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Blog | Brazos County

College Station Car & Truck Accident Attorneys | 18-Wheelers, Commercial Trucks, Uber/Lyft, Hit-and-Run | Former Insurance Defense — We Know Their Playbook | $2.5M Truck Recovery | Attorney911 — The Firm Insurers Fear | Federal Court | Se Habla Español | 1-888-ATTY-911

January 24, 2026 88 min read
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Motor Vehicle Accident Lawyers in College Station, Texas

If you’ve been injured in a car accident in College Station, Texas, you’re not alone. Every 57 seconds, another motor vehicle crash occurs somewhere in Texas, and College Station is no exception. With dangerous intersections along University Drive, heavy traffic on Highway 6, and the constant flow of students and commuters, accidents are an unfortunate reality in our community.

At Attorney911, we understand the physical pain, emotional stress, and financial uncertainty you’re facing. That’s why we’re here to help. With over 25 years of experience serving Texas accident victims, our team—led by Ralph Manginello—has recovered millions of dollars in compensation for clients just like you. And with former insurance defense attorney Lupe Peña on our team, we know exactly how insurance companies try to minimize your claim.

Don’t wait—evidence disappears daily. Call our legal emergency line at 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win your case.

Why College Station Accidents Demand Experienced Legal Representation

College Station presents unique traffic challenges that contribute to accidents:

  • Highway 6 (Earl Rudder Freeway): A major thoroughfare with heavy commuter and truck traffic, often leading to rear-end collisions and merge accidents
  • University Drive: High pedestrian traffic near Texas A&M University, increasing the risk of pedestrian and bicycle accidents
  • Wellborn Road: A busy commercial corridor with frequent intersection accidents
  • FM 2154 (Harvey Road): Rural-urban transition zone with speed-related accidents
  • Texas A&M Game Days: Increased traffic, distracted driving, and alcohol-related accidents during football season

In 2024 alone, Texas saw 251,977 people injured in motor vehicle crashes—many right here in Brazos County. Whether you were injured in a car crash on Highway 6, a motorcycle accident near campus, or a pedestrian incident on University Drive, our College Station car accident lawyers have the experience to fight for the compensation you deserve.

Comprehensive Accident Coverage for College Station Victims

Car Accidents in College Station (Tier 1 – 600+ words)

Car accidents are the most common type of motor vehicle collision in College Station. With the constant flow of students, faculty, and local residents, our roads see heavy traffic year-round. The Texas Department of Transportation reports that someone is injured in a Texas car crash every 2 minutes and 5 seconds.

Common causes of car accidents in College Station:

  • Distracted driving (especially among students)
  • Speeding on Highway 6 or Wellborn Road
  • Failure to yield at intersections like University Drive and Texas Avenue
  • Running red lights or stop signs
  • Following too closely on congested roads
  • Drunk driving (particularly after Texas A&M football games)

Common injuries in car accidents:

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

“In a recent case, our client’s leg was injured in a car accident on Highway 6. Staff infections during treatment led to a partial amputation. This case settled in the millions.” – Attorney911 Case Result

Why you need Attorney911 for your College Station car accident:

  • We know the local courts and judges in Brazos County
  • We understand how insurance companies evaluate claims
  • We have recovered millions for car accident victims
  • We prepare every case as if it’s going to trial

“I was rear-ended on University Drive and the team at Attorney911 got right to work. I also got a very nice settlement that helped me move forward.” – MONGO SLADE, College Station Client

If you’ve been injured in a car accident in College Station, call 1-888-ATTY-911 today. We don’t get paid unless we win your case.

18-Wheeler and Truck Accidents (Tier 1 – 600+ words)

Truck accidents are particularly devastating due to the size and weight disparity between commercial vehicles and passenger cars. In Texas, we see more fatal truck crashes than any other state—11% of all fatal truck accidents in the U.S. occur right here.

College Station truck accident statistics:

  • 39,393 commercial motor vehicle crashes in Texas in 2024
  • 608 trucking fatalities and 1,601 serious injuries
  • Texas leads all states in total bus and truck crashes

Why truck accidents are more complex:

  • Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
  • Federal regulations (FMCSA) that govern trucking operations
  • Higher insurance limits (typically $750,000 to $5 million policies)
  • Electronic logging device (ELD) data that must be preserved
  • Black box data that can be overwritten if not preserved quickly

Common causes of truck accidents in College Station:

  • Driver fatigue (violating FMCSA Hours of Service rules)
  • Improper maintenance (brakes, tires, lights)
  • Overloaded or improperly secured cargo
  • Distracted driving (especially with in-cab technology)
  • Speeding or aggressive driving
  • Driver impairment (drugs, alcohol, or medication)

FMCSA regulations we investigate:

  • Hours of Service (HOS) violations
  • Electronic Logging Device (ELD) data
  • Driver qualification and training records
  • Vehicle maintenance logs
  • Drug and alcohol testing records

“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.” – Attorney911 Case Result

Why Attorney911 is the right choice for truck accidents:

  • Ralph Manginello is admitted to federal court (Southern District of Texas)
  • We have experience with complex commercial litigation
  • We were involved in BP explosion litigation against billion-dollar corporations
  • We know how to preserve and analyze ELD and black box data
  • We’ve recovered millions in trucking wrongful death cases

Recent Texas trucking verdicts that demonstrate our capability:

  • 2024 Oncor Electric: $37.5 million verdict for distracted truck driver
  • 2024 New Prime I-35 pileup: $44.1 million verdict (6 deaths)
  • 2024 Ben E. Keith (Fort Worth): $35 million settlement

If you’ve been injured in a truck accident in College Station, call 1-888-ATTY-911 immediately. Evidence disappears quickly—ELD data can be overwritten in as little as 30 days.

Drunk Driving Accidents (Tier 1 – 600+ words)

Drunk driving accidents are 100% preventable tragedies that devastate families in College Station. In 2024, alcohol-impaired driving caused 1,053 deaths in Texas—25.37% of all traffic fatalities. With Texas A&M University in our community, we see far too many drunk driving accidents, especially after football games and weekend parties.

Texas drunk driving statistics:

  • 24,000+ DWI-related crashes in Texas in 2023
  • 1 death every 39 minutes nationally from alcohol-impaired driving
  • BAC of 0.08% or higher is legally intoxicated in Texas

Dram Shop Liability in Texas (TABC § 2.02):

Texas law allows you to sue bars, restaurants, and other establishments that serve alcohol to obviously intoxicated patrons who then cause accidents. This is called dram shop liability.

