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Abernathy Car & Truck Accident Attorneys | 18-Wheelers, Commercial Trucks, Rideshare Crashes on US-84 & US-87 | Former Insurance Defense — We Know Their Playbook | $2.5M Truck Recovery | Attorney911 — The Firm Insurers Fear | Federal Court Experience | Se Habla Español | Call 1-888-ATTY-911

Motor Vehicle Accident Lawyers in Abernathy, Texas | Attorney911

If you’ve been injured in a car accident in Abernathy, Texas, the aftermath can feel overwhelming. The physical pain, emotional stress, and financial uncertainty can make it difficult to know where to turn. At Attorney911, we understand what you’re going through. With over 25 years of experience fighting for accident victims across Texas, our team is here to help you navigate this challenging time and fight for the compensation you deserve.

Every 57 seconds, someone in Texas is involved in a motor vehicle crash. In 2024 alone, there were 251,977 people injured on Texas roads. If you’re one of them, you don’t have to face this alone. Our Abernathy car accident lawyers are ready to stand by your side, protect your rights, and help you recover the maximum compensation for your injuries.

Why Abernathy Accident Victims Choose Attorney911

At Attorney911, we’re not just Texas attorneys—we’re your neighbors. We know the roads, the courts, and the challenges that accident victims in Abernathy and Hale County face. Whether you were injured on US Highway 87, FM 54, or any of the local streets in Abernathy, our team has the local knowledge and legal expertise to fight for you.

Our Unique Advantages:

  1. Insurance Defense Insider Knowledge – Lupe Peña, one of our attorneys, spent years working for a national insurance defense firm. He knows exactly how insurance companies value claims and build cases against victims. Now, he uses that knowledge to fight for you.

  2. Proven Results – We’ve recovered millions of dollars for our clients, including multi-million dollar settlements for catastrophic injuries like brain injuries and amputations.

  3. Federal Court Experience – Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This means we can handle complex cases that other firms might avoid.

  4. Personal Attention – When you call Attorney911, you work directly with Ralph, Lupe, or our dedicated staff—not a case manager assembly line. As client Chad Harris said, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

  5. No Fee Unless We Win – We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Common Types of Motor Vehicle Accidents in Abernathy

Abernathy and Hale County see their share of motor vehicle accidents, from crashes on busy highways to collisions in residential areas. Here are some of the most common types of accidents we handle:

Car Accidents

Car accidents are the most common type of motor vehicle crash in Texas, and Abernathy is no exception. Whether it’s a rear-end collision on US Highway 87 or a T-bone accident at an intersection, these crashes can cause serious injuries.

Common causes of car accidents in Abernathy:

  • Distracted driving (texting, phone use)
  • Speeding
  • Failure to yield
  • Running red lights or stop signs
  • Drunk or impaired driving
  • Following too closely

Injuries we commonly see:

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

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

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

18-Wheeler and Trucking Accidents

With US Highway 87 running through Abernathy and connecting to major freight routes, trucking accidents are a serious concern. The sheer size and weight of commercial trucks—often 80,000 pounds—mean these accidents frequently result in catastrophic injuries or fatalities.

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 in the U.S.

Why trucking accidents are more complex:

  • Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
  • Higher insurance limits (often $1 million or more)
  • Federal regulations (FMCSA) that govern trucking operations
  • Electronic Logging Device (ELD) data that can prove negligence

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

Drunk Driving Accidents

Drunk driving is a serious problem in Texas, and Abernathy is no exception. In 2024, alcohol-impaired driving was responsible for 1,053 deaths—25.37% of all traffic fatalities in Texas.

Why drunk driving cases often result in higher compensation:

  • Punitive damages may be available for gross negligence
  • Bars or restaurants that served the drunk driver may also be liable under Texas Dram Shop laws
  • Criminal charges against the drunk driver can strengthen your civil case

Dram Shop Liability in Texas:
Under Texas Alcoholic Beverage Code § 2.02, establishments can be held liable if they serve alcohol to someone who is “obviously intoxicated” and that person later causes an accident.

