Motor Vehicle Accident Lawyers in Port Arthur, Texas | Attorney911
If you’ve been injured in a car accident in Port Arthur, Texas, you’re not alone. Every 57 seconds, a crash occurs on Texas roads, and every 2 minutes and 5 seconds, someone is injured. In Jefferson County, where Port Arthur is located, these accidents can happen anywhere—from busy intersections like the Highway 73 and 9th Avenue crossing to the industrial corridors near the Port of Port Arthur. At Attorney911, we understand the overwhelming fear and confusion you’re experiencing right now. Ralph Manginello, our founder with over 25 years of experience, has dedicated his career to fighting for accident victims like you. We’re here to guide you through this difficult time and fight for the compensation you deserve.
The Reality of Car Accidents in Port Arthur
Port Arthur and the surrounding Golden Triangle area see their fair share of motor vehicle accidents. With major highways like I-10 and Highway 69 running through the region, and industries that bring heavy truck traffic, the risk of serious accidents is ever-present. In 2024 alone, Texas saw 251,977 people injured in motor vehicle crashes—many of them right here in Southeast Texas.
Common causes of accidents in our area include:
- Distracted driving (a leading cause of 380 deaths in Texas in 2024)
- Speeding on I-10 or Highway 73
- Failure to yield at busy Port Arthur intersections
- Drunk driving, especially near entertainment districts
- Fatigued driving from long shifts at local refineries
- Poor weather conditions common in coastal Texas
These accidents can result in devastating injuries that change lives in an instant. Whether you were rear-ended on Highway 87 or involved in a multi-vehicle pileup near the Port Arthur Civic Center, the physical, emotional, and financial toll can be overwhelming.
Common Injuries from Motor Vehicle Accidents
At Attorney911, we’ve seen firsthand how car accidents can cause serious, life-altering injuries. Some of the most common injuries we handle include:
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Whiplash and soft tissue injuries: Often dismissed as “minor,” these can cause chronic pain and require extensive physical therapy. Many of our Port Arthur clients initially think their neck pain is temporary, only to discover it’s a long-term condition.
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Herniated discs: These spinal injuries can require surgery and months of rehabilitation. We’ve helped clients who thought they just had back pain, only to learn they needed spinal fusion surgery costing over $100,000.
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Broken bones and fractures: From simple fractures to complex breaks requiring multiple surgeries, these injuries can keep you out of work for months. We recently helped a Port Arthur construction worker who broke his leg in three places after being hit by a distracted driver.
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Traumatic brain injuries (TBI): Even “mild” concussions can have lasting effects on memory, concentration, and personality. In a recent case, our client suffered a brain injury with vision loss when a log dropped on him at a logging company—this case settled in the millions.
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Spinal cord injuries: These catastrophic injuries can result in partial or complete paralysis. The lifetime costs of care can exceed $5 million.
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Internal organ damage: Often invisible at first, internal injuries can be life-threatening if not treated promptly. We’ve seen cases where clients walked away from accidents only to discover internal bleeding hours later.
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Psychological injuries: PTSD, anxiety, and depression are common after serious accidents. Many of our clients develop a fear of driving that affects their daily lives.
In one particularly heartbreaking case, our client’s leg was injured in a car accident right here in Port Arthur. During treatment, staff infections developed, and doctors had no choice but to perform a partial amputation. The insurance company initially offered just $50,000, claiming the amputation was a “medical complication” not related to the accident. We brought in medical experts who proved the amputation was a direct result of the accident injuries. We documented lifetime prosthetic costs, lost earning capacity, and the profound impact on our client’s daily life. The case ultimately settled in the millions—not the $50,000 they initially offered.
Who’s Really Responsible? Understanding Liability in Texas
Texas is an “at-fault” state, which means the person who caused the accident is responsible for your damages. But determining fault isn’t always straightforward. Insurance companies will try to shift blame to minimize their payouts. This is where our experience makes all the difference.
At Attorney911, we know how to prove liability. We gather evidence from:
- Police accident reports (critical in Port Arthur and Jefferson County cases)
- Witness statements (we track down witnesses before their memories fade)
- Surveillance footage (from nearby businesses, traffic cameras, or Ring doorbells)
- Vehicle damage (we analyze the damage to reconstruct the accident)
- Medical records (to prove the connection between the accident and your injuries)
- Electronic data (like black boxes in vehicles)
In Texas, we also have the 51% comparative fault rule. This means if you’re found to be 51% or more at fault, you can’t recover any damages. If you’re 50% or less at fault, your recovery is reduced by your percentage of fault. For example, if you’re 20% at fault in a $100,000 case, you’d recover $80,000.
Insurance companies love to use this rule to their advantage. They’ll argue that you could have avoided the accident or that you were speeding. Our team, led by Lupe Peña—a former insurance defense attorney—knows all their tactics. We anticipate their arguments and build a strong case to prove the other driver’s fault.
Why Choose Attorney911 for Your Port Arthur Car Accident Case?
