Motor Vehicle Accidents in Caldwell: How Attorney911 Fights for Your Rights
If you’ve been injured in a motor vehicle accident in Caldwell, Burleson County, Texas, you’re not alone. With over 251,977 people injured in Texas car crashes in 2024 alone – that’s one person every 2 minutes and 5 seconds – motor vehicle accidents are an unfortunate reality on our roads. Here in Caldwell, whether you’re traveling on Highway 21, FM 166, or the bustling streets of downtown, accidents can happen in an instant, leaving victims with serious injuries, mounting medical bills, and uncertainty about their future.
At Attorney911, we understand the overwhelming challenges you’re facing. Founded by Ralph Manginello, who brings over 25 years of legal experience to every case, our firm has been serving Texas accident victims since 2001. We know Caldwell’s roads, we know Texas law, and most importantly, we know how insurance companies try to minimize your claim. That’s why we’re here to fight for you.
The Reality of Motor Vehicle Accidents in Caldwell
Caldwell sits at the crossroads of several major transportation routes, making our community vulnerable to various types of motor vehicle accidents. From the agricultural traffic on FM 166 to the commuter traffic on Highway 21, our roads see a mix of local drivers, commercial vehicles, and through traffic. This diversity of vehicles and drivers creates unique accident risks for Caldwell residents.
In Texas, we see:
- One reportable crash every 57 seconds
- One person killed every 2 hours and 7 minutes
- One person injured every 2 minutes and 5 seconds
These aren’t just statistics – they represent real people, real families, and real lives changed forever. If you’re reading this after an accident in Caldwell, you’re likely dealing with physical pain, emotional stress, and financial uncertainty. We want you to know that you don’t have to face this alone.
Why Choose Attorney911 for Your Caldwell Accident Case
When you’re injured in an accident, you need more than just a lawyer – you need a legal team with the experience, resources, and determination to fight for maximum compensation. Here’s what sets Attorney911 apart:
1. Insurance Defense Insider Advantage
Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for national insurance companies. He knows their tactics because he used them – calculating claim values, deploying delay strategies, and minimizing payouts. Now, he uses that insider knowledge to fight FOR you, not against you.
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
This unique perspective gives us an unfair advantage in negotiations. We know:
- How insurance companies calculate claim values
- Which IME (Independent Medical Exam) doctors they favor
- How to counter their comparative fault arguments
- When they’re bluffing about policy limits
- How to increase their reserve amounts
2. Proven Results in Complex Cases
We don’t just talk about results – we have the track record to prove it. Attorney911 has recovered millions for accident victims across Texas, including:
“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions”
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation”
Our results speak for themselves, but what matters most is how we achieve them. We prepare every case as if it’s going to trial, because insurance companies know we’re not bluffing. This approach gives us leverage in negotiations and ensures you receive maximum compensation.
3. Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court admission is crucial for complex cases, including:
- Trucking accidents with federal regulations
- Cases against out-of-state defendants
- Multi-district litigation
- Cases involving federal agencies
“Our firm is one of the few firms in Texas to be involved in BP explosion litigation”
This experience with complex, high-stakes litigation demonstrates our capability to handle even the most challenging cases.
4. Personal Attention You Deserve
At Attorney911, you’re not just another case number. As client Chad Harris shared:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
We understand that every accident is unique, and every client deserves personalized attention. When you call our Caldwell office, you’ll work directly with Ralph Manginello or Lupe Peña – not a case manager or junior associate. Our team, including dedicated case managers like Leonor, ensures you’re kept informed every step of the way.
5. No Fee Unless We Win
We believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis:
- Free initial consultation
- No upfront costs
- We advance all case expenses
- You pay nothing unless we win your case
This means you can focus on your recovery while we handle the legal battle. As client Glenda Walker said:
“They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”
Common Types of Motor Vehicle Accidents in Caldwell
Caldwell’s unique geography and traffic patterns create specific accident risks. Here are the most common types of motor vehicle accidents we see in our community:
1. Car Accidents
With Caldwell’s growing population and increasing traffic on local roads, car accidents are unfortunately common. Whether it’s a rear-end collision on Highway 21, a T-bone accident at the intersection of FM 166 and FM 60, or a single-vehicle crash on a rural road, car accidents can cause serious injuries.
