Comprehensive Motor Vehicle Accident Guide for De Kalb, Texas
If You’ve Been Injured in a De Kalb Car Accident, We’re Here to Help
Every 57 seconds, a motor vehicle crash occurs somewhere in Texas. In De Kalb and Bowie County, these accidents happen on our local roads, at dangerous intersections, and along the busy highways that connect our community to the rest of Texas. When they do, lives are changed in an instant—medical bills pile up, work becomes impossible, and the insurance companies start building their case against you.
At Attorney911, we understand what you’re going through. Ralph Manginello has been fighting for accident victims across Texas for more than 25 years. Our team includes Lupe Peña, a former insurance defense attorney who knows exactly how insurance companies try to minimize your claim. We’ve recovered millions for our clients, including multi-million dollar settlements for catastrophic injuries right here in Northeast Texas.
If you or a loved one has been hurt in a car accident, truck crash, or any other motor vehicle collision in De Kalb, call our legal emergency line: 1-888-ATTY-911. We don’t get paid unless we win your case.
The Reality of Motor Vehicle Accidents in De Kalb and Bowie County
De Kalb may be a small town, but our roads see their share of serious accidents. Whether you’re driving on US Highway 259, FM 989, or the local streets that connect our community, the risk is real:
- 251,977 people injured in Texas motor vehicle crashes in 2024
- 1 crash every 57 seconds somewhere in Texas
- 1 person injured every 2 minutes and 5 seconds
- 4,150 fatalities on Texas roads in 2024
In Bowie County, we see accidents caused by distracted driving, speeding, failure to yield, and drunk driving. The mix of local traffic, commercial vehicles, and through traffic creates unique dangers for De Kalb residents.
Ralph Manginello has been handling these cases since 1998. He’s seen how insurance companies operate, and he knows how to fight them. With offices serving all of Texas, we’re ready to help De Kalb accident victims get the compensation they deserve.
Common Types of Motor Vehicle Accidents in De Kalb
Car Accidents (Tier 1 – Most Common)
Car accidents are the most frequent type of motor vehicle collision in De Kalb. These crashes can happen anywhere—at intersections, on rural roads, or on highways like US 259.
Common causes in De Kalb:
- Distracted driving (texting, phone use)
- Speeding on local roads
- Failure to yield at intersections
- Running red lights or stop signs
- Following too closely
- Drunk or drugged driving
Common injuries:
- Whiplash and soft tissue injuries
- Herniated discs
- Broken bones and fractures
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Internal organ damage
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.”
What this means for you:
Even what seems like a minor car accident can lead to life-changing injuries. The insurance company will try to minimize your claim, but we know how to prove the full extent of your damages. As client Chavodrian Miles said: “Leonor got me into the doctor the same day…it only took 6 months amazing.”
If you’ve been injured in a De Kalb car accident, call 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win your case.
18-Wheeler and Trucking Accidents (Tier 1 – Most Dangerous)
With US Highway 259 running through Bowie County and connecting to major interstates, De Kalb sees its share of commercial truck traffic. These massive vehicles—weighing up to 80,000 pounds—can cause catastrophic damage when involved in accidents.
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 to $5,000,000+)
- Electronic Logging Device (ELD) data can prove violations
- Black box data records speed, braking, and other critical information
Common causes in De Kalb area:
- Driver fatigue (violating Hours of Service regulations)
- Improper maintenance
- Overloaded or improperly secured cargo
- Speeding or aggressive driving
- Distracted driving (phone use, paperwork)
- Drunk or drugged driving
Attorney911 Case Result:
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”
Why this matters for De Kalb residents:
Ralph Manginello is admitted to federal court in the Southern District of Texas, which is crucial for handling trucking cases that often involve federal regulations. Our firm was also one of the few involved in BP explosion litigation—showing we have the experience to take on billion-dollar corporations.
If you’ve been injured in a trucking accident in De Kalb or anywhere in Bowie County, time is critical. ELD and black box data can be overwritten in as little as 30 days. Call 1-888-ATTY-911 immediately to preserve evidence.
Drunk Driving Accidents (Tier 1 – 100% Preventable)
Drunk driving is a serious problem in Texas, and De Kalb is not immune. These accidents are 100% preventable and often result in catastrophic injuries or wrongful death.