When you’re injured in a car accident in Port Arthur, you need more than just a lawyer—you need a team that will fight for you like family. Here’s what sets Attorney911 apart:
1. Insurance Defense Insider Knowledge
Lupe Peña, our associate attorney, spent years working for a national defense firm, learning firsthand how large insurance companies value claims. He knows their tactics because he used them. Now, he uses that 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
2. Proven Results in Complex Cases
We don’t just talk about results—we have them. Our firm has recovered millions for clients facing serious injuries:
- Multi-million dollar settlement for a client who suffered brain injury with vision loss when a log dropped on him at a logging company
- In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions
- At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation
3. Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court experience is crucial for complex cases, especially those involving:
- Trucking accidents with interstate commerce
- Cases against large corporations
- Product liability claims (like defective vehicle parts)
Our firm is also one of the few in Texas to be involved in BP explosion litigation, demonstrating our ability to take on billion-dollar corporations.
4. Personal Attention You Can Trust
At Attorney911, you’re not just another case number. As client Chad Harris said:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
We understand that you’re going through one of the most difficult times in your life. You’ll work directly with Ralph or Lupe, not just paralegals. Our team keeps you informed every step of the way.
5. No Fee Unless We Win
We work on a contingency fee basis—you pay nothing unless we win your case. This means:
- Free initial consultation
- No upfront costs
- No hourly fees
- We advance all case expenses
- You only pay if we recover compensation for you
What to Do After a Car Accident in Port Arthur
The actions you take in the hours and days after an accident can significantly impact your case. Here’s our 48-hour protocol for Port Arthur accident victims:
Hour 1-6: Immediate Crisis Response
✅ Safety First: If you can move safely, get to a secure location away from traffic. In Port Arthur, this might mean moving to the shoulder of Highway 73 or finding a safe spot near the accident scene.
✅ Call 911: Report the accident and request medical assistance if anyone is injured. 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 visible injuries
- Screenshot any messages visible on your phone (do NOT delete anything)
✅ Exchange Information:
- Other driver’s name, phone number, and address
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, and color
✅ Witnesses:
- Get names and phone numbers of any witnesses
- Ask if they saw what happened
- Record their statements if possible
✅ Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company
Hour 6-24: Evidence Preservation
✅ Digital Preservation:
- Preserve all texts, calls, photos, 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 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 and 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
- Call Attorney911 at 1-888-ATTY-911 for a free consultation
- Have your documentation ready
✅ Insurance Response:
- If insurance contacts you, refer them to your attorney
- Say: “My attorney will be in touch with you”
- Provide only basic information: name, date of accident, that you were involved
✅ Settlement Offers:
- Do NOT accept or sign anything without lawyer review
- Early offers are ALWAYS lowball offers
- You don’t know the full extent of your injuries yet
✅ Evidence Backup:
- Upload all screenshots and photos to cloud storage
- Email copies to yourself and a family member
- Create a written timeline of events while your memory is fresh
Week One: Protecting Your Case
✅ Medical Follow-Up:
- Continue documenting all injuries
- See specialists if recommended
- Follow ALL doctor recommendations (insurance watches for gaps)
- Get written work restrictions if needed
✅ Investigation Begins:
- Attorney obtains police report
- Preservation letters sent to all parties
- Surveillance footage secured before deletion
- Witness statements recorded
✅ Communication:
- Attorney handles ALL insurance communication
- You focus on recovery
- Document any pressure from insurance or other parties
Insurance Tactics Exposed: What They Don’t Want You to Know
When you’re injured in a car accident, the insurance company’s goal is to pay you as little as possible. They have a playbook of tactics designed to minimize your claim. At Attorney911, we know this playbook inside and out—because Lupe Peña used to work for them.
Here are the six most common insurance tactics and how we counter them:
1. The Quick Cash Trap
What they do: Within days of your accident, the insurance adjuster calls with a “generous” settlement offer—usually $2,000-$5,000. They create artificial urgency: “This offer expires in 48 hours.”
The trap: You’re desperate for money to pay bills, so you accept. Later, you discover your injuries are worse than you thought—maybe you need surgery that costs $100,000. Too late. The release you signed is permanent.
How we counter: We NEVER let clients settle before reaching Maximum Medical Improvement (MMI). We know these early offers are always lowball—often just 10-20% of your case’s true value. Lupe calculated these lowball offers for years; he knows exactly how they’re calculated.
2. The Recorded Statement Trap
What they do: The adjuster calls, acting friendly: “We just want to get your side of the story to process your claim.” They 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?” (They want you to say you’re improving)
- “It wasn’t that bad of an impact, was it?” (They want to minimize the collision)
- “You were able to walk away from the scene?” (They want to suggest your injuries aren’t serious)
- “Were you distracted at all?” (They want you to admit fault)
The trap: Everything you say is recorded, transcribed, and used against you. You can’t take it back.
How we counter: We handle ALL communications with insurance companies. You don’t talk to adjusters without us. We prepare you for any statements and sit with you during them. As client Dame Haskett said:
“Consistent communication and not one time did I call and not get a clear answer…Ralph reached out personally.”
3. The “Independent” Medical Exam Scam
What they call it: “Independent Medical Examination” (IME)
What it really is: A doctor hired and paid by the insurance company to minimize your injuries.