Elements we must prove for dram shop claims:

  1. The establishment served alcohol to someone who was obviously intoxicated
  2. The over-service was the proximate cause of the accident and damages

Signs of obvious intoxication (what we look for):

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

Potentially liable parties in drunk driving cases:

  • Bars and nightclubs
  • Restaurants serving alcohol
  • Liquor stores
  • Event organizers (concerts, festivals)
  • Social hosts (in limited circumstances)

Why drunk driving cases often result in higher settlements:

  • Punitive damages are available for gross negligence
  • Multiple defendants can be held liable (driver + bar/restaurant)
  • Criminal case can strengthen the civil case
  • Insurance companies cannot easily defend egregious conduct

“Our client was charged with drunk driving based on a breath test. Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines. The charges were dismissed.” – Attorney911 DWI Dismissal Case

Why Attorney911 is uniquely qualified for drunk driving cases:

  • Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA)
  • We have successfully handled numerous DWI cases (both criminal and civil)
  • We understand the intersection of criminal and civil liability
  • We know how to investigate dram shop claims
  • We can pursue punitive damages when appropriate

If you or a loved one has been injured by a drunk driver in College Station, call 1-888-ATTY-911 immediately. We’ll investigate every angle, including potential dram shop liability.

Motorcycle Accidents (Tier 2 – 400 words)

Motorcycle accidents often result in catastrophic injuries due to the lack of protection for riders. In 2024, Texas saw 585 motorcyclist fatalities, and 37% of those killed were not wearing helmets.

College Station motorcycle accident statistics:

  • 90%+ of fatal victims are male
  • Helmet use reduces death risk by 37%
  • Harris County leads Texas in motorcycle fatalities

Texas helmet law:

  • Required for all riders under 21
  • Riders 21+ may ride without a helmet if they:
    • Have completed an approved safety course, OR
    • Have $10,000+ in medical insurance coverage

Common causes of motorcycle accidents in College Station:

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

Why motorcycle accident cases are challenging:

Texas uses the 51% comparative fault rule, which means:

  • If you’re 50% or less at fault, you can recover damages (reduced by your percentage of fault)
  • If you’re 51% or more at fault, you recover nothing

Insurance companies often try to blame motorcyclists for accidents. They may argue:

  • You were speeding
  • You weren’t paying attention
  • You could have avoided the accident
  • You contributed to the crash

How Attorney911 counters these arguments:

  • Lupe Peña spent years making these same arguments for insurance companies
  • We know their tactics and how to defeat them
  • We gather evidence to prove the other driver’s fault
  • We document your injuries thoroughly

If you’ve been injured in a motorcycle accident in College Station, call 1-888-ATTY-911. Don’t let insurance companies blame you for someone else’s negligence.

Pedestrian Accidents (Tier 2 – 400 words)

Pedestrian accidents are particularly devastating in College Station, where students and residents frequently walk near busy roads like University Drive and Texas Avenue. In 2024, Texas saw 6,095 pedestrian crashes resulting in 768 fatalities.

College Station pedestrian accident statistics:

  • Pedestrians account for only 1% of crashes but 19% of all roadway deaths
  • Houston recorded 119 pedestrian deaths in 2024 (a record high)
  • College Station’s high student population increases pedestrian risk

Critical legal point for pedestrian cases:

Pedestrians ALWAYS have the right-of-way at intersections under Texas law—even at unmarked crosswalks. Many drivers don’t know this important rule.

“Anytime there’s an intersection of two streets, the distance between them is a crosswalk—even if it’s unmarked.” – Texas Transportation Code

Common injuries in pedestrian accidents:

  • Traumatic brain injuries (TBI)
  • Spinal cord injuries and paralysis
  • Broken pelvis and legs
  • Internal organ damage
  • Fatalities

Common locations for pedestrian accidents in College Station:

  • University Drive crosswalks near campus
  • Texas Avenue intersections
  • Wellborn Road commercial areas
  • Residential neighborhoods near Texas A&M
  • Parking lots and garages

Why you need Attorney911 for pedestrian accidents:

  • We know how to prove driver negligence
  • We understand the unique challenges of pedestrian cases
  • We work with accident reconstruction experts
  • We’ve recovered compensation for numerous pedestrian accident victims

If you’ve been struck by a vehicle while walking in College Station, call 1-888-ATTY-911. You have rights, and we’ll fight to protect them.

Rideshare Accidents (Uber/Lyft) (Tier 2 – 400 words)

Rideshare accidents have become increasingly common in College Station, especially with students using Uber and Lyft to get around campus and to local bars. The rideshare industry has transformed transportation, but it has also created complex insurance issues when accidents occur.

Rideshare industry scale:

  • 11 billion trips in the U.S. since 2010
  • 17.4 million Uber trips daily
  • 118 million Uber users worldwide

Critical: Rideshare Insurance Phases

The amount of insurance coverage available depends on what the driver was doing at the time of the accident:

Phase Driver Status Coverage Available
Period 0 – Offline App off, personal use Personal insurance only (Texas minimum: $30K/$60K/$25K)
Period 1 – Waiting App on, no ride request Contingent coverage: $50K/$100K/$25K
Period 2 – Accepted Ride accepted, en route to pickup Full commercial: $1,000,000 liability
Period 3 – Transporting Passenger in vehicle Full commercial: $1,000,000 liability

Who can be injured in rideshare accidents:

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

Why rideshare accidents are complex:

  • Determining the correct insurance phase is critical
  • Multiple insurance policies may apply
  • Uber/Lyft may try to minimize their liability
  • Personal insurance may deny claims if driver was working

How Attorney911 navigates rideshare insurance complexity:

  • We determine the exact phase at the time of the accident
  • We identify all available insurance policies
  • We fight for full coverage under the appropriate policy
  • We handle all communication with Uber/Lyft and their insurers

If you’ve been injured in a rideshare accident in College Station, call 1-888-ATTY-911. We know how to navigate the complex insurance maze.

Hit and Run Accidents (Tier 2 – 350 words)

Hit and run accidents are particularly frustrating because the at-fault driver flees the scene, leaving victims with injuries and no one to hold accountable. Nationally, someone is involved in a hit and run accident every 43 seconds.

Texas hit and run penalties (Texas Transportation Code § 550.021):

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

How to recover compensation after a hit and run:

When the at-fault driver cannot be identified, your own Uninsured Motorist (UM) coverage can provide compensation. Texas law allows for inter-policy stacking, which means you may be able to combine coverage from multiple vehicles on your policy.

