Motor Vehicle Accident Lawyers in Kirby, Texas | Attorney911

If you’ve been injured in a car accident in Kirby, Texas, you’re not alone. Every 57 seconds, a motor vehicle crash occurs somewhere in Texas, and every 2 minutes and 5 seconds, someone is injured. In Kirby and across Bexar County, these accidents disrupt lives in an instant—leaving victims with physical pain, emotional trauma, and financial uncertainty.

At Attorney911, we understand the overwhelming challenges you’re facing. Founded by Ralph Manginello, a Houston-based attorney with over 25 years of experience, our firm has built a reputation for fighting aggressively for accident victims across Texas. Ralph’s leadership, combined with the insider knowledge of our associate attorney Lupe Peña—a former insurance defense attorney—gives our clients a unique advantage when dealing with insurance companies.

Whether you were rear-ended on Loop 410, injured in a drunk driving crash near Brooks City-Base, or struck by an 18-wheeler on I-37, our Kirby car accident lawyers are here to help. We know the local courts, the insurance adjusters who handle Bexar County claims, and the specific challenges that Kirby residents face after an accident. When you call 1-888-ATTY-911, you’re reaching a legal emergency line staffed by attorneys who genuinely care about your recovery—not just another case number.

Why Kirby Accident Victims Choose Attorney911

1. We Know How Insurance Companies Work—Because We Used to Work for Them

Lupe Peña spent years working at a national defense firm, learning firsthand how large insurance companies value claims. He knows their tactics because he used them himself—calculating claim values, deploying delay strategies, and hiring IME doctors to minimize payouts. Now, he uses that insider knowledge to fight for victims like you.

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

This insider perspective is Attorney911’s biggest competitive advantage. We anticipate the insurance company’s moves before they make them, giving you the upper hand in negotiations.

2. Proven Results: Millions Recovered for Texas Accident Victims

Our track record speaks for itself. We’ve recovered millions for clients facing life-altering injuries, including:

Multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company
Settled in the millions for a client whose leg was injured in a car accident, leading to a partial amputation after staff infections developed during treatment
Recovered millions for families facing trucking-related wrongful death cases
Significant cash settlement for a client who injured his back while lifting cargo on a ship, after we proved he should have been assisted in this duty

These aren’t just numbers—they represent real people in Kirby and across Texas who were able to rebuild their lives after devastating accidents. As client Glenda Walker shared:

“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.”

3. Federal Court Experience for Complex Cases

Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission is critical for complex cases like trucking accidents, which often involve federal regulations and multiple defendants. Our firm was also one of the few involved in BP explosion litigation, demonstrating our ability to take on billion-dollar corporations and win.

4. Personal Attention from Experienced Attorneys

At Attorney911, you work directly with Ralph Manginello or Lupe Peña—not a case manager assembly line. As client Jamin Marroquin described:

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

This personal touch sets us apart from high-volume firms where clients feel like just another file. When you call 1-888-ATTY-911, you’re reaching a legal emergency line where real attorneys answer your questions and guide you through the process.

5. No Fee Unless We Win

We understand that the financial burden of an accident can feel overwhelming. That’s why we work on a contingency fee basis—you pay nothing unless we win your case. There are no upfront costs, and we advance all case expenses. As client Chad Harris shared:

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

Common Types of Motor Vehicle Accidents in Kirby, Texas

Car Accidents

Car accidents are the most common type of motor vehicle crash in Kirby and across Bexar County. In 2024 alone, Texas saw 251,977 people injured in motor vehicle crashes, with one crash occurring every 57 seconds. Common causes in Kirby include:

Distracted driving (texting, talking on the phone)
Speeding on local roads like FM 78 or Walzem Road
Failure to yield at intersections like Loop 410 and Binz-Engleman Road
Running red lights or stop signs
Following too closely on I-37 or I-10
Drunk or impaired driving

Common injuries in car accidents range from whiplash and soft tissue injuries to more severe conditions like herniated discs, broken bones, traumatic brain injuries, and even fatalities. In a recent case, our client’s leg was injured in a car accident, leading to a partial amputation after staff infections developed during treatment. This case settled in the millions.

If you’ve been injured in a car accident in Kirby, don’t let the insurance company lowball your claim. Call Attorney911 at 1-888-ATTY-911 for a free consultation.

18-Wheeler and Trucking Accidents

Trucking accidents are particularly devastating due to the sheer size and weight of commercial vehicles. In Texas, there were 39,393 commercial motor vehicle crashes in 2024, resulting in 608 fatalities and 1,601 serious injuries. Texas accounts for 11% of all fatal truck crashes nationwide.

