Motor Vehicle Accident Lawyers in Niederwald, Texas | Attorney911

If you’ve been injured in a car accident in Niederwald, Texas, you’re not alone. With one motor vehicle crash occurring every 57 seconds in Texas and over 251,000 people injured annually, accidents are an unfortunate reality on our roads. At Attorney911, we understand the physical, emotional, and financial toll a serious accident can take on you and your family. Our experienced team, led by Ralph Manginello with over 25 years of legal expertise, is here to fight for the compensation you deserve.

Niederwald, located in Hays County along the I-35 corridor, sees its share of traffic accidents. Whether you were involved in a collision on I-35, FM 2001, or any of the local roads in this growing community, our firm has the knowledge and resources to handle your case. We know the local courts, the insurance adjusters who handle claims in this area, and the unique challenges that Niederwald residents face after an accident.

Why Niederwald Accident Victims Choose Attorney911

When you’re dealing with injuries, medical bills, and insurance companies, you need a law firm that will stand by your side. Here’s why Niederwald residents trust us with their motor vehicle accident cases:

1. Insurance Defense Insider Advantage

Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for large insurance companies. He knows exactly how they value claims, the tactics they use to minimize payouts, and the strategies they deploy to deny valid claims. Now, he uses that insider knowledge to fight for victims like you.

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

This unique advantage means we anticipate the insurance company’s moves before they make them. We know their playbook because we used to write it.

2. Proven Track Record of Multi-Million Dollar Results

At Attorney911, we don’t just talk about results – we prove them with documented case outcomes:

• Multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a 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
• We’ve helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation
• Our firm is one of the few in Texas to be involved in BP explosion litigation, demonstrating our capability to take on billion-dollar corporations

These results show that we have the experience and resources to handle even the most complex cases.

3. Federal Court Experience for Complex Cases

Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court admission is crucial for handling complex cases, particularly those involving:

• Trucking accidents with FMCSA regulations
• Cases against out-of-state defendants
• Product liability claims (like Tesla Autopilot cases)
• Catastrophic injury cases with significant damages

Our federal court experience means we’re prepared to take your case to trial if necessary, giving us leverage in settlement negotiations.

4. Personal Attention You Can Trust

Unlike high-volume firms where you’re just a case number, at Attorney911, you work directly with our attorneys. Our clients consistently praise our communication and personal service:

“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad Harris

“Consistent communication and not one time did I call and not get a clear answer…Ralph reached out personally.” – Dame Haskett

This personal attention means you’ll always know what’s happening with your case, and you’ll have direct access to the attorneys handling your claim.

5. No Fee Unless We Win

We understand that you may be facing financial hardship after an accident. That’s why we work on a contingency fee basis:

• Free consultation to discuss your case
• No upfront costs or hourly fees
• We advance all case expenses
• You pay nothing unless we recover compensation for you

This means you can get the legal representation you need without adding to your financial stress.

Common Types of Motor Vehicle Accidents in Niederwald

Niederwald’s location along I-35 and its growing population mean that residents face various types of motor vehicle accidents. Here are some of the most common types we handle:

Car Accidents

With 251,977 people injured in Texas motor vehicle crashes in 2024 alone, car accidents are the most common type of collision we see. In Niederwald, these accidents often occur:

• On I-35, especially near the Niederwald exit
• At intersections along FM 2001
• In parking lots of local businesses
• During rush hour traffic

Common injuries in car accidents include:

• Whiplash and soft tissue injuries
• Herniated 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.”

This case demonstrates our ability to handle even the most complex car accident cases, including those with complications that arise during treatment.

18-Wheeler and Trucking Accidents

With I-35 being a major trucking corridor, Niederwald sees its share of commercial vehicle accidents. In 2024, Texas had 39,393 commercial motor vehicle crashes, resulting in 608 fatalities and 1,601 serious injuries.

These accidents are particularly devastating due to the size and weight of commercial trucks. A fully loaded 18-wheeler can weigh up to 80,000 pounds – 20 times the weight of a typical passenger car.