How they choose IME doctors: They select doctors based on:
- Who gives insurance-favorable reports (NOT who’s most qualified)
- Doctors who consistently find “no injury” or “pre-existing condition”
- Doctors paid $2,000-$5,000 per exam by insurance companies
What happens at the IME: A 10-15 minute “examination” where they:
- 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 findings:
- “Patient has pre-existing degenerative changes” (Everyone over 40 has some arthritis)
- “Injuries consistent with minor trauma” (Minimizing your pain)
- “Patient can return to full duty work” (Eliminating lost wage claims)
- “Treatment has been excessive” (Attacking your doctors)
- “Subjective complaints out of proportion to objective findings” (Calling you a liar)
How we counter: We prepare you extensively before the exam. We send complete medical records to the IME doctor first, forcing them to review them. We challenge biased IME reports with our own medical experts. Lupe knows these specific doctors and their biases—he hired them for years.
4. Delay and Financial Pressure
What they do: They drag your case out for months, even years:
- “Still investigating your claim”
- “Waiting for medical records” (that you sent months ago)
- “Reviewing your file”
- Ignoring your calls and emails
Why delay works: Insurance companies have unlimited time and resources. You have mounting bills, no income, and creditors threatening you. Financial desperation makes you accept less.
How we counter: We file lawsuits to force deadlines. We set depositions to make them produce witnesses. We prepare for trial to show we’re serious. Lupe understands delay tactics because he used them—he knows when to push.
5. Surveillance and Social Media Monitoring
What they do: Insurance companies hire private investigators to:
- Video you doing daily activities
- Film from public places (your driveway, stores, parks)
- Follow you to appointments, errands, social activities
- Look for ANY activity contradicting your injury claims
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 | What 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 Our Clients:
- Make ALL profiles private immediately
- DON’T post about the accident, injuries, activities, or emotions
- DON’T check in anywhere
- Tell friends and 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
6. Comparative Fault Arguments
What they do: They try to assign you maximum fault to reduce their payment:
- “You were speeding” (without evidence)
- “You weren’t paying attention” (speculation)
- “You could have avoided this” (hindsight bias)
- “You were distracted” (guessing)
- “You contributed to this accident” (shifting blame)
Why they do this: Texas’s 51% bar rule means:
- If you’re 51%+ 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 we counter: We conduct aggressive liability investigations:
- 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.
How Insurance Companies Really Value Your Claim: The Colossus System
Most people don’t know that insurance companies use a software system called Colossus to calculate claim values. Lupe Peña used this system when he worked for insurance companies. Here’s how it really works:
- Data Entry: The adjuster inputs injury codes, treatment types, costs, and jurisdiction
- Coding: Your injuries are coded using standardized medical terms
- Calculation: The software applies algorithms to determine “value”
- Range Output: The system provides a recommended settlement range
- Authority: The adjuster typically cannot exceed this range without supervisor approval
How they manipulate Colossus to pay you less:
| 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 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 records to beat the algorithm
- He worked with these systems for years as a defense attorney
Understanding Your Damages: What You Can Recover
After a car accident in Port Arthur, you may be entitled to various types of compensation. At Attorney911, we fight for every dollar you deserve. Here’s what you can potentially recover:
Economic Damages (No Cap in Texas)
These are your quantifiable financial losses:
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Medical Expenses (Past and Future): ER visits, hospital stays, surgeries, doctor visits, physical therapy, medications, medical equipment, and future medical care. For example, we helped a client with a herniated disc requiring surgery recover over $150,000 in medical expenses.
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Lost Wages: Income lost from the date of the accident to the present. This includes missed work for medical appointments and recovery time.
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Lost Earning Capacity: If your injuries prevent you from returning to your previous job or reduce your ability to earn income in the future. We work with vocational experts to calculate this.
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Property Damage: Repair or replacement of your vehicle and any personal property damaged in the accident.
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Out-of-Pocket Expenses: Transportation to medical appointments, home modifications, household help, and any other accident-related expenses.
Non-Economic Damages (No Cap Except Medical Malpractice)
These are your intangible losses:
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Pain and Suffering: Physical pain from your injuries, both past and future. This is often calculated using a multiplier of your medical expenses (typically 1.5 to 5 times, depending on severity).
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Mental Anguish: Emotional distress, anxiety, depression, fear, and PTSD resulting from the accident.
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Physical Impairment: Loss of physical function, disability, or limitations on your daily activities.
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Disfigurement: Scarring, permanent visible injuries, or changes to your appearance.
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Loss of Consortium: Impact on your marriage or family relationships, including loss of companionship, affection, and support.
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Loss of Enjoyment of Life: Inability to participate in activities you previously enjoyed.
Punitive Damages (Capped in Texas)
These are available in cases of gross negligence, fraud, or malice. Common in drunk driving cases. The cap is the greater of:
- $200,000, OR
- 2 times economic damages plus 1 times non-economic damages (capped at $750,000 for the non-economic portion)
How We Calculate Your Case Value
At Attorney911, we use several methods to determine your case’s value:
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Multiplier Method: Medical expenses × multiplier (1.5 to 5) + lost wages + property damage
- Minor injuries: 1.5-2×
- Moderate injuries: 2-3×
- Severe injuries: 3-4×
- Catastrophic injuries: 4-5×+
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Per Diem Method: Daily rate × number of days affected by injuries
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Life Care Plan: For catastrophic injuries, we work with medical experts to create a comprehensive plan for lifetime care costs.
