Motor Vehicle Accidents in Killeen, Texas: Your Guide to Justice and Recovery
If you’ve been injured in a car accident in Killeen, Texas, you’re not alone. With over 251,977 people injured in Texas motor vehicle crashes last year—one every 57 seconds—our roads remain dangerous. At Attorney911, we’ve been fighting for accident victims in Killeen, Harker Heights, Copperas Cove, and across Bell County for more than 25 years. When you call 1-888-ATTY-911, you’re reaching a legal emergency line staffed by experienced attorneys who understand the unique challenges of Central Texas accidents—from collisions on I-35 to crashes at busy intersections like Clear Creek Road and Stan Schlueter Loop.
Why Killeen Accidents Demand Experienced Legal Representation
Killeen’s mix of military traffic from Fort Cavazos (formerly Fort Hood), commercial vehicles serving the region, and local commuters creates complex accident patterns. Whether you were rear-ended on Highway 190, sideswiped in a parking lot at Killeen Mall, or injured by a distracted driver near the Killeen-Fort Hood Regional Airport, our team knows how to navigate the local legal landscape. Ralph Manginello’s 25+ years of experience and federal court admission mean we’re prepared to handle even the most complex cases—including those against government entities or large corporations.
The Reality of Car Accidents in Bell County
In 2024 alone, Texas saw:
- 1 crash every 57 seconds
- 1 person injured every 2 minutes and 5 seconds
- 4,150 fatalities statewide
Bell County’s unique traffic patterns—with military personnel, commercial trucks, and local drivers sharing the roads—create specific accident risks. Common causes in our area include:
- Distracted driving (especially near shopping centers and military housing)
- Speeding on I-35 and Highway 190
- Failure to yield at busy intersections
- Drunk driving incidents near entertainment districts
- Military vehicle accidents near Fort Cavazos
Common Injuries We See in Killeen Accidents
Car accidents can cause a wide range of injuries, from minor to life-altering:
Soft Tissue Injuries:
- Whiplash (neck strain)
- Back sprains and strains
- Shoulder injuries
Serious Trauma:
- Herniated or bulging discs
- Broken bones and fractures (arms, legs, ribs, pelvis)
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Internal organ damage
- Burns and lacerations
Long-Term Consequences:
- Chronic pain
- Permanent disability
- Post-traumatic stress disorder (PTSD)
- Loss of earning capacity
One of our recent clients suffered a leg injury in a Killeen car accident that developed complications during treatment, leading to a partial amputation. This case settled in the millions—proof that we don’t accept lowball offers from insurance companies.
The Insurance Company Playbook: What They Won’t Tell You
Insurance adjusters may seem friendly, but their goal is to pay you as little as possible. Lupe Peña, our associate attorney who previously worked for a national insurance defense firm, knows their tactics inside and out. Here’s what they’re really doing while you recover:
1. The Quick Contact Trap
Within hours of your accident, you’ll likely receive a call from the other driver’s insurance company. They’ll sound concerned and helpful, but their goal is to get you to say something that hurts your case. Common questions they ask:
- “You’re feeling better now though, right?” (They want you to minimize your injuries)
- “It wasn’t that bad of an impact, was it?” (They’re trying to downplay the accident severity)
- “Were you distracted at all?” (They’re fishing for ways to blame you)
- “How fast were you going?” (They hope you’ll overestimate or say “I don’t know”)
What to do instead: Say, “I need to speak with my attorney first.” Then call Attorney911 at 1-888-ATTY-911. We’ll handle all communications with the insurance company.
2. The Quick Cash Offer
Within days or weeks, you may receive a settlement offer—often for just a few thousand dollars. It might sound good when you’re facing medical bills and lost wages, but accepting it could cost you hundreds of thousands.
The trap: You don’t know the full extent of your injuries yet. What seems like minor pain could be a herniated disc requiring surgery. Once you sign a release, you can’t go back for more money—even if you need additional treatment.
3. The “Independent” Medical Exam Scam
After a few months, the insurance company may ask you to see one of “their” doctors for an “independent” medical exam (IME). Don’t be fooled—these doctors are hired and paid by the insurance company to minimize your injuries.
What really happens:
- The exam lasts just 10-15 minutes
- They rarely review your complete medical records
- They ask leading questions designed to get you to say you’re feeling better
- They often claim your injuries are “pre-existing” or “not related to the accident”
Lupe Peña knows this tactic well—he used to hire these same doctors when he worked for the insurance companies. Now, he knows how to counter their reports with our own medical experts.
4. Surveillance and Social Media Stalking
Insurance companies hire private investigators to follow accident victims. They’ll:
- Video you doing everyday activities
- Monitor all your social media accounts
- Look for any activity that contradicts your injury claims
- Even a photo of you smiling at a family gathering can be used against you
Real example: One of our clients was filmed walking his dog slowly. The insurance company claimed this proved he wasn’t disabled. In reality, his doctor had recommended short walks for rehabilitation. We successfully argued that this activity actually supported his recovery process.
5. Delay, Deny, Defend
Insurance companies drag out cases hoping you’ll get desperate and accept a low offer. They’ll:
- Claim they’re still “investigating”
- “Lose” your medical records
- Take weeks to respond to simple questions
- Hope you’ll give up or settle cheap
The truth: While you’re struggling with bills and pain, they’re earning interest on your settlement money. We don’t let them get away with these tactics.
6. The Comparative Fault Game
Texas uses a 51% bar rule for comparative negligence. If you’re found to be 51% or more at fault, you get nothing. Even if you’re 50% or less at fault, your compensation is reduced by your percentage of fault.
How they manipulate this:
- “You were speeding” (without evidence)
- “You weren’t paying attention”
- “You could have avoided this”
- “You contributed to the accident”
Lupe knows these arguments because he made them for years—now he defeats them for our clients.
How We Counter Insurance Company Tactics
Having a former insurance defense attorney on our team gives us an unfair advantage. Lupe Peña spent years working for insurance companies, learning:
- How they value claims (using software called Colossus)
- How they set reserves (the maximum they’re willing to pay)
- Which doctors they hire for IMEs (he’s hired many of them)
- Their delay tactics and how to counter them
- How to present medical records to maximize claim value
Here’s how we use this insider knowledge for our clients:
- We anticipate their moves before they make them
- We know how to code injuries in medical records to trigger higher valuations in Colossus
- We counter IME reports with our own medical experts
- We push for higher reserves by showing we’re prepared to go to trial
- We don’t accept lowball offers because we know what cases are really worth
The Attorney911 Difference: Why We’re the Right Choice for Killeen Accidents
When you’re injured in a car accident, you need more than just a lawyer—you need a team that will fight for every dollar you deserve. Here’s what sets us apart:
1. Insurance Defense Insider Knowledge
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
This isn’t just a credential—it’s a game-changer. While other firms guess at how insurance companies operate, we know because we’ve been on the inside. Lupe’s experience allows us to:
- Value cases more accurately
- Counter insurance company arguments effectively
- Negotiate from a position of strength
- Know when to push for trial
2. Multi-Million Dollar Results
Our track record speaks for itself:
- Brain injury with vision loss: Multi-million dollar settlement for a client injured when a log dropped on him at a logging company
- Car accident amputation: 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.
