Motor Vehicle Accident Lawyers in Baird, Texas | Attorney911
Injured in a Car Accident in Baird, Texas? We’re Here to Fight for You
If you’ve been injured in a motor vehicle accident in Baird, Texas, you’re not alone. With one crash occurring every 57 seconds in Texas and over 251,000 people injured annually, our roads are dangerous places. At Attorney911, we understand the physical, emotional, and financial toll an accident can take on you and your family. With Ralph Manginello’s 25+ years of experience handling car accident cases across Texas, we’re prepared to fight for the maximum compensation you deserve.
Baird and Callahan County see their share of accidents on major routes like Interstate 20 and US Highway 283. Whether you were rear-ended on I-20, sideswiped on a rural road, or involved in a multi-vehicle collision at a busy intersection, our team knows how to build a strong case for your recovery.
The Attorney911 Difference: Insurance Defense Insider Knowledge
What sets Attorney911 apart from other law firms in West Texas is our unique advantage: Lupe Peña, our associate attorney, worked for years at a national insurance defense firm. He knows exactly how insurance companies evaluate claims because he calculated them himself. Now, he uses that insider knowledge to fight for accident victims like you.
When insurance adjusters try to lowball your claim or deny it altogether, Lupe understands their playbook. He knows which Independent Medical Exam (IME) doctors they favor because he hired them. He knows how they use surveillance footage against claimants because he reviewed it. And he knows how to counter their tactics to maximize your recovery.
Common Types of Motor Vehicle Accidents in Baird, Texas
Car Accidents (Tier 1 – Most Common)
Car accidents are the most frequent type of motor vehicle collision we see in Baird and throughout Callahan County. With 251,977 people injured in Texas car crashes last year, and one person injured every 2 minutes and 5 seconds, these accidents can happen to anyone at any time.
Common causes of car accidents in Baird:
- Distracted driving (texting, phone use, eating)
- Speeding on rural roads and highways
- Failure to yield at intersections
- Running red lights or stop signs
- Following too closely (rear-end collisions)
- Drunk or drugged driving
- Fatigue, especially among commercial drivers
- Weather conditions (rain, fog, ice)
Common injuries in car accidents:
- Whiplash and soft tissue injuries
- Herniated or bulging discs
- Broken bones (arms, legs, ribs, pelvis)
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Internal organ damage
- Lacerations and scarring
- Psychological trauma (PTSD, anxiety, depression)
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.”
Client Testimonial: “I was rear-ended and the team got right to work…I also got a very nice settlement.” – MONGO SLADE
What to Do After a Car Accident in Baird:
- Call 911 and report the accident
- Seek medical attention immediately, even if you feel fine
- Document everything with photos and videos
- Exchange information with the other driver
- Get witness contact information
- Do NOT give a recorded statement to any insurance company
- Call Attorney911 at 1-888-ATTY-911 for immediate legal guidance
18-Wheeler and Trucking Accidents (Tier 1 – Most Dangerous)
Trucking accidents are among the most catastrophic motor vehicle collisions we handle. With 39,393 commercial motor vehicle crashes in Texas last year resulting in 608 fatalities and 1,601 serious injuries, these accidents often cause life-altering injuries due to the sheer size and weight of commercial trucks.
Why trucking accidents are more dangerous:
- An 18-wheeler can weigh up to 80,000 pounds – 20 times heavier than a passenger car
- Stopping distance for trucks is significantly longer than for cars
- Blind spots (No-Zones) are much larger on commercial vehicles
- Driver fatigue is a major factor due to long hours on the road
- Improperly loaded cargo can cause trucks to tip or lose control
Federal Motor Carrier Safety Administration (FMCSA) Regulations:
Trucking companies and drivers must comply with strict federal regulations, including:
- Hours of Service (HOS) Rules: Drivers may drive a maximum of 11 hours after 10 consecutive hours off-duty and cannot drive beyond the 14th consecutive hour on duty
- 30-Minute Break Requirement: Drivers must take a 30-minute break after 8 cumulative hours of driving
- 60/70-Hour Weekly Limits: Drivers cannot drive after 60/70 hours on-duty in 7/8 consecutive days
- Electronic Logging Devices (ELD): Mandatory since 2017 to track driving hours and prevent falsification
- Drug and Alcohol Testing: Pre-employment, random, post-accident, and reasonable suspicion testing required
- Vehicle Maintenance: Regular inspections and maintenance required
Multiple Liable Parties in Trucking Accidents:
One of the advantages of trucking accident cases is that multiple parties may be held liable, increasing the available insurance coverage:
- Truck driver (negligent operation, fatigue, impairment)
- Trucking company (negligent hiring, supervision, maintenance)
- Cargo loader (improper loading causing instability)
- Vehicle manufacturer (defective parts)
- Maintenance company (improper repairs)
- Broker or shipper (negligent selection of carrier)
Case Result: “At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”
Federal Court Experience Matters:
Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court experience is crucial for trucking cases, which often involve:
- Federal Motor Carrier Safety Regulations (FMCSA)
- Interstate commerce issues
- Multiple defendants from different states
- Complex liability and damages calculations
Nuclear Verdicts in Trucking Cases:
Recent Texas trucking verdicts demonstrate the potential value of these cases:
- 2024 Oncor Electric: $37.5 million verdict (distracted truck driver)
- 2024 New Prime I-35 pileup: $44.1 million verdict (6 deaths)
- 2024 Ben E. Keith (Fort Worth): $35 million settlement
- 2024 Lopez v. All Points 360 (Amazon): $105 million verdict
Electronic Data Preservation is Critical:
Commercial trucks are equipped with Electronic Logging Devices (ELDs) and black boxes that record critical data about the vehicle’s operation. This data can be overwritten or deleted in as little as 30-180 days. We send preservation letters immediately to trucking companies to prevent this evidence from being lost.