Common causes of trucking accidents include:

• Driver fatigue (violating Hours of Service regulations)
• Improper loading of cargo
• Poor vehicle maintenance
• Distracted driving
• Speeding or reckless driving
• Driving under the influence

“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 experience with trucking cases includes:

• Knowledge of FMCSA (Federal Motor Carrier Safety Administration) regulations
• Experience with Electronic Logging Device (ELD) data
• Ability to identify multiple liable parties (driver, trucking company, cargo loader, etc.)
• Federal court experience for complex cases

Drunk Driving Accidents

In 2024, there were 1,053 alcohol-impaired driving deaths in Texas, accounting for 25.37% of all traffic fatalities. Drunk driving accidents are particularly tragic because they’re completely preventable.

Texas has strong laws against drunk driving, including:

• Criminal penalties for the drunk driver
• Civil liability for the drunk driver
• Dram shop liability for establishments that over-serve alcohol

Texas Alcoholic Beverage Code § 2.02 allows victims to sue bars, restaurants, and other establishments that serve alcohol to obviously intoxicated individuals 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

Our firm has experience handling both the criminal and civil aspects of drunk driving cases. Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA) gives us unique insight into these complex cases.

Motorcycle Accidents

Motorcycle accidents often result in severe injuries due to the lack of protection for riders. In 2024, there were 585 motorcyclist fatalities in Texas.

Common causes of motorcycle accidents include:

• Drivers failing to yield right of way
• Drivers not seeing motorcycles
• Unsafe lane changes by other vehicles
• Left-turn accidents
• Speeding or reckless driving

Texas law requires riders under 21 to wear helmets. Riders 21 and over can ride without a helmet if they’ve completed a safety course or have adequate medical insurance.

Insurance companies often try to blame motorcyclists for accidents, even when the other driver is at fault. Texas’ 51% comparative fault rule means that if you’re found to be 51% or more at fault, you can’t recover any damages.

Our firm has experience countering these comparative fault arguments, and we know how to build strong cases for motorcycle accident victims.

Pedestrian Accidents

Pedestrian accidents are particularly devastating, with pedestrians accounting for 19% of all roadway deaths despite making up only 1% of crashes. In 2024, there were 768 pedestrian fatalities in Texas.

In Niederwald, pedestrian accidents often occur:

• At crosswalks along FM 2001
• In parking lots of local businesses
• Near schools and parks
• During evening hours when visibility is reduced

Texas law gives pedestrians the right of way at all intersections, even unmarked ones. This means that the distance between two streets is considered a crosswalk, and drivers must yield to pedestrians.

Common injuries in pedestrian accidents include:

• Traumatic brain injuries
• Spinal cord injuries
• Broken pelvis and legs
• Internal organ damage
• Fatalities

Rideshare Accidents (Uber/Lyft)

Rideshare accidents present unique challenges due to the complex insurance coverage involved. The coverage available depends on what the rideshare driver was doing at the time of the accident:

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

This means that the insurance coverage can vary dramatically depending on what the driver was doing at the moment of the crash. Lupe Peña’s insurance defense background gives us a unique advantage in navigating these complex coverage issues.

What to Do After an Accident in Niederwald

If you’ve been involved in an accident in Niederwald, taking the right steps immediately can protect your health and your legal rights:

Immediate Actions (First 48 Hours)

1. Ensure Safety: If you can move safely, get to a secure location away from traffic.
2. Call 911: Report the accident and request medical assistance if anyone is injured.
3. Seek Medical Attention: Even if you feel fine, get checked by a medical professional. Adrenaline can mask injuries, and some serious conditions may not show symptoms immediately.
4. Document Everything:
   • Take photos of all vehicle damage from multiple angles
   • Photograph the accident scene, road conditions, and traffic signals
   • Take photos of any visible injuries
   • Screenshot any messages visible on your phone
5. 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
6. Get Witness Information: Obtain names and phone numbers of any witnesses.
7. Call Attorney911: Before speaking to any insurance company, call 1-888-ATTY-911 for immediate legal guidance.

Evidence Preservation (Critical in First 7 Days)

Evidence disappears quickly after an accident. Here’s what you need to know:

• Surveillance Footage: Typically deleted within 7-30 days. We send preservation letters to nearby businesses immediately to secure this critical evidence.
• Witness Memories: Fade quickly. We interview witnesses as soon as possible.
• Vehicle Damage: Evidence can be lost once vehicles are repaired.
• Medical Evidence: The sooner you seek treatment, the stronger your case.