- Trucking wrongful death: We’ve helped numerous families facing trucking-related wrongful death cases recover millions in compensation
- Maritime back injury: Our client injured his back while lifting cargo on a ship. Our investigation revealed he should have been assisted in this duty, leading to a significant cash settlement.
As client Glenda Walker said: “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”
3. Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This matters because:
- Complex cases often end up in federal court
- FMCSA trucking regulations are federal
- Diversity jurisdiction applies when parties are from different states
- Federal court requires different skills than state court
Our involvement in BP explosion litigation further demonstrates our capability to handle complex cases against large corporations.
4. Personal Attention You Won’t Find at Big Firms
At Attorney911, you’re not just a case number. As client Chad Harris put it:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
Here’s what our clients consistently praise:
- Communication: “Consistent communication and not one time did I call and not get a clear answer.” – Dame Haskett
- Responsiveness: “Melanie was excellent. She kept me informed and when she said she would call me back, she did.” – Brian Butchee
- Compassion: “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
5. Contingency Fee – No Risk to You
We work on a contingency fee basis, which means:
- No upfront costs
- No hourly fees
- We advance all case expenses
- You pay nothing unless we win your case
- Free consultation to discuss your case
As client Donald Wilcox experienced: “One company said they would not accept my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.”
Common Types of Motor Vehicle Accidents in Killeen
Car Accidents (Tier 1 – Most Common)
Car accidents are the most common type of motor vehicle accident in Killeen, ranging from minor fender-benders to catastrophic collisions. In 2024, Texas saw 251,977 people injured in car crashes—one every 2 minutes and 5 seconds.
Common causes in Killeen:
- Distracted driving (especially near shopping centers and military housing)
- Speeding on I-35, Highway 190, and Stan Schlueter Loop
- Failure to yield at busy intersections
- Drunk driving (particularly near entertainment districts)
- Rear-end collisions on congested roads
- Weather-related accidents (sudden Central Texas storms)
Common injuries:
- Whiplash and soft tissue injuries
- Herniated discs
- Broken bones (arms, legs, ribs)
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Internal organ damage
What to do after a Killeen car accident:
- Call 911 and report the accident
- Seek medical attention immediately (adrenaline can mask injuries)
- Document everything: photos of damage, injuries, scene
- Exchange information with other driver(s)
- Get witness names and contact information
- Do NOT give a recorded statement to any insurance company
- Call Attorney911 at 1-888-ATTY-911
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.”
18-Wheeler/Trucking Accidents (Tier 1 – Most Dangerous)
Killeen’s location along I-35 and Highway 190 makes it a major trucking corridor. In 2024, Texas saw 39,393 commercial motor vehicle crashes, resulting in 608 fatalities and 1,601 serious injuries. Texas accounts for 11% of all fatal truck crashes nationwide.
Why trucking accidents are more severe:
- Trucks weigh up to 80,000 lbs vs. 4,000 lbs for passenger cars
- Longer stopping distances
- Larger blind spots
- Higher centers of gravity (rollover risk)
- Potential for hazardous cargo spills
FMCSA regulations (Federal Motor Carrier Safety Administration):
Trucking companies and drivers must follow strict federal regulations:
- Hours of Service (HOS): Drivers can work no more than 14 hours in a day, with a maximum of 11 hours driving after 10 consecutive hours off-duty
- 30-minute break: Required after 8 cumulative hours of driving
- 60/70-hour limit: Cannot drive after 60/70 hours on duty in 7/8 consecutive days
- Electronic Logging Devices (ELDs): Mandatory since 2019 to track driving time
- Drug and alcohol testing: Pre-employment, random, post-accident, and reasonable suspicion
- Vehicle maintenance: Regular inspections and maintenance required
Why these cases are complex:
- Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
- Higher insurance limits ($750,000 to $5,000,000+ policies)
- Federal court experience often required
- Electronic data (ELDs, black boxes) can be overwritten if not preserved
- Trucking companies often destroy evidence if not preserved immediately
Nuclear verdicts in Texas trucking cases:
- 2024 Oncor Electric: $37.5M verdict (distracted truck driver)
- 2024 New Prime I-35 pileup: $44.1M verdict (6 deaths)
- 2024 Ben E. Keith (Fort Worth): $35M settlement
- 2024 Lopez v. All Points 360 (Amazon): $105M verdict
Attorney911 advantage:
- Federal court admission (Southern District of Texas)
- BP explosion litigation experience (taking on billion-dollar corporations)
- Documented 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”
Urgency: ELD data can be automatically overwritten in 30-180 days. Call 1-888-ATTY-911 immediately to preserve critical evidence.
Drunk Driving Accidents (Tier 1 – Preventable Tragedies)
In 2024, Texas saw 1,053 alcohol-impaired driving deaths—25.37% of all traffic fatalities. With 24,000+ DWI-related crashes in Texas annually, drunk driving remains a serious problem in Killeen, particularly near bars and entertainment districts.
Texas law (Texas Penal Code § 49.04):
- Legally intoxicated at 0.08% BAC (blood alcohol concentration)
- Commercial drivers: 0.04% BAC
- Under 21: Any detectable alcohol is illegal
Dram Shop Liability (Texas Alcoholic Beverage Code § 2.02):
Bars, restaurants, and other establishments can be held liable if they serve alcohol to someone who is “obviously intoxicated” and that person then 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
- Difficulty standing or sitting upright
Potentially liable parties:
- Bars and nightclubs
- Restaurants serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Social hosts (limited circumstances)
Why these cases are valuable:
- Punitive damages available for gross negligence
- Multiple defendants (driver + establishment)
- Criminal case can strengthen civil case
- Insurance cannot defend the indefensible
Attorney911 advantage:
- Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA)
- We handle both criminal defense and civil claims
- Documented DWI case dismissals show our investigation capabilities:
- Case 1: Breathalyzer machine improperly maintained – dismissed
- Case 2: No breath or blood test, missing EMS and hospital notes – dismissed day of trial
- Case 3: Video evidence showed client not drunk – dismissed
Punitive damages: Drunk driving cases often qualify for punitive damages, which are capped at the greater of $200,000 or 2x economic damages plus 1x non-economic damages (capped at $750,000 for non-economic portion).
Motorcycle Accidents (Tier 1/2 – High Risk in Central Texas)
Texas saw 585 motorcyclist fatalities in 2024, with 37% not wearing helmets. Harris County leads the state in motorcycle fatalities, but Bell County sees its share of serious motorcycle accidents, particularly on scenic routes and during warm weather months.
Texas helmet law:
- Required for all riders under 21
- Riders 21+ may ride without helmet IF:
- Completed approved motorcycle safety course, OR
- Have $10,000+ medical insurance coverage
High-risk demographics:
- 25-44 age group at highest risk
- 90%+ of fatal victims are male
- Helmets reduce death risk by 37%
Common causes in Killeen:
- Failure to yield right of way (most common)
- Driver inattention/distraction
- Unsafe lane changes
- Left-turn accidents (T-bone/head-on)
- Speeding/reckless driving
Comparative negligence issue:
Texas’ 51% bar rule is particularly important for motorcyclists. Insurance companies ALWAYS try to blame the rider. Lupe’s experience helps counter these arguments—he knows how they think because he made these arguments for years.