If you’ve been injured in a trucking accident in Baird or anywhere in West Texas, call Attorney911 immediately at 1-888-ATTY-911. Time is critical to preserve evidence and protect your rights.
Drunk Driving Accidents (Tier 1 – Preventable Tragedies)
Drunk driving accidents are particularly devastating because they are 100% preventable. In Texas, 1,053 people were killed in alcohol-impaired driving crashes last year, accounting for 25.37% of all traffic fatalities. In Callahan County and surrounding areas, we’ve seen far too many lives destroyed by drunk drivers.
Texas Dram Shop Law (TABC § 2.02):
Texas has a powerful law that allows victims of drunk driving accidents to hold bars, restaurants, and other establishments liable if they served alcohol to an obviously intoxicated person who then caused an accident.
Elements of Dram Shop Liability:
- The establishment served alcohol to a patron who was obviously intoxicated
- The over-service was the proximate cause of the accident and damages
Signs of Obvious Intoxication:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Impaired coordination
- Aggressive or erratic behavior
- Strong odor of alcohol
- Difficulty standing or walking
Potentially Liable Parties:
- Bars and nightclubs
- Restaurants serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Hotels with bars or room service
- Country clubs and private clubs
Punitive Damages Available:
Drunk driving cases often qualify for punitive (exemplary) damages, which are designed to punish the defendant and deter similar conduct. In Texas, punitive damages are capped at the greater of:
- $200,000, OR
- 2x economic damages + 1x non-economic damages (capped at $750,000 for non-economic portion)
Criminal + Civil Capability:
Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), which gives our firm unique capability in drunk driving cases. We can handle both the criminal aspects (if charges are filed) and the civil claim for compensation.
Our Firm’s DWI Defense Experience:
While we now fight for accident victims, our experience handling DWI defense cases gives us unique insight into these claims:
- Case 1: 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.
- Case 2: Our client drove home at 2:30 a.m., hit a curb and rolled his car, injuring a passenger. We learned that 1) police conducted no breath or blood test, 2) EMS didn’t note intoxication, 3) nurse notes from the hospital were missing. Case dismissed on day of trial.
- Case 3: Our client was charged with DUI/DWI, and the state’s primary evidence was a video of the field sobriety test. We succeeded in having the case dismissed because our client did not appear drunk in the video.
If you or a loved one has been injured by a drunk driver in Baird or anywhere in West Texas, call Attorney911 at 1-888-ATTY-911. We’ll investigate every angle, including potential dram shop liability, to maximize your recovery.
Motorcycle Accidents (Tier 2 – High Risk of Severe Injury)
Motorcycle accidents are particularly dangerous due to the lack of protection for riders. In Texas, 585 motorcyclists were killed in crashes last year, and 37% of those killed were not wearing helmets.
