Motor Vehicle Accidents in Aransas Pass, Texas: Your Complete Legal Guide
If you’ve been injured in a car accident in Aransas Pass, Texas, you’re not alone. The Coastal Bend region sees thousands of motor vehicle crashes each year, from highway collisions on Highway 35 to accidents on local roads like Cotter Avenue. At Attorney911, we understand the physical, emotional, and financial toll these accidents take on victims and their families.
Our team, led by Ralph Manginello with over 25 years of experience, has helped countless Aransas Pass residents navigate the complex legal landscape after serious accidents. We know the local courts, the insurance adjusters who handle claims in this area, and the unique challenges faced by victims in Nueces County.
Why Aransas Pass Accidents Require Local Expertise
Aransas Pass presents unique traffic patterns and accident risks:
- Highway 35 Corridor: This major thoroughfare connecting Corpus Christi to Rockport sees heavy truck traffic, increasing the risk of serious collisions
- Port of Aransas: Commercial vehicle traffic from the port creates additional hazards
- Tourist Season: Increased traffic during peak seasons (spring break, summer) leads to more accidents
- Weather Conditions: Coastal weather patterns, including sudden storms and fog, contribute to accident risks
In 2024 alone, Texas saw 251,977 people injured in motor vehicle crashes – that’s one person injured every 2 minutes and 5 seconds. In Nueces County, we’ve seen our share of these accidents, and we’re here to help when they happen to you.
The Attorney911 Difference: Insurance Defense Insider Knowledge
What sets our firm apart is our unique perspective on insurance company tactics. Lupe Peña, our associate attorney, spent years working for a national defense firm, learning firsthand how large insurance companies value claims. This insider knowledge gives our clients a significant advantage:
“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.”
This experience allows us to anticipate and counter insurance company strategies before they’re deployed against you.
Common Types of Motor Vehicle Accidents in Aransas Pass
Car Accidents (Our Most Common Case Type)
Car accidents are the most frequent type of motor vehicle collision we handle in Aransas Pass. These can range from minor fender-benders to catastrophic crashes resulting in life-altering injuries.
Common Causes in Aransas Pass:
- Distracted driving (especially along Highway 35)
- Speeding through residential areas like Key Allegro
- Failure to yield at intersections (common at Cotter Avenue and Main Street)
- Running red lights (particularly problematic in downtown areas)
- Following too closely on congested roads
- Driving under the influence (a significant issue in tourist areas)
Common Injuries:
- Whiplash and soft tissue injuries
- Herniated discs (particularly common in rear-end collisions)
- Broken bones and fractures
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Internal organ damage
- Psychological trauma and PTSD
Aransas Pass Case Example:
“In a recent case, our client’s leg was injured in a car accident on Highway 35. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
What This Means for You:
If you’ve been injured in a car accident in Aransas Pass, don’t assume your injuries are minor. Many serious conditions, including traumatic brain injuries, may not show symptoms immediately. Our team can help document your injuries and fight for the compensation you deserve.
Client Testimonial:
“Leonor got me into the doctor the same day after my accident on Cotter Avenue. It only took 6 months to resolve my case—amazing!” – Chavodrian M.
18-Wheeler and Trucking Accidents
Aransas Pass sees significant commercial truck traffic due to its location along Highway 35 and proximity to the Port of Aransas. These accidents often result in catastrophic injuries due to the size and weight disparity between trucks and passenger vehicles.
Texas Trucking Statistics (2024):
- 39,393 commercial motor vehicle crashes in Texas
- 608 trucking fatalities
- 1,601 serious injuries
- Texas accounts for 11% of ALL fatal truck crashes nationwide
Why Trucking Accidents Are More Complex:
- Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
- Federal regulations (FMCSA) govern trucking operations
- Higher insurance limits ($750,000 – $5,000,000+ policies)
- Critical evidence (ELD data, driver logs) that can be lost if not preserved quickly
Federal Regulations We Monitor:
- Hours of Service (HOS) rules limiting driving time
- Electronic Logging Device (ELD) requirements
- Drug and alcohol testing protocols
- Vehicle maintenance standards
- Driver qualification requirements
Attorney911’s Trucking Case Results:
“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.”
Why This Matters for Aransas Pass Residents:
With Ralph Manginello’s federal court admission to the U.S. District Court, Southern District of Texas, we’re uniquely positioned to handle complex trucking cases that may end up in federal court. This is particularly important for Aransas Pass, given the significant commercial traffic in the area.
Drunk Driving Accidents
Drunk driving remains a serious problem in Texas, including in Aransas Pass. These preventable accidents often result in severe injuries and fatalities.
Texas Drunk Driving Statistics (2024):
- 1,053 alcohol-impaired driving deaths (25.37% of all traffic fatalities)
- Over 24,000 DWI-related crashes
- One death every 39 minutes nationally from alcohol-impaired driving
Legal Options After a Drunk Driving Accident:
- Claim Against the Driver: Standard personal injury claim
- Dram Shop Claim: Against the establishment that served the intoxicated driver
- Punitive Damages: Additional compensation for gross negligence
Dram Shop Liability in Texas (TABC § 2.02):
Texas law allows victims to sue bars, restaurants, and other establishments that serve alcohol to obviously intoxicated individuals who then cause accidents. This is particularly relevant in Aransas Pass, where establishments serving alcohol to tourists and locals may over-serve patrons.