Factors that increase your case value:
- Permanent injury or disability
- Scarring or disfigurement
- Long recovery time (12+ months)
- Surgery required
- Ongoing pain management needed
- Clear liability (other driver 100% at fault)
- Sympathetic plaintiff (child, elderly, pregnant)
- Defendant’s conduct was egregious (drunk driving, hit and run)
- Strong evidence (video, witnesses)
- Permanent restrictions on work or activities
Factors that decrease your case value:
- Disputed liability (comparative fault issues)
- Gaps in medical treatment
- Pre-existing conditions
- Social media mistakes
- Recorded statements without an attorney
- Delayed attorney hiring
Common Types of Motor Vehicle Accidents in Port Arthur
At Attorney911, we handle all types of motor vehicle accidents in Port Arthur and throughout Jefferson County. Here are some of the most common types we see:
Car Accidents
Car accidents are the most common type of motor vehicle accident in Port Arthur. With busy roads like Highway 73, Highway 69, and Highway 87, as well as local streets, accidents can happen anywhere.
Common causes in Port Arthur:
- Distracted driving (texting, phone use)
- Speeding, especially on I-10
- Failure to yield at intersections like Highway 73 and 9th Avenue
- Drunk driving, particularly near entertainment districts
- Running red lights or stop signs
- Following too closely
- Weather conditions (rain, fog)
Common injuries:
- Whiplash and soft tissue injuries
- Herniated discs
- Broken bones and fractures
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Internal organ damage
Case example: In a recent case, our client’s leg was injured in a car accident on Highway 73. During treatment, staff infections developed, and doctors had no choice but to perform a partial amputation. The insurance company initially offered just $50,000, claiming the amputation was a “medical complication” not related to the accident. We brought in medical experts who proved the amputation was a direct result of the accident injuries. We documented lifetime prosthetic costs, lost earning capacity, and the profound impact on our client’s daily life. The case ultimately settled in the millions.
What our clients say:
“I was rear-ended and the team got right to work…I also got a very nice settlement.” – MONGO SLADE
“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles
If you’ve been injured in a car accident in Port Arthur, call 1-888-ATTY-911 today. We don’t get paid unless we win your case.
18-Wheeler/Trucking Accidents
Port Arthur’s location near major highways and industrial areas means we see many trucking accidents. These accidents are often catastrophic due to the size and weight of commercial trucks.
Statistics:
- Texas has 11% of ALL fatal truck crashes nationwide
- In 2024, Texas had 39,393 commercial motor vehicle crashes
- 608 trucking fatalities and 1,601 serious injuries in Texas
- 549 fatal truck accidents resulted in 620 deaths
Why trucking accidents are more complex:
- Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
- Higher insurance limits ($750,000 to $5,000,000+ policies)
- Federal regulations (FMCSA)
- Electronic Logging Device (ELD) data
- Black box data
Federal Motor Carrier Safety Regulations (FMCSA):
- Hours of Service (HOS): Max 11 hours driving after 10 hours off-duty
- Cannot drive past 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70-hour weekly limits
- ELDs mandatory since 2017
Why you need an experienced trucking attorney:
Trucking companies and their insurance carriers have teams of lawyers ready to defend against your claim. They know how to hide or destroy evidence, blame the victim, and minimize payouts. At Attorney911, we know their tactics because Lupe Peña used to work for them.
Case example: We recently helped a family who lost a loved one in a trucking-related wrongful death case. The truck driver had violated multiple FMCSA regulations, including exceeding hours of service limits. We recovered millions of dollars in compensation for the family.
Nuclear verdicts in trucking cases:
- 2024 Oncor Electric: $37.5 million verdict (distracted truck driver)
- 2024 New Prime I-35 pileup: $44.1 million verdict (6 deaths)
- 2024 Ben E. Keith (Fort Worth): $35 million settlement (largest in Fort Worth history)
If you or a loved one has been injured in a trucking accident in Port Arthur, call 1-888-ATTY-911 immediately. Evidence like ELD data can be overwritten in as little as 30 days.
Drunk Driving Accidents
Drunk driving accidents are completely preventable, yet they continue to devastate families in Port Arthur and throughout Texas. In 2024, alcohol-impaired driving caused 1,053 deaths in Texas—25.37% of all traffic fatalities.
Texas Dram Shop Law (TABC § 2.02):
Bars, restaurants, and other 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
Potentially liable parties:
- Bars and nightclubs
- Restaurants serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Social hosts (limited circumstances)
Why drunk driving cases often result in higher settlements:
- Punitive damages are available for gross negligence
- Multiple defendants (driver + bar/restaurant)
- Criminal case can strengthen civil case
- Insurance companies have less sympathy for drunk drivers
Attorney911’s criminal defense advantage:
Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA). We understand both the criminal and civil aspects of drunk driving cases. In fact, we’ve had three DWI cases dismissed due to our thorough investigations:
- A client charged with drunk driving based on a breath test. Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines. The charges were dismissed.
- A client who drove home at 2:30 a.m., hit a curb, and rolled his car, injuring a passenger. We learned that police conducted no breath or blood test, EMS didn’t note intoxication, and nurse notes from the hospital were missing. The case was dismissed on the day of trial.
- A client charged with DUI/DWI where the state’s primary evidence was a video field sobriety test. We succeeded in having the case dismissed because our client did not appear drunk in the video.