Texas Helmet Law:
- Required for all riders under 21
- Riders 21+ may ride without a helmet if they:
- Have completed an approved motorcycle safety course, OR
- Have at least $10,000 in medical insurance coverage
High-Risk Demographics:
- 90%+ of fatal motorcycle accident victims are male
- The 25-44 age group is at highest risk
- Riders 50+ are increasingly represented in serious and fatal crashes
Common Causes of Motorcycle Accidents in Baird:
- Failure to yield right of way (most common cause)
- Driver inattention or distraction
- Unsafe lane changes by other vehicles
- Left-turn accidents (T-bone or head-on collisions)
- Speeding or reckless driving
- Road hazards (gravel, potholes, debris)
- Impaired riding (alcohol or drugs)
Comparative Negligence Issues:
Texas uses the 51% bar rule for comparative negligence. This means:
- 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
Insurance companies often try to blame motorcyclists for accidents, even when the other driver is clearly at fault. Lupe Peña’s experience as an insurance defense attorney gives us a unique advantage in countering these arguments.
Client Testimonial: “Ralph Manginello is indeed the best attorney I ever had. He cares greatly about his results.” – AMAZIAH A.T.
If you’ve been injured in a motorcycle accident in Baird or anywhere in West Texas, don’t let the insurance company blame you. Call Attorney911 at 1-888-ATTY-911 for a free consultation.
Pedestrian Accidents (Tier 2 – Most Vulnerable Road Users)
Pedestrians are the most vulnerable road users, with no protection against the impact of a vehicle. In Texas, 6,095 pedestrian crashes occurred last year, resulting in 768 fatalities. Pedestrians account for only 1% of all crashes but 19% of all roadway deaths.
Critical Legal Point:
In Texas, pedestrians ALWAYS have the right-of-way at intersections, even at unmarked crosswalks. This means that if two streets intersect, the entire area between them is considered a crosswalk, even if there are no painted lines.
Common Pedestrian Accident Locations in Baird:
- Intersections without proper crosswalks
- Parking lots and driveways
- Roads without sidewalks
- Areas with poor lighting
- Busy commercial areas
- School zones
Common Injuries in Pedestrian Accidents:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken pelvis and legs
- Internal organ damage
- Severe lacerations and road rash
- Fatalities
Why Pedestrian Accidents Happen:
- Driver inattention or distraction
- Failure to yield at crosswalks
- Speeding, especially in residential areas
- Impaired driving (alcohol or drugs)
- Poor visibility (nighttime, weather conditions)
- Left-turning vehicles not seeing pedestrians
If you or a loved one has been injured in a pedestrian accident in Baird, call Attorney911 at 1-888-ATTY-911. We’ll fight to protect your rights and maximize your compensation.
Rideshare Accidents (Uber/Lyft) (Tier 2 – Complex Insurance Issues)
Rideshare services like Uber and Lyft have transformed transportation in Baird and across Texas, but they’ve also created complex insurance issues when accidents occur. With 11 billion rideshare trips taken in the U.S. since 2010, accidents are inevitable.
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 |
Why This Matters:
Insurance coverage varies dramatically based on the driver’s status at the time of the accident. This complexity is why you need an attorney with experience handling rideshare cases.
Who Can Be Injured in Rideshare Accidents:
- 21% Riders
- 21% Drivers
- 58% Third parties (other drivers, pedestrians, passengers in other vehicles)
Potentially Liable Parties:
- Rideshare driver
- Rideshare company (Uber/Lyft)
- Other at-fault drivers
- Vehicle owner (if different from driver)
- Vehicle manufacturer (if defect contributed)
Lupe Peña’s Insurance Knowledge is Critical:
Lupe understands the insurance phase system from his years working for insurance companies. He knows how to identify the correct insurance coverage and maximize your recovery.
If you’ve been injured in a rideshare accident in Baird, call Attorney911 at 1-888-ATTY-911. We’ll navigate the complex insurance maze and fight for the compensation you deserve.
Hit and Run Accidents (Tier 2 – Fleeing Drivers)
Hit and run accidents are particularly frustrating because the at-fault driver flees the scene, leaving victims injured and confused. In the U.S., someone is involved in a hit and run accident every 43 seconds.
Texas Hit and Run Penalties:
Texas takes hit and run accidents seriously, with penalties ranging from misdemeanors to felonies:
| Severity | Charge | Penalty |
|---|---|---|
| Death | 2nd Degree Felony | 2-20 years prison, up to $10,000 fine |
| Serious Bodily Injury | 3rd Degree Felony | 2-10 years prison, up to $10,000 fine |
| Minor Injury | State Jail Felony | Up to 5 years, up to $5,000 fine |
| Property Damage ≥$200 | Class B Misdemeanor | Up to 6 months jail, up to $2,000 fine |
Uninsured/Underinsured Motorist (UM/UIM) Coverage:
When the at-fault driver flees and cannot be identified, your own UM/UIM coverage can compensate you for your injuries. Texas allows inter-policy stacking, which means you may be able to combine coverage from multiple vehicles on your policy.