Texas drunk driving statistics (2024):
- 1,053 alcohol-impaired driving deaths (25.37% of all fatalities)
- 24,000+ DWI-related crashes in Texas
- 1 death every 39 minutes nationally from alcohol-impaired driving
Texas law:
- Legal limit: 0.08% BAC (Texas Penal Code § 49.04)
- Commercial drivers: 0.04% BAC
- Under 21: Zero tolerance (0.00% BAC)
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
Potentially liable parties:
- The drunk driver
- Bars and nightclubs
- Restaurants serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Social hosts (in limited circumstances)
Why drunk driving cases are valuable:
- Punitive damages available for gross negligence
- Multiple defendants can increase recovery
- Criminal case can strengthen civil case
- Insurance companies have less leverage
Attorney911’s advantage:
Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), giving us unique experience handling both criminal and civil aspects of drunk driving cases. We’ve had multiple DWI cases dismissed, showing our investigation skills:
- DWI #1: Breathalyzer machine improperly maintained – dismissed
- DWI #2: No breath or blood test, missing EMS and hospital notes – dismissed day of trial
- DWI #3: Video showed client not drunk – dismissed
If you’ve been injured by a drunk driver in De Kalb, call 1-888-ATTY-911 immediately. We’ll investigate every angle, including dram shop liability, to maximize your recovery.
Motorcycle Accidents (Tier 2 – High Risk)
Motorcycle riders face unique risks on De Kalb roads. Without the protection of a vehicle, riders are vulnerable to serious injuries in even minor collisions.
Texas motorcycle statistics (2024):
- 585 motorcyclist fatalities
- 37% of fatalities were not wearing helmets
- 90%+ of fatal victims are male
- Helmets reduce risk of death by 37%
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
Common causes in De Kalb:
- 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 uses the 51% bar rule. If you’re found to be 51% or more at fault, you recover nothing. Insurance companies often try to blame the motorcyclist. Lupe Peña’s experience as a former insurance defense attorney helps counter these arguments.
If you’ve been injured in a motorcycle accident in De Kalb, don’t let the insurance company blame you. Call 1-888-ATTY-911 for a free consultation.
Pedestrian Accidents (Tier 2 – Most Vulnerable)
Pedestrians are the most vulnerable road users in De Kalb. When struck by a vehicle, pedestrians often suffer catastrophic injuries.
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:
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
If you’ve been struck by a vehicle while walking in De Kalb, you need an attorney who understands pedestrian rights. Call 1-888-ATTY-911 today.
What to Do Immediately After an Accident in De Kalb
The 48-Hour Protocol: Protecting Your Rights
If you’ve been in an accident in De Kalb, what you do in the first 48 hours can make or break your case. Follow this protocol to protect your rights:
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 emergency room 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
Why Time is Critical
Evidence disappears daily:
- Surveillance footage deleted in 7-30 days
- Witness memories fade
- ELD/black box data can be overwritten in 30-180 days
- Insurance companies start building their case against you immediately
Within 24 hours of retaining Attorney911, 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)
- Vehicle manufacturers (for black box data)
These letters LEGALLY REQUIRE evidence preservation before automatic deletion.
Every day you wait, evidence is lost forever. Call 1-888-ATTY-911 now.
Texas Motor Vehicle Law Framework
Statute of Limitations: The 2-Year Deadline
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: The 51% Bar Rule
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.
How Insurance Companies Try to Screw You (And How We Stop Them)
Lupe Peña spent years working for a national insurance defense firm. He knows exactly how insurance companies try to minimize your claim because he used these tactics himself. Now he uses that knowledge to fight FOR you.
Tactic #1: The Quick Contact & Recorded Statement Trap
What they do:
Within days of your accident, an insurance adjuster will contact you—often while you’re still in the hospital or on pain medication. They’ll sound 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 case against you with leading questions designed to trap you:
| Question They Ask | What They Want You to Say |
|---|---|
| “You’re feeling better now though, right?” | Trap you into saying you’re improving |
| “It wasn’t that bad of an impact, was it?” | Minimize collision severity |
| “You were able to walk away from the scene?” | Suggest injuries not 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:
Once you hire us, we become your voice. We handle all communication with the insurance company. If a recorded statement becomes absolutely necessary, we:
- Prepare you extensively beforehand
- Sit with you during the statement
- Ensure the questions are fair and relevant
Lupe’s insider quote:
“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.”