Signs of obvious intoxication:

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

Case Result: Our firm has successfully handled numerous drunk driving cases, including those involving dram shop liability. Our experience in both criminal and civil courts gives us a unique advantage in these cases.

Motorcycle Accidents

Motorcycle riders are particularly vulnerable on the road. In 2024, there were 585 motorcyclist fatalities in Texas—90% of them male. Many of these accidents occur when drivers fail to see motorcyclists or misjudge their speed.

Texas helmet law:

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

Common causes of motorcycle accidents:

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

Why insurance companies try to blame motorcyclists:
Texas uses a 51% comparative fault rule. If you’re found to be 51% or more at fault, you can’t recover any compensation. Insurance companies often try to assign as much fault as possible to the motorcyclist.

How we counter these arguments:
Lupe Peña spent years working for insurance companies, where he learned how to make these arguments. Now, he uses that knowledge to fight for motorcyclists and counter the insurance company’s tactics.

Pedestrian Accidents

Pedestrians are the most vulnerable road users. In 2024, there were 6,095 pedestrian crashes in Texas, resulting in 768 fatalities. Pedestrians account for just 1% of crashes but 19% of all roadway deaths.

Critical legal point:
In Texas, pedestrians always have the right of way at intersections—even at unmarked crosswalks. Many drivers don’t know this, and insurance companies won’t tell you.

Common pedestrian injuries:

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

If you’ve been hit by a car while walking in Abernathy, call us immediately. Evidence disappears quickly, and we need to act fast to protect your rights.

Hit and Run Accidents

Hit and run accidents are particularly frustrating because the at-fault driver flees the scene, leaving you to deal with the aftermath. In Texas, hit and run is a serious crime with severe penalties.

Texas penalties for hit and run:

Severity Charge Penalty
Death 2nd Degree Felony 2-20 years prison, up to $10,000 fine
Serious Bodily Injury 3rd Degree Felony 2-10 years prison, up to $10,000 fine
Minor Injury State Jail Felony Up to 5 years, up to $5,000 fine
Property Damage ≥$200 Class B Misdemeanor Up to 6 months jail, up to $2,000 fine

What to do if you’re the victim of a hit and run in Abernathy:

  1. Call 911 and report the accident
  2. Seek medical attention immediately
  3. Document everything (photos, witness info)
  4. Do NOT chase the fleeing driver
  5. Call Attorney911 at 1-888-ATTY-911

How you can still recover compensation:
Your Uninsured/Underinsured Motorist (UM/UIM) coverage can compensate you when the at-fault driver is unidentified. We can help you navigate this complex process.

Rideshare Accidents (Uber/Lyft)

Rideshare services like Uber and Lyft have become a common sight in Abernathy and across Texas. While they offer convenience, accidents involving rideshare vehicles can be particularly complex due to the multiple insurance policies involved.

Rideshare insurance coverage phases:

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

Why this matters:
The insurance coverage available depends on what the driver was doing at the exact moment of the crash. This can dramatically affect your ability to recover compensation.

Who can be injured in a rideshare accident:

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

If you’ve been injured in a rideshare accident in Abernathy, call us immediately. We know how to navigate the complex insurance landscape and maximize your recovery.

Delivery Vehicle Accidents (Amazon, FedEx, UPS)

With the rise of online shopping, delivery vehicles are everywhere in Abernathy. Accidents involving delivery trucks can be particularly complex due to the multiple parties that may be liable.