Kirby sits along major trucking corridors like I-37 and I-10, making trucking accidents a serious concern for local residents. These accidents often involve multiple liable parties, including:

The truck driver (for negligent operation)
The trucking company (for negligent hiring, training, or maintenance)
The cargo loader (for improper loading causing instability)
The vehicle manufacturer (for defective parts)
The maintenance company (for improper repairs)

Federal Motor Carrier Safety Administration (FMCSA) regulations govern trucking operations, including:

Hours of Service (HOS): Drivers can work a maximum of 14 hours per day, with no more than 11 hours of driving after 10 consecutive hours off-duty
30-Minute Break: Required after 8 hours of driving
60/70-Hour Weekly Limit: Drivers cannot work more than 60 hours in 7 days or 70 hours in 8 days
Electronic Logging Devices (ELDs): Mandatory since 2019 to track driving hours

Violations of these regulations can establish negligence per se, making trucking cases stronger when violations are documented. Our firm has recovered millions for families facing trucking-related wrongful death cases, and Ralph’s federal court admission allows us to handle complex FMCSA cases effectively.

If you or a loved one has been injured in a trucking accident in Kirby, call 1-888-ATTY-911 immediately. Critical evidence like ELD data can be overwritten in as little as 30 days.

Drunk Driving Accidents

Drunk driving is a preventable tragedy that claims lives across Texas every day. In 2024, there were 1,053 alcohol-impaired driving deaths in Texas, accounting for 25.37% of all traffic fatalities. Bexar County sees its share of these devastating crashes, often near popular nightlife areas or along major roads like Loop 410.

Texas has strong dram shop liability laws (Texas Alcoholic Beverage Code § 2.02) that allow victims to sue establishments that over-serve obviously intoxicated patrons. Signs of obvious intoxication include:

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

Potentially liable parties include bars, restaurants, liquor stores, and even social hosts in limited circumstances. Punitive damages are available in drunk driving cases, as the driver’s conduct often meets the standard of gross negligence.

Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA) gives our firm unique capabilities in handling both the criminal and civil aspects of drunk driving cases. We’ve successfully had DWI charges dismissed by:

Proving breathalyzer machines were improperly maintained
Demonstrating missing hospital notes and lack of blood/breath tests
Showing video evidence that our client was not actually impaired

If you’ve been injured by a drunk driver in Kirby, call 1-888-ATTY-911. We’ll investigate every angle, including dram shop liability, to maximize your recovery.

Motorcycle Accidents

Motorcycle accidents often result in catastrophic injuries due to the lack of protection for riders. In 2024, there were 585 motorcyclist fatalities in Texas, with 37% of those killed not wearing helmets. Bexar County consistently ranks among the top counties in Texas for motorcycle crashes.

Texas helmet law requires all riders under 21 to wear helmets. Riders 21 and older may ride without a helmet if they’ve completed a safety course or have adequate medical insurance. However, helmets reduce the risk of death by 37% and head injury by 69%, making them a critical safety measure.

Common causes of motorcycle accidents in Kirby include:

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

Insurance companies often try to blame motorcyclists using Texas’s 51% comparative fault rule. Lupe Peña’s experience making these arguments for insurance companies gives us the insight to counter them effectively.

If you’ve been injured in a motorcycle accident in Kirby, don’t let the insurance company blame you for the crash. Call 1-888-ATTY-911 to protect your rights.

Pedestrian Accidents

Pedestrian accidents are particularly devastating, with pedestrians accounting for just 1% of crashes but 19% of all roadway deaths in Texas. In 2024, there were 6,095 pedestrian crashes in Texas, resulting in 768 fatalities. San Antonio, including Kirby, has seen a rise in pedestrian accidents, particularly near busy roads and intersections.

A critical legal point that many drivers don’t know: pedestrians ALWAYS have the right-of-way at intersections, even at unmarked crosswalks. Any intersection of two streets creates a crosswalk, whether marked or not. This gives pedestrians a significant legal advantage in accident claims.

Common injuries in pedestrian accidents include:

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

If you’ve been struck by a vehicle while walking in Kirby, call 1-888-ATTY-911. We’ll fight to prove the driver’s negligence and secure the compensation you deserve.