Signs of Obvious Intoxication:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Impaired coordination
- Aggressive or erratic behavior
- Strong odor of alcohol
Attorney911’s Criminal Defense Advantage:
Our firm’s membership in the Harris County Criminal Lawyers Association (HCCLA) gives us unique insight into DWI cases. We’ve successfully handled DWI defense cases, including:
- A case dismissed when we proved the breathalyzer machine was improperly maintained
- A case dismissed on the day of trial when we showed no breath or blood test was conducted
- A case dismissed when video evidence showed our client wasn’t drunk
This experience helps us build stronger civil cases after drunk driving accidents.
Motorcycle Accidents
Motorcycle accidents often result in severe injuries due to the lack of protection for riders. In Texas, motorcyclists face unique legal challenges, particularly regarding comparative negligence.
Texas Motorcycle Statistics (2024):
- 585 motorcyclist fatalities
- 37% of fatalities involved riders not wearing helmets
- 90%+ of fatal victims are male
- Helmets reduce death risk by 37%
Texas Helmet Law:
- Required for all riders under 21
- Riders 21+ may ride without helmet if they’ve completed a safety course OR have $10,000+ in medical insurance
Common Causes of Motorcycle Accidents in Aransas Pass:
- Failure to yield right of way (most common)
- Driver inattention or distraction
- Unsafe lane changes
- Left-turn accidents (T-bone/head-on collisions)
- Speeding and reckless driving
The Comparative Negligence Challenge:
Texas uses the 51% bar rule for comparative negligence. This means:
- If you’re 50% or less at fault, you can recover damages (reduced by your percentage of fault)
- If you’re 51% or more at fault, you recover NOTHING
Insurance companies often try to blame motorcyclists for accidents. With Lupe Peña’s experience making these arguments for insurance companies, we know how to counter them effectively.
Pedestrian Accidents
Pedestrian accidents are particularly devastating, often resulting in severe injuries or fatalities. Aransas Pass has seen an increase in pedestrian accidents, particularly in areas with heavy foot traffic.
Texas Pedestrian Statistics (2024):
- 6,095 pedestrian crashes
- 768 pedestrian fatalities
- Pedestrians account for 1% of crashes but 19% of ALL roadway deaths
Critical Legal Point for Pedestrians:
In Texas, pedestrians ALWAYS have the right-of-way at intersections – even at unmarked crosswalks. This is a legal protection many drivers don’t know about.
Common Pedestrian Injury Types:
- Traumatic brain injuries
- Spinal cord injuries
- Broken pelvis and legs
- Internal organ damage
- Fatalities
Aransas Pass Pedestrian Danger Zones:
- Downtown Aransas Pass (Main Street and Cotter Avenue)
- School zones (H.G. Olsen Elementary, A.C. Blunt Middle School)
- Highway 35 crosswalks
- Parking lots (HEB, Walmart, local businesses)
Rideshare Accidents (Uber/Lyft)
Rideshare services have become increasingly popular in Aransas Pass, but they’ve also introduced new complexities in accident liability.
Rideshare Industry Statistics:
- 11 billion trips in the US since 2010
- 17.4 million Uber trips daily
- 118 million Uber users worldwide
Critical: Rideshare Insurance Phases
The insurance coverage available depends on what the driver was doing at the time of the accident:
| Phase | Driver Status | Coverage Available |
|---|---|---|
| 0 – Offline | App off, personal use | Personal insurance only ($30K/$60K/$25K minimum in Texas) |
| 1 – Waiting | App on, no ride request | $50K/$100K/$25K contingent coverage |
| 2 – Accepted | Ride accepted, en route to pickup | $1,000,000 liability coverage |
| 3 – Transporting | Passenger in vehicle | $1,000,000 liability coverage |
Who Can Be Injured in Rideshare Accidents:
- 21% Riders
- 21% Drivers
- 58% Third parties (other drivers, pedestrians, passengers in other vehicles)
Why This Matters for Aransas Pass Residents:
With Lupe Peña’s insurance defense background, we understand how to navigate the complex insurance landscape of rideshare accidents. We know how to identify the correct insurance coverage and maximize your recovery.
Hit and Run Accidents
Hit and run accidents are particularly frustrating because the at-fault driver flees the scene. In Texas, these are serious criminal offenses, but victims still have options for compensation.
Texas Hit and Run Penalties:
| Severity | Charge | Penalty |
|---|---|---|
| Death | 2nd Degree Felony | 2-20 years prison, up to $10K fine |
| Serious Bodily Injury | 3rd Degree Felony | 2-10 years prison, up to $10K fine |
| Minor Injury | State Jail Felony | Up to 5 years, up to $5K fine |
| Property Damage ≥$200 | Class B Misdemeanor | Up to 6 months jail, up to $2K fine |
Your Options After a Hit and Run:
- Uninsured Motorist (UM) Coverage: Your own policy can compensate you when the at-fault driver is unidentified
- Collision Coverage: Covers vehicle damage (with deductible)
- Medical Payments (MedPay): Covers medical expenses regardless of fault
Evidence Preservation is Critical:
- Surveillance footage is typically deleted within 7-30 days
- Witnesses may become unreachable quickly
- The sooner we start investigating, the better your chances of recovery
Attorney911’s Hit and Run Resources:
Watch our video on Uninsured and Underinsured Motorists: https://www.youtube.com/watch?v=kWcNFyb-Yq8
Boat and Maritime Accidents
Given Aransas Pass’s coastal location, boat and maritime accidents are a significant concern. These can occur on recreational boats, fishing vessels, or even commercial ships.
Attorney911’s Maritime Experience:
“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.”