Recent delivery vehicle verdicts:

  • 2024: $16.2 million for a child struck by an Amazon delivery van in Georgia
  • 2024: $105 million in a case against Amazon’s delivery service partner (All Points 360)
  • 2024: Multiple wrongful death lawsuits against food delivery apps

Why delivery vehicle accidents often result in higher compensation:

  • Trucks are 3x the size and weight of passenger cars, leading to more severe injuries
  • $1 million+ liability insurance policies are typically required
  • Business models often encourage dangerous behavior (tight delivery windows, driver fatigue)

If you’ve been injured by a delivery vehicle in Abernathy, call us immediately. We have the experience to take on these large corporations and fight for the compensation you deserve.

What to Do After an Accident in Abernathy

The actions you take in the hours and days after an accident can significantly impact your ability to recover compensation. Here’s what you should do:

Immediate Steps (First 24 Hours)

  1. Ensure Safety – If you can move safely, get to a secure location away from traffic.
  2. Call 911 – Report the accident and request medical assistance if anyone is injured.
  3. Seek Medical Attention – Even if you feel fine, get checked out immediately. Adrenaline can mask injuries, and some serious conditions (like traumatic brain injuries) may not show symptoms right away.
  4. Document Everything – Take photos of all vehicle damage, the accident scene, road conditions, and any visible injuries.
  5. Exchange Information – Get the other driver’s name, phone number, address, insurance information, driver’s license number, and license plate number.
  6. Get Witness Information – If there are witnesses, get their names and phone numbers.
  7. Do NOT Give a Recorded Statement – Insurance adjusters may contact you quickly. Do not give a recorded statement without speaking to an attorney first.
  8. Call Attorney911 – Reach out to us at 1-888-ATTY-911 for immediate legal guidance.

Next 48 Hours

  1. Preserve Evidence – Save all photos, videos, and documents related to the accident.
  2. Follow Up with Medical Care – Continue seeing your doctor and following their recommendations.
  3. Keep a Journal – Document your pain levels, symptoms, and how the injuries are affecting your daily life.
  4. Do NOT Post on Social Media – Insurance companies monitor social media for posts that could undermine your claim.
  5. Refer Insurance to Your Attorney – Once you’ve hired us, refer all insurance communications to our team.

Long-Term Steps

  1. Continue Medical Treatment – Follow your doctor’s recommendations and attend all follow-up appointments.
  2. Document Your Recovery – Keep track of your medical bills, lost wages, and other expenses related to the accident.
  3. Stay in Touch with Your Attorney – We’ll keep you updated on the progress of your case and guide you through each step.

Why Evidence Disappears Quickly

One of the most important reasons to contact an attorney immediately after an accident is that evidence disappears quickly. Here’s a timeline of what happens to critical evidence:

Timeframe What Disappears
7-30 Days Surveillance footage from nearby businesses (gas stations, retail stores, traffic cameras)
30-180 Days Electronic Logging Device (ELD) data from commercial trucks
Weeks to Months Witness memories fade, and witnesses become harder to locate
Months Vehicle damage evidence is lost once repairs are made

At Attorney911, we act fast to preserve evidence. Within 24 hours of being retained, we send preservation letters to all relevant parties, demanding they preserve critical evidence before it’s deleted or destroyed.

Texas Motor Vehicle Accident Laws You Need to Know

Statute of Limitations

In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit. This deadline is strict, and if you miss it, you may lose your right to compensation forever.

Comparative Negligence (51% Rule)

Texas uses a modified comparative negligence system. This means:

  • If you are 50% or less at fault, you can recover damages (reduced by your percentage of fault)
  • If you are 51% or more at fault, you cannot recover any compensation

Example:

  • If you are found to be 20% at fault for an accident with $100,000 in damages, you can recover $80,000.
  • If you are found to be 51% at fault, you recover nothing.

Why this matters:
Insurance companies will try to assign as much fault as possible to you to reduce their payout. Having an experienced attorney on your side can help counter these arguments.