Rideshare Accidents (Uber/Lyft)

Rideshare accidents present unique insurance challenges due to the complex coverage phases involved. With 17.4 million Uber trips occurring daily in the U.S., accidents involving rideshare vehicles are becoming increasingly common in Kirby and across Bexar County.

Rideshare insurance coverage varies dramatically based on the driver’s status at the time of the accident:

Phase	Driver Status	Coverage Available
Period 0 – Offline	App off, personal use	Personal insurance only (Texas 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

This complex insurance structure makes rideshare accident claims particularly challenging. Lupe Peña’s insurance defense background gives us the expertise to navigate these coverage phases and maximize your recovery.

If you’ve been injured in a rideshare accident in Kirby—whether as a passenger, driver, or third party—call 1-888-ATTY-911. We’ll determine the correct insurance coverage and fight for the compensation you deserve.

What to Do After a Motor Vehicle Accident in Kirby, Texas

The First 48 Hours Are Critical

Evidence disappears quickly after an accident. Here’s what you should do immediately:

Hour 1-6 (Immediate Crisis Response):

Safety First: If you can move safely, get to a secure location away from traffic.
Call 911: Report the accident and request medical assistance if anyone is injured.
Medical Attention: Get checked out immediately, even if you feel fine. Adrenaline can mask serious injuries.
Document Everything:
- Take photos of all vehicle damage (every angle)
- Photograph the accident scene, road conditions, and traffic signals
- Take photos of any visible injuries
- Screenshot any messages visible on your phone
Exchange Information:
- Other driver’s name, phone number, and address
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, and color
Witnesses: Get names and phone numbers of any witnesses.
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, and 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, or other 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 and family not to tag you in posts

Hour 24-48 (Strategic Decisions):

Legal Consultation: Speak with an experienced motor vehicle accident attorney.
Insurance Response: If insurance contacts you, refer them to your attorney.
Settlement Offers: Do NOT accept or sign anything without lawyer review.
Evidence Backup: Upload all screenshots and photos to cloud storage.

Why Time Matters: Evidence Disappears Quickly

Timeframe	What Disappears	Why It Matters
Day 1-7	Witness memories fade	Details become uncertain or forgotten
Day 7-30	Surveillance footage deleted	Gas stations: 7-14 days; Retail stores: 30 days
Month 1-2	Insurance solidifies defense	They build their case against you
Month 2-6	Trucking ELD data overwritten	Can be deleted in 30-180 days
Month 6-12	Witnesses become unreachable	Memories degrade, people move away
Month 12-24	Approaching statute of limitations	Creates pressure to settle cheaply

At Attorney911, we act immediately to preserve evidence. Within 24 hours of being retained, we send preservation letters to:

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

These letters legally require evidence preservation before automatic deletion.

Texas Motor Vehicle Accident Law: What You Need to Know

Statute of Limitations

In Texas, you have 2 years from the date of your accident to file a personal injury lawsuit (Texas Civil Practice & Remedies Code § 16.003). For wrongful death claims, the 2-year clock starts from the date of death. Missing this deadline means your case is barred forever—you cannot recover any compensation.

Comparative Negligence (51% Bar Rule)

Texas uses a modified comparative negligence system. This means:

If you are 50% or less at fault, you can recover damages, but your recovery is reduced by your percentage of fault.
If you are 51% or more at fault, you recover nothing.

Example:

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 victims. Lupe Peña’s experience making these arguments for insurance companies gives us the insight to counter them effectively.

Texas Minimum Auto Insurance Requirements

Texas requires all drivers to carry minimum liability insurance:

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

Uninsured Motorist Statistics:

15.4% of U.S. motorists are uninsured (approximately 1 in 7 drivers)
Uninsured/Underinsured Motorist (UM/UIM) coverage is critical for protection
Texas allows inter-policy stacking, which can significantly increase your coverage

How Insurance Companies Try to Minimize Your Claim

Insurance companies are not on your side. Their goal is to pay you as little as possible, and they have sophisticated tactics to achieve this. Lupe Peña used these tactics for years while working for insurance companies—now he uses that knowledge to fight for victims.

Tactic #1: Quick Contact & Recorded Statement

Within days of your accident, the other driver’s insurance adjuster will contact you, often while you’re still in the hospital or on pain medication. They’ll sound friendly and helpful, saying things like:

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

What They’re Really Doing:
They’re building their defense against you with leading questions designed to 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 aren’t serious
“Were you distracted at all?”	Get you to admit distraction
“How fast were you going?”	Hope you overestimate or say “I don’t know”

The Truth:

You are NOT required to give a recorded statement to the other driver’s insurance company
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, and we prepare you properly if a statement becomes absolutely necessary. We know their questions because Lupe asked them for years.