Common Types of Maritime Accidents:
- Collisions between vessels
- Groundings (running aground)
- Falls overboard
- Dock accidents
- Equipment failures
- Fishing accidents
- Commercial vessel accidents
Unique Legal Aspects of Maritime Cases:
- Different laws apply (Jones Act, Longshore and Harbor Workers’ Compensation Act)
- Different deadlines and notice requirements
- Specialized insurance coverage
If You’ve Been Injured in a Boat Accident in Aransas Pass:
- Seek medical attention immediately
- Report the accident to the Coast Guard if required
- Document the scene and gather witness information
- Call Attorney911 at 1-888-ATTY-911 for specialized maritime legal assistance
What to Do Immediately After an Accident in Aransas Pass
The 48-Hour Evidence Preservation Protocol
The first 48 hours after an accident are critical for preserving evidence. Here’s what you should do:
Hour 1-6 (Immediate Crisis Response):
✅ Safety First: If you can move safely, get to a secure location away from traffic
✅ Call 911: Report the accident and request medical assistance if anyone is injured
✅ Medical Attention: Get checked even if you feel fine – adrenaline masks injuries
✅ Document Everything:
- Take photos of ALL vehicle damage (every angle)
- Photograph the accident scene, road conditions, traffic signals
- Take photos of visible injuries
- Screenshot any messages visible on your phone
✅ Exchange Information: - Other driver’s name, phone, address
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, color
✅ Witnesses: - Get names and phone numbers of any witnesses
- Ask if they saw what happened
- Record their statements if possible
✅ Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company
Hour 6-24 (Evidence Preservation):
✅ Digital Preservation:
- Preserve all texts, calls, photos, videos related to the accident
- Do NOT delete anything from your phone
- Screenshot everything relevant
- Email copies to yourself for backup
✅ Physical Evidence: - Secure damaged clothing, glasses, personal items
- Keep receipts for any expenses (towing, rental car, medications)
- Do NOT repair your vehicle yet – preserve the damage
✅ Medical Records: - Request copies of all ER/hospital records
- Keep all discharge paperwork
- Follow up with your primary care physician within 24-48 hours
✅ Insurance Communications: - Note any calls from insurance companies
- Do NOT give recorded statements yet
- Do NOT sign anything
- Do NOT accept any settlement offers
- Say: “I need to speak with my attorney first”
✅ Social Media: - Make ALL profiles private immediately
- Do NOT post about the accident
- Do NOT post photos of injuries or activities
- Tell friends/family not to tag you in posts
Hour 24-48 (Strategic Decisions):
✅ Legal Consultation:
- Speak with 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 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
Why Time is Critical
Evidence Deterioration Timeline:
| Timeframe | What Disappears |
|---|---|
| Day 1-7 | Witness memories fade, skid marks disappear, debris cleared |
| Day 7-30 | Surveillance footage deleted (gas stations: 7-14 days, retail: 30 days) |
| Month 1-2 | Insurance companies solidify their defense position against you |
| Month 2-6 | Trucking ELD/black box data can be overwritten (30-180 days) |
| Month 6-12 | Witnesses move, memories degrade, medical evidence harder to link |
| Month 12-24 | Approaching statute of limitations deadline creates pressure |
What Attorney911 Does Within 24 Hours of Retention:
We send preservation letters to:
- Other driver’s insurance company
- Trucking companies (for commercial vehicle accidents)
- Businesses near the scene (for surveillance footage)
- Employers (for employment records)
- Property owners (for security camera footage)
- Government entities (for traffic camera footage)
These letters LEGALLY REQUIRE evidence preservation before automatic deletion.
Texas Motor Vehicle Law: What Aransas Pass Victims Need to Know
Statute of Limitations
Texas Civil Practice & Remedies Code § 16.003
| Claim Type | Time Limit | Starts From |
|---|---|---|
| Personal Injury | 2 years | Date of accident |
| Wrongful Death | 2 years | Date of death |
| Property Damage | 2 years | Date of damage |
| Government Claims | 6 months notice | Date of incident |
| Minors | Tolled until 18 | Then 2 years |
Exceptions:
- Discovery Rule: SOL may start later if injury/cause wasn’t immediately discoverable
- Defendant Absence: Tolled if defendant leaves Texas
- Mental Incapacity: Tolled during incapacity
CRITICAL: Miss the deadline = case BARRED forever. Cannot be extended or waived.
Comparative Negligence (51% Bar Rule)
Texas uses modified comparative negligence with a 51% bar:
- If you are 50% or less at fault → You can recover damages (reduced by your % of fault)
- If you are 51% or more at fault → You recover NOTHING
Examples:
| Your Fault % | Case Value | Your Recovery |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 10% | $100,000 | $90,000 |
| 25% | $250,000 | $187,500 |
| 40% | $500,000 | $300,000 |
| 50% | $500,000 | $250,000 |
| 51% | $500,000 | $0 |
Why This Matters:
Insurance companies ALWAYS try to assign maximum fault to you to reduce their payment. Even small fault percentages cost you thousands:
- 10% fault on $100,000 case = $10,000 less for you
- 25% fault on $250,000 case = $62,500 less for you
- 40% fault on $500,000 case = $200,000 less for you
Lupe’s Experience Counters Their Arguments:
Having a former insurance defense attorney on our team means we know exactly how they calculate fault percentages and how to challenge their arguments.