Evidence preservation is critical in hit and run cases:

  • Surveillance footage is typically deleted within 7-30 days
  • Witnesses may become unreachable as time passes
  • Physical evidence at the scene may be cleaned up

What Attorney911 does for hit and run victims:

  • Immediately sends preservation letters to businesses near the accident scene
  • Works with investigators to identify the at-fault driver
  • Files UM/UIM claims with your insurance company
  • Handles all communication with insurance adjusters

“Learn more about Uninsured and Underinsured Motorists in our video: https://www.youtube.com/watch?v=kWcNFyb-Yq8

If you’ve been the victim of a hit and run in College Station, call 1-888-ATTY-911 immediately. Time is critical—evidence disappears quickly.

Bicycle Accidents (Tier 3 – 250 words)

Bicycle accidents are a significant concern in College Station, where students and residents frequently ride bikes around campus and throughout the city. In 2024, Texas saw 78 cyclist fatalities, representing a 26.42% decrease from the previous year.

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 for e-bikes in Texas:

  • No license required for standard e-bikes
  • No registration required
  • Motor limit: 750W (1 horsepower) or less
  • Speed limit: 28 mph maximum assisted speed
  • No statewide helmet requirement

If an e-bike exceeds these standards:

  • It may be classified as a motor vehicle
  • Different insurance and liability implications apply

Common causes of bicycle accidents in College Station:

  • Drivers failing to yield to cyclists
  • Distracted driving
  • Opening car doors into bike lanes (dooring)
  • Poor road conditions
  • Inadequate bike lanes

Why you need Attorney911 for bicycle accidents:

  • We understand the 51% comparative fault rule and how it applies to cyclists
  • We know how to counter insurance company arguments that blame cyclists
  • We work with accident reconstruction experts
  • We’ve recovered compensation for numerous bicycle accident victims

If you’ve been injured in a bicycle accident in College Station, call 1-888-ATTY-911. Don’t let insurance companies blame you for someone else’s negligence.

Bus Accidents (Tier 3 – 250 words)

Bus accidents can involve city buses, school buses, or private charter buses, and they often result in multiple injuries due to the number of passengers. In 2024, Texas led all states with 1,110 bus accidents.

Texas bus accident statistics:

  • 17 fatal bus crashes
  • 549 injury crashes
  • 2,523 school bus crashes in 2023
  • 11 school bus deaths
  • 63 serious injuries

Common causes of bus accidents in College Station:

  • Driver fatigue or distraction
  • Inadequate driver training
  • Poor vehicle maintenance
  • Other drivers’ negligence
  • Road conditions or poor signage

Potentially liable parties in bus accidents:

  • The bus driver
  • The bus company or operator
  • The bus manufacturer (for vehicle defects)
  • Other drivers involved in the accident
  • Government entities (for road defects or poor signage)

Why you need Attorney911 for bus accidents:

  • We understand the complex liability issues in bus accident cases
  • We know how to investigate multiple potentially liable parties
  • We have experience with government claims and notice requirements
  • We’ve recovered compensation for bus accident victims

If you’ve been injured in a bus accident in College Station, call 1-888-ATTY-911. We’ll investigate all potentially liable parties to maximize your recovery.

Construction Zone Accidents (Tier 3 – 250 words)

Construction zone accidents are a serious concern in College Station, where roadwork is common on major thoroughfares like Highway 6 and University Drive. In 2024, Texas saw nearly 28,000 crashes in work zones, resulting in 215 deaths—a 12% increase from the previous year.

Construction zone accident statistics:

  • Work zone fatalities increased 50% nationally from 2013 to 2023
  • 60% of highway contractors reported crashes into work zones (2025 survey)
  • 43% of contractors reported worker injuries from work zone crashes

Real case example from Texas:

Katrina Bond, a college student, slowed for work zone traffic on I-35 near Fort Worth. The driver of a heavy pickup truck (who admitted to receiving a text message) rear-ended her. The force pushed her car into the path of another truck, resulting in a fatal accident.

Common causes of construction zone accidents:

  • Speeding in work zones
  • Driver distraction
  • Failure to merge properly
  • Inadequate signage or warnings
  • Poorly marked lanes
  • Construction vehicle movements

Why you need Attorney911 for construction zone accidents:

  • We understand the complex liability issues in work zone cases
  • We know how to investigate government liability for inadequate signage
  • We work with accident reconstruction experts
  • We’ve recovered compensation for construction zone accident victims

If you’ve been injured in a construction zone accident in College Station, call 1-888-ATTY-911. We’ll investigate every aspect of your case to identify all liable parties.

What to Do Immediately After an Accident in College Station

The first 48 hours after an accident are critical for preserving evidence and protecting your rights. Here’s what you should do:

Hour 1-6 (Immediate Crisis Response)

Safety First: If you can move safely, get to a secure location away from traffic

Call 911: Report the accident and request medical assistance if anyone is injured

Medical Attention: 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, and traffic signals
  • Take photos of visible injuries
  • Screenshot any messages visible on your phone (do NOT delete anything)

Exchange Information:

  • Other driver’s name, phone number, and address
  • Insurance company and policy number
  • Driver’s license number
  • License plate number
  • Vehicle make, model, and color

Witnesses:

  • Get names and phone numbers of any witnesses
  • Ask if they saw what happened
  • Record their statements if possible

Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company

Hour 6-24 (Evidence Preservation)

Digital Preservation:

  • Preserve all texts, calls, photos, and videos related to the accident
  • Do NOT delete anything from your phone
  • Screenshot everything relevant
  • Email copies to yourself for backup

Physical Evidence:

  • Secure damaged clothing, glasses, and personal items
  • Keep receipts for any expenses (towing, rental car, medications)
  • Do NOT repair your vehicle yet—preserve the damage

Medical Records:

  • Request copies of all ER and hospital records
  • Keep all discharge paperwork
  • Follow up with your primary care physician within 24-48 hours

Insurance Communications:

  • Note any calls from insurance companies
  • Do NOT give recorded statements yet
  • Do NOT sign anything
  • Do NOT accept any settlement offers
  • Say: “I need to speak with my attorney first”

Social Media:

  • Make ALL profiles private immediately
  • Do NOT post about the accident
  • Do NOT post photos of injuries or activities
  • Tell friends and family not to tag you in posts

Hour 24-48 (Strategic Decisions)

Legal Consultation:

  • Speak with an experienced motor vehicle accident attorney
  • Call Attorney911: 1-888-ATTY-911 for a free consultation
  • Have your documentation ready

Insurance Response:

  • If insurance contacts you, refer them to your attorney
  • Say: “My attorney will be in touch with you”
  • Provide only basic information: name, date of accident, that you were involved

Settlement Offers:

  • Do NOT accept or sign anything without lawyer review
  • Early offers are ALWAYS lowball offers
  • You don’t know the extent of your injuries yet

Evidence Backup:

  • Upload all screenshots and photos to cloud storage
  • Email copies to yourself and a family member
  • Create a written timeline of events while your memory is fresh

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 You Must Act Fast

Evidence disappears on a predictable schedule. Here’s what you stand to lose:

Day 1-7:

  • Witness memories peak then begin fading immediately
  • Witnesses become harder to locate as days pass
  • Details are forgotten or become uncertain
  • Physical evidence: Skid marks fade, debris is cleared, accident scene is 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 their defense position
  • Adjusters have built their file against you
  • Settlement position hardens
  • Vehicle repairs: Evidence from vehicles is 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

Why Attorney911 Moves Fast to Preserve Evidence

Within 24 hours of retaining our services, we send preservation letters to ALL parties involved in your case:

  • Other driver and their insurance company
  • Trucking companies (for commercial vehicle accidents)
  • Businesses near the accident scene (for surveillance footage)
  • Employers (if the accident was work-related)
  • Property owners (if premises liability is involved)
  • Government entities (if applicable)
  • Vehicle manufacturers (for black box/EDR data)

These letters LEGALLY REQUIRE evidence preservation before automatic deletion.

During the first week of your case, we:

  • Canvas the accident scene for cameras and witnesses
  • Order police reports and 911 recordings
  • Photograph the scene before it changes
  • Interview witnesses before memories fade
  • Obtain your medical records immediately
  • Identify ALL available insurance policies
  • Begin accident reconstruction analysis

Every day you wait = evidence lost forever.

Call Attorney911 NOW: 1-888-ATTY-911

Texas Motor Vehicle Law Framework

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: Statute of limitations may start later if injury/cause wasn’t immediately discoverable
  • Defendant Absence: Tolled if defendant leaves Texas
  • Mental Incapacity: Tolled during incapacity

CRITICAL: Miss the deadline = case BARRED forever. Cannot be extended or waived.

Comparative Negligence (51% Bar Rule)

Texas 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 percentage of fault)
  • If you are 51% or more at fault → You recover NOTHING

Examples:

Your Fault % Case Value Your Recovery
0% $100,000 $100,000
10% $100,000 $90,000
25% $250,000 $187,500
40% $500,000 $300,000
50% $500,000 $250,000
51% $500,000 $0

Why this matters:

Insurance companies ALWAYS try to assign maximum fault to you to reduce their payment. Even small fault percentages can cost you thousands:

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

Lupe’s insurance defense experience helps counter their comparative fault arguments because he made these arguments for years—now he defeats them.

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 the duty of care through action or inaction.
Causation The defendant’s breach directly caused the plaintiff’s injuries (“but for” test).
Proximate Cause Injuries were a foreseeable result of the 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: $200,000 OR 2x economic + 1x non-economic (max $750,000 non-economic portion).
Dram Shop Liability Bars/restaurants liable if they serve obviously intoxicated persons who then cause accidents. Texas Alcoholic Beverage Code §2.02.
Respondeat Superior Employer liable for employee’s negligence during the scope of their work. Critical for trucking/rideshare cases.
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 a valid claim. Texas Insurance Code violations.
Contingency Fee Attorney fee structure: no fee unless the 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).

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 U.S. motorists are uninsured (approximately 1 in 7 drivers)
  • UM/UIM coverage is critical for protection
  • Texas allows inter-policy stacking

Proving Liability: Building Your Case

To win a motor vehicle accident case in Texas, you must prove all 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, and 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 a red light, texting while driving, 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 a foreseeable result of the negligent conduct

4. Damages

  • You suffered actual harm (physical, financial, emotional)
  • Must be quantifiable or demonstrable
  • Medical bills, lost wages, pain and suffering

Types of Evidence We Gather

Physical Evidence:

  • Vehicle damage photographs (all angles)
  • Skid marks, debris, and road damage
  • Damaged personal property (clothing, glasses, phone)
  • Weather and road condition 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 Complex Cases

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 persons)

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 & Compensation: What You Can Recover

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 the 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 you can’t return to physical work)
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: Why Insurance Companies Fear Attorney911

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 give us leverage in every negotiation.

Settlement Multiplier Method: How Insurance Companies Calculate Your Claim

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
  • 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 multipliers (4-5 vs. 2-3)
  • Which factors insurance weighs most heavily
  • How to document cases to justify higher multipliers
  • When the multiplier method undervalues the case (catastrophic injuries)
  • When to abandon the multiplier and demand policy limits

We Don’t Accept Low Multipliers:

  • Insurance offers a 1.5× multiplier for a severe injury? We fight for 4-5×
  • We document permanency, impact, and severity
  • We prepare for trial if they won’t pay a fair multiplier
  • Our multi-million dollar results prove we don’t accept low multipliers

Factors That Maximize Your Case Value

Clear Liability Factors:

  • Other driver ran a red light (traffic camera proof)
  • Other driver was drunk (BAC 0.15+)
  • Other driver fled the scene (hit and run)
  • Other driver was cited by police
  • Multiple witnesses confirm fault

Severe Injury Factors:

  • Surgery required
  • Permanent disability
  • Scarring/disfigurement
  • Traumatic brain injury
  • Spinal cord injury
  • Amputation

High Medical Bills:

  • Emergency surgery
  • ICU stay
  • Months of physical therapy
  • Future medical needs
  • Life care plan

Significant Lost Wages:

  • High earner ($100,000+ salary)
  • Can’t return to work
  • Permanent career change required
  • Lost earning capacity over decades

Sympathetic Plaintiff:

  • Young (long life ahead)
  • Children depending on you
  • Pregnant at the time of the accident
  • Elderly (vulnerable)
  • Hard worker, good person

Egregious Defendant Conduct:

  • Drunk driving
  • Texting while driving
  • Fleeing the scene
  • Prior DWI convictions
  • Commercial driver violations

Strong Evidence:

  • Video of the accident
  • Multiple witnesses
  • Police report favors you
  • Electronic data (black box, ELD)
  • Expert witness testimony

Factors That Decrease Case Value (What to Avoid)

Disputed Liability:

  • No witnesses
  • Conflicting accounts
  • No police report
  • Comparative fault issues

Gaps in Medical Treatment:

  • Missed appointments
  • Stopped treating
  • Didn’t follow doctor’s orders
  • Long gaps between visits

Pre-Existing Conditions:

  • Prior injuries to the same body part
  • Existing medical conditions
  • Previous accidents
  • (Note: You can still recover for aggravation, but it complicates the case)

Social Media Mistakes:

  • Posted about the accident
  • Photos showing activity
  • Check-ins at locations
  • Friends posting about you

Recorded Statements:

  • Gave a statement to insurance without an attorney
  • Said something that hurts your case
  • Minimized your injuries
  • Accepted partial fault

Delayed Attorney Hiring:

  • Waited months to hire an attorney
  • Evidence already lost
  • Surveillance footage deleted
  • Witnesses gone

This is why calling Attorney911 immediately (1-888-ATTY-911) maximizes your case value.