“Every day you wait, evidence disappears. Surveillance footage from nearby businesses is typically deleted within 7-30 days. Once it’s gone, it’s gone forever.”

What NOT to Do After an Accident

1. Don’t give a recorded statement to any insurance company without consulting an attorney first.
2. Don’t accept a quick settlement offer. These are almost always lowball offers designed to close your case cheaply.
3. Don’t post about your accident on social media. Insurance companies monitor your accounts and will use your posts against you.
4. Don’t sign anything from an insurance company without having it reviewed by an attorney.
5. Don’t delay medical treatment. Gaps in treatment can be used by insurance companies to argue that your injuries aren’t serious.

Texas Motor Vehicle Accident Laws You Need to Know

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 (Texas Civil Practice & Remedies Code § 16.003). For wrongful death claims, the 2-year period begins on the date of death.

This deadline is absolute. If you miss it, your case will be barred forever, and you won’t be able to recover any compensation.

Comparative Negligence (51% Rule)

Texas uses a modified comparative negligence system. This means:

• If you’re 50% or less at fault, you can recover damages, but your recovery is reduced by your percentage of fault.
• If you’re 51% or more at fault, you cannot recover any damages.

For example:

• If you’re found to be 20% at fault in an accident with $100,000 in damages, you can recover $80,000.
• If you’re found to be 51% at fault, you recover nothing.

Insurance companies will try to maximize your fault percentage to reduce their payout. Our experience helps counter these tactics.

Minimum Insurance Requirements

Texas requires all drivers to carry minimum insurance coverage:

Coverage Type	Minimum Required
Bodily Injury – Per Person	$30,000
Bodily Injury – Per Accident	$60,000
Property Damage – Per Accident	$25,000

However, these minimums are often insufficient to cover serious injuries. That’s why Uninsured/Underinsured Motorist (UM/UIM) coverage is so important.

Uninsured/Underinsured Motorist Coverage

Approximately 15.4% of Texas drivers are uninsured. UM/UIM coverage protects you when:

• The at-fault driver has no insurance
• The at-fault driver’s insurance is insufficient to cover your damages
• You’re the victim of a hit-and-run accident

Texas allows “stacking” of UM/UIM coverage, which means you can combine coverage from multiple policies.

How Insurance Companies Try to Minimize Your Claim

Insurance companies are not on your side. Their goal is to pay you as little as possible. Here are the tactics they use – and how we counter them:

1. The Quick Contact and Recorded Statement Trap

What They Do:
Within hours or days of your accident, an insurance adjuster will contact you. They’ll sound friendly and helpful, saying things like:

• “We just want to help you”
• “We need to get your side of the story”
• “This is routine, everyone does this”

They’ll ask you to give a recorded statement, promising it will only take a few minutes.

What They’re Really Doing:
They’re building their defense against you. They’ll ask leading questions designed to get you to say things that hurt your case:

Question They Ask	What They Want You to Say
“You’re feeling better now though, right?”	That your injuries are improving
“It wasn’t that bad of an impact, was it?”	That your injuries aren’t serious
“You were able to walk away from the scene?”	That you weren’t badly hurt
“Were you distracted at all?”	That you were partially at fault
“How fast were you going?”	To get you to overestimate or say “I don’t know”

How We Counter:
We advise our clients not to give recorded statements without legal representation. Once you hire us:

• 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

Lupe Peña knows these questions because he asked them for years as an insurance defense attorney.

2. The Quick Settlement Offer

What They Do:
Within days or weeks of your accident, the insurance company may offer you a quick settlement:

• Typical offers: $2,000-$5,000
• Sometimes $10,000-$15,000 if they’re worried about the case

They’ll create artificial urgency:

• “This offer expires in 48 hours”
• “Take it or leave it”
• “This is our final offer” (it’s not)

The Trap:
You don’t know the full extent of your injuries yet. For example:

• Day 3: Insurance offers $3,500 “final settlement”
• Week 6: MRI shows herniated disc requiring surgery
• Too late: You’ve already signed a release and can’t reopen your claim

How We Counter:
We never settle before you’ve reached Maximum Medical Improvement (MMI) – the point where you’ve recovered as much as possible. This could take 6 months, 12 months, or even longer for serious injuries.