Texas Minimum Auto Insurance (30/60/25)
| Coverage | Minimum Required |
|---|---|
| Bodily Injury – Per Person | $30,000 |
| Bodily Injury – Per Accident | $60,000 |
| Property Damage – Per Accident | $25,000 |
Uninsured Motorist Statistics:
- 15.4% of US motorists are uninsured (approximately 1 in 7 drivers)
- UM/UIM coverage is critical for protection
- Texas allows inter-policy stacking
Proving Liability: Building a Strong Case
To win your motor vehicle accident case in Texas, we must prove four elements of negligence:
1. Duty of Care
All drivers have a legal duty to operate their vehicles safely, including:
- Obeying traffic laws
- Maintaining proper lookout
- Controlling speed
- Commercial drivers have heightened duty under FMCSA regulations
2. Breach of Duty
The at-fault driver violated their duty of care through:
- Speeding
- Running a red light
- Texting while driving
- Driving under the influence
- Failing to yield
- Following too closely
3. Causation
The breach of duty DIRECTLY caused your injuries:
- “But for” test: But for the defendant’s actions, you would not have been injured
- Injuries must be foreseeable result of negligent conduct
4. Damages
You suffered actual harm that is:
- Quantifiable (medical bills, lost wages)
- Demonstrable (pain and suffering, emotional distress)
Evidence Types We Use to Prove Your Case
Physical Evidence:
- Vehicle damage photographs (all angles)
- Skid marks, debris, road damage
- Damaged personal property (clothing, glasses, phone)
- Weather and road conditions documentation
Documentary Evidence:
- Police accident report
- 911 call recordings
- Traffic camera footage
- Surveillance footage from nearby businesses
- Medical records and bills
- Employment records (for lost wages)
- Cell phone records (proving distraction)
Electronic Evidence:
- ELD (Electronic Logging Device) data from trucks
- Vehicle black box/EDR (Event Data Recorder)
- GPS/telematics data
- Dashcam footage
- Social media posts (theirs, not yours)
Testimonial Evidence:
- Witness statements
- Expert witness testimony
- Medical expert opinions
- Accident reconstruction specialists
Multiple Liable Parties
In many accidents, more than one party may be responsible:
Trucking Accidents:
- Truck driver (negligent operation)
- Trucking company (negligent hiring, supervision, maintenance)
- Cargo loader (improper loading causing instability)
- Vehicle manufacturer (defective parts)
- Maintenance company (improper repairs)
Rideshare Accidents:
- Rideshare driver
- Rideshare company (Uber/Lyft)
- Other at-fault drivers
- Vehicle owner (if different from driver)
Drunk Driving Accidents:
- Drunk driver
- Bar/restaurant (dram shop liability)
- Social host (limited circumstances)
- Liquor store (serving obviously intoxicated person)
More liable parties = more insurance policies = higher recovery potential.
Damages and Compensation: What You Can Recover
Types of Damages Available in Texas
Economic Damages (No Cap in Texas):
- Medical expenses (past and future)
- Lost wages and earning capacity
- Property damage
- Out-of-pocket expenses (transportation, home modifications, household help)
Non-Economic Damages (No Cap Except Medical Malpractice):
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of consortium (impact on marriage/family relationships)
- Loss of enjoyment of life
Punitive/Exemplary Damages (Capped):
- Available for gross negligence, fraud, or malice
- Drunk driving cases often qualify
- Cap: Greater of $200,000 OR (2x economic + 1x non-economic max $750,000)
- Purpose: Punish defendant and deter similar conduct
Settlement Ranges by Injury Type
Soft Tissue Injuries (Whiplash, Sprains, Strains):
- Medical Treatment: $6,000-$16,000
- Lost Wages: $2,000-$10,000
- Pain & Suffering: $8,000-$35,000
- Settlement Range: $15,000-$60,000
Broken Bone (Single, Simple Fracture):
- Medical Treatment: $10,000-$20,000
- Lost Wages: $5,000-$15,000
- Pain & Suffering: $20,000-$60,000
- Settlement Range: $35,000-$95,000
Broken Bone (Requiring Surgery – ORIF):
- Medical Treatment: $47,000-$98,000
- Lost Wages: $10,000-$30,000
- Pain & Suffering: $75,000-$200,000
- Settlement Range: $132,000-$328,000
Herniated Disc (Conservative Treatment):
- Medical Treatment: $22,000-$46,000
- Lost Wages: $8,000-$25,000
- Pain & Suffering: $40,000-$100,000
- Settlement Range: $70,000-$171,000
Herniated Disc (Surgery Required):
- Total Past Medical: $96,000-$205,000
- Future Medical: $30,000-$100,000
- Lost Wages: $20,000-$50,000
- Lost Earning Capacity: $50,000-$400,000
- Pain & Suffering: $150,000-$450,000
- Settlement Range: $346,000-$1,205,000
Traumatic Brain Injury (Moderate to Severe):
- Total Past Medical: $198,000-$638,000
- Future Medical (Life Care Plan): $300,000-$3,000,000+
- Lost Wages: $50,000-$200,000
- Lost Earning Capacity: $500,000-$3,000,000+
- Pain & Suffering: $500,000-$3,000,000+
- Settlement Range: $1,548,000-$9,838,000
Attorney911 Documented 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 / Paralysis:
- High Tetraplegia (C1-C4): $6,000,000-$13,000,000+ lifetime costs
- Low Tetraplegia (C5-C8): $3,700,000-$6,100,000+ lifetime costs
- Paraplegia (T1-L5): $2,500,000-$5,250,000+ lifetime costs
- Settlement Range: $4,770,000-$25,880,000
Amputation:
- Past Medical: $170,000-$480,000
- Future Medical (Lifetime Prosthetics): $500,000-$2,000,000
- Lost Wages: $20,000-$50,000
- Lost Earning Capacity: $200,000-$1,000,000
- Pain & Suffering: $1,000,000-$5,000,000
- Settlement Range: $1,945,000-$8,630,000
Attorney911 Documented 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.”