If you or a loved one has been injured by a drunk driver in Port Arthur, call 1-888-ATTY-911. We’ll investigate every angle, including dram shop liability.
Motorcycle Accidents
Motorcycle accidents often result in catastrophic injuries due to the lack of protection for riders. In 2024, Texas saw 585 motorcyclist fatalities, with 37% of those killed not wearing helmets.
Texas helmet law:
- Required for all riders under 21
- Riders 21+ exempt if they’ve completed a safety course OR have $10,000+ medical insurance
Common causes of motorcycle accidents in Port Arthur:
- 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 blame motorcyclists:
Texas’s 51% comparative fault rule is particularly dangerous for motorcyclists. Insurance companies will try to blame the rider to reduce their payout. Common arguments include:
- “You were speeding”
- “You weren’t wearing a helmet” (even if not required)
- “You should have seen the car”
- “You were lane splitting” (illegal in Texas)
How we counter these arguments:
Lupe Peña made these arguments for years when he worked for insurance companies. Now, he knows how to defeat them. We gather evidence to prove the other driver’s fault, including:
- Accident reconstruction
- Witness statements
- Police reports
- Surveillance footage
If you’ve been injured in a motorcycle accident in Port Arthur, don’t let the insurance company blame you. Call 1-888-ATTY-911 today.
Pedestrian Accidents
Pedestrians are the most vulnerable road users. In 2024, Texas saw 6,095 pedestrian crashes, resulting in 768 fatalities. Pedestrians account for just 1% of crashes but 19% of all roadway deaths.
Critical legal point in Texas:
Pedestrians ALWAYS have the right-of-way at intersections—even at unmarked crosswalks. Many drivers don’t know this. The distance between two intersecting streets is considered a crosswalk, even if it’s not marked.
Common pedestrian accident locations in Port Arthur:
- Busy intersections like Highway 73 and 9th Avenue
- Crosswalks near schools and parks
- Parking lots and garages
- Areas with poor lighting
- Near bars and restaurants (especially late at night)
Common injuries:
- Traumatic brain injuries
- Spinal cord injuries
- Broken pelvis and legs
- Internal organ damage
- Fatalities
Case example: We recently helped a pedestrian who was struck while crossing the street in Port Arthur. The driver claimed our client “came out of nowhere,” but we obtained surveillance footage showing the driver was distracted. Our client suffered multiple fractures and a traumatic brain injury. We recovered a significant settlement to cover medical expenses and lost wages.
If you’ve been injured as a pedestrian in Port Arthur, call 1-888-ATTY-911. You have rights, and we’ll fight to protect them.
Rideshare Accidents (Uber/Lyft)
Rideshare services like Uber and Lyft have transformed transportation in Port Arthur, but they’ve also created a complex insurance maze when accidents occur.
Rideshare insurance phases:
| Phase | Driver Status | Coverage Available |
|---|---|---|
| 0 – Offline | App off, personal use | Personal insurance only (Texas minimum: $30,000/$60,000/$25,000) |
| 1 – Waiting | App on, no ride request | Contingent coverage: $50,000/$100,000/$25,000 |
| 2 – Accepted | Ride accepted, en route to pickup | Full commercial: $1,000,000 liability |
| 3 – Transporting | Passenger in vehicle | Full commercial: $1,000,000 liability |
Who can be injured in rideshare accidents:
- 21% Riders
- 21% Drivers
- 58% Third parties (other drivers, pedestrians, passengers in other vehicles)
Why rideshare accidents are complex:
The insurance coverage varies dramatically based on what the driver was doing at the moment of the crash. This is critical for your recovery. Lupe Peña’s insurance expertise helps navigate this complexity.
Case example: We recently helped a client who was injured as a passenger in an Uber. The driver was in Phase 3 (transporting a passenger) when the accident occurred, so the full $1,000,000 commercial policy was available. We recovered compensation for our client’s medical expenses and lost wages.
If you’ve been injured in a rideshare accident in Port Arthur, call 1-888-ATTY-911. We know how to navigate the complex insurance landscape.
Hit and Run Accidents
Hit and run accidents are particularly frustrating because the at-fault driver flees the scene, leaving you injured and confused. In Texas, hit and run is a serious crime with severe penalties:
| 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 after a hit and run in Port Arthur:
- Call 911 and report the accident
- Seek medical attention if injured
- Document everything (photos, witness information)
- Call Attorney911 at 1-888-ATTY-911 immediately
UM/UIM coverage is critical:
Your Uninsured/Underinsured Motorist (UM/UIM) coverage can compensate you when the at-fault driver is unidentified. Texas allows inter-policy stacking, which means you can combine coverage from multiple vehicles on your policy.
Evidence urgency:
- Surveillance footage is typically deleted within 7-30 days
- Witness memories fade quickly
- The sooner you call us, the sooner we can send preservation letters to nearby businesses
If you’ve been the victim of a hit and run in Port Arthur, call 1-888-ATTY-911 now. Time is critical.
Delivery Vehicle Accidents (Amazon, FedEx, UPS)
With the rise of online shopping, delivery vehicle accidents have become increasingly common in Port Arthur. These accidents can be particularly complex due to the involvement of multiple parties and higher insurance limits.