Evidence Preservation is Critical:
Surveillance footage from nearby businesses is typically deleted within 7-30 days. We send preservation letters immediately to secure this critical evidence before it’s lost forever.
What to Do After a Hit and Run in Baird:
- Call 911 and report the accident
- Seek medical attention immediately
- Document everything (photos, witness information)
- Do NOT chase the fleeing driver
- Call Attorney911 at 1-888-ATTY-911 for immediate legal guidance
Client Testimonial: “They took over my case from another lawyer and got to working on my case.” – CON3531
If you’ve been injured in a hit and run accident in Baird, call Attorney911 immediately at 1-888-ATTY-911. Time is critical to preserve evidence and protect your rights.
The 48-Hour Evidence Preservation Protocol
After a motor vehicle accident, evidence begins disappearing almost immediately. Every day you wait reduces the value of your case. At Attorney911, we move quickly to preserve critical evidence before it’s lost forever.
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: Get to the ER immediately, even if you feel fine. Adrenaline masks injuries, and you may be hurt without realizing it
✅ Document Everything:
- Take photos of ALL vehicle damage (every angle)
- Photograph the accident scene, road conditions, traffic signals
- Take photos of visible injuries
- Screenshot any messages visible on your phone (do NOT delete anything)
✅ Exchange Information:
- Other driver’s name, phone, address
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, color
✅ Witnesses:
- Get names and phone numbers of any witnesses
- Ask if they saw what happened
- Record their statements if possible
✅ Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company
Hour 6-24: Evidence Preservation
✅ Digital Preservation:
- Preserve all texts, calls, photos, videos related to the accident
- Do NOT delete anything from your phone
- Screenshot everything relevant
- Email copies to yourself for backup
✅ Physical Evidence:
- Secure damaged clothing, glasses, personal items
- Keep receipts for any expenses (towing, rental car, medications)
- Do NOT repair your vehicle yet – preserve the damage
✅ Medical Records:
- Request copies of all ER/hospital records
- Keep all discharge paperwork
- Follow up with your primary care physician within 24-48 hours
✅ Insurance Communications:
- Note any calls from insurance companies
- Do NOT give recorded statements yet
- Do NOT sign anything
- Do NOT accept any settlement offers
- Say: “I need to speak with my attorney first”
✅ Social Media:
- Make ALL profiles private immediately
- Do NOT post about the accident
- Do NOT post photos of injuries or activities
- Tell friends/family not to tag you in posts
Hour 24-48: Strategic Decisions
✅ Legal Consultation:
- Speak with an experienced motor vehicle accident attorney
- Call Attorney911 at 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
Texas Motor Vehicle Law: What You Need to Know
Statute of Limitations
Texas Civil Practice & Remedies Code § 16.003
| Claim Type | Time Limit | Starts From |
|---|---|---|
| Personal Injury | 2 years | Date of accident |
| Wrongful Death | 2 years | Date of death |
| Property Damage | 2 years | Date of damage |
| Government Claims | 6 months notice | Date of incident |
| Minors | Tolled until 18 | Then 2 years |
Critical: Miss the deadline and your case is BARRED forever. You cannot extend or waive this deadline.
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 % 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 Arguments:
Lupe Peña knows how insurance companies assign fault because he did it for years. Now he uses that knowledge to protect your rights and maximize your recovery.
Texas Minimum Auto Insurance Requirements
| 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)
- Texas allows inter-policy stacking for UM/UIM coverage
How Insurance Companies Try to Minimize Your Claim
At Attorney911, we know the insurance company playbook because Lupe Peña used to work for them. He spent years learning how insurance companies value claims and defend against them. Now he uses that insider knowledge to fight for accident victims like you.
Tactic #1: Quick Contact & Recorded Statement (Days 1-3)
What They Do:
Insurance adjusters contact you IMMEDIATELY – often while you’re still in the hospital, on pain medication, or overwhelmed by the situation. They act friendly and helpful, saying things like:
- “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:
They’re building their defense against you with leading questions designed to trap you:
| Question They Ask | What They Want You to Say |
|---|---|
| “You’re feeling better now though, right?” | Trap you into saying you’re improving |
| “It wasn’t that bad of an impact, was it?” | Minimize collision severity |
| “You were able to walk away from the scene?” | Suggest injuries 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 you say 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
- 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 They Do:
Within days or weeks of your accident, the insurance company offers you quick money:
- Typical offers: $2,000-$5,000
- Sometimes $10,000-$15,000 if they’re scared
- Sounds good when you have zero money and mounting bills
They Create Artificial Urgency:
- “This offer expires in 48 hours”
- “I can only get approval for this amount right now”
- “Take it or leave it”
- “This is our final offer” (it’s not)
The Trap:
You don’t know the extent of your injuries yet. Here’s what often happens:
| What Happens | Result |
|---|---|
| Day 3: Insurance offers $3,500 “final settlement” | You’re desperate, in pain, scared |
| You sign the release | You think it’s over |
| Week 6: MRI shows herniated disc requiring surgery | Surgery costs $100,000 |
| TOO LATE | You signed the release, can’t reopen claim |
| You pay $100,000 out of pocket | Insurance pays nothing more |
RELEASE IS PERMANENT AND FINAL.