Case result: While we don’t have a specific motorcycle case result to share, our firm has recovered millions for clients with catastrophic injuries similar to those suffered in motorcycle accidents.
Pedestrian Accidents (Tier 1/2 – 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. Killeen’s mix of military personnel, students, and local residents creates pedestrian risks, particularly near:
- Fort Cavazos gates
- Central Texas College and Texas A&M University-Central Texas
- Killeen Mall and surrounding shopping areas
- Downtown Killeen
- Residential neighborhoods
Critical legal point:
Pedestrians ALWAYS have the right-of-way at intersections under Texas law—even at unmarked crosswalks. Many drivers don’t know this. “Anytime there’s an intersection of two streets, the distance between them is a crosswalk” even if unmarked.
Common injuries:
- Traumatic brain injuries
- Spinal cord injuries
- Broken pelvis and legs
- Internal organ damage
- Fatalities
Why these cases are complex:
- Insurance companies often blame pedestrians
- Comparative negligence arguments are common
- Severe injuries often result in high medical bills
- Wrongful death claims may be involved
Attorney911 advantage:
- We know how to prove driver negligence
- We understand the right-of-way laws that protect pedestrians
- We have experience with catastrophic injury cases
Rideshare Accidents (Tier 1/2 – Uber/Lyft in Killeen)
With Killeen’s growing population and military community, rideshare services like Uber and Lyft are increasingly common. However, rideshare accidents present unique insurance challenges.
Industry scale (2024):
- 11 billion rideshare trips in the US since 2010
- 17.4 million Uber trips daily
- 118 million Uber users worldwide
CRITICAL: Rideshare Insurance Phases
| Phase | Driver Status | Coverage Available |
|---|---|---|
| Period 0 – Offline | App off, personal use | Personal insurance only ($30k/$60k/$25k Texas minimum) |
| Period 1 – Waiting | App on, no ride request | Contingent coverage: $50K/$100K/$25K |
| Period 2 – Accepted | Ride accepted, en route to pickup | Full commercial: $1,000,000 liability |
| Period 3 – Transporting | Passenger in vehicle | Full commercial: $1,000,000 liability |
Why this matters:
Insurance coverage varies DRAMATICALLY based on what the driver was doing at the moment of the crash. This creates complex claims situations that require experienced legal representation.
Who can be injured:
- 21% Riders
- 21% Drivers
- 58% Third parties (other drivers, pedestrians)
Why these cases are complex:
- Determining which insurance policy applies
- Proving the driver’s status at time of accident
- Multiple insurance companies may be involved
- Rideshare companies often deny liability
Attorney911 advantage:
- Lupe’s insurance knowledge helps navigate the coverage maze
- We know how to determine which insurance phase applies
- We have experience with rideshare accident claims
Hit and Run Accidents (Tier 2 – Common in Killeen)
Hit and run accidents occur every 43 seconds in the US. In Texas, these are serious crimes with severe 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 |
UM/UIM Coverage is Critical:
- UM/UIM (Uninsured/Underinsured Motorist) coverage pays when the at-fault driver is unidentified
- Texas allows inter-policy stacking (combining coverage from multiple vehicles)
- Standard UM/UIM deductible: $250
Evidence urgency:
- Surveillance footage deleted in 7-30 days
- Witnesses disperse quickly
- Police reports may not identify the at-fault driver
- Call Attorney911 immediately: 1-888-ATTY-911
What we do for hit and run victims:
- Send preservation letters to businesses for surveillance footage
- Canvas the area for witnesses
- Work with police to identify the at-fault driver
- Pursue UM/UIM claims against your own insurance
- Investigate all possible sources of recovery
Case result: While we don’t have a specific hit and run case result, our firm has successfully recovered compensation for hit and run victims through UM/UIM claims.
Tesla/Autopilot/FSD Accidents (Tier 2 – Emerging Issue)
As electric vehicles become more common in Killeen, accidents involving Tesla’s Autopilot and Full Self-Driving (FSD) systems are increasing. These cases present unique legal challenges.
Notable fatal 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 in active lawsuit
- Aug 2025, Miami FL: $240M+ jury verdict against Tesla (landmark case)
Key liability arguments:
- Misrepresentation: Tesla marketed FSD/Autopilot as safer than human drivers
- Overconfidence: Marketing fostered driver overreliance on the system
- Known defects: Tesla knew the system couldn’t detect emergency vehicles
- Inadequate fixes: Used over-the-air software updates instead of comprehensive recalls
NHTSA data:
- Tesla Autopilot accounts for 70% of driver-assist crashes reported to NHTSA
- Dec 2023: Tesla recalled 2+ million vehicles
Crash patterns:
- Tractor-trailer crossings
- Emergency vehicles with lights flashing
- Gore points and barriers
- Situations where drivers had hands off the wheel
Attorney911 advantage:
- Federal court experience for product liability claims
- BP explosion litigation experience (taking on billion-dollar corporations)
- Complex technical litigation capability
Delivery Vehicle Accidents (Tier 2 – Amazon, FedEx, UPS)
With the growth of online shopping, delivery vehicle accidents are increasing in Killeen. These cases often involve complex liability issues.
Key statistics:
- 1,879 crashes involving Amazon-related motor carriers in 24 months (ending Aug 2025)
- Amazon DSPs (Delivery Service Partners) have higher safety violation rates than average motor carriers
- 2024 Georgia child struck: $16.2M verdict (Amazon 85% responsible)
- 2024 Lopez v. All Points 360: $105M verdict against Amazon DSP
Amazon DSP liability:
- DSPs contractually required to “defend and indemnify” Amazon
- Higher safety violation rates than average motor carriers
- Business model encourages dangerous behavior
Why these cases are valuable:
- Trucks are 3x size/weight of passenger cars = more severe injuries
- $1M+ liability insurance policies required
- No jury sympathy for corporate defendants
- Business model encourages dangerous behavior
Attorney911 advantage:
- Federal court experience
- Complex corporate litigation capability
- Experience with Amazon DSP cases
Bicycle Accidents (Tier 3)
Killeen’s growing cycling community faces risks from distracted and negligent drivers. In 2024, Texas saw 78 cyclist fatalities (26.42% decrease from 2023), but serious injuries remain common.
Texas e-bike classifications:
| 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:
- 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 motor vehicle
- Different insurance and liability implications
E-bike accident liability:
- 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)
Verdict: Oct 2024 Portland: $1.6 million to e-bike rider struck by SUV
Attorney911 advantage:
- Experience with both traditional bicycle and e-bike accidents
- Knowledge of Texas e-bike laws
- Product liability experience for defective e-bikes
Bus Accidents (Tier 3)
Killeen’s public transportation system and school buses create accident risks. In 2024, Texas saw 1,110 bus accidents, leading all states.