Key delivery vehicle verdicts:
- 2024 Georgia child struck: $16.2 million (Amazon 85% responsible)
- 2024 Lopez v. All Points 360: $105 million (Amazon DSP)
- Grubhub wrongful death lawsuit (Arizona): Driver distracted by app
Amazon DSP (Delivery Service Partner) liability:
- DSPs contractually required to “defend and indemnify” Amazon
- Higher safety violation rate than average motor carriers
- 1,879 crashes involving Amazon-related motor carriers in 24 months ending August 2025
Why delivery vehicle accidents often result in higher settlements:
- Trucks are 3x the size and weight of passenger cars, leading to more severe injuries
- $1,000,000+ liability insurance policies are often required
- Juries have no sympathy for corporate defendants
- Business models often encourage dangerous behavior
If you’ve been injured by a delivery vehicle in Port Arthur, call 1-888-ATTY-911. We know how to hold these companies accountable.
Tesla/Autopilot and Electric Vehicle Accidents
As electric vehicles become more common in Port Arthur, we’re seeing an increase in accidents involving these advanced vehicles. Tesla’s Autopilot and Full Self-Driving (FSD) systems have been involved in several high-profile crashes.
Notable Tesla/Autopilot crashes:
- May 2016, Williston FL: Joshua Brown killed when Autopilot failed to detect a white 18-wheeler
- March 2018, Mountain View CA: Apple engineer Walter Huang killed (settled April 2024)
- Dec 2024, California: Genesis Mendoza killed (active lawsuit)
- Aug 2025, Miami FL: $240 million+ jury verdict against Tesla (landmark)
Key liability arguments in Tesla cases:
- Tesla marketed FSD/Autopilot as safer than human drivers (mischaracterization)
- Marketing fostered driver overconfidence (overreliance)
- Tesla knew the system couldn’t detect emergency vehicles (known defects)
- Tesla used over-the-air software updates instead of comprehensive fixes (inadequate recall)
NHTSA data on Tesla:
- Tesla Autopilot accounts for 70% of driver-assist crashes reported to NHTSA
- Dec 2023: Tesla recalled 2+ million vehicles for Autopilot issues
If you’ve been injured in an accident involving a Tesla or other electric vehicle in Port Arthur, call 1-888-ATTY-911. These cases require specialized knowledge.
E-Bike and E-Scooter Accidents
E-bikes and e-scooters have become popular in Port Arthur, but they come with unique risks. Texas law classifies e-bikes into three categories:
| Class | Max Speed | Throttle | Pedal Assist |
|---|---|---|---|
| Class 1 | 20 mph | No | Yes |
| Class 2 | 20 mph | Yes | Yes |
| Class 3 | 28 mph | No | Yes |
Legal requirements in Texas:
- No license required for standard e-bikes
- No registration required
- Motor limit: 750W (1 horsepower) or less
- Speed limit: 28 mph maximum assisted speed
- No statewide helmet requirement (some cities require for riders under 17)
If e-bike exceeds standards:
- Motor over 750W, speed over 28 mph, or throttle on Class 3 = NOT an “electric bicycle” under Texas law
- May require registration as a motor vehicle
- Different insurance and liability implications
Liability in e-bike accidents:
- Motorists who strike e-bike riders
- E-bike manufacturers (product defects – battery fires, brake failures)
- Pedestrians struck by e-bikes
- Property owners (premises liability for poorly maintained paths)
If you’ve been injured in an e-bike or e-scooter accident in Port Arthur, call 1-888-ATTY-911. We understand the unique legal issues involved.
Bus Accidents
Bus accidents can involve multiple victims and complex liability issues. In 2024, Texas led all states with 1,110 bus accidents, resulting in 17 fatal crashes and 549 injury crashes.
Statistics:
- 2,523 school bus crashes in Texas (2023)
- 11 school bus deaths
- 63 serious injuries
- 10,000+ students injured in the 2021-22 school year
Liable parties in bus accidents:
- Driver (fatigue, distraction, impairment)
- Bus operator/company (inadequate training, negligent maintenance)
- Manufacturer (brake, tire, or safety equipment defects)
- Other drivers (third-party vehicles)
- Government entities (poor signage, road defects) – SPECIAL NOTICE REQUIREMENTS
If you or a loved one has been injured in a bus accident in Port Arthur, call 1-888-ATTY-911. These cases require immediate action due to special notice requirements for government claims.
Construction Zone Accidents
Construction zones are particularly dangerous areas for accidents. In 2024, Texas saw nearly 28,000 crashes in work zones, resulting in 215 deaths—a 12% increase over the previous year.
Statistics:
- 60% of highway contractors reported crashes into work zones (2025 survey)
- 43% of contractors reported worker injuries from work zone crashes (2025 survey)
Real case example:
Katrina Bond, a college student, slowed for work zone traffic on I-35 near Fort Worth. The driver of a heavy pickup (who admitted to receiving a text message) rear-ended her. The force pushed her car into the path of another truck, resulting in her death.
If you’ve been injured in a construction zone accident in Port Arthur, call 1-888-ATTY-911. These cases often involve multiple liable parties, including construction companies and government entities.