Tactic #2: Quick Settlement Offer

Within days or weeks of your accident, the insurance company may offer you a quick settlement:

Typical offers: $2,000-$5,000
Sometimes $10,000-$15,000 if they’re scared
Sounds good when you have zero money and mounting bills

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

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

The Release Is Permanent and Final.

How Attorney911 Counters:
We never settle before Maximum Medical Improvement (MMI)—the point where you’ve recovered as much as you’re going to. This could be 6 months, 12 months, or even 24+ months depending on your injuries. Lupe calculated these lowball offers for years—he knows they’re offering 10-20% of your case’s true value.

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

Months into your treatment, the insurance company may request an “Independent Medical Examination” (IME). Don’t be fooled by the name—this exam is anything but independent.

What It Really Is:
An insurance company-hired doctor whose job is to minimize your injuries. These doctors are selected based on who gives the most insurance-favorable reports, not who’s most qualified.

What Happens at an IME:

A 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 your injuries

Common IME Doctor Findings:

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

How Attorney911 Counters:

We prepare you extensively before the exam
We send your complete medical records to the IME doctor first (forcing 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

Insurance companies often drag out cases, 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 while delaying

You have:

Mounting bills
Zero income
Creditors threatening
Need money NOW

Financial Desperation Makes You Accept Less:

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

How Attorney911 Counters:

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

Tactic #5: Surveillance and Social Media Monitoring

Insurance companies hire private investigators to:

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

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

7 Rules for Clients:

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

Tactic #6: Comparative Fault Arguments

Insurance companies always try to assign you maximum fault to reduce their payment:

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

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

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

Even Small Fault Percentages Cost Thousands:

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

How Attorney911 Counters:

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

The Colossus System: How Insurance Companies Actually Value Your Claim

Most insurance companies use a computerized claim valuation system called Colossus. Lupe Peña used this system for years while working for insurance companies—he knows exactly how it works and how to beat it.

How Colossus Works:

Data Entry: Adjuster inputs injury codes, treatment, costs, and jurisdiction
Coding: Injuries are coded using standardized medical terms
Calculation: Software applies algorithms to determine “value”
Range Output: System provides recommended settlement range
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

Common Injuries in Motor Vehicle Accidents

Traumatic Brain Injury (TBI)

Traumatic brain injuries are among the most serious consequences of motor vehicle accidents. Symptoms may appear immediately or develop over days or weeks.

Immediate Symptoms:

Loss of consciousness (even brief)
Confusion and disorientation
Vomiting and nausea
Seizures
Severe headache
Dilated pupils
Slurred speech
Weakness or numbness

Delayed Symptoms (Critical):

Worsening headaches
Repeated vomiting
Seizures developing days later
Slurred speech or difficulty speaking
Personality changes and mood swings
Sleep disturbances
Sensitivity to light and noise
Memory problems worsening

Severity Classifications:

Mild TBI/Concussion: Brief loss of consciousness, GCS 13-15
Moderate TBI: Loss of consciousness minutes to hours, GCS 9-12
Severe TBI: Extended unconsciousness or coma, GCS 3-8

Long-Term Complications:

Chronic Traumatic Encephalopathy (CTE): Progressive brain degeneration
Post-Concussive Syndrome: Headaches and dizziness lasting months or years
Increased Dementia Risk: Single moderate TBI doubles dementia risk
Personality and Mood Disorders: Depression, anxiety, irritability
Seizure Disorders: Can develop months or years after injury

Spinal Cord Injury

Spinal cord injuries often result in permanent disability, with the level of injury determining the extent of paralysis.

Injury Levels and Impact:

Cervical Spine (C1-C8, Neck Region):
- C1-C4 (High Cervical): Quadriplegia, possible ventilator dependence
- C5-C8 (Low Cervical): Quadriplegia with some arm/hand function
Thoracic Spine (T1-T12, Mid-Back): Paraplegia, wheelchair dependent
Lumbar Spine (L1-L5, Lower Back): Varying degrees of leg weakness/paralysis

ASIA Impairment Scale:

A: Complete (no motor or sensory function below injury)
B: Sensory Incomplete (sensory 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 recovery)

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

Amputations can occur at the accident scene (traumatic amputation) or as a result of surgical intervention due to crush injuries or infections.