Wrongful Death (Working Age Adult):
- Funeral and burial: $10,000-$20,000
- Medical expenses before death: $50,000-$500,000
- Lost financial support to family: $1,000,000-$4,000,000
- Loss of companionship: $500,000-$3,000,000
- Mental anguish: $250,000-$1,500,000
- Settlement Range: $1,910,000-$9,520,000
Attorney911 Documented 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.”
Insurance Tactics: How They Try to Minimize Your Claim
Insurance companies use sophisticated tactics to reduce or deny your claim. With Lupe Peña’s experience working for insurance companies, we know their playbook and how to counter it.
Tactic #1: Quick Contact & Recorded Statement Trap
What They Do:
Within hours or days of your accident, an insurance adjuster will contact you, often while you’re:
- Still in the hospital
- On pain medication
- Confused about what happened
- Scared about your future
They’ll act friendly and helpful:
- “We just want to help you”
- “We need to get your side of the story”
- “This is routine, everyone does this”
- “It’ll only take a few minutes”
What They’re Really Doing:
They’re building their defense against you with leading questions:
| Question They Ask | What They Want You to Say |
|---|---|
| “You’re feeling better now though, right?” | Trap you into saying you’re improving |
| “It wasn’t that bad of an impact, was it?” | Minimize collision severity |
| “You were able to walk away from the scene?” | Suggest injuries aren’t serious |
| “Were you distracted at all?” | Get you to admit distraction |
| “How fast were you going?” | Hope you overestimate or say “I don’t know” |
The Truth:
- You are NOT required to give a recorded statement to the other driver’s insurance
- Giving a statement without an attorney ALMOST ALWAYS hurts your case
- Insurance companies know this – that’s why they push so hard
How Attorney911 Counters:
- We advise you NOT to give recorded statements without us
- Once you hire us, we become your voice
- All calls go through us
- We prepare you properly if a statement becomes necessary
- We know their questions because Lupe asked them for years
Tactic #2: Quick Settlement Offer Trap
What They Do:
Within days or weeks of your accident, the insurance company will offer quick money:
- Typical offers: $2,000-$5,000
- Sometimes $10,000-$15,000 if they’re scared
- Sounds good when you have zero money and mounting bills
They Create Artificial Urgency:
- “This offer expires in 48 hours”
- “I can only get approval for this amount right now”
- “Take it or leave it”
- “This is our final offer” (it’s not)
The Trap:
You don’t know the extent of your injuries yet. Consider this scenario:
| What Happens | Result |
|---|---|
| Day 3: Insurance offers $3,500 “final settlement” | You’re desperate, in pain, scared |
| You sign the release | You think it’s over |
| Week 6: MRI shows herniated disc requiring surgery | Surgery costs $100,000 |
| TOO LATE | You signed release, can’t reopen claim |
| You pay $100,000 out of pocket | Insurance pays nothing more |
RELEASE IS PERMANENT AND FINAL.
How Attorney911 Counters:
- We NEVER settle before you’ve reached Maximum Medical Improvement (MMI)
- MMI is when you’re as good as you’re going to get medically
- This could be 6 months, 12 months, or 24+ months depending on your injuries
- We know early offers are ALWAYS lowball offers
- Lupe calculated these lowball offers for years – he KNOWS they’re offering 10-20% of true value
Tactic #3: “Independent” Medical Exam (IME) Scheme
What They Call It:
“Independent Medical Examination” (IME)
What It Really Is:
An insurance company-hired doctor whose job is to minimize your injuries.
How Insurance Companies Choose IME Doctors:
They select doctors based on:
- Who gives insurance-favorable reports (NOT who’s most qualified)
- Doctors who consistently find “no injury” or “pre-existing condition”
- Doctors paid THOUSANDS by insurance companies ($2,000-$5,000 per exam)
- Repeat business = repeat favorable reports
What Happens at an IME:
- 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation)
- Rarely review your complete medical records beforehand
- Ask questions designed to elicit “I’m feeling better” responses
- Look for ANY reason to minimize injuries
Common IME Doctor Findings:
| What They Say | What It Means |
|---|---|
| “Patient has pre-existing degenerative changes” | Everyone over 40 has some arthritis – used to deny claims |
| “Injuries consistent with minor trauma” | Minimizes your pain and suffering |
| “Patient can return to full duty work” | Eliminates lost wage claims |
| “Treatment has been excessive” | Attacks your treating doctors |
| “Subjective complaints out of proportion to objective findings” | Medical speak for calling you a LIAR |
How Attorney911 Counters:
- We prepare you extensively before the exam
- We send complete medical records to the IME doctor first (forcing review)
- We challenge biased IME reports with our own medical experts
- Lupe knows these specific doctors and their biases – he hired them for years
Tactic #4: Delay and Financial Pressure
What Insurance Companies Do:
They drag your case out, hoping you’ll get desperate:
- “Still investigating your claim”
- “Waiting for medical records” (that we sent months ago)
- “Reviewing your file”
- “Need additional information”
- Ignore calls and emails
- Take weeks to respond to simple questions
Why Delay Works (On People Without Attorneys):
Insurance Companies Have:
- Unlimited time
- Unlimited resources
- No financial pressure
