Car Accident Lawyers in Abernathy, Texas | Attorney911
If you’ve been injured in a car accident in Abernathy, Texas, you’re not alone. With one motor vehicle crash occurring every 57 seconds in Texas and 251,977 people injured annually, our roads have become increasingly dangerous. At Attorney911, we understand the physical, emotional, and financial toll a car accident can take on you and your family. With over 25 years of experience serving the Texas Panhandle, including Hale County and the surrounding areas, our team is here to fight for the compensation you deserve.
Ralph Manginello, our founding attorney, has been protecting the rights of accident victims since 1998. As a member of the Harris County Criminal Lawyers Association and admitted to practice in the U.S. District Court for the Southern District of Texas, Ralph brings unparalleled expertise to every case. Our firm’s unique advantage comes from Lupe Peña, a former insurance defense attorney who knows exactly how insurance companies evaluate claims because he used to calculate them himself. This insider knowledge allows us to anticipate and counter the tactics insurance companies use to minimize your compensation.
Why Car Accidents Happen in Abernathy and Hale County
Abernathy sits at the intersection of US-87 and FM 179, a busy corridor that connects Lubbock to Amarillo and sees significant truck traffic from the region’s agricultural and energy industries. The combination of local commuters, long-haul truckers, and agricultural vehicles creates a dangerous mix on our roads. Some of the most common causes of car accidents in our area include:
- Distracted driving (texting, using GPS, or adjusting music while driving)
- Speeding, especially on rural highways where drivers feel comfortable exceeding limits
- Failure to yield at intersections, particularly at the busy US-87 and FM 179 junction
- Drunk or impaired driving, especially during harvest seasons and local events
- Following too closely, which is particularly dangerous on two-lane highways
- Poor weather conditions, including sudden dust storms and icy roads in winter
- Drowsy driving, especially among agricultural workers with long hours
The Texas Department of Transportation reports that 380 people died in distracted driving crashes in 2024, and many more suffered life-changing injuries. In Hale County alone, we see far too many accidents that could have been prevented with proper attention and caution.
Common Injuries from Car Accidents
Car accidents can cause a wide range of injuries, from minor to catastrophic. Some of the most common injuries we see in Abernathy car accident cases include:
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Whiplash and soft tissue injuries: These are the most common injuries in rear-end collisions. While they may seem minor initially, whiplash can lead to chronic pain and long-term complications if not properly treated. Symptoms often don’t appear until days after the accident.
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Herniated discs: The force of a collision can cause the discs in your spine to bulge or rupture, pressing on nerves and causing severe pain, numbness, or weakness. These injuries often require extensive physical therapy and may lead to surgery.
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Broken bones and fractures: Arms, legs, ribs, and facial bones are frequently broken in car accidents. Some fractures require surgery with metal plates or screws to heal properly. The recovery process can take months and may result in permanent limitations.
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Traumatic brain injuries (TBI): Even a “mild” concussion can have serious long-term effects. More severe TBIs can cause permanent cognitive impairment, personality changes, and require lifelong care. Symptoms may include headaches, memory problems, difficulty concentrating, and mood swings.
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Spinal cord injuries: These devastating injuries can result in partial or complete paralysis. The lifetime cost of care for spinal cord injury patients can exceed $4 million, depending on the severity and level of injury.
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Internal organ damage: The force of a collision can cause internal bleeding or damage to organs like the liver, spleen, or kidneys. These injuries are often life-threatening and require immediate medical attention.
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Post-traumatic stress disorder (PTSD): Many accident victims develop anxiety about driving, experience flashbacks, or have difficulty sleeping. These psychological injuries can be just as debilitating as physical ones.
One of our clients suffered a leg injury in a car accident on US-87 near Abernathy. During treatment, staff infections developed, and doctors ultimately had to perform a partial amputation. This case settled in the millions, allowing our client to receive the lifelong care and support they needed.
Who’s Responsible for Your Abernathy Car Accident?