Tactic #2: The Quick Settlement Offer Scam
What they do:
Within days or weeks of your accident, the insurance company will offer you 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. Many serious injuries don’t show symptoms immediately:
| What Happens | Result |
|---|---|
| Day 3: Insurance offers $3,500 “final settlement” | You’re desperate, in pain, scared |
| You sign the release | You think it’s over |
| Week 6: MRI shows herniated disc requiring surgery | Surgery costs $100,000 |
| TOO LATE | You signed the release, can’t reopen claim |
| You pay $100,000 out of pocket | Insurance pays nothing more |
The release is permanent and final.
How Attorney911 counters:
We NEVER settle before you’ve reached Maximum Medical Improvement (MMI). This is the point where you’ve recovered as much as you’re going to – which could be 6 months, 12 months, or even longer depending on your injuries.
Lupe calculated these lowball offers for years when he worked for insurance companies. He knows they’re offering 10-20% of what your case is really worth.
Tactic #3: The “Independent” Medical Exam (IME) Scam
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 they choose IME 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 the 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 your injuries
Common IME doctor findings:
| What They Say | What It Means |
|---|---|
| “Patient has pre-existing degenerative changes” | Everyone over 40 has some arthritis – used to deny claims |
| “Injuries consistent with minor trauma” | Minimizes your pain and suffering |
| “Patient can return to full duty work” | Eliminates lost wage claims |
| “Treatment has been excessive” | Attacks your treating doctors |
| “Subjective complaints out of proportion to objective findings” | Medical speak for calling you a LIAR |
How Attorney911 counters:
- We prepare you extensively before the exam
- We send your complete medical records to the IME doctor first (forcing them to 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 they do:
They drag your case out for months or even years, hoping you’ll get desperate:
- “Still investigating your claim”
- “Waiting for medical records” (that we sent months ago)
- “Reviewing your file”
- “Need additional information”
- Ignore calls and emails
- Take weeks to respond to simple questions
Why delay works:
Insurance companies have:
- Unlimited time
- Unlimited resources
- No financial pressure
- Earning interest on YOUR settlement money while delaying
You have:
- Mounting bills
- Zero income
- Creditors threatening
- Need money NOW
Financial desperation makes you accept less:
- Month 1: You’d reject $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 to make them produce witnesses
- We prepare for trial to show we’re serious
- Lupe understands delay tactics because he used them – knows when to push
Tactic #5: Surveillance and Social Media Monitoring
What they 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:
| 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 our clients:
- Make ALL profiles private immediately
- DON’T post about accident, injuries, activities, emotions, case
- 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 case
- Assume EVERYTHING is being monitored
Tactic #6: Comparative Fault Arguments
What they do:
They try to assign you MAXIMUM fault to reduce their payment:
- “You were speeding” (without evidence)
- “You weren’t paying attention” (speculation)
- “You could have avoided this” (hindsight bias)
- “You were distracted” (guessing)
- “You contributed to this accident” (shifting blame)
Why they do this:
Texas 51% bar rule means:
- If you’re 51%+ at fault → You get NOTHING
- If you’re 50% or less at fault → Your damages 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.
How We Prove Your Case and Maximize Your Recovery
The Four Elements of Negligence
To win your case, we must prove all four elements:
-
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)
-
Breach of Duty
- The at-fault driver violated their duty of care
- Examples: speeding, running red light, texting, DUI, failing to yield
-
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
-
Damages
- You suffered actual harm (physical, financial, emotional)
- Must be quantifiable or demonstrable
- Medical bills, lost wages, pain and suffering
Evidence We Collect
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, there are multiple parties who can be held 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.
What You Can Recover: Damages and Compensation
Types of Damages
Economic Damages (No Cap in Texas):
- Medical expenses (past and future)
- Lost wages and lost 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)
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):
- 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):
- Past Medical: $198,000-$638,000
- Future Medical: $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:
- Lifetime Care Costs: $2,500,000-$25,880,000+
- Settlement Range: $4,770,000-$25,880,000
Amputation:
- Past Medical: $170,000-$480,000
- Future Medical: $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: $1,060,000-$4,520,000
- Non-Economic Damages: $850,000-$5,000,000
- 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.”