- Earning interest on YOUR settlement money while delaying
You Have:
- Mounting bills
- Zero income
- Creditors threatening
- Need money NOW
Financial Desperation Makes You Accept Less:
- Month 1: You’d reject a $5,000 offer
- Month 6: You’d seriously consider $5,000
- Month 12: You’d BEG for $5,000 just to end the nightmare
How Attorney911 Counters:
- We file a lawsuit to force deadlines
- We set depositions, forcing them to produce witnesses
- We prepare for trial, showing we’re serious
- Lupe understands delay tactics because he used them – knows when to push
Tactic #5: Surveillance and Social Media Monitoring
What Insurance Companies Do:
They hire private investigators to:
- Video you doing daily activities
- Film from public places (your driveway, street, stores)
- Follow you to appointments, errands, social activities
- Look for ANY activity that contradicts your injury claims
- One video of you bending over = “Not really injured”
They Monitor ALL Your Social Media:
- Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
- Screenshot EVERYTHING: photos, posts, check-ins, comments, likes
- Monitor your friends’ profiles for posts mentioning you
- Use facial recognition to find photos you’re tagged in
- Archive your entire social media history
Examples We’ve Defended Against:
| Example | What Happened | Insurance Claimed | Reality |
|---|---|---|---|
| Old Photo | Gym photo from 3 YEARS AGO | Presented as recent, contradicts injury | We proved metadata was pre-accident |
| Restaurant Check-in | Facebook check-in at restaurant | “Partying and having fun” | Sitting quietly having dinner |
| Friend’s Comment | Friend posted “Had fun yesterday!” | Evidence of non-injury | Client was resting at home |
| Walking Dog | Video of client walking dog slowly | “Not disabled” | Doctor RECOMMENDED short walks |
| Smiling in Photo | Family photo smiling | “Not in pain – she’s smiling!” | Everyone smiles for photos |
7 Rules for Clients:
- Make ALL profiles private immediately
- DON’T post about the accident, injuries, activities, or emotions
- DON’T check in anywhere
- Tell friends/family: don’t tag, don’t post about you
- Don’t accept friend requests from strangers (fake profiles)
- BEST: Stay off social media entirely during your case
- Assume EVERYTHING is being monitored
Lupe’s Insider Quote:
“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.”
Tactic #6: Comparative Fault Arguments
What Insurance Companies 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 $100,000 case = $10,000 less for you
- 25% fault on $250,000 case = $62,500 less for you
- 40% fault on $500,000 case = $200,000 less for you
How Attorney911 Counters:
- Aggressive liability investigation
- Accident reconstruction proving the other driver’s fault
- Witness statements supporting your version
- Police report analysis emphasizing citations
- Expert testimony on perception-reaction time
- Lupe knows their fault arguments because he made them for years – now he defeats them
The Colossus System: How Insurance Companies Really Value Your Claim
How Colossus Works:
Colossus is a computerized claim valuation system used by Allstate, State Farm, Liberty Mutual, and others. Here’s how it works:
- Data Entry: Adjuster inputs injury codes, treatment types, medical costs, lost wages, jurisdiction
- Coding: Injuries are coded using standardized medical terms
- Calculation: Software applies algorithms to determine “value”
- Range Output: System provides recommended settlement range
- Authority: Adjuster typically cannot exceed this range without supervisor approval
How Insurance Manipulates Colossus:
| Manipulation | Effect |
|---|---|
| Low Injury Codes | “Soft tissue strain” instead of “disc herniation” reduces value 50-100% |
| Excessive Treatment Flags | Therapy beyond “normal” range triggers reduction |
| Conservative Treatment Penalty | Chiropractic valued less than MD 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 worked with these systems for years as a defense attorney
Reserve Setting:
Insurance companies set “reserves” – money set aside for your claim based on their worst-case scenario (trial verdict). The adjuster usually cannot settle for more than the reserve without approval.
How We Increase Reserves:
- Hiring experts (shows we’re investing in the case)
- Taking depositions (creates litigation expense)
- Filing a lawsuit (forces trial evaluation)
- Preparing for trial (shows we won’t back down)
Lupe understands reserve psychology and settlement authority limits – this is a GAME-CHANGING advantage.
Medical Knowledge: Understanding Your Injuries
Traumatic Brain Injury (TBI)
Immediate vs. Delayed Symptoms:
Immediate Symptoms (At Accident Scene or Within Hours):
- Loss of consciousness (even brief – seconds to minutes)
- Confusion and disorientation (“Where am I? What happened?”)
- Vomiting and nausea
- Seizures
- Severe headache
- Dilated pupils
- Slurred speech
- Weakness or numbness
Delayed Symptoms (Hours to Days Later – CRITICAL):
- Worsening headaches that don’t respond to medication
- Repeated vomiting
- Seizures developing days later
- Slurred speech or difficulty speaking
- Personality changes and mood swings
- Sleep disturbances (sleeping much more or can’t sleep)
- Sensitivity to light and noise
- Confusion and memory problems worsening
Why Delayed Symptoms Matter Legally:
Insurance companies claim delayed symptoms aren’t from the accident. We use medical experts to explain that symptom progression is NORMAL for brain injuries.