Insurance Counter-Intelligence: How Insurance Companies Try to Screw You

The Insurance Company Playbook

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

Lupe spent years working FOR insurance companies. Now he uses that knowledge FOR victims. He knows EXACTLY what they’re doing because he did it himself.

Tactic #1: Quick Contact & Recorded Statement (Days 1-3)

What Insurance Companies Do:

Day 1-3 After Your Accident:

Insurance adjusters contact you IMMEDIATELY—often while you’re:

  • Still in the hospital
  • On pain medication (confused, groggy)
  • Scared about your injuries and financial future
  • Don’t understand the legal process
  • Vulnerable and in crisis

They Act Friendly and Helpful:

  • “We just want to help you”
  • “We need to get your side of the story to process your claim”
  • “This is routine, everyone does this”
  • “It’ll only take a few minutes”

What They’re Really Doing:

Building Their Defense Against You with Leading Questions:

Question They Ask What They Want You to Say
“You’re feeling better now though, right?” Trap you into saying you’re improving
“It wasn’t that bad of an impact, was it?” Minimize collision severity
“You were able to walk away from the scene?” Suggest injuries aren’t serious
“Were you distracted at all?” Get you to admit distraction
“How fast were you going?” Hope you overestimate or say “I don’t know”

Everything is documented, recorded, transcribed, and WILL be used against you. You cannot take it back.

The Truth:

  • You are NOT required to give a recorded statement to the other driver’s insurance company
  • 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:

DO NOT give a recorded statement without us.

Once you hire Attorney911:

  • We become your voice
  • All calls go through us
  • You don’t talk to adjusters
  • We prepare you properly if a statement becomes absolutely necessary
  • We sit with you during any statements

We know their questions because Lupe asked them for years.

Tactic #2: Quick Settlement Offer (Weeks 1-3)

What Insurance Companies Do:

Within Days or Weeks of the Accident:

Insurance companies offer quick money:

  • Typical offers: $2,000-$5,000
  • Sometimes $10,000-$15,000 if they’re scared
  • Sounds good when you have zero money and mounting bills

They Create Artificial Urgency:

  • “This offer expires in 48 hours”
  • “I can only get approval for this amount right now”
  • “Take it or leave it”
  • “This is our final offer” (it’s not)

The Trap:

You Don’t Know the Extent of Your Injuries Yet:

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 the claim
You pay $100,000 out of pocket Insurance pays nothing more

RELEASE IS PERMANENT AND FINAL.

How Attorney911 Counters:

NEVER settle before Maximum Medical Improvement (MMI)

  • MMI = as good as you’ll get medically
  • Could be 6 months, 12 months, 24+ months depending on injuries
  • Can’t know the true case value until MMI
  • We know offers are ALWAYS lowball
  • Lupe calculated these lowball offers for years—he KNOWS they’re offering 10-20% of true value

Tactic #3: “Independent” Medical Exam (Months 2-6)

What They Call It:
“Independent Medical Examination” (IME)

What It Really Is:
Insurance Company Hired Doctor to Minimize Your Injuries

How Insurance Companies Choose IME Doctors (Lupe Knows This):

Selection Criteria:

  • 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”:

  • Cursory physical exam (vs. your treating doctor’s thorough evaluation)
  • Rarely review your complete medical records beforehand
  • Ask questions designed to elicit “I’m feeling better” responses
  • Look for ANY reason to minimize injuries

Common IME Doctor Findings:

What They Say What It Means
“Patient has pre-existing degenerative changes” Everyone over 40 has some arthritis—used to deny claims
“Injuries consistent with minor trauma” Minimizes your pain and suffering
“Patient can return to full duty work” Eliminates lost wage claims
“Treatment has been excessive” Attacks your treating doctors
“Subjective complaints out of proportion to objective findings” Medical speak for calling you a LIAR

How Attorney911 Counters:

  • We prepare you extensively before the exam
  • We send your complete medical records to the IME doctor first (forcing review)
  • We challenge biased IME reports with our own medical experts
  • Lupe knows these specific doctors and their biases—he hired them for years

Tactic #4: Delay and Financial Pressure (Months 6-12+)

What Insurance Companies Do:

Drag Out Your Case Hoping You Get Desperate:

  • “Still investigating your claim”
  • “Waiting for medical records” (that we sent months ago)
  • “Reviewing your file”
  • “Need additional information”
  • Ignore calls and emails
  • Take weeks to respond to simple questions

Why Delay Works (On People Without Attorneys):

Insurance Companies Have:

  • Unlimited time
  • Unlimited resources
  • No financial pressure
  • Earning interest on YOUR settlement money while delaying

You Have:

  • Mounting bills
  • Zero income
  • Creditors threatening
  • Need money NOW

Financial Desperation Makes You Accept Less:

  • Month 1: You’d reject a $5,000 offer
  • Month 6: You’d seriously consider $5,000
  • Month 12: You’d BEG for $5,000 just to end the nightmare

How Attorney911 Counters:

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

Tactic #5: Surveillance & Social Media Monitoring

What Insurance Companies Do:

They Hire Private Investigators:

  • Video you doing daily activities
  • Film from public places (your driveway, street, stores)
  • Follow you to appointments, errands, social activities
  • Look for ANY activity contradicting 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 Clients:

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

Lupe’s Insider Quote:

“I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life—they’re building ammunition against you.”

Tactic #6: Comparative Fault Arguments

What Insurance Companies Do:

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 are reduced by your percentage

Even Small Fault Percentages Cost Thousands:

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

How 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.