Texas Minimum Auto Insurance Requirements

Texas law requires all drivers to carry minimum auto insurance coverage:

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

Uninsured/Underinsured Motorist Coverage:

  • 15.4% of U.S. motorists are uninsured (approximately 1 in 7 drivers)
  • Your own UM/UIM coverage can protect you if the at-fault driver is uninsured or underinsured
  • Texas allows inter-policy stacking (combining coverage from multiple vehicles)

How Attorney911 Proves Liability in Your Case

To recover compensation for your injuries, we must prove that the other party was negligent. This involves establishing four key elements:

  1. Duty of Care – The other driver had a legal obligation to operate their vehicle safely.
  2. Breach of Duty – The other driver violated that duty through their actions (e.g., speeding, texting, running a red light).
  3. Causation – The breach of duty directly caused your injuries.
  4. Damages – You suffered actual harm (physical, financial, emotional).

Types of Evidence We Use

Physical Evidence:

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

Documentary Evidence:

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

Electronic Evidence:

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

Testimonial Evidence:

  • Witness statements
  • Expert witness testimony (accident reconstructionists, medical experts)
  • Your own testimony about how the accident occurred and how it has affected your life

What Compensation Can You Recover?

If you’ve been injured in an accident in Abernathy, you may be entitled to compensation for:

Economic Damages (No Cap in Texas)

  • Medical Expenses (Past and Future): ER visits, hospital stays, surgeries, doctor visits, physical therapy, medications, medical equipment
  • Lost Wages: Income lost from the date of the accident to the present
  • Lost Earning Capacity: 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)

  • Pain and Suffering: Physical pain from your 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 your appearance
  • Loss of Consortium: Impact on your marriage or family relationships
  • Loss of Enjoyment of Life: Inability to participate in activities you previously enjoyed

Punitive Damages (Capped in Texas)

  • Available for gross negligence, fraud, or malice
  • Common in drunk driving cases
  • Cap: Greater of $200,000 OR (2x economic damages + 1x non-economic damages, capped at $750,000 for non-economic portion)

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. Here are some of the tactics they use to minimize your claim:

1. The Quick Cash Trap

What they do:
Within days or weeks of your accident, the insurance company may offer you a quick settlement—often just a few thousand dollars. They’ll create artificial urgency, telling you the offer expires soon or that it’s their “final offer.”

The trap:

  • You don’t know the full extent of your injuries yet
  • Early offers are always lowball offers
  • Once you sign a release, you can’t get more money even if you need surgery later

How Attorney911 counters:
We never settle before you’ve reached Maximum Medical Improvement (MMI)—the point at which your condition has stabilized, and your doctor can assess your long-term prognosis.

2. The Recorded Statement Trap

What they do:
The other driver’s insurance company will contact you quickly, acting friendly and helpful. They’ll ask you to give a recorded statement about what happened.

What they’re really doing:
They’re building their defense against you. They’ll ask leading questions designed to get you to say things that hurt your case.

Common questions they ask:

  • “You’re feeling better now, though, right?” (Trap: You say yes, they claim your injuries aren’t serious)
  • “It wasn’t that bad of an impact, was it?” (Trap: They minimize the severity of the collision)
  • “You were able to walk away from the scene?” (Trap: They suggest your injuries aren’t serious)
  • “Were you distracted at all?” (Trap: They try to get you to admit distraction)
  • “How fast were you going?” (Trap: They hope you overestimate or say “I don’t know”)

How Attorney911 counters:
We handle all communications with the insurance company. You don’t have to talk to them at all. If a recorded statement becomes necessary, we’ll prepare you thoroughly and be with you during the statement.

3. The “Independent” Medical Exam (IME) Scheme

What they call it:
“Independent Medical Examination” (IME)

What it really is:
An exam by a doctor hired by the insurance company to minimize your injuries.