Common causes of car accidents in Caldwell include:
- Distracted driving (texting, phone use)
- Speeding on rural roads
- Failure to yield at intersections
- Drunk or impaired driving
- Poor weather conditions
- Vehicle defects
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
“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”
2. Trucking Accidents
Caldwell’s location near major highways means we see our share of trucking accidents. Commercial trucks can weigh up to 80,000 pounds – 20 times the weight of a passenger car. When these massive vehicles are involved in accidents, the results are often catastrophic.
Texas leads the nation in fatal truck crashes, with:
- 39,393 commercial motor vehicle crashes in 2024
- 608 trucking fatalities
- 1,601 serious injuries
- Texas accounts for 11% of ALL fatal truck crashes nationwide
Common causes of trucking accidents:
- Driver fatigue (violating Hours of Service regulations)
- Distracted driving
- Improper loading
- Mechanical failures
- Poor vehicle maintenance
- Speeding or reckless driving
Federal Motor Carrier Safety Administration (FMCSA) regulations that trucking companies must follow:
- Maximum 11 hours driving after 10 consecutive hours off-duty
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70-hour weekly limits
- Electronic Logging Devices (ELDs) mandatory
When trucking companies violate these regulations, they can be held liable for resulting accidents. Our federal court experience is crucial in these complex cases.
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation”
3. Drunk Driving Accidents
Drunk driving remains a serious problem in Texas, with devastating consequences. In 2024:
- 1,053 people were killed in alcohol-impaired driving crashes
- Alcohol-impaired driving accounted for 25.37% of all traffic fatalities
- Over 24,000 DWI-related crashes occurred
Texas has strong laws against drunk driving, including:
- Legal limit of 0.08% blood alcohol concentration (BAC)
- Enhanced penalties for BAC of 0.15% or higher
- Mandatory ignition interlock devices for repeat offenders
Texas also has dram shop laws that can hold bars, restaurants, and other establishments liable if they serve alcohol to obviously intoxicated patrons who then cause accidents. Signs of obvious intoxication include:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Impaired coordination
- Aggressive or erratic behavior
- Strong odor of alcohol
If you’ve been injured by a drunk driver in Caldwell, you may be able to pursue compensation from both the driver and the establishment that served them alcohol.
Our firm’s membership in the Harris County Criminal Lawyers Association (HCCLA) gives us unique insight into drunk driving cases, as we handle both the criminal and civil aspects of these accidents.
4. Motorcycle Accidents
Motorcycle riders face unique risks on the road. In Texas:
- 585 motorcyclists were killed in 2024
- 37% of those killed were not wearing helmets
- 90% of fatal victims were male
Texas law requires helmets for riders under 21. Riders 21 and older may ride without a helmet if they’ve completed a safety course or have adequate medical insurance.
Common causes of motorcycle accidents in Caldwell:
- Failure to yield right of way (most common cause)
- Driver inattention or distraction
- Unsafe lane changes
- Left-turn accidents
- Speeding or reckless driving
Motorcycle accidents often result in severe injuries, including:
- Traumatic brain injuries
- Spinal cord injuries
- Road rash and severe abrasions
- Broken bones and fractures
- Internal injuries
Insurance companies often try to blame motorcyclists for accidents, using Texas’s 51% comparative fault rule to reduce or deny claims. Having an attorney who understands these tactics is crucial for motorcycle accident victims.
5. Pedestrian Accidents
Pedestrians are among the most vulnerable road users. In Texas:
- 6,095 pedestrian crashes occurred in 2024
- 768 pedestrians were killed
- Pedestrians account for just 1% of crashes but 19% of all roadway deaths
Caldwell’s growing downtown area and increasing foot traffic create pedestrian risks. Many drivers don’t realize that pedestrians always have the right-of-way at intersections, even at unmarked crosswalks.