Statistics:
- 1,110 bus accidents in Texas (2024)
- 17 fatal crashes
- 549 injury crashes
- 2,523 school bus crashes (2023)
- 11 school bus deaths
- 63 serious injuries
- 10,000+ students injured (2021-22 school year)
Liable parties:
- Driver (fatigue, distraction, impairment)
- Bus operator/company (inadequate training, negligent maintenance)
- Manufacturer (brake, tire, safety equipment defects)
- Other drivers (third-party vehicles)
- Government entities (poor signage, road defects) – SPECIAL NOTICE REQUIREMENTS
Attorney911 advantage:
- Experience with government claims
- Knowledge of special notice requirements
- Federal court experience for complex cases
Construction Zone Accidents (Tier 3)
Nearly 28,000 crashes occurred in Texas work zones in 2024, resulting in 215 deaths—a 12% increase over the previous year. Killeen’s ongoing development projects create work zone hazards.
Statistics:
- 28,000+ crashes in Texas work zones (2024)
- 215 deaths (12% increase)
- Work zone fatalities increased 50% nationally (2013-2023)
- 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 receiving a text message) rear-ended her, pushing her car into the path of another truck. The accident was fatal.
Why these cases are complex:
- Multiple liable parties (construction company, government entity, other drivers)
- Special notice requirements for government claims
- Complex liability issues
- Severe injuries due to high speeds
Attorney911 advantage:
- Experience with government claims
- Knowledge of construction industry standards
- Ability to handle complex liability cases
The 48-Hour Protocol: What to Do Immediately After an Accident in Killeen
Evidence disappears quickly after an accident. Here’s exactly what to do in the first 48 hours:
HOUR 1-6 (IMMEDIATE CRISIS):
✅ Safety First: If you can move safely, get to a secure location away from traffic
✅ Call 911: Report the accident, request medical assistance if anyone is injured
✅ Medical Attention: If injured, get to the ER immediately. Adrenaline masks injuries – you may be hurt and not know it yet
✅ 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 (do NOT delete anything)
✅ Exchange Information:
- Other driver’s name, phone, address
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, color
✅ Witnesses:
- Get names and phone numbers of any witnesses
- Ask if they saw what happened
- Record their statements if possible
✅ Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company
HOUR 6-24 (EVIDENCE PRESERVATION):
✅ Digital Preservation:
- Preserve all texts, calls, photos, videos related to the accident
- Do NOT delete anything from your phone
- Screenshot everything relevant
- Email copies to yourself for backup
✅ Physical Evidence:
- Secure damaged clothing, glasses, personal items
- Keep receipts for any expenses (towing, rental car, medications)
- Do NOT repair your vehicle yet – preserve the damage
✅ Medical Records:
- Request copies of all ER/hospital records
- Keep all discharge paperwork
- Follow up with your primary care physician within 24-48 hours
✅ Insurance Communications:
- Note any calls from insurance companies
- Do NOT give recorded statements yet
- Do NOT sign anything
- Do NOT accept any settlement offers
- Say: “I need to speak with my attorney first”
✅ Social Media:
- Make ALL profiles private immediately
- Do NOT post about the accident
- Do NOT post photos of injuries or activities
- Tell friends/family not to tag you in posts
HOUR 24-48 (STRATEGIC DECISIONS):
✅ Legal Consultation:
- Speak with experienced motor vehicle accident attorney
- Call Attorney911: 1-888-ATTY-911 for free consultation
- Have your documentation ready
✅ Insurance Response:
- If insurance contacts you, refer them to your attorney
- Say: “My attorney will be in touch with you”
- Provide only basic information: name, date of accident, that you were involved
✅ Settlement Offers:
- Do NOT accept or sign anything without lawyer review
- Early offers are ALWAYS lowball offers
- You don’t know extent of your injuries yet
✅ Evidence Backup:
- Upload all screenshots and photos to cloud storage
- Email copies to yourself and family member
- Create written timeline of events while memory is fresh
WEEK ONE PRIORITIES:
✅ Medical Follow-Up:
- Continue documenting all injuries
- See specialists if recommended
- Follow ALL doctor 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
Evidence Deterioration Timeline: Why Time is Critical
Evidence disappears on a predictable schedule. Here’s what happens if you wait:
Day 1-7:
- Witness memories peak then begin fading immediately
- Witnesses harder to locate as days pass
- Details forgotten or become uncertain
- Physical evidence: Skid marks fade, debris cleared, accident scene cleaned
Day 7-30:
- Surveillance footage DELETED:
- Gas stations: 7-14 days typical
- Retail stores: 30 days typical
- Ring doorbells: 30-60 days
- Traffic cameras: 30 days
- Once deleted = GONE FOREVER – cannot be recovered
- Witnesses: Change jobs, move, become unreachable
- Scene changes: Road repairs, new striping, traffic signals adjusted
Month 1-2:
- Insurance companies solidify defense position
- Adjusters have built file against you
- Settlement position hardens
- Vehicle repairs: Evidence from vehicles destroyed once repaired
Month 2-6:
- Trucking electronic data DELETED:
- ELD (Electronic Logging Device) data: 30-180 days retention
- Black box data: Can be automatically overwritten
- GPS/telematics: Varies by company
- Cell phone records: Harder to obtain as time passes
- Social media: Posts deleted, accounts deactivated
Month 6-12:
- Witnesses: Graduate, move away, memory severely degraded
- Medical evidence: Harder to link injuries to accident
- Treatment gaps: Used against you by insurance
- Financial desperation: Mounting bills make you vulnerable
Month 12-24:
- Approaching statute of limitations
- Creates pressure to settle (insurance knows you’re desperate)
- Evidence severely degraded
- Case value diminished
Every day you wait, evidence disappears. Call Attorney911 NOW: 1-888-ATTY-911
Texas Motor Vehicle Law: What You 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 not immediately discoverable
- Defendant Absence: Tolled if defendant leaves Texas
- Mental Incapacity: Tolled during incapacity
CRITICAL: Miss the deadline = case BARRED forever. Cannot be extended or waived.
Comparative Negligence (Texas Civil Practice & Remedies Code § 33.001)
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 insurance defense experience helps counter their comparative fault arguments because he made these arguments for years—now he defeats them.