Texas Motor Vehicle Law: What You Need to Know
Understanding Texas law is crucial to protecting your rights after an accident. Here are the key legal concepts you should know:
Statute of Limitations
In Texas, you have a limited time to file a lawsuit after an accident:
| Claim Type | Time Limit | Starts From |
|---|---|---|
| Personal Injury | 2 years | Date of accident |
| Wrongful Death | 2 years | Date of death |
| Property Damage | 2 years | Date of damage |
| Government Claims | 6 months notice | Date of incident |
Exceptions:
- Discovery Rule: The statute of limitations may start later if the injury or its cause wasn’t immediately discoverable
- Defendant Absence: The clock stops if the defendant leaves Texas
- Mental Incapacity: The clock stops during incapacity
CRITICAL: If you miss the deadline, your case is barred forever. You cannot extend or waive the statute of limitations.
Comparative Negligence (51% Bar Rule)
Texas uses a modified comparative negligence system:
- 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 recover NOTHING
Examples:
| Your Fault % | Case Value | Your Recovery |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 10% | $100,000 | $90,000 |
| 25% | $250,000 | $187,500 |
| 40% | $500,000 | $300,000 |
| 50% | $500,000 | $250,000 |
| 51% | $500,000 | $0 |
Why this matters:
Insurance companies will try to assign you as much fault as possible to reduce their payment. Even small percentages of fault can cost you thousands of dollars. Lupe Peña’s experience as a former insurance defense attorney gives us an advantage in countering these arguments.
Texas Minimum Auto Insurance Requirements
Texas requires all drivers to carry minimum insurance coverage:
| Coverage | Minimum Required |
|---|---|
| Bodily Injury – Per Person | $30,000 |
| Bodily Injury – Per Accident | $60,000 |
| Property Damage – Per Accident | $25,000 |
Uninsured Motorist Statistics:
- 15.4% of U.S. motorists are uninsured (approximately 1 in 7 drivers)
- UM/UIM coverage is critical for protection
- Texas allows inter-policy stacking
Dram Shop Liability
Texas Alcoholic Beverage Code § 2.02 allows you to sue establishments that serve alcohol to obviously intoxicated individuals who later cause accidents.
Elements to prove:
- The establishment served alcohol to someone who was obviously intoxicated
- The over-service was the proximate cause of the accident and damages
Signs of obvious intoxication:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Impaired coordination
- Aggressive or erratic behavior
- Strong odor of alcohol
Potentially liable parties:
- Bars and nightclubs
- Restaurants serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Social hosts (limited circumstances)
Why Choose Attorney911 for Your Port Arthur Motor Vehicle Accident Case?
When you’re injured in a car accident in Port Arthur, you have many choices for legal representation. Here’s why Attorney911 stands out:
1. Insurance Defense Insider Advantage
Lupe Peña, our associate attorney, spent years working for a national defense firm, learning firsthand how large insurance companies value claims. He knows their tactics because he used them. Now, he uses that 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 knowledge is our most powerful advantage. We know:
- How insurance companies calculate claim values
- Which IME doctors they favor (Lupe hired them)
- How to counter their comparative fault arguments
- When their settlement offers are artificially low
- How to navigate the Colossus software system
2. Proven Results in Complex Cases
We don’t just talk about results—we have them. Our firm has recovered millions for clients facing serious injuries:
- Multi-million dollar settlement for a client who suffered brain injury with vision loss when a log dropped on him at a logging company
- In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions
- At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation
- In a recent case, our client injured his back while lifting cargo on a ship. Our investigation revealed that he should have been assisted in this duty, and we were able to reach a significant cash settlement
3. Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court experience is crucial for complex cases, especially those involving:
- Trucking accidents with interstate commerce
- Cases against large corporations
- Product liability claims (like defective vehicle parts)
- BP explosion litigation (our firm is one of the few in Texas involved in this complex litigation)
4. Personal Attention You Can Trust
At Attorney911, you’re not just another case number. As client Chad Harris said:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
We understand that you’re going through one of the most difficult times in your life. You’ll work directly with Ralph or Lupe, not just paralegals. Our team keeps you informed every step of the way.
Here’s what our clients say about our communication and care:
“Melanie was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.” – Brian Butchee
“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” – Stephanie Hernandez
“Leonor and Amanda were amazing, they walked me through everything with my car accident.” – Kelly Hunsicker
“Consistent communication and not one time did I call and not get a clear answer…Ralph reached out personally.” – Dame Haskett
5. No Fee Unless We Win
We work on a contingency fee basis—you pay nothing unless we win your case. This means:
- Free initial consultation
- No upfront costs
- No hourly fees
- We advance all case expenses
- You only pay if we recover compensation for you
Frequently Asked Questions About Motor Vehicle Accidents in Port Arthur
Immediate After Accident
1. What should I do immediately after a car accident in Port Arthur, Texas?
If you’ve been in an accident in Port Arthur:
- 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: 1-888-ATTY-911
2. Should I call the police even for a minor accident?
Yes. Always call police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000.
3. Should I seek medical attention if I don’t feel hurt?
ABSOLUTELY. Many serious injuries don’t show symptoms immediately:
- Traumatic brain injuries can take days to manifest
- Internal bleeding may not be obvious
- Herniated discs may not cause pain for weeks
- Adrenaline masks pain at the scene
Insurance companies use delays in treatment against you. Get checked immediately.