Common pedestrian injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken pelvis and legs
- Internal organ damage
- Fatalities
6. Bicycle Accidents
With Caldwell’s pleasant climate and growing popularity of cycling, bicycle accidents are a concern. In 2024, Texas saw 78 cyclist fatalities – a 26.42% decrease from the previous year, but still too many.
Common causes of bicycle accidents:
- Drivers failing to yield
- Drivers opening car doors into cyclists’ paths
- Distracted driving
- Poor road conditions
- Inadequate lighting
Cyclists often suffer severe injuries in accidents, including:
- Head injuries (even with helmets)
- Broken bones
- Road rash
- Internal injuries
Texas’s 51% comparative fault rule is particularly problematic for cyclists, as insurance companies often try to blame them for accidents.
7. Hit and Run Accidents
Hit and run accidents are particularly frustrating for victims. In Texas:
- A hit and run occurs every 43 seconds
- Penalties range from Class B misdemeanors to 2nd degree felonies for fatal accidents
If you’re the victim of a hit and run in Caldwell, your own uninsured/underinsured motorist (UM/UIM) coverage can provide compensation. We can help you navigate this complex process.
8. Rideshare Accidents (Uber/Lyft)
Rideshare services like Uber and Lyft have become common in Caldwell, but accidents involving these vehicles create complex insurance issues. Rideshare insurance coverage varies depending on the driver’s status at the time of the accident:
| Driver Status | Coverage Available |
|---|---|
| App off (personal use) | Driver’s personal insurance only ($30K/$60K/$25K minimum in Texas) |
| App on, waiting for ride request | $50K/$100K/$25K contingent coverage |
| Ride accepted, en route to pickup | $1,000,000 liability coverage |
| Passenger in vehicle | $1,000,000 liability coverage |
Determining which insurance applies and maximizing your recovery requires experienced legal representation.
9. Work Zone Accidents
With ongoing road construction in and around Caldwell, work zone accidents are a growing concern. In 2024:
- Nearly 28,000 crashes occurred in Texas work zones
- 215 people were killed – a 12% increase from the previous year
- 60% of highway contractors reported crashes into their work zones
Work zone accidents often involve:
- Rear-end collisions
- Sideswipe accidents
- Pedestrian accidents
- Equipment-related accidents
10. Distracted Driving Accidents
Distracted driving caused 380 deaths in Texas in 2024. Modern distractions include:
- Texting while driving
- Using social media apps
- Taking photos or videos
- Streaming content
- Using navigation apps
Texas law prohibits all drivers from reading, writing, or sending electronic messages while driving. For drivers under 18, all cell phone use is prohibited.
What to Do After an Accident in Caldwell
If you’ve been in an accident in Caldwell, taking the right steps immediately can protect your health and your legal rights:
At the Scene:
- Call 911 – Report the accident and request medical assistance if needed.
- Check for injuries – Your health is the top priority. Even if you feel fine, some injuries may not be immediately apparent.
- Move to safety – If possible, move vehicles out of traffic to prevent further accidents.
- Exchange information – Get the other driver’s name, contact information, insurance details, and license plate number.
- Document the scene – Take photos of vehicle damage, injuries, road conditions, and any visible traffic signals or signs.
- Get witness information – If there are witnesses, get their names and contact information.
- Don’t admit fault – Avoid discussing fault with the other driver or witnesses.
After Leaving the Scene:
- Seek medical attention – Even if you don’t feel injured, see a doctor as soon as possible. Some injuries, like whiplash or traumatic brain injuries, may not show symptoms immediately.
- Report the accident – In Texas, you must report accidents that result in injury, death, or property damage over $1,000.
- Contact your insurance company – Report the accident, but be careful what you say. Don’t give a recorded statement without consulting an attorney.
- Document everything – Keep records of medical visits, expenses, time off work, and how the accident has affected your daily life.