How insurance companies choose IME doctors:

  • They select doctors who consistently give insurance-favorable reports
  • These doctors are paid thousands of dollars per exam by insurance companies
  • They know that repeat business depends on giving reports that help insurance companies

What happens at an IME:

  • A 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation)
  • The doctor rarely reviews your complete medical records beforehand
  • They ask questions designed to elicit “I’m feeling better” responses
  • They look for any reason to minimize your injuries

Common IME doctor findings:

  • “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
  • We challenge biased IME reports with our own medical experts
  • Lupe Peña knows these specific doctors and their biases—he hired them for years when he worked for insurance companies

4. The Delay, Deny, Defend Strategy

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

Their tactics:

  • “Still investigating your claim”
  • “Waiting for medical records” (even when you’ve sent them)
  • “Reviewing your file”
  • Ignoring your calls and emails
  • Taking weeks to respond to simple questions

Why delay works:

  • Evidence disappears (surveillance footage, witness memories)
  • You face mounting bills and financial pressure
  • You become desperate for any settlement

How Attorney911 counters:

  • We file a lawsuit to force deadlines
  • We set depositions to compel them to produce witnesses
  • We prepare for trial to show we’re serious
  • Lupe understands delay tactics because he used them—he knows when and how to push back

5. The Surveillance Trap

What they do:
Insurance companies hire private investigators to follow you and video your daily activities.

What they’re looking for:

  • Any activity that contradicts your injury claims
  • One video of you bending over = “Not really injured”
  • They take innocent activity out of context

What they monitor:

  • Social Media: Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
  • Public Places: Your driveway, the street, stores, restaurants
  • Your Friends’ Profiles: Posts mentioning you, photos you’re tagged in

Examples we’ve defended against:

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

Lupe’s Insider Perspective:

“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.”

7 Rules to Protect Your Case:

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

6. The Comparative Fault Trap

What they do:
Insurance companies try to assign you as much fault as possible to reduce their payout.

Their arguments:

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

Why it matters:
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 of fault

Even small percentages cost you thousands:

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

How Attorney911 counters:

  • We conduct an aggressive liability investigation
  • We use accident reconstruction to prove the other driver’s fault
  • We gather witness statements supporting your version of events
  • We analyze the police report to emphasize citations against the other driver
  • Lupe knows their fault arguments because he made them for years—now he defeats them

How Colossus Software Undervalues Your Claim

Insurance companies use a computerized system called Colossus to calculate the value of your claim. Here’s how it works and how they manipulate it:

How Colossus Works:

  1. Data Entry – The adjuster inputs injury codes, treatment types, costs, and jurisdiction
  2. Coding – Your injuries are coded using standardized medical terms
  3. Calculation – The software applies algorithms to determine a “value”
  4. Range Output – The system provides a recommended settlement range
  5. Authority – The adjuster typically cannot exceed this range without supervisor approval

How Insurance Companies Manipulate Colossus:

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

Why Lupe’s Experience Matters:

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

Medical Knowledge: Understanding Your Injuries

At Attorney911, we understand the medical realities of motor vehicle accidents. Here’s what you need to know about common injuries:

Traumatic Brain Injury (TBI)

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
  • Worsening confusion and memory problems

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 later in life
  • Personality and mood disorders – depression, anxiety, irritability
  • Seizure disorders – can develop months or years after injury
  • Cognitive impairment – memory problems, difficulty concentrating

Attorney911 Case Result:

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

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
    • C5-C8 (Low Cervical): Quadriplegia with some arm/hand function, wheelchair dependent
  • Thoracic Spine (T1-T12, Mid-Back): Paraplegia (lower body paralysis), wheelchair dependent
  • Lumbar Spine (L1-L5, Lower Back): Varying degrees of leg weakness/paralysis, 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 the 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 a limb that’s no longer there
  • Can be severe and debilitating
  • Often a permanent condition
  • Requires lifetime pain management

Attorney911 Case Result:

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

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. 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 is Critical:

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

Why Choose Attorney911 for Your Abernathy Accident Case?