Why Choose Attorney911 for Your De Kalb 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 De Kalb 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
What our clients say:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad Harris
“I never felt like ‘just another case’ they were working on.” – Ambur Hamilton
“Ralph reached out personally.” – Dame Haskett
“Consistent communication and not one time did i call and not get a clear answer.” – Dame Haskett
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
Client Testimonials: Real Stories from Real Clients
Personal Communication & Care
Brian Butchee: “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.”
Stephanie Hernandez: “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.”
Chelsea Martinez: “Special thank you to my attorney, Mr. Pena, for your kindness and patience with my repeated questions.”
Kelly Hunsicker: “Leonor and Amanda were amazing, they walked me through everything with my car accident.”
Dame Haskett: “Consistent communication and not one time did i call and not get a clear answer…Ralph reached out personally.”
Ambur Hamilton: “I never felt like ‘just another case’ they were working on.”
Chad Harris: “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
Diane Smith: “They went above and beyond! Special thank you to Ralph and Leanor.”
Results & Speed
Donald Wilcox: “One company said they would not except my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.”
Tymesha Galloway: “Leonor is the best!!! She was able to assist me with my case within 6 months.”
Hannah Garcia: “Mariela and Zulema have done such a fantastic job…gone above and beyond to get my case settled quickly!”
Nina Graeter: “Highly recommend! They moved fast and handled my case very efficiently.”
Tracey White: “She had received a offer but she told me to give her one more week because she knew she could get a better offer.”
Chavodrian Miles: “Leonor got me into the doctor the same day…it only took 6 months amazing.”
MONGO SLADE: “I was rear-ended and the team got right to work…I also got a very nice settlement.”
Kiimarii Yup: “I lost everything… my car was at a total loss and because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return plus a brand new truck.”
Switching from Other Attorneys
Greg Garcia: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
Madison Wallace: “Leonor is absolutely phenomenal. She truly cares about her clients.”
Beth Bonds: “Ralph Manginello took his bogus case and had it dismissed within a WEEK! I have been trying for over 2 years.”
CON3531: “They took over my case from another lawyer and got to working on my case.”
Angel Walle: “They solved in a couple of months what others did nothing about in two years.”
Spanish Language Services
Maria Ramirez: “The support provided at Manginello Law Firm was excellent…They worked hard to do their best.”
Eduard Marin: “Thank you for your excellent work; I highly recommend you.”
Celia Dominguez: “Especially Miss Zulema, who is always very kind and always translates.”
Miguel J. mayo bermudez: “Melani, thank you for your excellent work.”
Ralph’s Personal Involvement
S M: “Attorney Manginello is so knowledgeable but straight to the point…responded quickly even while he was away.”
Ken Taylor: “He listened intently heard my concerns and issues and immediately began working to protect my rights.”
Jamin Marroquin: “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined throughout the 19 months.”
AMAZIAH A.T: “Ralph Manginello is indeed the best attorney I ever had..He cares greatly about his results.”
Manraj: “Ralph has kept me up to date on the case, checked in on me.”
Cassie Wright: “Ralph is an AMAZING ATTORNEY. I have used him 2 TIMES FOR 2 separate cases the first case he got me an OFF DOCKET DISSMISSAL! And the other only 10 months probation. He gets the JOB DONE RIGHT!!!!”
Overall Excellence
Dean Jones: “Best lawyers in the city…fast return..and they really care about their clients.”
Monty Cazier: “Very professional and got good results.”
Bill Spragg: “Mr. Manginello got us a nice result in my wife’s injury.”
Ernest Cano: “Mr. Maginello and his firm are first class. Will fight tooth and nail for you.”
Glenda Walker: “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.”
Kiwi Potato: “This place feels like having a family over your case. And communication with you every step of the way. That’s how you know you’re in good hands.”
Frequently Asked Questions About De Kalb Car Accidents
Immediate After Accident
1. What should I do immediately after a car accident in De Kalb?
If you’ve been in an accident in De Kalb:
- 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 other driver
- Get witness names and phone numbers
- Do NOT give recorded statement to any insurance company
- Call Attorney911: 1-888-ATTY-911
2. Should I call the police even for a minor accident?
Yes. Always call police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000.
3. Should I seek medical attention if I don’t feel hurt?
ABSOLUTELY. Many serious injuries don’t show symptoms immediately:
- Traumatic brain injuries can take days to manifest
- Internal bleeding may not be obvious
- Herniated discs may not cause pain for weeks
- Adrenaline masks pain at the scene
Insurance companies use delays in treatment against you. Get checked immediately.