- Don’t post on social media – Insurance companies monitor social media for evidence they can use against you.
- Contact Attorney911 – Call 1-888-ATTY-911 for a free consultation. We can guide you through the process and protect your rights.
Texas Motor Vehicle Accident Law
Understanding Texas law is crucial for protecting your rights after an accident:
Statute of Limitations
In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit. This deadline is strict, and missing it can bar you from recovering compensation.
Comparative Negligence
Texas uses a modified comparative negligence system with a 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 cannot recover any damages
Insurance companies often try to assign maximum fault to victims to reduce their payouts. Having an experienced attorney can help counter these arguments.
Minimum Insurance Requirements
Texas requires all drivers to carry minimum insurance coverage:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage per accident
However, many drivers carry only the minimum coverage, which may not be enough to cover serious injuries. Uninsured/underinsured motorist (UM/UIM) coverage can protect you in these situations.
Dram Shop Liability
Texas law allows victims of drunk driving accidents to sue establishments that served alcohol to obviously intoxicated patrons who then caused accidents. This can provide an additional source of compensation in drunk driving cases.
How Insurance Companies Try to Minimize Your Claim
Insurance companies are in business to make money, not to pay fair settlements. They use various tactics to minimize or deny claims:
1. Quick Contact and Recorded Statements
Insurance adjusters will contact you within days of your accident, often while you’re still in the hospital or on pain medication. They’ll act friendly and helpful, but their goal is to get you to say something that can be used against you.
Common questions they ask:
- “You’re feeling better now, right?” (They want you to say you’re improving)
- “It wasn’t that bad of an impact, was it?” (They want to minimize the accident severity)
- “You were able to walk away from the scene?” (They want to suggest your injuries aren’t serious)
- “Were you distracted at all?” (They want you to admit distraction)
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
Lupe’s insider knowledge is invaluable here. He knows the questions they’ll ask and how to prepare you to answer them appropriately.
2. Quick Settlement Offers
Insurance companies often make quick, lowball settlement offers within days or weeks of an accident. These offers may seem attractive when you’re facing medical bills and lost wages, but they’re almost always far below what your case is worth.
The problem with quick settlements:
- You don’t know the full extent of your injuries yet
- You may need future medical treatment that isn’t accounted for
- Once you accept a settlement, you can’t get more money even if your condition worsens
3. “Independent” Medical Exams (IMEs)
Insurance companies will often require you to undergo an “independent” medical exam with a doctor of their choosing. These exams are anything but independent – the doctors are hired by the insurance company and are paid to minimize your injuries.
Common IME findings:
- “Patient has pre-existing degenerative changes” (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” (calls you a liar)
Lupe knows these doctors and their biases because he hired them when he worked for insurance companies.
4. Delay and Financial Pressure
Insurance companies will drag out your claim, hoping you’ll become desperate and accept a low settlement. They know that:
- Medical bills are piling up
- You’re unable to work
- You’re facing financial hardship
Their delay tactics include:
- “We’re still investigating your claim”
- “We’re waiting for medical records”
- “Your file is under review”
- Ignoring your calls and emails
While they’re delaying, they’re earning interest on your settlement money.
5. Surveillance and Social Media Monitoring
Insurance companies hire private investigators to follow accident victims and monitor their social media accounts. They’re looking for any evidence that can be used to minimize your claim.
What they monitor:
- Facebook, Instagram, TikTok, Twitter, LinkedIn
- Photos, videos, check-ins, comments
- Friends’ posts about you
- Deleted content (they can often recover it)
They’ll take innocent activities out of context to argue you’re not really injured.
6. Comparative Fault Arguments
Insurance companies will try to assign you maximum fault to reduce their payout. Even small percentages of fault 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 knows these arguments because he made them for years – now he defeats them.
7. Colossus Software System
Many insurance companies use a software system called Colossus to calculate claim values. Adjusters input information about your injuries, treatment, and other factors, and the software outputs a recommended settlement range.