When you’re injured in an accident, choosing the right attorney can make all the difference. Here’s why Abernathy accident victims trust Attorney911:

1. Insurance Defense Insider Knowledge

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

What this means for your case:

  • We know their tactics because Lupe used them
  • 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 Abernathy has this advantage.

2. Multi-Million Dollar Results

Attorney911 has recovered millions of dollars for our clients, including:

  • Multi-million dollar settlement for a client who suffered a brain injury with vision loss
  • Multi-million dollar settlement for a car accident victim who required a partial amputation due to complications
  • Millions recovered for families in trucking-related wrongful death cases
  • Significant cash settlement for a maritime injury case

Our results prove we don’t settle cheap.

3. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas.

Why this matters:

  • Complex cases often end up in federal court
  • FMCSA trucking regulations are federal
  • Diversity jurisdiction applies when defendants are from different states
  • Federal court requires different skills than state court

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

4. Personal Attention You Can Trust

At Attorney911, you’re not just another case number. You work directly with Ralph Manginello, Lupe Peña, and our dedicated staff.

What our clients say:

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

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

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

5. Contingency Fee – No Risk to You

We work on a contingency fee basis, which means:

  • Free consultation – No obligation
  • No upfront costs – We advance all case expenses
  • No fee unless we win – You pay nothing unless we recover compensation for you

Frequently Asked Questions About Abernathy Car Accidents

Immediate After Accident

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

If you’ve been in an accident in Abernathy:

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

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 Abernathy, 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/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 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 damages (reduced by your fault %). If you’re 51% or more 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?

It depends on the severity of your injuries. We don’t settle until you’ve reached Maximum Medical Improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.

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?

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

22. What types of damages can I recover?

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

23. Can I get compensation for pain and suffering?

Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is NO CAP on pain and suffering (except medical malpractice).

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

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

25. Will I have to pay taxes on my settlement?

Generally, compensation for physical injuries is NOT taxable. Punitive damages ARE taxable. Consult a tax professional.

26. How is the value of my claim determined?

Based on: medical bills, future treatment costs, lost income, permanent impairment rating, comparable verdicts, severity of injuries, impact on daily life.

Attorney Relationship

27. How much do car accident lawyers cost?

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

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

28. What does “no fee unless we win” mean?

You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.

29. How often will I get updates?

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

30. Who will actually handle my case?

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

31. What if I already hired another attorney?

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

Mistakes to Avoid

32. What common mistakes can hurt my case?

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

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

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

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

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

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

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

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

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. The accident caused a herniated disc requiring surgery. You recover for the NEW injury, not just the pre-existing pain. We hire medical experts to prove the difference. Lupe knows how insurance attacks pre-existing conditions—he used this defense for years.

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

YES. You can fire your attorney at any time. If your attorney isn’t communicating, isn’t fighting for you, or is pushing you to settle cheap, you have the right to switch. Attorney911 has taken over many cases from other attorneys.

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

Call 1-888-ATTY-911 to discuss switching.

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

Uninsured/Underinsured Motorist claims are against YOUR insurance when the other driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation.

Texas allows inter-policy stacking (combining multiple UM policies). Lupe’s insurance knowledge is critical for maximizing UM/UIM recovery.

39. How do you calculate pain and suffering?

Most commonly using the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering.

The multiplier depends on:

  • Injury severity
  • Permanency
  • Impact on life
  • 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 a detailed breakdown.

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

Government claims have special rules. You must file notice within 6 months (much shorter than the 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply. These cases are complex—you need an experienced attorney.

Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—the 6-month deadline is strict.