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 critical for protection
- Texas allows inter-policy stacking
Texas Legal Terms Dictionary
| Term | Definition |
|---|---|
| Negligence | Failure to act with the level of care a reasonable person would exercise. Must prove: duty, breach, causation, damages. |
| Duty of Care | Legal obligation to act reasonably (drivers must obey traffic laws, property owners must maintain safe premises). |
| Breach of Duty | Violation of duty of care through action or inaction. |
| Causation | Defendant’s breach directly caused plaintiff’s injuries (“but for” test). |
| Proximate Cause | Injuries were foreseeable result of defendant’s actions. |
| Liability | Legal responsibility for harm caused. Defendant is “liable” when proven negligent. |
| Economic Damages | Quantifiable financial losses: medical bills, lost wages, property damage, future earnings. NO CAP in Texas. |
| Non-Economic Damages | Intangible losses: pain and suffering, mental anguish, physical impairment, loss of consortium, disfigurement. NO CAP except medical malpractice. |
| Punitive/Exemplary Damages | Punishment for gross negligence or malice. CAPPED at greater of: $200K OR 2x economic + 1x non-economic (max $750K non-economic portion). |
| Dram Shop Liability | Bars/restaurants liable if they serve obviously intoxicated person who then causes accident. Texas Alcoholic Beverage Code §2.02. |
| Respondeat Superior | Employer liable for employee’s negligence during work scope. Critical for trucking/rideshare. |
| Vicarious Liability | One party liable for another’s actions (parent company for subsidiary, etc.). |
| UM/UIM Coverage | Uninsured/Underinsured Motorist coverage. Texas allows inter-policy stacking. |
| Bad Faith | Insurance company’s unreasonable denial or delay of valid claim. Texas Insurance Code violations. |
| Contingency Fee | Attorney fee structure: no fee unless case wins. Typically 33-40% of recovery. |
| Subrogation | Health insurer’s right to recover from settlement what they paid for treatment. |
| Lien | Third party’s claim against settlement (medical providers, Medicare, Medicaid). |
| Wrongful Death | Claim brought by surviving family for death caused by negligence. |
| Survival Action | Claim for damages the deceased would have recovered if they survived (pain before death, medical bills). |
Proving Liability: Building Your 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
- Must obey traffic laws, maintain proper lookout, control speed
- Commercial drivers have heightened duty (FMCSA regulations)
2. Breach of Duty
- The at-fault driver violated their duty of care
- Examples: speeding, running red light, texting, DUI, failing to yield
3. Causation
- The breach of duty DIRECTLY caused your injuries
- “But for” test: But for the defendant’s actions, you would not have been injured
- Injuries must be foreseeable result of negligent conduct
4. Damages
- You suffered actual harm (physical, financial, emotional)
- Must be quantifiable or demonstrable
- Medical bills, lost wages, pain and suffering
Evidence Types and Sources
Physical Evidence:
- Vehicle damage photographs (all angles)
- Skid marks, debris, road damage
- Damaged personal property (clothing, glasses, phone)
- Weather and road conditions documentation
Documentary Evidence:
- Police accident report
- 911 call recordings
- Traffic camera footage
- Surveillance footage from nearby businesses
- Medical records and bills
- Employment records (for lost wages)
- Cell phone records (proving distraction)
Electronic Evidence:
- ELD (Electronic Logging Device) data from trucks
- Vehicle black box/EDR (Event Data Recorder)
- GPS/telematics data
- Dashcam footage
- Social media posts (theirs, not yours)
Testimonial Evidence:
- Witness statements
- Expert witness testimony
- Medical expert opinions
- Accident reconstruction specialists
Multiple Liable Parties
Many accidents involve more than one at-fault party:
Trucking Accidents Can Involve:
- Truck driver (negligent operation)
- Trucking company (negligent hiring, supervision, maintenance)
- Cargo loader (improper loading causing instability)
- Vehicle manufacturer (defective parts)
- Maintenance company (improper repairs)
Rideshare Accidents Can Involve:
- Rideshare driver
- Rideshare company (Uber/Lyft)
- Other at-fault drivers
- Vehicle owner (if different from driver)
Drunk Driving Accidents Can Involve:
- Drunk driver
- Bar/restaurant (dram shop liability)
- Social host (limited circumstances)
- Liquor store (serving obviously intoxicated person)
More liable parties = more insurance policies = higher recovery potential.
Expert Witnesses We Work With
| Expert Type | What They Prove |
|---|---|
| Accident Reconstructionist | How the crash occurred, who was at fault, speeds, angles |
| Medical Experts | Extent of injuries, future treatment needs, permanent impairment |
| Life Care Planner | Lifetime cost of care for catastrophic injuries |
| Vocational Expert | Lost earning capacity, inability to return to prior work |
| Economist | Present value of future losses, wage calculations |
| Biomechanical Engineer | How injuries were caused by collision forces |
| Trucking Industry Expert | FMCSA violations, industry standards |
| Human Factors Expert | Perception-reaction time, visibility issues |
Damages and Compensation: What You Can Recover
Types of Damages
Economic Damages (No Cap in Texas):
| Damage Type | What It Covers |
|---|---|
| Medical Expenses (Past) | ER, hospital, surgery, doctors, physical therapy, medications, medical equipment |
| Medical Expenses (Future) | Ongoing treatment, future surgeries, lifetime medications, long-term care |
| Lost Wages (Past) | Income lost from date of accident to present |
| Lost Earning Capacity (Future) | Reduced ability to earn income in the future |
| Property Damage | Vehicle repair or replacement, personal property |
| Out-of-Pocket Expenses | Transportation to medical appointments, home modifications, household help |
Non-Economic Damages (No Cap Except Medical Malpractice):
| Damage Type | What It Covers |
|---|---|
| Pain and Suffering | Physical pain from injuries, both past and future |
| Mental Anguish | Emotional distress, anxiety, depression, fear, PTSD |
| Physical Impairment | Loss of physical function, disability, limitations |
| Disfigurement | Scarring, permanent visible injuries affecting appearance |
| Loss of Consortium | Impact on marriage/family relationships, loss of companionship |
| Loss of Enjoyment of Life | Inability to participate in activities you previously enjoyed |
Punitive/Exemplary Damages (Capped):
- Available for gross negligence, fraud, or malice
- Drunk driving cases often qualify
- Cap: Greater of $200,000 OR (2x economic + 1x non-economic max $750,000)
- Purpose: Punish defendant and deter similar conduct
Settlement Ranges by Injury Type
Soft Tissue Injuries (Whiplash, Sprains, Strains):
Medical Treatment:
- Emergency room: $2,000-$5,000
- Follow-up doctor visits: $1,000-$3,000
- Physical therapy (6-12 weeks): $3,000-$7,000
- Medications: $300-$1,000
- Total Medical: $6,000-$16,000
Lost Wages: $2,000-$10,000 (2-6 weeks missed work)
Pain & Suffering: $8,000-$35,000
SETTLEMENT RANGE: $15,000-$60,000
Higher if: Permanent pain, restrictions on activities, chronic condition develops