Lupe Peña knows these offers are always lowball because he used to calculate them for insurance companies.

3. The “Independent” Medical Exam (IME) Scheme

What They Call It:
“Independent Medical Examination”

What It Really Is:
An exam by a doctor hired and paid by the insurance company to minimize your injuries.

How They Choose IME Doctors:
Insurance companies select doctors based on:

• Who gives insurance-favorable reports
• Who consistently finds “no injury” or “pre-existing condition”
• Who is paid thousands per exam ($2,000-$5,000)

What Happens at the IME:

• A 10-15 minute “examination”
• Rarely a review of your complete medical records
• Questions designed to elicit “I’m feeling better” responses
• Looking for any reason to minimize your injuries

Common IME Findings:

• “Patient has pre-existing degenerative changes”
• “Injuries consistent with minor trauma”
• “Patient can return to full duty work”
• “Treatment has been excessive”
• “Subjective complaints out of proportion to objective findings”

“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.” – Lupe Peña

How We Counter:

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

4. Surveillance Tactics

What They Do:
Insurance companies hire private investigators to:

• Video you doing daily activities
• Film you from public places (your driveway, street, stores)
• Follow you to appointments, errands, social activities
• Look for any activity that contradicts your injury claims

What They Monitor on Social Media:

• Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
• Photos, posts, check-ins, comments, likes
• Friends’ profiles for posts mentioning you
• Facial recognition to find photos you’re tagged in
• Archive your entire social media history

Examples of How They Use This Against You:

Example	What Happened	What Insurance Claimed	Reality
Old Gym 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 with client 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 your accident, injuries, activities, or emotions
3. Don’t check in anywhere
4. Tell friends/family not to tag you or post about you
5. Don’t accept friend requests from strangers (fake profiles)
6. Best option: Stay off social media entirely during your case
7. Assume everything is being monitored

5. Comparative Fault Arguments

What They Do:
Insurance companies try to assign you the maximum fault possible to reduce their payment. They’ll claim:

• “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% or more at fault, you get nothing
• If you’re 50% or less at fault, your damages are reduced by your percentage

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

How We Counter:

• We conduct thorough accident investigations
• We gather witness statements
• We obtain police reports and 911 recordings
• We analyze surveillance footage
• We work with accident reconstruction experts
• We counter their comparative fault arguments with evidence

Lupe Peña knows these arguments because he made them for years as an insurance defense attorney.

6. Colossus Software System

How Insurance Companies Actually Value Your Claim:

Colossus is a computerized claim valuation system used by Allstate, State Farm, Liberty Mutual, and others. Here’s how it works:

1. Data Entry: The adjuster inputs injury codes, treatment types, costs, and jurisdiction.
2. Coding: Injuries are coded using standardized medical terms.
3. Calculation: The software applies algorithms to determine “value.”
4. Range Output: The system provides a recommended settlement range.
5. Authority: The adjuster typically can’t exceed this range without supervisor approval.

How They Manipulate Colossus:

Manipulation	Effect
Low Injury Codes	“Soft tissue strain” instead of “disc herniation” reduces value 50-100%
Excessive Treatment Flags	Therapy beyond “normal” range triggers reductions
Conservative Treatment Penalty	Chiropractic care valued less than MD treatment
Pre-Existing Reduction	Any prior condition used to reduce value
Jurisdiction Factor	Low-verdict counties get lower values

Why Lupe’s Experience Matters:

• He knows how to code injuries properly for maximum value
• He knows which medical terms trigger higher valuations
• He knows when Colossus output is artificially low
• He knows how to present records to beat the algorithm
• He worked with these systems for years as a defense attorney

Common Injuries and Their Impact

Motor vehicle accidents can cause a wide range of injuries, from minor to life-altering. Here are some of the most common injuries we see and their potential impact:

Traumatic Brain Injury (TBI)

TBIs can range from mild concussions to severe brain damage. Symptoms may not appear immediately and can include:

Immediate Symptoms:

• Loss of consciousness
• Confusion and disorientation
• Vomiting and nausea
• Severe headache
• Slurred speech
• Weakness or numbness

Delayed Symptoms:

• Worsening headaches
• Repeated vomiting
• Personality changes
• Sleep disturbances
• Sensitivity to light and noise
• Memory problems