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

File a police report immediately (hit and run is a criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is CRITICAL—gas stations, businesses, Ring doorbells, traffic cameras. 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 love to argue “parking lot accidents are always 50/50 fault” (LIE). We prove fault through:

  • Surveillance video
  • Witness statements
  • Damage analysis
  • Traffic patterns

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

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

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

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

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

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

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

How Attorney911 Handles Your Abernathy Accident Case

When you choose Attorney911, here’s what happens:

Step 1: Free Consultation

  • We listen to your story
  • We answer your questions
  • We explain your rights
  • We outline the next steps
  • No obligation, no pressure

Step 2: Immediate Action

Within 24 hours of being retained, we:

  • Send preservation letters to all parties (other driver, trucking companies, businesses near the scene)
  • Secure surveillance footage before it’s deleted
  • Obtain the police report
  • Begin gathering evidence

Step 3: Medical Care Coordination

  • We help you get the medical treatment you need
  • We work with doctors who accept liens (treat now, pay from settlement)
  • We document your injuries thoroughly
  • We ensure you reach Maximum Medical Improvement (MMI)

Step 4: Investigation and Documentation

  • Accident reconstruction
  • Witness interviews
  • Medical record collection
  • Expert consultations
  • Liability analysis

Step 5: Demand and Negotiation

  • We prepare a comprehensive demand package
  • We present it to the insurance company
  • We negotiate aggressively for maximum compensation
  • We use Lupe’s insider knowledge to counter their tactics

Step 6: Litigation (If Necessary)

  • We file a lawsuit if the insurance company won’t offer a fair settlement
  • We handle all court filings and deadlines
  • We conduct discovery (depositions, document requests)
  • We prepare for trial

Step 7: Settlement or Trial

  • Most cases settle before trial
  • If necessary, we take your case to trial
  • We fight for maximum compensation in court
  • We handle all appeals if needed

Step 8: Resolution and Recovery

  • We negotiate lien reductions to maximize your take-home recovery
  • We ensure all medical bills are paid
  • We distribute your compensation
  • We help you move forward with your life

Abernathy-Specific Resources

Local Hospitals and Medical Centers

If you’ve been injured in an accident in Abernathy, seek medical attention at:

  • Covenant Health Plainview – 2601 Dimmitt Rd, Plainview, TX 79072 (nearest major hospital)
  • Hale County Hospital District – 1901 S Columbia St, Plainview, TX 79072
  • Covenant Medical Center – 3615 19th St, Lubbock, TX 79410 (Level I Trauma Center, ~45 minutes from Abernathy)

Local Courts

If your case goes to court, it will likely be heard in:

  • Hale County Justice of the Peace Courts – for smaller claims
  • Hale County Court at Law – for larger claims
  • 72nd District Court – serving Hale County

Dangerous Roads and Intersections in Abernathy

While Abernathy is a smaller community, accidents can happen anywhere. Some areas to be particularly cautious include:

  • US Highway 87 – A major north-south route through Abernathy with heavy truck traffic
  • FM 54 – Connects Abernathy to Plainview and other nearby towns
  • Intersection of US 87 and FM 54 – Can be busy with local and through traffic
  • Local streets in Abernathy – Particularly during school hours when children are present

Local Law Enforcement

  • Abernathy Police Department – 811 Ave D, Abernathy, TX 79311
  • Hale County Sheriff’s Office – 1900 S Columbia St, Plainview, TX 79072

Contact Attorney911 Today

If you’ve been injured in a motor vehicle accident in Abernathy, Texas, don’t wait to get the help you need. Evidence disappears quickly, and insurance companies are already building their case against you.

Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for a free consultation.

We’re available 24/7 to take your call. When you call, you’ll speak directly with our team—not a call center. We’ll listen to your story, answer your questions, and explain your rights.

Remember:

  • Free consultation – no obligation
  • No fee unless we win – you pay nothing upfront
  • We advance all case costs
  • We handle everything – you focus on recovery
  • Se habla español – Lupe Peña and our team are fluent in Spanish

Don’t face this alone. Call Attorney911 today at 1-888-ATTY-911.

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

“This place feels like having a family over your case. And communication with you every step of the way. That’s how you know you’re in good hands.” – Kiwi Potato

Attorney911 – Your Legal Emergency Lawyers in Abernathy, Texas.