How insurance companies manipulate Colossus:
- Using low injury codes (“soft tissue strain” instead of “disc herniation”)
- Flagging “excessive” treatment
- Penalizing conservative treatment (chiropractic valued less than MD)
- Reducing value for pre-existing conditions
- Applying low jurisdiction factors
Lupe knows how to present your case to maximize the Colossus valuation.
Common Injuries in Motor Vehicle Accidents
Motor vehicle accidents can cause a wide range of injuries, from minor to catastrophic:
Traumatic Brain Injuries (TBI)
TBIs are among the most serious accident injuries, with symptoms that may not appear immediately. They can range from mild concussions to severe brain damage.
Symptoms may include:
- Headaches
- Dizziness
- Memory problems
- Mood changes
- Sleep disturbances
- Sensitivity to light and noise
- Cognitive difficulties
“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”
Spinal Cord Injuries
Spinal cord injuries can result in partial or complete paralysis. The level of injury determines the extent of paralysis:
- Cervical spine (neck): Quadriplegia (paralysis of all four limbs)
- Thoracic spine (mid-back): Paraplegia (paralysis of lower body)
- Lumbar spine (lower back): Varying degrees of leg weakness
Amputations
Amputations can occur at the accident scene or later due to complications. They can be traumatic (immediate) or surgical (due to infection or other complications).
“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”
Burns
Burns can occur in accidents involving vehicle fires or explosions. They’re classified by severity:
- First-degree: Superficial, like a sunburn
- Second-degree: Blistering, severe pain
- Third-degree: Full thickness, destroys skin, always scars
- Fourth-degree: Extends into muscle and bone
Herniated Discs
Herniated discs are common in rear-end collisions and can cause severe pain, numbness, and weakness. Treatment may include:
- Physical therapy
- Pain management
- Epidural steroid injections
- Surgery (microdiscectomy or fusion)
Soft Tissue Injuries
Soft tissue injuries include sprains, strains, and whiplash. While often considered minor, they can cause chronic pain and disability.
Psychological Injuries
Accidents can also cause psychological injuries, including:
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Fear of driving
- Sleep disturbances
Damages You Can Recover
If you’ve been injured in a motor vehicle accident in Caldwell, you may be entitled to various types of compensation:
Economic Damages
These are quantifiable financial losses:
- Medical expenses (past and future)
- Lost wages
- Lost earning capacity
- Property damage
- Out-of-pocket expenses
Non-Economic Damages
These are intangible losses that are more difficult to quantify:
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of enjoyment of life
- Loss of consortium (impact on marital relationship)
Punitive Damages
In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar conduct. Drunk driving cases often qualify for punitive damages.
Why Caldwell Residents Choose Attorney911
When you’re facing the aftermath of a motor vehicle accident in Caldwell, you need a law firm that combines local knowledge with statewide expertise. Here’s why Caldwell residents choose Attorney911:
1. Local Knowledge, Statewide Expertise
While we serve clients across Texas, we understand Caldwell’s unique needs. We know:
- The local courts and judges in Burleson County
- The insurance adjusters who handle Caldwell claims
- The common accident locations in our community
- The local medical providers and their billing practices
At the same time, our statewide experience allows us to handle even the most complex cases, from trucking accidents on Highway 21 to catastrophic injuries requiring specialized medical care.
2. Insurance Defense Insider Advantage
Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for national insurance companies. He knows their tactics because he used them – calculating claim values, deploying delay strategies, and minimizing payouts.
Now, he uses that insider knowledge to fight FOR you, not against you. This gives us an unfair advantage in negotiations and litigation.
3. Proven Results
We don’t just talk about results – we have the track record to prove it. Our multi-million dollar settlements and verdicts demonstrate our ability to fight for maximum compensation.
“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”
4. Personal Attention
At Attorney911, you’re not just another case number. You’ll work directly with Ralph Manginello or Lupe Peña – not a case manager or junior associate. Our team, including dedicated case managers like Leonor, ensures you’re kept informed every step of the way.