Long-Term Complications:

• Chronic Traumatic Encephalopathy (CTE)
• Post-Concussive Syndrome (affects 10-15% of patients)
• Increased dementia risk
• Personality and mood disorders
• Seizure disorders

“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:

Injury Level	Potential Impact
C1-C4 (High Cervical)	Quadriplegia, possible ventilator dependence, 24/7 care required
C5-C8 (Low Cervical)	Quadriplegia with some arm/hand function, wheelchair dependent
T1-T12 (Thoracic)	Paraplegia (lower body paralysis), wheelchair dependent
L1-L5 (Lumbar)	Varying degrees of leg weakness/paralysis, may walk with assistive devices

Secondary Complications:

• Pressure sores
• Respiratory complications
• Bowel and bladder dysfunction
• Sexual dysfunction
• Autonomic dysreflexia (life-threatening blood pressure crisis)
• Depression

Herniated Discs

Herniated discs occur when the soft center of a spinal disc pushes through a crack in the tougher exterior casing. Treatment can be lengthy and expensive:

1. Acute Phase (Weeks 1-6): Severe pain, medications, rest. Cost: $2,000-$5,000
2. Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic care. 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:

• Inability to return to physical labor jobs
• Ongoing pain management needs
• Potential for future surgeries

Amputations

Amputations can be traumatic (occurring at the scene) or surgical (due to complications):

• Traumatic Amputation: Limb severed at the accident scene
• Surgical Amputation: Due to crush injuries or infections (like in our documented case)

Lifetime Costs:

• Initial prosthetic: $5,000-$100,000
• Prosthetic replacement every 3-5 years
• Lifetime prosthetic costs: $500,000-$2,000,000
• Phantom limb pain treatment

“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

Burn injuries are classified by severity:

Degree	Characteristics	Treatment
First-Degree	Superficial, like sunburn	Outpatient care
Second-Degree	Blistering, severe pain	Possible hospitalization
Third-Degree	Full thickness, destroys all skin	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

What You Can Recover in a Motor Vehicle Accident Case

If you’ve been injured in an accident caused by someone else’s negligence, Texas law allows you to recover various types of damages:

Economic Damages

These are quantifiable financial losses with no cap in Texas:

• Medical Expenses (Past and Future): Hospital bills, doctor visits, physical therapy, medications, medical equipment
• Lost Wages: Income lost from the date of the accident to the present
• Lost Earning Capacity: 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

These are intangible losses with no cap in Texas (except for medical malpractice cases):

• Pain and Suffering: Physical pain from your injuries
• Mental Anguish: Emotional distress, anxiety, depression
• Physical Impairment: Loss of physical function or disability
• Disfigurement: Scarring or permanent visible injuries
• Loss of Consortium: Impact on your marriage and family relationships
• Loss of Enjoyment of Life: Inability to participate in activities you previously enjoyed

Punitive Damages

These are available in cases of gross negligence or malice and are capped in Texas:

• Cap: Greater of $200,000 OR 2x economic damages + 1x non-economic damages (capped at $750,000 for non-economic portion)
• Common in: Drunk driving cases, hit-and-run accidents, cases with egregious conduct

Settlement Ranges by Injury Type

While every case is unique, here are general settlement ranges for common injuries:

Injury Type	Settlement Range	Factors That Increase Value
Soft Tissue (Whiplash, Sprains)	$15,000-$60,000	Permanent pain, chronic condition
Broken Bone (Simple Fracture)	$35,000-$95,000	Surgery required, permanent impairment
Broken Bone (Requiring Surgery)	$132,000-$328,000	Multiple surgeries, hardware implantation
Herniated Disc (Conservative Treatment)	$70,000-$171,000	Permanent restrictions, chronic pain
Herniated Disc (Surgery Required)	$346,000-$1,205,000	Fusion surgery, permanent disability
Traumatic Brain Injury	$1,548,000-$9,838,000	Permanent cognitive impairment, vision loss
Spinal Cord Injury / Paralysis	$4,770,000-$25,880,000	Level of paralysis, lifetime care needs
Amputation	$1,945,000-$8,630,000	Type of amputation, prosthetic needs
Wrongful Death	$1,910,000-$9,520,000	Age of deceased, earning capacity, dependents