How Attorney911 Counters:
NEVER settle before reaching Maximum Medical Improvement (MMI)
- MMI = as good as you’ll get medically
- Could be 6 months, 12 months, 24+ months depending on injuries
- You can’t know the true value of your case until MMI
- We know their 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:
An insurance company-hired doctor whose job is to minimize your injuries
How Insurance Companies Choose IME Doctors:
They select doctors based on:
- Who gives insurance-favorable reports (NOT who’s most qualified)
- Doctors who consistently find “no injury” or “pre-existing condition”
- Doctors paid THOUSANDS by insurance companies ($2,000-$5,000 per exam)
- Repeat business = repeat favorable reports
What Happens at an 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 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 They Do:
They drag your case out, hoping you’ll get desperate and accept a lowball offer:
- “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 $5,000 offer
- Month 6: You’d seriously consider $5,000
- Month 12: You’d BEG for $5,000 just to end the nightmare
How Attorney911 Counters:
- We file a lawsuit to force deadlines
- We set depositions to compel them to produce witnesses
- We prepare for trial to show we’re serious
- Lupe understands delay tactics because he used them – knows when to push
Tactic #5: Surveillance and Social Media Monitoring
What They Do:
Insurance companies hire private investigators to:
- Video you doing daily activities
- Film from public places (your driveway, street, stores)
- Follow you to appointments, errands, social activities
- Look for ANY activity that contradicts your injury claims
- One video of you bending over = “Not really injured”
They Monitor ALL Your Social Media:
- Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
- Screenshot EVERYTHING: photos, posts, check-ins, comments, likes
- Monitor your friends’ profiles for posts mentioning you
- Use facial recognition to find photos you’re tagged in
- Archive your entire social media history
Examples We’ve Defended Against:
| Example | What Happened | 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 smiling | “Not in pain – she’s smiling!” | Everyone smiles for photos |
7 Rules for Clients:
- Make ALL profiles private immediately
- DON’T post about the accident, injuries, activities, or emotions
- DON’T check in anywhere
- Tell friends/family: don’t tag, don’t post about you
- Don’t accept friend requests from strangers (fake profiles)
- BEST: Stay off social media entirely during your case
- 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 They Do:
They try to assign you MAXIMUM fault to reduce their payment:
- “You were speeding” (without evidence)
- “You weren’t paying attention” (speculation)
- “You could have avoided this” (hindsight bias)
- “You were distracted” (guessing)
- “You contributed to this accident” (shifting blame)
Why They Do This:
Texas’s 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.
Tactic #7: Colossus & Claim Valuation Software
How Insurance Companies ACTUALLY Value Your Claim:
Lupe Knows This From 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 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 output is artificially low
Reserve Setting:
What Reserves Are:
- Money insurance company sets aside for your claim
- Based on worst-case scenario (their estimate of trial verdict)
- Adjuster usually CANNOT settle for more than reserve without approval
How We Increase Reserves:
- Hiring experts (shows we’re investing in the case)
- Taking depositions (creating litigation expense)
- 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 #8: Medical Authorization Trap
What They Do:
They request a broad medical authorization:
- “We need your medical records to process your claim”
- Send 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: Defendant takes victim as they find them
- Prior injury doesn’t give them 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 aggravation
- “Before accident: mild occasional back pain. After 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 #9: Gaps in Treatment Attack
What They Do:
They 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”
- “Gap in treatment shows you’re not really injured”
- “You must have felt better—that’s why you stopped going”
- “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 gap
- Reduce settlement value
How Attorney911 Counters:
We Document Reasons for Gaps:
- Get your explanation in writing
- Obtain supporting documentation
- Show 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 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 #10: Policy Limits Bluff
What They Do:
They 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 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
- They 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 $30,000 policy limit. We investigated and found:
- $30,000 personal auto policy
- $1,000,000 commercial policy (driver was making a delivery)
- $2,000,000 umbrella policy
- $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.