4. What information should I collect at the scene?
- Other driver: name, phone, address, driver’s license, insurance
- Vehicle: make, model, color, license plate
- Witnesses: names and phone numbers
- Photos: all vehicle damage, injuries, road conditions, traffic signals
- Police: officer name, badge number, report number
5. Should I talk to the other driver or admit fault?
- Exchange information only
- Do NOT discuss fault
- Do NOT apologize or say “I’m sorry” (can be used as admission)
- Do NOT give your opinion on what happened
- Stick to facts only
6. How do I obtain a copy of the accident report?
In De Kalb, you can obtain the police report from the Bowie County Sheriff’s Office 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 recorded statement. Do NOT discuss injuries or fault.
9. Do I have to accept the insurance company’s estimate?
No. Their estimate is just an offer. It’s usually far below actual value. Attorney911 fights for what your case is really worth.
10. Should I accept a quick settlement offer?
NEVER accept settlement before knowing full extent of 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 contingency: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.
Watch our video: “How Do Contingency Fees Work?” at https://www.youtube.com/watch?v=upcI_j6F7Nc
28. What does “no fee unless we win” mean?
You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.
29. How often will I get updates?
Attorney911 provides regular updates. As client Dame Haskett said: “Consistent communication and not one time did i call and not get a clear answer.”
30. Who will actually handle my case?
At Attorney911, you work directly with Ralph Manginello and Lupe Peña, not just paralegals. As Chad Harris said: “You are NOT just some client…You are FAMILY to them.”
31. What if I already hired another attorney?
You can switch. As client Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
Mistakes to Avoid
32. What common mistakes can hurt my case?
- Giving recorded statement without attorney
- Accepting 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 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 severity of 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. The multiplier depends on: injury severity, permanency, impact on life, clear liability. Example: $100,000 medical × 4 multiplier = $400,000 pain and suffering. Lupe calculated these for years—he knows how to justify higher multipliers. 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 the 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply. These cases are complex—you need an experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—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 in 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.
Why De Kalb Residents Choose Attorney911
De Kalb may be a small town, but our legal needs are just as serious as anywhere else in Texas. When you’ve been injured in a car accident, truck crash, or any other motor vehicle collision, you need a law firm that understands our community and knows how to fight for maximum compensation.
We Know De Kalb and Bowie County
While we serve all of Texas from our offices in Houston, Austin, and Beaumont, we understand the unique challenges faced by De Kalb residents. Whether your accident happened on US Highway 259, FM 989, or the local streets of De Kalb, we know the roads, the courts, and the insurance adjusters who handle claims in this area.
We Fight for the Little Guy
Insurance companies have unlimited resources. They hire teams of adjusters and attorneys to minimize your claim. You need someone on your side who can fight back. Ralph Manginello has been doing this for 25+ years. Lupe Peña knows their tactics from the inside. Together, we level the playing field.
We Get Results
Our results speak for themselves:
- Multi-million dollar settlements for catastrophic injuries
- Millions recovered in trucking wrongful death cases
- Significant settlements for car accident victims
- Cases others wouldn’t take
As client Glenda Walker said: “They fought for me to get every dime I deserved.”
We’re Here When You Need Us
Accidents don’t happen on a 9-to-5 schedule. That’s why our legal emergency line is always open: 1-888-ATTY-911. When you call, you’ll speak with someone who can help immediately—not a call center in another state.
No Fee Unless We Win
We understand that accident victims are facing financial hardship. That’s why we work on a contingency fee basis. You pay nothing upfront. We advance all case costs. We don’t get paid unless we win your case.
If You’ve Been Injured in De Kalb, Call Now
Every day you wait, evidence disappears. Surveillance footage is deleted. Witness memories fade. The insurance company is building their case against you.
Don’t face this alone. Call Attorney911 now for a free consultation:
📞 1-888-ATTY-911 (1-888-288-9911)
🌐 https://attorney911.com/contact/
Se habla español. Lupe Peña and our team are ready to help Spanish-speaking clients.
We don’t get paid unless we win your case. There’s no risk to you—only the chance to get the compensation you deserve.
Remember: The insurance company has a team working against you. You need a team fighting for you. Call 1-888-ATTY-911 today.