Broken Bone (Single, Simple Fracture):
Medical Treatment:
- Emergency room and X-rays: $3,000-$6,000
- Orthopedic consultation: $500-$1,500
- Casting and follow-up: $2,000-$5,000
- Physical therapy: $3,000-$8,000
- Total Medical: $10,000-$20,000
Lost Wages: $5,000-$15,000 (4-8 weeks missed work)
Pain & Suffering: $20,000-$60,000
SETTLEMENT RANGE: $35,000-$95,000
Broken Bone (Requiring Surgery – ORIF):
Medical Treatment:
- Emergency room: $5,000-$10,000
- Surgery (Open Reduction Internal Fixation): $25,000-$50,000
- Hospital stay (2-3 days): $6,000-$15,000
- Follow-up care: $3,000-$8,000
- Physical therapy (3-6 months): $8,000-$15,000
- Total Medical: $47,000-$98,000
Lost Wages: $10,000-$30,000 (3-6 months)
Pain & Suffering: $75,000-$200,000
SETTLEMENT RANGE: $132,000-$328,000
Herniated Disc (Conservative Treatment):
Medical Treatment:
- Emergency room and initial treatment: $3,000-$6,000
- MRI: $2,000-$4,000
- Physician visits and pain management: $5,000-$12,000
- Physical therapy (3-6 months): $8,000-$15,000
- Epidural steroid injections (series of 3): $3,000-$6,000
- Medications: $1,000-$3,000
- Total Medical: $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):
Medical Treatment:
- Initial treatment and diagnostics: $8,000-$15,000
- Failed conservative treatment: $10,000-$20,000
- Spinal surgery (microdiscectomy or fusion): $50,000-$100,000
- Hospital stay: $8,000-$20,000
- Post-surgical care and follow-up: $5,000-$15,000
- Physical therapy (6-12 months): $10,000-$20,000
- Pain management: $5,000-$15,000
- Total Past Medical: $96,000-$205,000
Future Medical: $30,000-$100,000 (ongoing pain management, possible revision surgery)
Lost Wages: $20,000-$50,000 (6-12 months recovery)
Lost Earning Capacity: $50,000-$400,000 (if can’t return to physical job)
Pain & Suffering: $150,000-$450,000
SETTLEMENT RANGE: $346,000-$1,205,000
Traumatic Brain Injury (Moderate to Severe):
Medical Treatment:
- Emergency room and trauma care: $10,000-$30,000
- Hospital/ICU stay (1-4 weeks): $50,000-$200,000
- Neurosurgery if required: $75,000-$200,000
- Acute rehabilitation facility: $30,000-$100,000
- Neurologist follow-up care: $10,000-$30,000
- Neuropsychological testing: $3,000-$8,000
- Cognitive therapy: $15,000-$50,000
- Medications: $5,000-$20,000
- Total Past Medical: $198,000-$638,000
Future Medical (Life Care Plan): $300,000-$3,000,000+ depending on severity
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:
Lifetime Care Costs by Level:
| Injury Level | First Year | Each Year After | Lifetime Total |
|---|---|---|---|
| High Tetraplegia (C1-C4) | $1,200,000-$1,500,000 | $200,000-$250,000 | $6,000,000-$13,000,000+ |
| Low Tetraplegia (C5-C8) | $850,000-$1,100,000 | $75,000-$100,000 | $3,700,000-$6,100,000+ |
| Paraplegia (T1-L5) | $500,000-$750,000 | $70,000-$90,000 | $2,500,000-$5,250,000+ |
SETTLEMENT RANGE: $4,770,000-$25,880,000
Amputation:
Medical Treatment:
- Emergency care and surgery: $80,000-$200,000
- Hospital stay: $50,000-$150,000
- Rehabilitation: $30,000-$100,000
- Initial prosthetic fitting: $10,000-$30,000
- Total Past Medical: $170,000-$480,000
Future Medical (Lifetime Prosthetics):
- Basic prosthetic leg: $5,000-$15,000 every 3-5 years
- Advanced computerized prosthetic: $50,000-$100,000 every 3-5 years
- Over lifetime (30-50 years): $500,000-$2,000,000
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):
Economic Damages:
- Funeral and burial: $10,000-$20,000
- Medical expenses before death: $50,000-$500,000
- Lost financial support to family (present value): $1,000,000-$4,000,000
Non-Economic Damages:
- Loss of companionship, society, love: $500,000-$3,000,000
- Loss of advice and counsel: $100,000-$500,000
- Mental anguish (family members): $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”
Nuclear Verdicts Trend (2024-2025)
Definition: Jury awards exceeding $10 million (originally $10M threshold, now often $20M+)
Texas Nuclear Verdict Statistics:
- 207 nuclear verdicts ($10M+) from 2009-2023
- Total: $45+ billion in Texas alone
- Texas #1 nationally for nuclear verdicts
- Auto accidents = 23.2% of all nuclear verdicts
Recent Texas Motor Vehicle Nuclear Verdicts:
| Year | Case | Amount |
|---|---|---|
| 2024 | Hatch v. Jones (car accident wrongful death) | $81,720,000 |
| 2024 | Frito-Lay Warehouse (vehicle collision) | $72,000,000 |
| 2024 | Lopez v. All Points 360 (Amazon) | $105,000,000 |
| 2024 | New Prime I-35 pileup (6 deaths) | $44,100,000 |
| 2024 | Oncor Electric (trucking) | $37,500,000 |
| 2024 | Ben E. Keith (Fort Worth trucking) | $35,000,000 |
| 2023 | Johnson v. Union Pacific (train) | $557,000,000 |
| 2021 | Ramsey v. Landstar (trucking) | $730,000,000 |
| 2017 | Kindred v. Delbosque (drunk driving) | $301 BILLION |
Why This Matters:
Insurance companies FEAR nuclear verdicts. This fear increases settlement values across ALL serious injury cases, not just those going to trial. Attorney911’s trial readiness and multi-million dollar track record gives us leverage in every negotiation.
Settlement Multiplier Method (How Insurance Calculates)
The Formula:
Total Settlement = (Medical Expenses × Multiplier) + Lost Wages + Property Damage
Multiplier Range: 1.5 to 5
| Injury Severity | Multiplier Range |
|---|---|
| Minor injuries (soft tissue, quick recovery) | 1.5 – 2 |
| Moderate injuries (broken bones, months recovery) | 2 – 3 |
| Severe injuries (surgery, long recovery) | 3 – 4 |
| Catastrophic injuries (permanent disability) | 4 – 5+ |
EXAMPLE – MINOR INJURY:
- Medical expenses: $10,000
- Multiplier: 1.5
- Pain & suffering: $15,000
- Lost wages: $3,000
- Total: $28,000
EXAMPLE – SEVERE INJURY:
- Medical expenses: $100,000
- Multiplier: 4
- Pain & suffering: $400,000
- Lost wages: $50,000
- Total: $550,000
FACTORS THAT INCREASE MULTIPLIER (Push Toward 4-5):
- Permanent injury or disability
- Scarring or disfigurement
- Long recovery time (12+ months)
- Surgery required
- Ongoing pain management needed
- Impact on daily activities severe
- Clear liability (other driver 100% at fault)
- Sympathetic plaintiff (child, elderly, pregnant)
- Defendant’s conduct egregious (drunk driving, hit and run)
- Strong evidence (video, witnesses)
- Permanent restrictions on work/activities
FACTORS THAT DECREASE MULTIPLIER (Push Toward 1.5-2):
- Soft tissue injury only
- Quick recovery (under 3 months)
- No surgery required
- Disputed liability (comparative fault)
- Gaps in medical treatment
- Pre-existing conditions
- Minor property damage
- No permanent injury
Why Lupe’s Experience Matters:
Lupe calculated these multipliers for years using insurance company formulas. He knows:
- When to push for higher multiplier (4-5 vs. 2-3)
- Which factors insurance weighs most heavily
- How to document cases to justify higher multipliers
- When multiplier method undervalues case (catastrophic injuries)
- When to abandon multiplier and demand policy limits
We Don’t Accept Low Multipliers:
- Insurance offers 1.5× multiplier for severe injury? We fight for 4-5×
- We document permanency, impact, severity
- We prepare for trial if they won’t pay fair multiplier
- Our multi-million dollar results prove we don’t accept low multipliers
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. Attorney911 uses medical experts explaining symptom progression is NORMAL for brain injuries.