Types of Damages You Can Recover
Economic Damages (No Cap in Texas)
| Damage Type | What It Covers |
|---|---|
| Medical Expenses (Past) | ER visits, hospital stays, surgery, doctor visits, 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 (phone, glasses, clothing) |
| Out-of-Pocket Expenses | Transportation to medical appointments, home modifications, household help, rental car |
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 in Texas)
- Available for gross negligence, fraud, or malice
- Drunk driving cases often qualify
- Cap: Greater of $200,000 OR (2x economic damages + 1x non-economic damages capped at $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 your previous job)
Pain & Suffering: $150,000-$450,000
Settlement Range: $346,000-$1,205,000
Traumatic Brain Injury (Moderate to Severe)
Medical Treatment:
- Emergency room and trauma care: $10,000-$30,000
- Hospital/ICU stay (1-4 weeks): $50,000-$200,000
- Neurosurgery if required: $75,000-$200,000
- Acute rehabilitation facility: $30,000-$100,000
- Neurologist follow-up care: $10,000-$30,000
- Neuropsychological testing: $3,000-$8,000
- Cognitive therapy: $15,000-$50,000
- Medications: $5,000-$20,000
- Total Past Medical: $198,000-$638,000
Future Medical (Life Care Plan): $300,000-$3,000,000+ depending on severity
Lost Wages: $50,000-$200,000
Lost Earning Capacity: $500,000-$3,000,000+
Pain & Suffering: $500,000-$3,000,000+
Settlement Range: $1,548,000-$9,838,000
Attorney911 Documented Result:
“Multi-million dollar settlement for client who suffered brain injury with vision loss when a log dropped on him at a 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.”
Why Choose Attorney911 for Your Baird Motor Vehicle Accident Case
1. Insurance Defense Insider Advantage
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
What This Means for Your Case:
- We know their tactics because Lupe used them
- We anticipate their strategies before they deploy them
- We know how they value claims internally
- We know which IME doctors they favor
- We know how to beat their algorithms
- We speak their language
No other firm in West Texas has this advantage.
2. Multi-Million Dollar Results
Attorney911 has recovered millions for victims of:
- Brain injuries: “Multi-million dollar settlement for client who suffered brain injury with vision loss”
- Amputations: “This case settled in the millions”
- Trucking wrongful death: “Recovered millions of dollars in compensation”
- Maritime injuries: “Significant cash settlement”
Our results prove we don’t settle cheap.
3. Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas.
Why This Matters:
- Complex cases often end up in federal court
- FMCSA trucking regulations are federal
- Diversity jurisdiction for out-of-state defendants
- Federal court requires different skills than state court
BP Explosion Litigation: “Our firm is one of the few firms in Texas to be involved in BP explosion litigation.”
4. Personal Attention from the Partners
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.
5. Contingency Fee – No Risk to You
“We don’t get paid unless we win your case.”
- Free consultation
- No upfront costs
- No hourly billing
- We advance all case costs
- You pay nothing unless we recover for you
6. Bilingual Services – Se Habla Español
Lupe Peña is fluent in Spanish, and our staff includes bilingual team members like Zulema. We understand the unique challenges faced by Spanish-speaking accident victims in Baird and across West Texas.
“Especially Miss Zulema, who is always very kind and always translates.” – Celia Dominguez
7. Local Knowledge of Baird and Callahan County
We understand the unique challenges of motor vehicle accidents in Baird and throughout Callahan County. Our knowledge of local roads, courts, and insurance adjusters gives us an advantage in building your case.
8. Comprehensive Case Handling
From the moment you call 1-888-ATTY-911, we handle everything:
- Evidence preservation (surveillance footage, witness statements)
- Medical lien negotiation
- Insurance communication
- Settlement negotiations
- Trial preparation if necessary
You focus on your recovery while we handle the legal battle.
9. Trial-Ready Approach
We prepare every case as if it’s going to trial. This approach gives us maximum leverage in settlement negotiations and ensures we’re ready to fight for you in court if necessary.
Insurance companies know we’re not bluffing.
10. Proven Track Record of Success
With 25+ years of experience and hundreds of satisfied clients, Attorney911 has established a reputation for excellence in motor vehicle accident cases.