“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”

Why Choose Attorney911 for Your Niederwald Accident Case

With so many law firms to choose from, why should you trust Attorney911 with your case? Here are five reasons we stand out:

1. We Know the Insurance Company’s Playbook Because We Used to Write It

Lupe Peña spent years working for a national insurance defense firm. He knows:

• How insurance companies value claims
• Which tactics they use to minimize payouts
• Which doctors they hire for “independent” medical exams
• How they calculate settlement offers
• How to counter their strategies

“Lupe understands claim valuation – he calculated them himself. Having a former defense attorney is an unfair advantage for our clients.”

This insider knowledge means we can anticipate the insurance company’s moves and counter them effectively.

2. We Have a Proven Track Record of Multi-Million Dollar Results

Our results speak for themselves:

• Multi-million dollar settlement for a brain injury case with vision loss
• Millions recovered for a car accident victim who required partial amputation
• Millions recovered in trucking wrongful death cases
• Significant settlement for a maritime injury case
• One of the few firms involved in BP explosion litigation

These aren’t just promises – they’re documented results that prove our capability.

3. We Prepare Every Case as If It’s Going to Trial

Many law firms settle cases quickly to move on to the next one. At Attorney911, we prepare every case as if it’s going to trial. This approach gives us leverage in settlement negotiations because insurance companies know we’re not bluffing.

Our trial readiness is demonstrated by:

• Ralph Manginello’s federal court admission
• Our involvement in complex litigation like the BP explosion case
• Our willingness to take on billion-dollar corporations
• Our history of achieving multi-million dollar results

“We prepare every case as if it’s going to trial—because insurance companies know we’re not bluffing.”

4. You Work Directly with Our Attorneys, Not Case Managers

At many large firms, you’ll be handed off to a case manager and may never speak to an attorney. At Attorney911, you work directly with Ralph Manginello or Lupe Peña.

Our clients consistently praise our communication:

“Melanie was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.” – Brian Butchee

“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” – Stephanie Hernandez

This personal attention means you’ll always know what’s happening with your case and have direct access to the attorneys handling your claim.

5. No Fee Unless We Win – Zero Financial Risk to You

We understand that you may be facing financial hardship after an accident. That’s why we work on a contingency fee basis:

• Free consultation to discuss your case
• No upfront costs or hourly fees
• We advance all case expenses
• You pay nothing unless we recover compensation for you

This means you can get the legal representation you need without adding to your financial stress.

Frequently Asked Questions About Motor Vehicle Accidents in Niederwald

Immediate After Accident

What should I do immediately after a car accident in Niederwald?
If you’ve been in an accident in Niederwald:

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

Should I call the police even for a minor accident?
Yes. Always call the police. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000. The police report is critical evidence for your case.

Should I seek medical attention if I don’t feel hurt?
Absolutely. Many serious injuries don’t show symptoms immediately:

• Traumatic brain injuries can take days to manifest
• Internal bleeding may not be obvious
• Herniated discs may not cause pain for weeks
• Adrenaline masks pain at the scene

Insurance companies use delays in treatment against you. Get checked immediately.

What information should I collect at the scene?
Collect the following information:

• 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. Do NOT:

• Discuss fault
• Apologize or say “I’m sorry” (can be used as admission)
• Give your opinion on what happened
• Admit any responsibility

Stick to the facts only.

How do I obtain a copy of the accident report?
In Niederwald, you can obtain the police report from the responding agency or through the Texas Department of Transportation’s Crash Records Information System (CRIS).

Dealing with Insurance

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 for guidance.

What if the other driver’s insurance contacts me?
Say: “I need to speak with my attorney first.” Give only basic information (name, date of accident). Do NOT:

• Give a recorded statement
• Discuss injuries or fault
• Accept any settlement offers
• Sign anything

Do I have to accept the insurance company’s estimate?
No. Their estimate is just an offer. It’s usually far below the actual value of your claim. 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 cannot get more money even if you need surgery later.

What if the other driver is uninsured or underinsured?
Your own Uninsured/Underinsured Motorist (UM/UIM) coverage can compensate you. Texas allows stacking of UM/UIM coverage from multiple policies. Watch our video on UM/UIM claims: 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 a medical authorization without having it reviewed by an attorney.