4. What information should I collect at the scene?
- Other driver: name, phone, address, driver’s license, insurance
- Vehicle: make, model, color, license plate
- Witnesses: names and phone numbers
- Photos: all vehicle damage, injuries, road conditions, traffic signals
- Police: officer name, badge number, report number
5. Should I talk to the other driver or admit fault?
- Exchange information only
- Do NOT discuss fault
- Do NOT apologize or say “I’m sorry” (can be used as admission)
- Do NOT give your opinion on what happened
- Stick to facts only
6. How do I obtain a copy of the accident report?
In Port Arthur, 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 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: 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 51%+ at fault, you recover NOTHING.
Watch our video: “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4
17. What happens if I was partially at fault?
You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.
18. Will my case go to trial?
Most cases settle before trial. But Attorney911 prepares every case AS IF it’s going to trial. That’s what gives us leverage.
Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc
19. How long will my case take to settle?
Depends on injury severity. We don’t settle until you’ve reached maximum medical improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.
20. What is the legal process step-by-step?
- Investigation and evidence gathering
- Medical treatment to MMI
- Demand letter to insurance
- Negotiation
- Lawsuit if necessary
- Discovery
- Mediation
- Trial if needed
Watch our video: “What Is the Process for a Personal Injury Claim?” at https://www.youtube.com/watch?v=XwzYymneDVs
Compensation
21. What is my case worth?
Depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, insurance available. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).
22. What types of damages can I recover?
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of enjoyment of life
- Property damage
23. Can I get compensation for pain and suffering?
Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is NO CAP on pain and suffering (except medical malpractice).
24. What if I have a pre-existing condition?
You can still recover if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule.
25. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries is NOT taxable. Punitive damages ARE taxable. Consult a tax professional.
26. How is the value of my claim determined?
Based on: medical bills, future treatment costs, lost income, permanent impairment rating, comparable verdicts, severity of injuries, impact on daily life.
Attorney Relationship
27. How much do car accident lawyers cost?
Attorney911 works on contingency: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.
Watch our video: “How Do Contingency Fees Work?” at https://www.youtube.com/watch?v=upcI_j6F7Nc
28. What does “no fee unless we win” mean?
You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.
29. How often will I get updates?
Attorney911 provides regular updates. As client Dame Haskett said: “Consistent communication and not one time did I call and not get a clear answer.”
30. Who will actually handle my case?
At Attorney911, you work directly with Ralph Manginello and Lupe Peña, not just paralegals. As Chad Harris said: “You are NOT just some client…You are FAMILY to them.”
31. What if I already hired another attorney?
You can switch. As client Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
Mistakes to Avoid
32. What common mistakes can hurt my case?
- Giving 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.
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. “Eggshell plaintiff” rule: Defendant takes victim as they find them.
Example: You had mild occasional back pain. 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—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.
Port Arthur-Specific Resources
At Attorney911, we understand the unique challenges faced by Port Arthur residents after motor vehicle accidents. Here are some local resources that may be helpful:
Local Hospitals and Trauma Centers
- Christus Southeast Texas – St. Mary Hospital: 3600 Gates Blvd, Port Arthur, TX 77642
- Christus Southeast Texas – St. Elizabeth Hospital: 2830 Calder Ave, Beaumont, TX 77702 (Level III Trauma Center)
- Memorial Hermann Baptist Hospital: 3080 College St, Beaumont, TX 77701
- UTMB Health: 301 University Blvd, Galveston, TX 77555 (Level I Trauma Center – about 1 hour from Port Arthur)
Local Courts
- Jefferson County District Courts: 1085 Pearl St, Beaumont, TX 77701
- Jefferson County Courts at Law: 1085 Pearl St, Beaumont, TX 77701
- Port Arthur Municipal Court: 444 4th St, Port Arthur, TX 77640
Local Law Enforcement
- Port Arthur Police Department: 645 4th St, Port Arthur, TX 77640
- Jefferson County Sheriff’s Office: 1001 Pearl St, Beaumont, TX 77701
- Texas Department of Public Safety – Port Arthur: 3801 32nd St, Port Arthur, TX 77642
Local Support Services
- Port Arthur Chamber of Commerce: 4749 Twin City Hwy, Port Arthur, TX 77642
- Workforce Solutions Southeast Texas: 400 Lakeshore Dr, Port Arthur, TX 77640 (for employment assistance)
- United Way of Mid & South Jefferson County: 3210 Gulfway Dr, Port Arthur, TX 77642
Contact Attorney911 Today
If you or a loved one has been injured in a motor vehicle accident in Port Arthur, Texas, don’t wait to get the help you need. Evidence disappears daily, and the insurance company is already building their case against you.
Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for a free consultation. We don’t get paid unless we win your case.
Our offices serve Port Arthur and all of Southeast Texas:
- Beaumont Office: Serving Jefferson, Orange, and Hardin Counties
- Houston Office: Serving Harris, Montgomery, Fort Bend, Brazoria, and Galveston Counties
Hablamos Español. Se habla español—Lupe Peña and our team are ready to help Spanish-speaking clients.
Don’t face this alone. Call 1-888-ATTY-911 today. We’re here to fight for you.