“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.” – Glenda Walker
“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
Frequently Asked Questions About Motor Vehicle Accidents in Baird, Texas
Immediate After Accident
1. What should I do immediately after a car accident in Baird, Texas?
If you’ve been in an accident in Baird:
- Call 911 and report the accident
- Seek medical attention immediately, even if you feel fine
- Document everything with photos and videos
- Exchange information with the other driver
- Get witness contact information
- Do NOT give a recorded statement to any insurance company
- Call Attorney911 at 1-888-ATTY-911 for immediate legal guidance
2. Should I call the police even for a minor accident?
Yes. Always call the police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000.
3. Should I seek medical attention if I don’t feel hurt?
ABSOLUTELY. Many serious injuries don’t show symptoms immediately:
- Traumatic brain injuries can take days to manifest
- Internal bleeding may not be obvious
- Herniated discs may not cause pain for weeks
- Adrenaline masks pain at the scene
Insurance companies use delays in treatment against you. Get checked immediately.
4. What information should I collect at the scene?
- Other driver: name, phone, address, driver’s license, insurance
- Vehicle: make, model, color, license plate
- Witnesses: names and phone numbers
- Photos: all vehicle damage, injuries, road conditions, traffic signals
- Police: officer name, badge number, report number
5. Should I talk to the other driver or admit fault?
- Exchange information only
- Do NOT discuss fault
- Do NOT apologize or say “I’m sorry” (can be used as admission)
- Do NOT give your opinion on what happened
- Stick to facts only
6. How do I obtain a copy of the accident report?
In Baird, 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
7. Should I give a recorded statement to insurance?
To the other driver’s insurance: NO. Not without an attorney.
To your own insurance: You have a duty to cooperate, but call Attorney911 first. We can advise you.
8. What if the other driver’s insurance contacts me?
Say: “I need to speak with my attorney first.” Give only basic information (name, date of accident). Do NOT give a recorded statement. Do NOT discuss injuries or fault.
9. Do I have to accept the insurance company’s estimate?
No. Their estimate is just an offer. It’s usually far below actual value. Attorney911 fights for what your case is really worth.
10. Should I accept a quick settlement offer?
NEVER accept a settlement before knowing the full extent of your injuries. Once you sign a release, you cannot get more money even if you need surgery later.
11. What if the other driver is uninsured/underinsured?
Your own UM/UIM coverage can compensate you. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8
12. Why does insurance want me to sign a medical authorization?
They want unlimited access to your ENTIRE medical history to find pre-existing conditions to use against you. Never sign without attorney review.
Legal Process
13. Do I have a personal injury case?
You may have a case if:
- Someone else was at fault (even partially)
- You suffered injuries or damages
- There is insurance to recover from
Watch our video: “Do I Have a Good Case?” at https://www.youtube.com/watch?v=j-PMMP5Jims
14. When should I hire a car accident lawyer?
Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911 at 1-888-ATTY-911.
15. 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 = case barred forever.
16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (reduced by your fault %). If you’re 51% or more at fault, you get nothing.
Watch our video: “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4
17. What happens if I was partially at fault?
You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.
18. Will my case go to trial?
Most cases settle before trial. But Attorney911 prepares every case AS IF it’s going to trial. That’s what gives us leverage.
Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc
19. How long will my case take to settle?
It depends on the severity of your injuries. We don’t settle until you’ve reached Maximum Medical Improvement (MMI). This could be 6 months for minor injuries or 18-24 months for serious injuries.
20. What is the legal process step-by-step?
- Investigation and evidence gathering
- Medical treatment to MMI
- Demand letter to insurance
- Negotiation
- Lawsuit if necessary
- Discovery
- Mediation
- Trial if needed
Watch our video: “What Is the Process for a Personal Injury Claim?” at https://www.youtube.com/watch?v=XwzYymneDVs
Compensation
21. What is my case worth?
It depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, insurance available. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).
22. What types of damages can I recover?
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of enjoyment of life
- Property damage
23. Can I get compensation for pain and suffering?
Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is NO CAP on pain and suffering (except in medical malpractice cases).
24. What if I have a pre-existing condition?
You can still recover if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule.
25. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries is NOT taxable. Punitive damages ARE taxable. Consult a tax professional.
26. How is the value of my claim determined?
Based on: medical bills, future treatment costs, lost income, permanent impairment rating, comparable verdicts, severity of injuries, impact on daily life.
Attorney Relationship
27. How much do car accident lawyers cost?
Attorney911 works on a contingency fee basis: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.
Watch our video: “How Do Contingency Fees Work?” at https://www.youtube.com/watch?v=upcI_j6F7Nc
28. What does “no fee unless we win” mean?
You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.
29. How often will I get updates?
Attorney911 provides regular updates. As client Dame Haskett said: “Consistent communication and not one time did i call and not get a clear answer.”