As client Chad Harris shared:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
5. No Fee Unless We Win
We believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis:
- Free initial consultation
- No upfront costs
- We advance all case expenses
- You pay nothing unless we win your case
This means you can focus on your recovery while we handle the legal battle.
6. Comprehensive Legal Services
We handle all types of motor vehicle accident cases in Caldwell, including:
- Car accidents
- Trucking accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Hit and run accidents
- Rideshare accidents
- Drunk driving accidents
- Work zone accidents
- Distracted driving accidents
7. Bilingual Services
With Lupe Peña’s fluency in Spanish and our bilingual staff, we can serve Caldwell’s Spanish-speaking community effectively. As client Celia Dominguez said:
“Especially Miss Zulema, who is always very kind and always translates.”
8. Community Involvement
We’re proud to be part of the Caldwell community. Our involvement in local organizations and events demonstrates our commitment to the community we serve.
Frequently Asked Questions About Motor Vehicle Accidents in Caldwell
What should I do immediately after a car accident in Caldwell?
If you’ve been in an accident in Caldwell:
- Call 911 and report the accident
- Seek medical attention, even if you feel fine
- Document everything with photos and notes
- Exchange information with the other driver
- Get witness contact information
- Don’t give a recorded statement to insurance
- Call Attorney911 at 1-888-ATTY-911
Should I call the police even for a minor accident?
Yes. Always call the police after an accident in Caldwell. The police report is critical evidence for your insurance claim and any potential lawsuit. In Texas, you’re required to report accidents that result in injury, death, or property damage over $1,000.
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, so get checked immediately.
What information should I collect at the scene?
Collect as much information as possible:
- 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
Should I talk to the other driver or admit fault?
Exchange information only. Don’t discuss fault, apologize, or give your opinion on what happened. Stick to facts only.
How do I obtain a copy of the accident report?
In Caldwell, you can obtain the police report from the responding agency or through the Texas Department of Transportation’s Crash Records Information System (CRIS).
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 on what to say.
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). Don’t give a recorded statement or discuss injuries or fault.
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.
Should I accept a quick settlement offer?
NEVER accept a settlement before knowing the full extent of your injuries. Once you sign a release, you can’t get more money even if you need surgery later.
What if the other driver is uninsured or underinsured?
Your own UM/UIM coverage can compensate you. Watch our video on uninsured and underinsured motorists: https://www.youtube.com/watch?v=kWcNFyb-Yq8
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.
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
When should I hire a car accident lawyer?
Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911 at 1-888-ATTY-911.
How much time do I have to file (statute of limitations)?
In Texas: 2 years from the date of the accident for personal injury, 2 years from the date of death for wrongful death. Miss it and your case is barred forever.
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% or more at fault, you get nothing.
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.
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 in negotiations.
How long will my case take to settle?
It 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.
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
What is my case worth?
It depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, and insurance available. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).
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
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).
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.
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.
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, and impact on daily life.
How much do car accident lawyers cost?
Attorney911 works on a contingency fee basis – 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.
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.
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.”
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.”
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.”
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.
What if the accident happened in a parking lot?
Parking lot accidents are fully compensable. We prove fault through surveillance video, witness statements, damage analysis, and traffic patterns.
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. Driver’s insurance covers passengers.
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. Insurance policy still applies.
What if I don’t have health insurance?
We can help you find doctors who will treat you on a lien basis – they get paid from your settlement. Don’t let lack of insurance prevent you from getting the treatment you need.
Should I go to my own doctor or the insurance company’s doctor?
Always go to your own doctor. The insurance company’s doctor is hired to minimize your injuries. Your treating doctor has your best interests in mind.
What if the insurance company offers to pay my medical bills directly?
Be careful. If they pay your bills directly, they may try to settle your case for less. It’s often better to have your bills paid through your health insurance or on a lien basis.
Can I still recover if I wasn’t wearing a seatbelt?
Yes. While not wearing a seatbelt may reduce your recovery under Texas’s comparative fault rule, it doesn’t bar you from recovering entirely.
What if I was on my phone during the accident?