Texas is an at-fault state, which means the driver who caused the accident is responsible for the damages. However, determining fault isn’t always straightforward. Insurance companies often try to shift blame or minimize their client’s responsibility. Some common liability issues in car accident cases include:
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Comparative negligence: Texas follows a “51% bar rule,” which means you can only recover compensation if you’re 50% or less at fault. If you’re found to be 51% or more at fault, you can’t recover anything. Insurance companies frequently try to assign maximum fault to victims to reduce their payouts.
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Multiple liable parties: In some cases, more than one party may share responsibility. For example, if a defective vehicle part contributed to the accident, the manufacturer might also be liable.
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Employer liability: If the at-fault driver was working at the time of the accident, their employer may also be responsible under the legal doctrine of respondeat superior.
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Government liability: If poor road conditions or malfunctioning traffic signals contributed to the accident, the local government might share responsibility. These cases have special notice requirements and shorter deadlines.
Lupe Peña’s experience working for insurance companies gives us a unique advantage. He knows exactly how adjusters evaluate liability and what arguments they use to minimize claims. We use this insider knowledge to build stronger cases for our clients.
Why Choose Attorney911 for Your Abernathy Car Accident Case?
When you’re injured in a car accident, you need more than just a lawyer – you need a team that understands the unique challenges of our community and has the experience to fight for maximum compensation. Here’s why Abernathy residents trust Attorney911:
1. Insurance Defense Insider Knowledge
Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims. This insider knowledge is invaluable when negotiating with insurance adjusters. We know their tactics because Lupe used them for years – now he uses that knowledge to fight for you.
“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
2. Proven Results
At Attorney911, we don’t just talk about results – we prove them. Our track record includes:
- A multi-million dollar settlement for a client who suffered a brain injury with vision loss
- A case where our client’s leg was injured in a car accident, leading to staff infections and partial amputation, which settled in the millions
- Numerous trucking-related wrongful death cases where we’ve recovered millions for families
- A maritime injury case where we secured a significant cash settlement for a client injured while lifting cargo
As client Kiimarii Yup shared: “I lost everything… my car was at a total loss and because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return plus a brand new truck.”
3. Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court experience is crucial for complex cases that may involve multiple jurisdictions or out-of-state defendants. Our firm is also one of the few in Texas to be involved in BP explosion litigation, demonstrating our ability to take on billion-dollar corporations.
4. Personal Attention You Can Trust
Unlike large firms that treat you like a case number, Attorney911 provides personal attention throughout your case. As client Chad Harris said: “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
Your case will be handled by Ralph Manginello or Lupe Peña, not passed off to a paralegal or junior associate. We believe in building relationships with our clients, not just processing cases.
5. No Fee Unless We Win
We understand that accident victims are often facing financial hardship. That’s why we work on a contingency fee basis – you pay nothing unless we win your case. There are no upfront costs or hidden fees. If we don’t recover compensation for you, you owe us nothing.
“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles
What to Do After a Car Accident in Abernathy
The moments after a car accident can be confusing and overwhelming. Here’s what you should do to protect your rights and strengthen your case:
At the Scene:
- Call 911 immediately to report the accident and request medical assistance if needed.
- Check for injuries and seek medical attention, even if you feel fine. Adrenaline can mask pain and injuries may not be immediately apparent.
- Move to safety if possible, but don’t leave the scene.
- Exchange information with the other driver(s), including:
- Name, address, and phone number
- Driver’s license number
- Insurance company and policy number
- Vehicle make, model, and license plate number
- Document the scene with photos and videos of:
- Vehicle damage from multiple angles
- Injuries
- Road conditions
- Traffic signals and signs
- Skid marks and debris
- Get witness information – names and phone numbers of anyone who saw the accident.
- Don’t admit fault – stick to the facts when talking to police and others at the scene.
- Call Attorney911 at 1-888-ATTY-911 before speaking to any insurance company.
After Leaving the Scene:
- Seek medical attention immediately, even if you don’t think you’re seriously injured. Some injuries, like traumatic brain injuries or internal bleeding, may not show symptoms right away.
- Follow your doctor’s recommendations for treatment and follow-up care. Gaps in treatment can be used by insurance companies to argue that your injuries aren’t serious.
- Keep all medical records and bills related to your accident injuries.
- Document everything – keep a journal of your symptoms, pain levels, and how the injuries affect your daily life.