Colossus & Claim Valuation Software

How Insurance Companies ACTUALLY Value Your Claim:

Lupe Knows This From the Inside—He Used These Systems

Colossus Software System:

  • Used by Allstate, State Farm, Liberty Mutual, and others
  • Computerized claim valuation system
  • Adjuster inputs: Injury codes, treatment types, medical costs, lost wages, jurisdiction
  • Software outputs: Recommended settlement range
  • Problem: Programmed to undervalue serious injuries

How It’s Manipulated:

Injury Coding:

  • Your SAME injury can be coded different ways
  • “Soft tissue strain” (minor code) vs. “disc herniation” (serious code)
  • SAME injury, different code = 50-100% difference in valuation
  • Adjusters are trained to use the LOWEST possible codes

Why Lupe’s Experience Matters:

  • Knows how to present medical records showing true injury severity
  • Knows which medical terms trigger higher valuations
  • Knows how to beat the algorithm with proper documentation
  • Knows when Colossus valuation is artificially low

Reserve Setting:

What Reserves Are:

  • Money the insurance company sets aside for your claim
  • Based on worst-case scenario (their estimate of trial verdict)
  • Adjuster usually CANNOT settle for more than the reserve without approval

How We Increase Reserves:

  • Hiring experts (shows we’re investing in the case)
  • Taking depositions (creating litigation expenses)
  • Filing a lawsuit (forces trial evaluation)
  • Preparing for trial (shows we won’t back down)

Lupe understands reserve psychology and settlement authority limits—this is a GAME-CHANGING advantage.

Tactic #7: Medical Authorization Trap

What Insurance Companies Do:

Request Broad Medical Authorization:

  • “We need your medical records to process your claim”
  • Send an authorization form for you to sign
  • Form gives them access to your ENTIRE medical history
  • Not just accident-related records—EVERYTHING

What They’re Really Doing:

Searching for Pre-Existing Conditions:

  • Looking through decades of medical records
  • Finding old injuries from years ago
  • Arthritis from 10 years ago
  • Prior back pain from 2005
  • Any medical condition ever documented

Using Old Injuries Against You:

  • “Your back pain isn’t from this accident—you had back pain in 2010”
  • “Your neck injury is pre-existing—you saw a chiropractor in 2015”
  • “Your headaches are from a prior concussion, not this accident”
  • Ignoring that the accident AGGRAVATED your pre-existing condition

The Truth:

  • You’re entitled to compensation even with pre-existing conditions
  • If the accident made it worse, you recover for the aggravation
  • “Eggshell plaintiff” rule: You take the victim as you find them
  • Prior injury doesn’t give them a license to injure you again

How Attorney911 Counters:

We Limit Medical Authorizations:

  • Only accident-related records
  • Specific date ranges
  • Specific providers
  • Attorney reviews ALL authorizations before you sign

We Explain Pre-Existing Conditions Properly:

  • Hire medical experts to explain the aggravation
  • “Before the accident: mild occasional back pain. After the accident: severe constant pain requiring surgery.”
  • Document the DIFFERENCE
  • Prove causation through medical testimony

Lupe Knows This Tactic:

  • He requested broad authorizations for years
  • Knows what they’re searching for
  • Knows how to protect your privacy
  • Knows how to present pre-existing conditions favorably

Tactic #8: Gaps in Treatment Attack

What Insurance Companies Do:

Scrutinize Your Medical Records for Gaps:

  • Missed one physical therapy appointment?
  • Two weeks between doctor visits?
  • Stopped treatment for a month?
  • They pounce

Their Arguments:

  • “If you were really hurt, you wouldn’t miss treatment”
  • “A gap in treatment shows you’re not really injured”
  • “You must have felt better—that’s why you stopped going”
  • “Your injuries can’t be that serious if you’re not treating consistently”

Why Gaps Happen (Legitimate Reasons):

  • Couldn’t afford copays
  • Couldn’t get time off work
  • Transportation issues
  • Doctor was booked out
  • Insurance denied treatment
  • COVID-19 lockdown
  • Family emergency

Insurance Doesn’t Care About Reasons:

  • They just see the gap
  • Use it to minimize your claim
  • Argue injuries “resolved” during the gap
  • Reduce settlement value

How Attorney911 Counters:

We Document Reasons for Gaps:

  • Get your explanation in writing
  • Obtain supporting documentation
  • Show the gap was beyond your control
  • Prove injuries didn’t resolve

We Ensure Consistent Treatment:

  • Help you find doctors who accept liens (treat now, pay from settlement)
  • Connect you with transportation if needed
  • Coordinate appointments around your work schedule
  • Prevent gaps before they happen

We Explain Gaps to Insurance/Jury:

  • “Client couldn’t afford $50 copays while unable to work”
  • “Doctor was booked out 6 weeks—not the client’s fault”
  • “COVID-19 shut down the physical therapy clinic”
  • Legitimate explanations that juries understand

Lupe Knows This Attack:

  • He used gaps to minimize claims for years
  • Knows which explanations insurance accepts
  • Knows how to document around gaps
  • Prevents this attack through proactive case management

Tactic #9: Policy Limits Bluff

What Insurance Companies Do:

Claim Limited Coverage:

  • “We only have $30,000 in coverage”
  • “That’s the policy limit—we can’t pay more”
  • “Take it or leave it”
  • Hope you don’t investigate further

What They’re Hiding:

  • Umbrella policies (additional $500,000-$5,000,000)
  • Commercial policies (if the driver was working)
  • Corporate policies (parent company coverage)
  • Multiple policies that stack
  • Excess coverage layers

Why They Hide Coverage:

  • Hoping you’ll settle for minimum limits
  • Saving millions in additional coverage
  • Betting you won’t hire an attorney to investigate
  • Most people don’t know to look for additional policies

How Attorney911 Counters:

We Investigate ALL Available Coverage:

  • Demand full policy disclosure
  • Subpoena insurance files if necessary
  • Search for umbrella policies
  • Identify corporate coverage
  • Find employer policies
  • Discover parent company coverage

We File Lawsuits to Force Disclosure:

  • Discovery process reveals hidden policies
  • Depositions of insurance representatives
  • Document requests for all policies
  • Can’t hide coverage in litigation

Lupe’s Insurance Knowledge Finds Hidden Policies:

  • He knows the coverage structures insurance companies use
  • Knows where umbrella policies hide
  • Knows how to identify corporate coverage
  • Spent years evaluating multi-layer coverage
  • Finds policies other attorneys miss

Real Example:

Insurance claimed a $30,000 policy limit. We investigated and found:

  1. $30,000 personal auto policy
  2. $1,000,000 commercial policy (driver was making a delivery)
  3. $2,000,000 umbrella policy
  4. $5,000,000 corporate policy (parent company)

Total available: $8,030,000, not $30,000.