30. Who will actually handle my case?
At Attorney911, you work directly with Ralph Manginello or Lupe Peña, not just paralegals. As Chad Harris said: “You are NOT just some client…You are FAMILY to them.”
31. What if I already hired another attorney?
You can switch. As client Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
Mistakes to Avoid
32. What common mistakes can hurt my case?
- Giving a recorded statement without an attorney
- Accepting a quick settlement
- Delaying medical treatment
- Gaps in treatment
- Posting on social media
- Signing releases or authorizations
- Not documenting everything
Watch our video: “Client Mistakes That Can Ruin Your Case” at https://www.youtube.com/watch?v=r3IYsoxOSxY
33. Should I post about my accident on social media?
NO. Make all profiles private. Don’t post about the accident, injuries, or activities. Insurance monitors everything.
34. Why shouldn’t I sign anything without a lawyer?
Releases are PERMANENT. Medical authorizations give unlimited access. Settlement offers are binding. Once signed, you can’t undo it.
35. What if I didn’t see a doctor right away?
See one NOW. Explain you didn’t realize the severity of your injuries. Delayed symptoms are common. We can still help.
Additional Common Questions
36. What if I have a pre-existing condition?
You can still recover. If the accident AGGRAVATED your pre-existing condition, you’re entitled to compensation for the aggravation. The “eggshell plaintiff” rule means the defendant takes you as they find you. 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, not just the pre-existing pain. We hire medical experts to prove the difference. Lupe knows how insurance companies attack 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 your 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, and clear liability. For example, $100,000 in medical expenses × a 4 multiplier = $400,000 for pain and suffering. Lupe calculated these for years—he knows how to justify higher multipliers. See our Damages section 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 of experience 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?
Parking lot accidents are fully compensable. Insurance companies often argue “parking lot accidents are always 50/50 fault”—this is a 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 apply (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.
Baird, Texas Motor Vehicle Accident Resources
Local Hospitals and Medical Centers
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Hendrick Medical Center Brownwood (Nearest Level III Trauma Center)
1501 Burnet Rd, Brownwood, TX 76801
(325) 649-3400 -
Baird Medical Clinic
110 E 4th St, Baird, TX 79504
(325) 854-1122 -
Callahan County Hospital District
104 E 4th St, Baird, TX 79504
(325) 854-1234
Local Law Enforcement Agencies
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Baird Police Department
100 E 4th St, Baird, TX 79504
(325) 854-1213 -
Callahan County Sheriff’s Office
400 Market St, Baird, TX 79504
(325) 854-1444 -
Texas Department of Public Safety (DPS) – Abilene District
3933 Loop 322, Abilene, TX 79602
(325) 692-4980
Local Courts
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Callahan County Courthouse
100 W 4th St, Baird, TX 79504
(325) 854-1238 -
42nd District Court (Serves Callahan County)
Callahan County Courthouse
100 W 4th St, Baird, TX 79504
Dangerous Roads and Intersections in the Baird Area
- Interstate 20 through Callahan County – High-speed collisions, trucking accidents
- US Highway 283 – Rural road with poor lighting and wildlife crossings
- FM 603 and FM 18 – Intersection with limited visibility
- Baird’s Main Street (4th Street) and Market Street – Busy downtown intersection
- I-20 and FM 18 – Merge zone with high accident rates
Common Accident Locations in Baird
- Baird City Park area – Pedestrian accidents involving children
- Baird ISD school zones – Back-to-school traffic accidents
- Local convenience stores and gas stations – Distracted driving accidents
- Rural roads outside Baird – Single-vehicle rollovers and head-on collisions
- Highway construction zones – Rear-end collisions and work zone accidents
What to Do Next: Call Attorney911 Today
If you’ve been injured in a motor vehicle accident in Baird, Texas, don’t wait. Evidence disappears daily, and the insurance company is already building a 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. There’s no risk to you—only the potential for the compensation you deserve.
Remember:
- We know how insurance companies value claims because Lupe used to calculate them
- We’ve recovered millions for accident victims just like you
- We prepare every case as if it’s going to trial
- We answer at 1-888-ATTY-911—that’s a legal emergency line, not a marketing gimmick
Don’t face this alone. Call Attorney911 today: 1-888-ATTY-911
Se habla español. Lupe Peña and our team are ready to help Spanish-speaking clients.
The Manginello Law Firm, PLLC | Attorney911
Serving Baird, Texas and all of Callahan County
1-888-ATTY-911 (1-888-288-9911)