Using your phone may be used to argue comparative fault, which could reduce your recovery. However, it doesn’t bar you from recovering entirely unless you were 51% or more at fault.
How do I prove the other driver was distracted?
Evidence can include:
- Cell phone records
- Witness statements
- Surveillance video
- Accident reconstruction
- Social media posts
What if the other driver was working at the time of the accident?
You may be able to pursue a claim against the driver’s employer under the doctrine of respondeat superior. This is common in delivery vehicle accidents.
Can I recover if the accident was partly my fault?
Yes, as long as you were 50% or less at fault. Your recovery will be reduced by your percentage of fault.
What if the accident aggravated a pre-existing condition?
You can still recover for the aggravation. The “eggshell plaintiff” rule means the defendant takes you as they find you.
How do I prove my pain and suffering?
Through:
- Medical records documenting your injuries
- Your testimony about your pain
- Testimony from friends and family about how the accident has affected you
- Pain journals documenting your daily struggles
- Expert testimony from medical professionals
What if the insurance company denies my claim?
We can appeal the denial and, if necessary, file a lawsuit to pursue your claim. Many denied claims can be successfully pursued with proper legal representation.
Can I recover lost wages if I’m self-employed?
Yes. We can help document your lost income through business records, tax returns, and expert testimony.
What if I can’t return to my previous job?
You may be entitled to compensation for lost earning capacity – the difference between what you could have earned and what you can now earn.
How do I document my injuries?
- Keep all medical records and bills
- Follow your doctor’s treatment plan
- Keep a pain journal documenting your symptoms
- Save receipts for out-of-pocket expenses
- Take photos of visible injuries
What if I need future medical treatment?
We can include the cost of future medical treatment in your claim. This may require expert testimony from medical professionals.
Can I recover for emotional distress?
Yes. Emotional distress is compensable in Texas personal injury cases.
What if I’m unable to perform household chores?
You may be entitled to compensation for the cost of hiring help or for the value of the services you can no longer perform.
Can I recover for property damage?
Yes. You can recover the cost of repairing or replacing your vehicle and other damaged property.
What if the other driver was cited for the accident?
A citation can be used as evidence of fault, but it’s not conclusive. The other driver may still argue that you were partially at fault.
How do I prove the other driver was speeding?
Evidence can include:
- Skid marks
- Witness statements
- Accident reconstruction
- Black box data
- Surveillance video
What if the accident was caused by a vehicle defect?
You may have a product liability claim against the vehicle manufacturer. These cases are complex and require experienced legal representation.
Can I recover if the accident was caused by poor road conditions?
Possibly. You may have a claim against the government entity responsible for maintaining the road. These cases have special notice requirements.
What if I was hit by a government vehicle?
You may have a claim against the government entity. These cases have special notice requirements and shorter deadlines.
How do I deal with bill collectors while my case is pending?
We can help negotiate with bill collectors and medical providers to delay collection until your case is resolved.
What if I’m contacted by the other driver’s attorney?
Refer them to your attorney. Don’t discuss your case with anyone without consulting your lawyer.
Can I fire my attorney if I’m unhappy?
Yes. You can fire your attorney at any time. If you’re unhappy with your current representation, call Attorney911 at 1-888-ATTY-911.
What if I can’t afford an attorney?
Attorney911 works on a contingency fee basis. You pay nothing upfront, and we don’t get paid unless we win your case.
Contact Attorney911 Today
If you’ve been injured in a motor vehicle accident in Caldwell, don’t wait to get the legal help you need. Evidence disappears daily, and insurance companies are already building their case against you.
Call Attorney911 today at 1-888-ATTY-911 for a free consultation. We’ll review your case, explain your rights, and fight for the compensation you deserve.
Remember:
- Free consultation – no obligation
- No fee unless we win your case
- We advance all case expenses
- Se habla español
- Available 24/7
Don’t face this alone. Let the experienced Caldwell car accident lawyers at Attorney911 fight for you. Call 1-888-ATTY-911 now.