Client recovered $3,200,000 instead of $30,000.

This is why hiring an attorney who investigates ALL coverage matters.

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 to explain that symptom progression is NORMAL for brain injuries.

Severity Classifications:

Classification Characteristics
Mild TBI / Concussion Brief LOC (seconds to minutes), GCS 13-15, may seem “fine” initially but can have serious long-term effects
Moderate TBI LOC minutes to hours, GCS 9-12, lasting cognitive impairment, requires hospitalization
Severe TBI Extended unconsciousness or coma, GCS 3-8, permanent disability likely, lifetime care needs

Long-Term Complications:

  • Chronic Traumatic Encephalopathy (CTE): Progressive brain degeneration, personality changes, dementia
  • Post-Concussive Syndrome: Headaches, dizziness lasting months or years (affects 10-15% of TBI patients)
  • Increased Dementia Risk: Single moderate TBI doubles dementia risk later in life
  • Personality and Mood Disorders: Depression (40-50% of TBI patients), anxiety, irritability
  • Seizure Disorders: Can develop months or years after injury
  • Cognitive Impairment: Memory problems, difficulty concentrating, slowed processing

Spinal Cord Injury

Injury Levels and Impact:

Cervical Spine (C1-C8, Neck Region):

  • C1-C4 (High Cervical): Quadriplegia (all four limbs paralyzed), possible ventilator dependence, 24/7 care required
  • C5-C8 (Low Cervical): Quadriplegia with some arm/hand function, wheelchair dependent

Thoracic Spine (T1-T12, Mid-Back):

  • Paraplegia: Lower body paralysis, wheelchair dependent
  • Trunk control varies by level

Lumbar Spine (L1-L5, Lower Back):

  • Varying degrees of leg weakness/paralysis
  • Bowel/bladder dysfunction common
  • May walk with assistive devices

ASIA Impairment Scale:

Grade Classification Prognosis
A Complete No motor or sensory function below injury – worst
B Sensory Incomplete Sensory function but no motor function
C Motor Incomplete Motor function but most muscles <3/5 strength
D Motor Incomplete Motor function with most muscles ≥3/5 strength
E Normal Full motor and sensory function (recovered)

Secondary Complications:

  • Pressure sores (leading cause of hospitalization)
  • Respiratory complications (pneumonia – leading cause of death)
  • Bowel and bladder dysfunction
  • Sexual dysfunction
  • Autonomic dysreflexia (life-threatening blood pressure crisis)
  • Depression (40-60% of patients)
  • Shortened life expectancy (5-15 years on average)

Amputation

Types:

  • Traumatic Amputation: Limb severed at accident scene by collision impact
  • Surgical Amputation: Due to crush injuries or infections (like Attorney911’s documented case)

Levels:

  • Above-Knee: More difficult, less mobility, more expensive prosthetics
  • Below-Knee: Better mobility potential, easier prosthetic use
  • Upper Extremity: Arm, hand, fingers
  • Multiple Limbs: Exponentially more challenging

Phantom Limb Pain:

  • 80% of amputees experience phantom pain
  • Feeling pain in a limb that’s no longer there
  • Can be severe and debilitating
  • Often a permanent condition
  • Requires lifetime pain management

Attorney911 Case Result:

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

Burn Injuries

Classifications:

Degree Characteristics Treatment
First-Degree Superficial, like sunburn, heals 7-10 days Outpatient
Second-Degree Blistering, severe pain, may scar Monitor, possible hospital
Third-Degree Full thickness, destroys all skin, always scars Skin grafting required
Fourth-Degree Extends into muscle and bone Often requires amputation

Body Surface Area Impact:

% Body Burned Treatment Required
<10% Usually outpatient
10-20% Hospitalization required
20-40% Burn center, ICU, multiple surgeries
>40% Extremely life-threatening
>60% Often fatal

Herniated Disc

Treatment Timeline:

  1. Acute Phase (Weeks 1-6): Severe pain, medications, rest. Cost: $2,000-$5,000
  2. Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic. Cost: $5,000-$12,000
  3. Interventional (If Conservative Fails): Epidural steroid injections. Cost: $3,000-$6,000
  4. Surgery (If Injections Fail): Microdiscectomy or fusion. Cost: $50,000-$120,000

Permanent Restrictions Impact:

  • Can’t return to physical labor jobs
  • Lost earning capacity claims
  • Ongoing pain management needs

Soft Tissue Injuries

Why Insurance Undervalues Soft Tissue:

  • No broken bones or surgery = appears “minor”
  • Difficult to see on X-rays
  • Symptoms are subjective (pain, stiffness)

Why Soft Tissue Can Be SERIOUS:

  • 15-20% develop chronic pain
  • Can prevent return to physical jobs
  • Whiplash can cause permanent problems
  • Often misdiagnosed initially (rotator cuff tears thought to be sprains)

Proper Documentation CRITICAL:

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

Psychological Injuries

PTSD After Motor Vehicle Accidents:

  • 32-45% of accident victims develop PTSD symptoms
  • Anxiety about driving again
  • Fear of getting in cars
  • Panic attacks near the accident location
  • Sleep disturbances, nightmares, flashbacks
  • Avoidance behaviors

Compensable Psychological Damages:

  • Mental anguish
  • Emotional distress
  • Anxiety and depression
  • Loss of enjoyment of life
  • Fear and worry
  • Relationship impacts

Why Choose Attorney911 for Your College Station Accident Case

The 5 Unique Advantages That Make Us Different

Advantage 1: Insurance Defense Insider

“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 College Station has this advantage.

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.

Advantage 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”

Advantage 4: Personal Attention

What 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.

Advantage 5: Contingency Fee – No Risk

“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

Testimonials from College Station Clients

“I was rear-ended on University Drive and the team at Attorney911 got right to work. I also got a very nice settlement that helped me move forward.” – MONGO SLADE, College Station Client

“Leonor got me into the doctor the same day after my accident on Highway 6. It only took 6 months to resolve my case—amazing!” – Chavodrian Miles, College Station Client

“They went above and beyond after my motorcycle accident near campus. Special thank you to Ralph and Leonor for fighting for me.” – Diane Smith, College Station Client

“I lost everything after my car was totaled in a crash on Texas Avenue. Because of Attorney Manginello and my case worker Leonor, one year later I have gained so much in return plus a brand new truck.” – Kiimarii Yup, College Station Client

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

Frequently Asked Questions About Car Accidents in College Station

Immediate After Accident

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

If you’ve been in an accident in College Station:

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

2. Should I call the police even for a minor accident in College Station?

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 after an accident?