Legal Process

Do I have a personal injury case?
You may have a case if:

• Someone else was at fault (even partially)
• You suffered injuries or damages
• There is insurance to recover from

Watch our video: “Do I Have a Good Case?” at https://www.youtube.com/watch?v=j-PMMP5Jims

When should I hire a car accident lawyer?
Immediately. Evidence disappears daily, and insurance companies start building their defense against you from day one. Call Attorney911 at 1-888-ATTY-911 as soon as possible.

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 this deadline 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 damages (reduced by your 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

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. This approach gives us leverage in settlement negotiations.

Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc

How long will my case take to settle?
It depends on the severity of your injuries. We don’t settle until you’ve reached Maximum Medical Improvement (MMI) – the point where you’ve recovered as much as possible. This could take 6 months for minor injuries or 18-24 months for serious injuries.

What is the legal process step-by-step?

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

What is my case worth?
It depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, and available insurance. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).

What types of damages can I recover?
You can 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 damages (except in medical malpractice cases).

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 – the defendant takes the victim as they find them.

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 for your specific situation.

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

How much do car accident lawyers cost?
Attorney911 works on a contingency fee basis: 33.33% before trial, 40% if the case goes to trial. You pay nothing upfront. We don’t get paid unless we win your case.

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

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 or 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 attorneys at any time. Attorney911 has taken over many cases from other firms. 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.”

Mistakes to Avoid

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

Should I post about my accident on social media?
No. Make all profiles private. Don’t post about the accident, your injuries, or your activities. Insurance companies monitor everything.

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.

What if I didn’t see a doctor right away?
See one now. Explain that you didn’t realize the severity of your injuries. Delayed symptoms are common. We can still help.

Additional Questions

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. The “eggshell plaintiff” rule means the defendant takes the victim as they find them. For example, if you had mild occasional back pain before the accident and now have a herniated disc requiring surgery, you can recover for the new injury.

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 for less than your case is worth, 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.”

What if the insurance company is my own insurance (UM/UIM claim)?
Uninsured/Underinsured Motorist claims are made against your own 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 to maximize your UM/UIM recovery. Lupe Peña’s insurance knowledge is particularly valuable in these cases.

How do you calculate pain and suffering?
Most commonly using the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain and suffering. The multiplier depends on injury severity, permanency, impact on life, and clear liability. For example, $100,000 in medical expenses × 4 multiplier = $400,000 for pain and suffering. Lupe Peña calculated these for years as an insurance defense attorney – he knows how to justify higher multipliers.

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, and damage caps may apply. These cases are complex – you need an experienced attorney. Ralph Manginello’s 25+ years of experience includes government litigation.

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 – most footage is deleted within 7-30 days. We send preservation letters immediately to secure this evidence. Texas allows UM stacking, which can significantly increase your available coverage.

What if I’m an undocumented immigrant – can I still file a claim?
Yes. Your 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, and we’ve successfully represented clients of all immigration statuses. Lupe Peña is fluent in Spanish, and our staff includes bilingual team members to ensure clear communication.

What if the accident happened in a parking lot?
Parking lot accidents are fully compensable. Insurance companies often argue that parking lot accidents are always 50/50 fault, but this is not true. We prove fault through surveillance video, witness statements, damage analysis, and traffic patterns. Texas comparative negligence rules apply in parking lot cases just as they do on public roads.

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, and the driver’s insurance covers passengers. There are no comparative fault issues for passengers. These cases often settle quickly because liability is clear. We handle the difficult conversation so you don’t have to.

What if the other driver died in the accident?
You can still pursue a claim against the deceased driver’s estate and insurance. The death doesn’t eliminate liability. The insurance policy still applies, and 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.