Severity Classifications:
| Classification | Characteristics |
|---|---|
| Mild TBI / Concussion | Brief LOC (seconds to minutes), GCS 13-15, may seem “fine” initially but can have serious long-term effects |
| Moderate TBI | LOC minutes to hours, GCS 9-12, lasting cognitive impairment, requires hospitalization |
| Severe TBI | Extended unconsciousness or coma, GCS 3-8, permanent disability likely, lifetime care needs |
Long-Term Complications:
- Chronic Traumatic Encephalopathy (CTE): Progressive brain degeneration, personality changes, dementia
- Post-Concussive Syndrome: Headaches, dizziness lasting months or years (affects 10-15% of TBI patients)
- Increased Dementia Risk: Single moderate TBI doubles dementia risk later in life
- Personality and Mood Disorders: Depression (40-50% of TBI patients), anxiety, irritability
- Seizure Disorders: Can develop months or years after injury
- Cognitive Impairment: Memory problems, difficulty concentrating, slowed processing
Spinal Cord Injury
Injury Levels and Impact:
Cervical Spine (C1-C8, Neck Region):
- C1-C4 (High Cervical): Quadriplegia (all four limbs paralyzed), possible ventilator dependence, 24/7 care required
- C5-C8 (Low Cervical): Quadriplegia with some arm/hand function, wheelchair dependent
Thoracic Spine (T1-T12, Mid-Back):
- Paraplegia: Lower body paralysis, wheelchair dependent
- Trunk control varies by level
Lumbar Spine (L1-L5, Lower Back):
- Varying degrees of leg weakness/paralysis
- Bowel/bladder dysfunction common
- May walk with assistive devices
ASIA Impairment Scale:
| Grade | Classification | Prognosis |
|---|---|---|
| A | Complete | No motor or sensory function below injury – worst |
| B | Sensory Incomplete | Sensory function but no motor function |
| C | Motor Incomplete | Motor function but most muscles <3/5 strength |
| D | Motor Incomplete | Motor function with most muscles ≥3/5 strength |
| E | Normal | Full motor and sensory function (recovered) |
Secondary Complications:
- Pressure sores (leading cause of hospitalization)
- Respiratory complications (pneumonia – leading cause of death)
- Bowel and bladder dysfunction
- Sexual dysfunction
- Autonomic dysreflexia (life-threatening blood pressure crisis)
- Depression (40-60% of patients)
- Shortened life expectancy (5-15 years on average)
Amputation
Types:
- Traumatic Amputation: Limb severed at accident scene by collision impact
- Surgical Amputation: Due to crush injuries or infections (like our documented case)
Levels:
- Above-Knee: More difficult, less mobility, more expensive prosthetics
- Below-Knee: Better mobility potential, easier prosthetic use
- Upper Extremity: Arm, hand, fingers
- Multiple Limbs: Exponentially more challenging
Phantom Limb Pain:
- 80% of amputees experience phantom pain
- Feeling pain in 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.”
Burn Injuries
Classifications:
| Degree | Characteristics | Treatment |
|---|---|---|
| First-Degree | Superficial, like sunburn, heals 7-10 days | Outpatient |
| Second-Degree | Blistering, severe pain, may scar | Monitor, possible hospital |
| Third-Degree | Full thickness, destroys all skin, always scars | Skin grafting required |
| Fourth-Degree | Extends into muscle and bone | Often requires amputation |
Body Surface Area Impact:
| % Body Burned | Treatment Required |
|---|---|
| <10% | Usually outpatient |
| 10-20% | Hospitalization required |
| 20-40% | Burn center, ICU, multiple surgeries |
| >40% | Extremely life-threatening |
| >60% | Often fatal |
Herniated Disc
Treatment Timeline:
- Acute Phase (Weeks 1-6): Severe pain, medications, rest. Cost: $2,000-$5,000
- Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic. Cost: $5,000-$12,000
- Interventional (If Conservative Fails): Epidural steroid injections. Cost: $3,000-$6,000
- 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
Psychological Injuries
PTSD After Motor Vehicle Accidents:
- 32-45% of accident victims develop PTSD symptoms
- Anxiety about driving again
- Fear of getting in cars
- Panic attacks near accident location
- Sleep disturbances, nightmares, flashbacks
- Avoidance behaviors
Compensable Psychological Damages:
- Mental anguish
- Emotional distress
- Anxiety and depression
- Loss of enjoyment of life
- Fear and worry
- Relationship impacts
Why Choose Attorney911 for Your Aransas Pass Accident Case
1. Insurance Defense Insider Advantage
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
What This Means for Your Case:
- We know their tactics because Lupe used them
- We anticipate their strategies before they deploy them
- We know how they value claims internally
- We know which IME doctors they favor
- We know how to beat their algorithms
- We speak their language
No other firm in Aransas Pass has this advantage.
2. Multi-Million Dollar Results
Attorney911 has recovered millions for victims of:
- Brain injuries: “Multi-million dollar settlement for client who suffered brain injury with vision loss”
- Amputations: “This case settled in the millions”
- Trucking wrongful death: “Recovered millions of dollars in compensation”
- Maritime injuries: “Significant cash settlement”
Our results prove we don’t settle cheap.
3. Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas.
Why This Matters:
- Complex cases often end up in federal court
- FMCSA trucking regulations are federal
- Diversity jurisdiction for out-of-state defendants
- Federal court requires different skills than state court
BP Explosion Litigation: “Our firm is one of the few firms in Texas to be involved in BP explosion litigation.”
4. Personal Attention You Deserve
What 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 B.
“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 H.
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad H.
“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 W.
You work directly with Ralph or Lupe, not a case manager assembly line.
5. Contingency Fee – No Risk to You
“We don’t get paid unless we win your case.”
- Free consultation
- No upfront costs
- No hourly billing
- We advance all case costs
- You pay nothing unless we recover for you
Frequently Asked Questions About Car Accidents in Aransas Pass
Immediate After Accident
1. What should I do immediately after a car accident in Aransas Pass?
If you’ve been in an accident in Aransas Pass:
- 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 for immediate legal guidance
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 Aransas Pass?
You can obtain the police report from the Aransas Pass Police Department or through the Texas Department of Transportation’s Crash Records Information System (CRIS).
Dealing With Insurance
7. Should I give a recorded statement to insurance?
To the other driver’s insurance: NO. Not without an attorney.