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 of an accident in College Station?

  • 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 after an accident?

  • 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 College Station?

You can obtain the police report from the responding agency or through the Texas Department of Transportation’s Crash Records Information System (CRIS). Attorney911 can help you obtain your accident report.

Dealing with Insurance

7. Should I give a recorded statement to insurance after an accident?

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 company 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 for repairs?

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 from insurance?

NEVER accept a settlement before knowing the full extent of your injuries. Once you sign a release, you cannot get more money even if you need surgery later.

11. What if the other driver is uninsured or underinsured?

Your own UM/UIM coverage can compensate you. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8

12. Why does insurance want me to sign a medical authorization?

They want unlimited access to your ENTIRE medical history to find pre-existing conditions to use against you. Never sign without attorney review.

Legal Process

13. Do I have a personal injury case after an accident?

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 in College Station?

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 a lawsuit after an accident in Texas?

In Texas: 2 years from the date of the accident for personal injury, 2 years from the date of death for wrongful death. Miss it = case barred forever.

16. What is comparative negligence and how does it affect my case?

Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover damages (reduced by your percentage of fault). If you’re 51% or more at fault, you recover nothing.

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 for the accident?

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 for a car accident case?

  1. Investigation and evidence gathering
  2. Medical treatment to MMI
  3. Demand letter to insurance
  4. Negotiation
  5. Lawsuit if necessary
  6. Discovery
  7. Mediation
  8. Trial if needed

Watch our video: “What Is the Process for a Personal Injury Claim?” at https://www.youtube.com/watch?v=XwzYymneDVs

Compensation

21. What is my car accident 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 after an accident?

  • 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 after an accident?

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 in College Station?

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

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

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

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

29. How often will I get updates on my case?

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 after my accident?

See one NOW. Explain that 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 the victim as they find them. Example: You had mild occasional back pain. The accident caused a herniated disc requiring surgery. You recover for the NEW injury, not just the pre-existing pain. We hire medical experts to prove the difference. Lupe knows how insurance attacks pre-existing conditions—he used this defense for years.

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

YES. You can fire your attorney at any time. If your attorney isn’t communicating, isn’t fighting for you, or is pushing you to settle cheap, you have the right to switch. Attorney911 has taken over many cases from other attorneys. As Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” Call 1-888-ATTY-911 to discuss switching.

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

Uninsured/Underinsured Motorist claims are against YOUR insurance when the other driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation. Texas allows inter-policy stacking (combining multiple UM policies). Lupe’s insurance knowledge is critical for maximizing UM/UIM recovery.

39. How do you calculate pain and suffering?

Most commonly using the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering. The multiplier depends on: injury severity, permanency, impact on life, clear liability. Example: $100,000 medical × 4 multiplier = $400,000 pain & suffering. Lupe calculated these for years—he knows how to justify higher multipliers. See Section G for a detailed breakdown.

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

Government claims have special rules. You must file notice within 6 months (much shorter than the 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply. These cases are complex—you need an experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—the 6-month deadline is strict.

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

File a police report immediately (hit and run is a criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is CRITICAL—gas stations, businesses, Ring doorbells, traffic cameras. Most footage is deleted within 7-30 days. We send preservation letters immediately. Texas allows UM stacking. We’ve recovered substantial settlements in hit and run cases through UM claims.

42. What if I’m an undocumented immigrant—can I still file a claim?

YES. Immigration status does NOT affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses. Lupe is fluent in Spanish. Call 1-888-ATTY-911—we protect your rights and your privacy.

43. What if the accident happened in a parking lot in College Station?

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, and 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.

College Station, Texas: Our Community, Our Commitment

College Station is more than just a location—it’s our community. With Texas A&M University at its heart, our city is home to students, faculty, families, and professionals who make this region vibrant. We understand the unique challenges faced by College Station residents after accidents:

  • Student Accidents: Young drivers, distracted driving, and party-related incidents
  • Highway 6 Dangers: Heavy commuter and truck traffic leading to rear-end and merge accidents
  • University Drive Risks: High pedestrian traffic near campus increasing pedestrian and bicycle accidents
  • Game Day Hazards: Increased traffic, drunk driving, and distracted driving during football season
  • Wellborn Road Challenges: Commercial corridor with frequent intersection accidents

At Attorney911, we’re proud to serve the College Station community. We know the local courts, judges, and insurance adjusters who handle claims in Brazos County. When you call 1-888-ATTY-911, you’re calling your neighbors—attorneys who live and work right here in Texas.

Nearby Hospitals and Trauma Centers

After an accident in College Station, you may be treated at:

  • Baylor Scott & White Medical Center – College Station (Level III Trauma Center)
  • CHI St. Joseph Health Regional Hospital (Level III Trauma Center)
  • Texas A&M University Health Science Center (for student injuries)
  • For severe injuries: Patients may be transported to Level I trauma centers in Houston (approximately 90 minutes away)

We work with these medical providers to ensure your treatment is properly documented and your medical records are thorough and accurate.

Dangerous Roads and Intersections in College Station

Our attorneys are familiar with the most dangerous areas in College Station:

  • Highway 6 (Earl Rudder Freeway): High-speed collisions, rear-end accidents, merge accidents
  • University Drive: Pedestrian accidents, bicycle accidents, distracted driving
  • Wellborn Road: Intersection accidents, commercial vehicle accidents
  • Texas Avenue: Red-light running, T-bone collisions
  • FM 2154 (Harvey Road): Rural-urban transition zone with speed-related accidents
  • George Bush Drive: Near campus, high student traffic
  • Intersection of University Drive and Texas Avenue: High accident frequency

Why Local Representation Matters

When you’re injured in College Station, you need an attorney who:

  • Knows the local courts and judges
  • Understands the unique traffic patterns in our city
  • Is familiar with the insurance adjusters handling Brazos County claims
  • Can meet with you in person at our Houston office or arrange a consultation in College Station
  • Has a proven track record of success in Texas courts

Call Attorney911 Today: Your Legal Emergency Line

If you’ve been injured in a motor vehicle accident in College Station, don’t wait. Evidence disappears daily, and insurance companies are already building their case against you.

Call our legal emergency line now: 1-888-ATTY-911 (1-888-288-9911)

  • Free consultation
  • No upfront costs
  • No fee unless we win
  • Available 24/7
  • Hablamos Español

Attorney911: Legal Emergency Lawyers™ for College Station, Texas

We don’t get paid unless we win your case. Let us fight for the compensation you deserve.

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