 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply. These cases are complex—you need experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—6-month deadline is strict.

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

42. What if I’m an undocumented immigrant—can I still file a claim?
YES. Immigration status does NOT affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses. Lupe is fluent in Spanish. Call 1-888-ATTY-911—we protect your rights and your privacy.

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

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

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

Elgin, Texas: Our Community Commitment

At Attorney911, we’re proud to serve Elgin and the surrounding Travis County communities. While our main offices are in Houston and Austin, we regularly handle cases throughout Central Texas, including:

  • Elgin and Manor in Travis County
  • Bastrop and Smithville in Bastrop County
  • Round Rock and Georgetown in Williamson County
  • Lockhart and Luling in Caldwell County
  • Austin metro area

We understand the unique challenges faced by Elgin residents:

  • The dangers of Highway 290 and its intersections
  • The mix of rural and suburban traffic patterns
  • The limited public transportation options
  • The local medical facilities and courts
  • The specific insurance adjusters who handle claims in our area

Our team has successfully handled countless cases in Elgin and the surrounding areas, from minor fender benders to catastrophic collisions. We know how to navigate the Travis County court system and work with local medical providers to ensure you receive the best possible care and representation.

Local Resources for Elgin Accident Victims

Medical Facilities:

  • Ascension Seton Medical Center Austin (Level II Trauma)
  • Dell Seton Medical Center at The University of Texas (Level I Trauma)
  • St. David’s Medical Center (Level III Trauma)
  • Baylor Scott & White Medical Center – Round Rock (Level III Trauma)
  • Local clinics and physical therapy centers throughout Elgin and Manor

Legal Resources:

  • Travis County Civil Courts
  • Bastrop County Civil Courts
  • Williamson County Civil Courts
  • Texas Department of Transportation (TxDOT) Crash Reports
  • Texas Department of Public Safety (DPS)

Support Services:

  • Elgin Police Department
  • Bastrop County Sheriff’s Office
  • Travis County Sheriff’s Office
  • Local physical therapy and rehabilitation centers
  • Support groups for accident victims

Your Next Step: Call Attorney911 Today

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

Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for your free, no-obligation consultation. We don’t get paid unless we win your case.

Why call us?

  • Former insurance defense attorney on your side
  • 25+ years of experience fighting for accident victims
  • Multi-million dollar results in serious injury cases
  • Federal court experience for complex cases
  • Personal attention from Ralph Manginello and Lupe Peña
  • No fee unless we win – you pay nothing upfront
  • We handle everything – you focus on recovery

What happens when you call?

  1. You’ll speak with a real person – not a call center
  2. We’ll listen to your story and answer your questions
  3. We’ll explain your rights and options
  4. If we take your case, we’ll start working immediately
  5. We’ll handle all communications with insurance companies
  6. We’ll fight for maximum compensation while you recover

Remember:

  • Evidence disappears daily (surveillance footage, witness memories, ELD data)
  • The 2-year statute of limitations is absolute
  • Insurance companies are not on your side
  • You don’t have to face this alone
  • We’re here to help 24/7

Call now: 1-888-ATTY-911

Se habla español – Lupe Peña and our team are ready to help Spanish-speaking clients.

Attorney911 – Your Legal Emergency Lawyers™
The Manginello Law Firm, PLLC
Principal Office: Houston, Texas
Serving Elgin, Travis County, and all of Central Texas

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