Severity Classifications:
| Classification | Characteristics |
|---|---|
| Mild TBI / Concussion | Brief LOC (seconds to minutes), GCS 13-15, may seem “fine” initially but can have serious long-term effects |
| Moderate TBI | LOC minutes to hours, GCS 9-12, lasting cognitive impairment, requires hospitalization |
| Severe TBI | Extended unconsciousness or coma, GCS 3-8, permanent disability likely, lifetime care needs |
Long-Term Complications:
- Chronic Traumatic Encephalopathy (CTE): Progressive brain degeneration, personality changes, dementia
- Post-Concussive Syndrome: Headaches, dizziness lasting months or years (affects 10-15%)
- Increased Dementia Risk: Single moderate TBI doubles dementia risk later in life
- Personality and Mood Disorders: Depression (40-50% of TBI patients), anxiety, irritability
- Seizure Disorders: Can develop months or years after injury
- Cognitive Impairment: Memory problems, difficulty concentrating, slowed processing
Spinal Cord Injury
Injury Levels and Impact:
Cervical Spine (C1-C8, Neck Region):
- C1-C4 (High Cervical): Quadriplegia (all four limbs paralyzed), possible ventilator dependence, 24/7 care required
- C5-C8 (Low Cervical): Quadriplegia with some arm/hand function, wheelchair dependent
Thoracic Spine (T1-T12, Mid-Back):
- Paraplegia: Lower body paralysis, wheelchair dependent
- Trunk control varies by level
Lumbar Spine (L1-L5, Lower Back):
- Varying degrees of leg weakness/paralysis
- Bowel/bladder dysfunction common
- May walk with assistive devices
ASIA Impairment Scale:
| Grade | Classification | Prognosis |
|---|---|---|
| A | Complete | No motor or sensory function below injury – worst |
| B | Sensory Incomplete | Sensory function but no motor function |
| C | Motor Incomplete | Motor function but most muscles <3/5 strength |
| D | Motor Incomplete | Motor function with most muscles ≥3/5 strength |
| E | Normal | Full motor and sensory function (recovered) |
Secondary Complications:
- Pressure sores (leading cause of hospitalization)
- Respiratory complications (pneumonia – leading cause of death)
- Bowel and bladder dysfunction
- Sexual dysfunction
- Autonomic dysreflexia (life-threatening blood pressure crisis)
- Depression (40-60% of patients)
- Shortened life expectancy (5-15 years on average)
Amputation
Types:
- Traumatic Amputation: Limb severed at accident scene by collision impact
- Surgical Amputation: Due to crush injuries or infections (like our documented case)
Levels:
- Above-Knee: More difficult, less mobility, more expensive prosthetics
- Below-Knee: Better mobility potential, easier prosthetic use
- Upper Extremity: Arm, hand, fingers
- Multiple Limbs: Exponentially more challenging
Phantom Limb Pain:
- 80% of amputees experience phantom pain
- Feeling pain in limb that’s no longer there
- Can be severe and debilitating
- Often permanent condition
- Requires lifetime pain management
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 |
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 or similar roads
- 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 Killeen Accident Case
When you’re injured in a car accident in Killeen, you have choices. But not all law firms are created equal. Here’s why Attorney911 is the right choice for Central Texas accident victims:
1. Insurance Defense Insider Knowledge
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
This isn’t just a credential—it’s a game-changer. While other firms guess at how insurance companies operate, we know because we’ve been on the inside. Lupe’s experience allows us to:
- Value cases more accurately
- Counter insurance company arguments effectively
- Negotiate from a position of strength
- Know when to push for trial
As Lupe explains: “I’ve reviewed hundreds of surveillance videos and social media posts as defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life – they’re building ammunition against you.”
2. Multi-Million Dollar Results
Our track record speaks for itself:
- Brain injury with vision loss: Multi-million dollar settlement for a client injured when a log dropped on him at a logging company
- Car accident amputation: 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.
- Trucking wrongful death: We’ve helped numerous families facing trucking-related wrongful death cases recover millions in compensation
- Maritime back injury: Our client injured his back while lifting cargo on a ship. Our investigation revealed he should have been assisted in this duty, leading to a significant cash settlement.
As client Glenda Walker said: “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”
3. Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This matters because:
- Complex cases often end up in federal court
- FMCSA trucking regulations are federal
- Diversity jurisdiction applies when parties are from different states
- Federal court requires different skills than state court
Our involvement in BP explosion litigation further demonstrates our capability to handle complex cases against large corporations.
4. Personal Attention You Won’t Find at Big Firms
At Attorney911, you’re not just a case number. As client Chad Harris put it:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
Here’s what our clients consistently praise:
- Communication: “Consistent communication and not one time did I call and not get a clear answer.” – Dame Haskett
- Responsiveness: “Melanie was excellent. She kept me informed and when she said she would call me back, she did.” – Brian Butchee
- Compassion: “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
5. Contingency Fee – No Risk to You
We work on a contingency fee basis, which means:
- No upfront costs
- No hourly fees
- We advance all case expenses
- You pay nothing unless we win your case
- Free consultation to discuss your case
As client Donald Wilcox experienced: “One company said they would not accept my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.”
6. Killeen-Specific Experience
We understand the unique challenges of accidents in Bell County:
- Military personnel and their families
- Fort Cavazos-related traffic
- Commercial vehicles serving the region
- Local court procedures in Killeen and Belton
- Dangerous intersections like Clear Creek Road and Stan Schlueter Loop
- Local hospitals like Seton Medical Center Harker Heights
7. Spanish Language Services
For our Spanish-speaking clients in Killeen:
- Lupe Peña is fluent in Spanish
- Our staff includes bilingual team members
- All consultations available in Spanish
- No language barrier to justice
As client Celia Dominguez said: “Especially Miss Zulema, who is always very kind and always translates.”
8. Community Trust
Our reputation in the community speaks for itself:
- 251+ five-star Google reviews
- Trae Tha Truth endorsement
- Decades of service to Central Texas
- Involvement in local organizations
As Jacqueline Johnson shared: “One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.”
Frequently Asked Questions About Killeen Car Accidents
Immediate After Accident
1. What should I do immediately after a car accident in Killeen?
If you’ve been in an accident in Killeen:
- Call 911 and report the accident
- Seek medical attention even if you feel fine (adrenaline can mask injuries)
- Document everything: photos of damage, injuries, scene
- Exchange information with other driver(s)
- Get witness names and contact information
- Do NOT give a recorded statement to any insurance company
- Call Attorney911 at 1-888-ATTY-911
2. Should I call the police even for a minor accident?
Yes. Always call 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 Killeen?
You can obtain the police report from the Killeen 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/underinsured?
Your own UM/UIM coverage can compensate you. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8
12. Why does insurance want me to sign a medical authorization?
They want unlimited access to your ENTIRE medical history to find pre-existing conditions to use against you. Never sign without attorney review.