Types:

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

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 a limb that’s no longer there
Can be severe and debilitating
Often a permanent condition
Requires lifetime pain management

Burn Injuries

Burn injuries can occur in accidents involving vehicle fires, explosions, or contact with hot surfaces.

Classifications:

First-Degree: Superficial (like sunburn), heals in 7-10 days
Second-Degree: Blistering, severe pain, may scar
Third-Degree: Full thickness, destroys all skin, always scars (requires skin grafting)
Fourth-Degree: Extends into muscle and bone (often requires amputation)

Body Surface Area Impact:

<10%: Usually outpatient
10-20%: Hospitalization required
20-40%: Burn center, ICU, multiple surgeries
40%: Extremely life-threatening
60%: Often fatal

Herniated Disc

Herniated discs are common in motor vehicle accidents, particularly rear-end collisions.

Treatment Timeline:

Acute Phase (Weeks 1-6): Severe pain, medications, rest
Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic
Interventional (If Conservative Fails): Epidural steroid injections
Surgery (If Injections Fail): Microdiscectomy or fusion

Permanent Restrictions Impact:

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

Soft Tissue Injuries

Soft tissue injuries (whiplash, sprains, strains) are often undervalued by insurance companies because they don’t show up on X-rays.

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 is Critical:

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

Psychological Injuries

Psychological injuries are common after motor vehicle accidents and can be just as debilitating as physical 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 Kirby Motor Vehicle 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.”

This insider knowledge is Attorney911’s biggest competitive advantage. Lupe spent years working for insurance companies, learning:

Claim valuation methods (Colossus software, reserve setting)
Settlement authority structures and approval processes
Defense tactics and delay strategies
IME (Independent Medical Exam) doctor selection process
Surveillance and investigation methods
Delay and financial pressure tactics
Comparative fault arguments and blame-shifting

Now he uses that knowledge for victims, not against them. As client Chavodrian Miles shared:

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

2. Multi-Million Dollar Results

Our track record of recovering millions for accident victims sets us apart:

Multi-million dollar settlement for a client who suffered a brain injury with vision loss
Settled in the millions for a client whose leg injury led to partial amputation
Recovered millions for families facing trucking-related wrongful death cases
Significant cash settlement for a client injured while lifting cargo on a ship

As client Glenda Walker described:

“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.”

3. Federal Court Experience for Complex Cases

Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission is critical for complex cases like:

Trucking accidents involving FMCSA regulations
Cases with out-of-state defendants
Product liability claims against vehicle manufacturers
Cases involving multiple defendants

Our firm was also one of the few involved in BP explosion litigation, demonstrating our ability to take on billion-dollar corporations.

4. Personal Attention from Experienced Attorneys

At Attorney911, you work directly with Ralph Manginello or Lupe Peña—not a case manager assembly line. As client Jamin Marroquin shared:

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

This personal touch is what sets us apart from high-volume firms where clients feel like just another file. When you call 1-888-ATTY-911, you’re reaching a legal emergency line where real attorneys answer your questions.

5. No Fee Unless We Win

We understand the financial burden of an accident can feel overwhelming. That’s why we work on a contingency fee basis—you pay nothing unless we win your case. There are no upfront costs, and we advance all case expenses.

As client Chad Harris said:

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

Frequently Asked Questions About Motor Vehicle Accidents in Kirby, Texas

Immediate After Accident

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

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

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

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

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

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

4. What information should I collect at the scene?

Other driver: name, phone, address, driver’s license, insurance
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 Kirby?
You can obtain the police report from the responding agency or through the Texas Department of Transportation’s Crash Records Information System (CRIS).

Dealing with Insurance

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

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

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

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

11. What if the other driver is uninsured or underinsured?
Your own Uninsured/Underinsured Motorist (UM/UIM) coverage can compensate you. Texas allows inter-policy stacking, which can significantly increase your coverage.

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

Legal Process

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

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

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

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

16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule:

If you’re 50% or less at fault, you can recover (reduced by your fault %)
If you’re 51% or more at fault, you recover nothing

Insurance companies always try to assign maximum fault to victims.

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 in negotiations.

19. How long will my case take to settle?
It depends on the severity of your injuries. We don’t settle until you’ve reached Maximum Medical Improvement (MMI). This could be 6 months for minor injuries or 18-24 months for serious injuries.

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

Investigation and evidence gathering
Medical treatment to MMI
Demand letter to insurance
Negotiation
Lawsuit if necessary
Discovery
Mediation
Trial if needed

Compensation

21. What is my case worth?
It depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, and insurance available. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).