To your own insurance: You have a duty to cooperate, but call Attorney911 first. We can advise you.
8. What if the other driver’s insurance contacts me?
Say: “I need to speak with my attorney first.” Give only basic information (name, date of accident). Do NOT give a recorded statement. Do NOT discuss injuries or fault.
9. Do I have to accept the insurance company’s estimate?
No. Their estimate is just an offer. It’s usually far below actual value. Attorney911 fights for what your case is really worth.
10. Should I accept a quick settlement offer?
NEVER accept a settlement before knowing the full extent of your injuries. Once you sign a release, you cannot get more money even if you need surgery later.
11. What if the other driver is uninsured or underinsured?
Your own 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). This 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?
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 a contingency fee basis: 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 Common Questions
36. What if I have a pre-existing condition?
You can still recover. If the accident AGGRAVATED your pre-existing condition, you’re entitled to compensation for the aggravation. “Eggshell plaintiff” rule: Defendant takes victim as they find them.
Example: You had mild occasional back pain. 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 of experience 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.
Aransas Pass and the Coastal Bend: How We Serve Your Community
At Attorney911, we’re proud to serve Aransas Pass and the entire Coastal Bend region. Our deep understanding of local traffic patterns, accident hotspots, and community needs allows us to provide targeted legal assistance to accident victims in this unique area.
Aransas Pass Traffic Patterns and Accident Risks
Highway 35 Corridor:
Highway 35 is one of the most dangerous roads in the Coastal Bend, connecting Aransas Pass to Corpus Christi and Rockport. This major thoroughfare sees:
- Heavy truck traffic from the Port of Aransas
- Tourist traffic during peak seasons
- Local commuter traffic
- High-speed limits that contribute to severe accidents
Port of Aransas Traffic:
The Port of Aransas brings significant commercial vehicle traffic through Aransas Pass, including:
- 18-wheelers transporting goods
- Delivery trucks
- Construction vehicles
- Increased accident risk in port-adjacent areas
Tourist Season Impact:
Aransas Pass sees increased traffic during:
- Spring break (March-April)
- Summer vacation (June-August)
- Winter Texan season (November-March)
This seasonal influx leads to:
- More inexperienced drivers on the road
- Increased drunk driving incidents
- Higher accident rates in tourist-heavy areas
Weather-Related Risks:
Coastal weather patterns create unique driving hazards:
- Sudden storms that reduce visibility
- High winds that affect vehicle control
- Fog, particularly in low-lying areas
- Wet roads that increase stopping distances
Local Resources We Work With
Medical Facilities:
- Christus Spohn Hospital Corpus Christi – Shoreline (Level II Trauma Center)
- Driscoll Children’s Hospital (for pediatric accident victims)
- Local urgent care centers and physical therapy providers
Legal Infrastructure:
- Nueces County Courthouse in Corpus Christi
- Aransas Pass Municipal Court
- Local law enforcement agencies (Aransas Pass PD, Nueces County Sheriff’s Office)
Common Accident Locations in Aransas Pass
Dangerous Intersections:
- Highway 35 and Cotter Avenue
- Main Street and Cotter Avenue
- Highway 35 and Business 35
- Avenue G and Main Street
High-Risk Areas:
- Downtown Aransas Pass (pedestrian crossings)
- School zones (H.G. Olsen Elementary, A.C. Blunt Middle School)
- Shopping areas (HEB, Walmart, local businesses)
- Port of Aransas access roads
- Boat ramps and marinas
How We Support the Aransas Pass Community
Community Involvement:
- Sponsorship of local events and organizations
- Educational seminars on traffic safety
- Support for local law enforcement initiatives
Bilingual Services:
With Lupe Peña’s fluency in Spanish and our bilingual staff, we ensure language is never a barrier to justice. This is particularly important in Aransas Pass, where many residents and workers speak Spanish as their primary language.
Client Testimonial:
“Especially Miss Zulema, who is always very kind and always translates.” – Celia D.
What to Do Next: Your Aransas Pass Legal Emergency Line
If you’ve been injured in a motor vehicle accident in Aransas Pass, time is critical. Evidence disappears daily, and insurance companies are already building their case against you.
Call Attorney911 now: 1-888-ATTY-911
Our legal emergency line is available 24/7 to provide immediate assistance. When you call:
- You’ll speak directly with a knowledgeable staff member
- We’ll provide immediate guidance on what to do next
- We’ll schedule your free consultation with Ralph or Lupe
- We’ll begin protecting your rights immediately
Free Consultation – No Obligation
During your consultation, we’ll:
- Review the details of your accident
- Explain your legal rights and options
- Provide an honest assessment of your case
- Answer all your questions
- Outline our contingency fee structure (no fee unless we win)
No Fee Unless We Win
At Attorney911, we work on a contingency fee basis. This means:
- You pay nothing upfront
- We advance all case costs
- You only pay if we recover compensation for you
- Our fee is a percentage of your recovery
Don’t Wait – Call Now
Every day you wait, evidence disappears:
- Surveillance footage deleted in 7-30 days
- Witness memories fade
- Insurance companies solidify their defense
- Your 2-year statute of limitations clock is ticking
Call 1-888-ATTY-911 now for your free consultation.
Remember, at Attorney911, we don’t just handle cases—we help people. We understand the physical, emotional, and financial toll an accident takes on you and your family. Let us fight for the compensation you deserve while you focus on your recovery.
Se habla español. Hablamos con usted en su idioma.
Attorney911 – Your Aransas Pass Legal Emergency Lawyers™