Legal Process
13. Do I have a personal injury case?
You may have a case if:
- Someone else was at fault (even partially)
- You suffered injuries or damages
- There is insurance to recover from
Watch our video: “Do I Have a Good Case?” at https://www.youtube.com/watch?v=j-PMMP5Jims
14. When should I hire a car accident lawyer?
Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911: 1-888-ATTY-911
15. How much time do I have to file (statute of limitations)?
In Texas: 2 years from date of accident for personal injury, 2 years from date of death for wrongful death. Miss it = case barred forever.
16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (reduced by your fault %). If 51%+ at fault, you get nothing.
Watch our video: “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4
17. What happens if I was partially at fault?
You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.
18. Will my case go to trial?
Most cases settle before trial. But Attorney911 prepares every case AS IF it’s going to trial. That’s what gives us leverage.
Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc
19. How long will my case take to settle?
Depends on injury severity. We don’t settle until you’ve reached maximum medical improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.
20. What is the legal process step-by-step?
- 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 a contingency fee basis—you pay nothing unless we win your case. If we recover compensation for you, our fee is a percentage of the recovery. You may still be responsible for court costs and case expenses regardless of outcome. Free consultation available to discuss fee structure.
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. Accident caused herniated disc requiring surgery. You recover for the NEW injury, not just the pre-existing pain. We hire medical experts to prove the difference. Lupe knows how insurance attacks pre-existing conditions—he used this defense for years.
37. Can I switch attorneys if I’m unhappy with my current lawyer?
YES. You can fire your attorney at any time. If your attorney isn’t communicating, isn’t fighting for you, or is pushing you to settle cheap, you have the right to switch. Attorney911 has taken over many cases from other attorneys.
As Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
Call 1-888-ATTY-911 to discuss switching.
38. What if the insurance company is my own insurance (UM/UIM claim)?
Uninsured/Underinsured Motorist claims are against YOUR insurance when the other driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation.
Texas allows inter-policy stacking (combining multiple UM policies). Lupe’s insurance knowledge is critical for maximizing UM/UIM recovery.
39. How do you calculate pain and suffering?
Most commonly using the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering. Multiplier depends on: injury severity, permanency, impact on life, clear liability.
Example: $100,000 medical × 4 multiplier = $400,000 pain and suffering.
Lupe calculated these for years—he knows how to justify higher multipliers. See Section G for detailed breakdown.
40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Government claims have special rules. You must file notice within 6 months (much shorter than 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply.
These cases are complex—you need experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—6-month deadline is strict.
41. What if the other driver fled the scene (hit and run)?
File 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 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.
Killeen-Specific Resources
Local Hospitals and Trauma Centers
Seton Medical Center Harker Heights
- Level III Trauma Center
- 850 W Central Texas Expy, Harker Heights, TX 76548
- (254) 690-0900
Baylor Scott & White Medical Center – Temple
- Level II Trauma Center (nearest Level II)
- 2401 S 31st St, Temple, TX 76508
- (254) 724-2111
Dell Seton Medical Center at The University of Texas
- Level I Trauma Center (nearest Level I)
- 1500 Red River St, Austin, TX 78701
- (512) 324-7000
Local Courts
Bell County Justice of the Peace Precinct 1
- Handles minor civil cases and accident reports
- 101 E Central Ave, Belton, TX 76513
- (254) 933-5220
Bell County Justice of the Peace Precinct 2
- 205 E Central Ave, Belton, TX 76513
- (254) 933-5222
Bell County Justice of the Peace Precinct 3
- 301 Priest Dr, Killeen, TX 76541
- (254) 526-8262
Bell County Justice of the Peace Precinct 4
- 209 N 2nd St, Temple, TX 76501
- (254) 770-2400
364th District Court (Civil)
- 1201 Huey Rd, Belton, TX 76513
- (254) 933-5200
146th District Court (Civil)
- 1201 Huey Rd, Belton, TX 76513
- (254) 933-5200
Local Law Enforcement
Killeen Police Department
- Non-emergency: (254) 501-8800
- Accident reports: Available through KPD or TxDOT CRIS
Belton Police Department
- Non-emergency: (254) 933-5840
Bell County Sheriff’s Office
- Non-emergency: (254) 933-5400
Texas Department of Public Safety (DPS) – Killeen
- Non-emergency: (254) 634-2211
Dangerous Intersections in Killeen
Based on TxDOT data and local reports, these intersections have higher accident rates:
-
Clear Creek Road & Stan Schlueter Loop
- Heavy commuter traffic
- Multiple lanes in each direction
- Near shopping centers and restaurants
-
Fort Hood Street & Rancier Avenue
- Busy commercial corridor
- High volume of military traffic
- Multiple signalized intersections close together
-
Trimmier Road & Veterans Memorial Boulevard
- Near Fort Cavazos main gate
- Heavy truck and military vehicle traffic
- Congested during rush hours
-
WS Young Drive & Rancier Avenue
- Near Central Texas College
- Student and commuter traffic mix
- Multiple turning lanes
-
East Central Texas Expressway (Highway 190) & Fort Hood Street
- High-speed highway meets local traffic
- Complex merge and exit ramps
- Near major shopping centers
Local Insurance Adjusters
While we can’t name specific adjusters, these are the major insurance companies handling Killeen accident claims:
- State Farm
- Allstate
- Progressive
- GEICO
- Farmers
- USAA (common for military families)
- Texas Farm Bureau
- Nationwide
Lupe Peña’s experience working for a national defense firm means he knows how each of these companies operates and what tactics they use.
What to Do Right Now
If you’ve been injured in a car accident in Killeen, time is critical. Here’s what to do immediately:
- Call Attorney911 at 1-888-ATTY-911 for a free consultation. We answer 24/7.
- Don’t speak to any insurance company without legal representation.
- Seek medical attention even if you feel fine—adrenaline masks injuries.
- Document everything—take photos, get witness information, keep all records.
- Follow our 48-hour protocol to preserve evidence before it disappears.
Remember:
- Evidence disappears daily
- Insurance companies are already building their case against you
- You have only 2 years to file a lawsuit
- You pay nothing unless we win your case
Call now: 1-888-ATTY-911
Final Thoughts
Car accidents change lives in an instant. One moment, you’re going about your day in Killeen—heading to work, picking up the kids, running errands. The next moment, your life is turned upside down by someone else’s negligence.
At Attorney911, we’ve spent more than 25 years helping accident victims like you navigate the complex legal and medical landscape after a crash. We know the physical pain, the emotional trauma, and the financial stress you’re facing. We also know how to fight the insurance companies that try to take advantage of you.
With our unique combination of experience—Ralph’s decades of trial experience and Lupe’s insider knowledge of insurance company tactics—we have the tools to get you the compensation you deserve. Whether you were injured in a car accident on I-35, a truck crash near Fort Cavazos, or a pedestrian accident downtown, we’re ready to fight for you.
Don’t let the insurance company take advantage of you. Don’t let evidence disappear. Don’t let the statute of limitations expire.
Call Attorney911 today at 1-888-ATTY-911 for your free consultation. We don’t get paid unless we win your case.
You’ve suffered enough. Let us handle the legal battle while you focus on your recovery.