Niederwald-Specific Information

Niederwald, Texas, is a growing community in Hays County located along the I-35 corridor between Austin and San Antonio. This strategic location brings both opportunities and challenges for residents:

Local Traffic Patterns and Danger Zones

Niederwald’s position along I-35 means that residents face unique traffic challenges:

• I-35 Corridor: One of the busiest highways in Texas, with heavy truck traffic and frequent congestion
• FM 2001: A major local road that intersects with I-35 and serves as a primary route for local traffic
• Intersection Accidents: Common at major intersections along FM 2001
• Construction Zones: Frequent road work along I-35 can create dangerous conditions
• Rush Hour Traffic: Congestion during morning and evening commutes increases accident risk

Local Medical Facilities

If you’re injured in an accident in Niederwald, you may be treated at:

• Ascension Seton Hays: Located in Kyle, about 10 miles from Niederwald, this facility offers emergency care and specialized treatment
• St. David’s South Austin Medical Center: About 20 miles north in Austin, this Level IV trauma center provides comprehensive emergency services
• Dell Seton Medical Center at The University of Texas: A Level I trauma center in Austin, about 25 miles from Niederwald

For serious injuries, patients may be airlifted to major trauma centers in Austin or San Antonio.

Legal Landscape in Hays County

Hays County has its own legal procedures and court system:

• Hays County Justice of the Peace Courts: Handle minor cases and initial hearings
• Hays County Courts at Law: Handle civil cases up to $250,000
• Hays County District Courts: Handle more serious civil cases and trials
• Western District of Texas (Austin Division): Federal court for complex cases

Our firm has experience with all levels of the Hays County court system and can guide you through the legal process.

Economic Factors

Niederwald’s economy is influenced by its location between Austin and San Antonio:

• Commuter Community: Many residents work in Austin or San Antonio, increasing traffic on I-35
• Growing Population: Niederwald is experiencing rapid growth, which can lead to increased traffic and construction
• Local Employment: Retail, service industries, and small businesses provide local jobs
• Median Household Income: The median income in Hays County is slightly below the Texas average, which can affect lost wage calculations

Weather-Related Hazards

Central Texas weather can contribute to accidents:

• Flash Flooding: Common in low-lying areas and can create dangerous driving conditions
• Sudden Storms: Heavy rain can reduce visibility and create slick roads
• Hail: Can damage vehicles and create hazardous driving conditions
• Fog: Early morning fog is common in the area and can reduce visibility

Local Employers

Major employers in the Niederwald area include:

• Amazon Fulfillment Center (San Marcos): A major employer with significant truck traffic
• Texas State University (San Marcos): Brings student traffic to the area
• Local Retail and Service Businesses: Along FM 2001 and other commercial areas
• Manufacturing and Distribution Centers: Located along the I-35 corridor

Understanding local employment patterns helps us calculate lost wages and future earning capacity for our clients.

How Attorney911 Handles Your Case

When you choose Attorney911 for your Niederwald motor vehicle accident case, here’s what you can expect:

Initial Consultation

• Free case evaluation with no obligation
• Discussion of your accident and injuries
• Explanation of your legal rights and options
• Answer to your questions about the process

Investigation

• Obtain police reports and 911 recordings
• Interview witnesses
• Collect and preserve evidence
• Obtain surveillance footage before it’s deleted
• Work with accident reconstruction experts if needed

Medical Treatment

• Help you get the medical care you need
• Coordinate with healthcare providers
• Document your injuries and treatment
• Ensure you reach Maximum Medical Improvement (MMI)

Insurance Negotiations

• Handle all communication with insurance companies
• Counter their tactics to minimize your claim
• Use Lupe Peña’s insider knowledge to your advantage
• Negotiate for the full value of your claim

Legal Proceedings

• File lawsuit if necessary
• Conduct discovery (depositions, document requests)
• Work with expert witnesses
• Prepare for trial
• Attend mediation to try to settle your case

Settlement or Trial

• Present settlement demands
• Negotiate with insurance companies
• Take your case to trial if necessary
• Fight for the maximum compensation you deserve

Call Attorney911 Today

If you’ve been injured in a motor vehicle accident in Niederwald, Texas, don’t wait to get the help you need. Evidence disappears daily, and the insurance company is already building their case against you.

Call Attorney911 now at 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win your case, so you have nothing to lose and everything to gain.

“They fought for me to get every dime I deserved.” – Glenda Walker

Our team is ready to fight for you. With our insider knowledge of insurance company tactics, our proven track record of multi-million dollar results, and our commitment to personal service, we’re the right choice for your Niederwald accident case.

Don’t let the insurance company take advantage of you. Call 1-888-ATTY-911 now for your free consultation. We’re here to help.