22. What types of damages can I recover?

Medical expenses (past and future)
Lost wages and earning capacity
Pain and suffering
Mental anguish
Physical impairment
Disfigurement
Loss of enjoyment of life
Property damage

23. Can I get compensation for pain and suffering?
Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is no cap on pain and suffering damages (except in medical malpractice cases).

24. What if I have a pre-existing condition?
You can still recover if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule.

25. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries is not taxable. Punitive damages are taxable. Consult a tax professional.

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, and 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.

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 or Lupe Peña, not just paralegals. As Chad Harris shared:

“You are NOT just some client…You are FAMILY to them.”

31. What if I already hired another attorney?
You can switch. As client Greg Garcia said:

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

Mistakes to Avoid

32. What common mistakes can hurt my case?

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

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

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

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

Additional Questions

36. What if I have a pre-existing condition?
You can still recover. If the accident aggravated your pre-existing condition, you’re entitled to compensation for the aggravation. The “eggshell plaintiff” rule means the defendant takes the victim as they find them.

Example: You had mild occasional back pain. The accident caused a herniated disc requiring surgery. You recover for the new injury, not just the pre-existing pain. We hire medical experts to prove the difference.

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 own 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 and suffering.

The multiplier depends on:

Injury severity
Permanency
Impact on life
Clear liability

Example: $100,000 medical × 4 multiplier = $400,000 pain and suffering.

Lupe calculated these for years—he knows how to justify higher multipliers.

40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Government claims have special rules. You must file notice within 6 months (much shorter than the 2-year statute of limitations). Sovereign immunity protects government entities, and damage caps may apply.

These cases are complex—you need an experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—the 6-month deadline is strict.

41. What if the other driver fled the scene (hit and run)?
File a police report immediately (hit and run is a criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is critical—most footage is deleted within 7-30 days. We send preservation letters immediately.

Texas allows UM stacking. We’ve recovered substantial settlements in hit and run cases through UM claims.

42. What if I’m an undocumented immigrant—can I still file a claim?
YES. Immigration status does not affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses.

Lupe is fluent in Spanish. Call 1-888-ATTY-911—we protect your rights and your privacy.

43. What if the accident happened in a parking lot?
Parking lot accidents are fully compensable. Insurance companies often argue “parking lot accidents are always 50/50 fault”—this is a lie. We prove fault through:

Surveillance video
Witness statements
Damage analysis
Traffic patterns

Texas comparative negligence rules apply. We’ve won many parking lot cases with clear liability findings.

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

We handle the difficult conversation so you don’t have to.

45. What if the other driver died in the accident?
You can still pursue a claim against the deceased driver’s estate and insurance. Death doesn’t eliminate liability. The insurance policy still applies. The estate may have assets. Wrongful death laws protect both sides.

These cases are emotionally complex but legally straightforward. We handle them with sensitivity while protecting your rights.

Serving Kirby and All of Bexar County

Attorney911 serves accident victims across Kirby and the greater San Antonio area, including:

Downtown Kirby
Nearby neighborhoods like Windcrest and Converse
Brooks City-Base and surrounding areas
Along major roads like Loop 410 and I-37
Throughout Bexar County

Our attorneys are familiar with local courts, including the Bexar County Civil Courts, and the insurance adjusters who handle claims in this area. We know the specific challenges that Kirby residents face after an accident, from navigating local traffic patterns to dealing with insurance companies that underestimate the impact of injuries on working families.

Whether your accident occurred on a busy Kirby street, near Brooks City-Base, or on one of the major highways that run through Bexar County, we’re here to help. Our firm has the resources to handle cases of all sizes, from minor fender-benders to catastrophic injuries requiring lifelong care.

Contact Attorney911 Today

If you’ve been injured in a motor vehicle accident in Kirby, Texas, don’t wait—call Attorney911 now at 1-888-ATTY-911. Our legal emergency line is staffed by real attorneys who are ready to help you navigate this difficult time.

Remember:

Evidence disappears daily
The statute of limitations is real
Insurance companies are already building their case against you
You don’t have to face this alone

We offer:

Free consultation
No fee unless we win
Personal attention from experienced attorneys
Insider knowledge of insurance company tactics
A track record of multi-million dollar results

Call now: 1-888-ATTY-911

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

Don’t let the insurance company take advantage of you. Call Attorney911 today and let us fight for the compensation you deserve.