- Don’t post on social media – insurance companies monitor social media for evidence to use against you.
- Don’t give recorded statements to insurance adjusters without consulting an attorney.
- Don’t sign anything from insurance companies without having it reviewed by an attorney.
Within the First 48 Hours:
- Preserve evidence – we send preservation letters to businesses, trucking companies, and others to prevent evidence from being destroyed.
- Obtain the police report – this is crucial evidence for your case.
- Contact your insurance company to report the accident, but don’t give details about your injuries or accept any settlements.
- Call Attorney911 at 1-888-ATTY-911 for a free consultation. The sooner you call, the sooner we can start protecting your rights.
Evidence That Strengthens Your Case
The strength of your car accident case depends on the quality of evidence we can gather. Here are the types of evidence we use to build strong cases for our clients:
- Photographs and videos of the accident scene, vehicle damage, and injuries
- Police accident reports documenting what happened and who was at fault
- Witness statements from people who saw the accident
- Medical records showing the extent of your injuries and treatment
- Expert testimony from accident reconstructionists, medical experts, and economists
- Electronic data from vehicle black boxes, GPS systems, or cell phones
- Surveillance footage from nearby businesses or traffic cameras
- Employment records to document lost wages and earning capacity
- Vehicle maintenance records if mechanical failure contributed to the accident
Time is critical when gathering evidence. Surveillance footage from businesses is typically deleted within 7-30 days. Witness memories fade quickly. Electronic data from vehicles can be overwritten. That’s why it’s so important to call Attorney911 immediately after your accident.
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, and they have sophisticated tactics to achieve this. Here are some of the most common strategies they use:
1. Quick Contact and Recorded Statements
Insurance adjusters will contact you within days of your accident, often while you’re still in the hospital or recovering at home. They’ll sound friendly and helpful, but their real goal is to get you to say something that can be used against you.
They’ll ask leading questions designed to minimize your injuries or shift blame:
- “You’re feeling better now though, right?”
- “It wasn’t that bad of an impact, was it?”
- “You were able to walk away from the scene?”
- “Were you distracted at all?”
- “How fast were you going?”
What you should do: Don’t give recorded statements without consulting an attorney. Refer all calls to Attorney911. We know their tactics because Lupe used them for years.
2. Quick Settlement Offers
Within days or weeks of your accident, the insurance company may offer you a quick settlement. These offers are almost always far below the true value of your case. They’re counting on your financial desperation to make you accept less than you deserve.
Why this is a trap: You don’t know the full extent of your injuries yet. What seems like a good offer today could be woefully inadequate if you need surgery or long-term care later. Once you sign a release, you can’t go back for more money, even if your medical bills far exceed the settlement amount.
3. “Independent” Medical Exams
If you file a claim, the insurance company may require you to submit to an “Independent Medical Examination” (IME) with a doctor of their choosing. These exams are anything but independent. The doctors are hired and paid by the insurance company, and their job is to find reasons to minimize your injuries.
Common IME findings:
- “Patient has pre-existing degenerative changes” (everyone over 40 has some arthritis)
- “Injuries consistent with minor trauma” (minimizing your pain and suffering)
- “Patient can return to full duty work” (eliminating lost wage claims)
- “Treatment has been excessive” (attacking your doctors)
- “Subjective complaints out of proportion to objective findings” (calling you a liar)
Our advantage: Lupe knows these doctors and their biases because he hired them when he worked for insurance companies. We prepare our clients thoroughly for IMEs and challenge biased reports with our own medical experts.
4. Delay and Financial Pressure
Insurance companies know that accident victims often face financial hardship. They’ll drag out your case, hoping you’ll become desperate and accept a low settlement offer.
Their tactics:
- “Still investigating your claim”
- “Waiting for medical records” (even when we’ve already sent them)
- “Reviewing your file” (with no progress)
- Ignoring calls and emails
- Taking weeks to respond to simple questions
Why this works: While they’re earning interest on your settlement money, you’re facing mounting bills, lost income, and financial stress. Many victims give up and accept whatever they can get just to end the nightmare.
Our response: We file lawsuits to force deadlines. We set depositions to make them produce witnesses. We prepare for trial to show we’re serious. Lupe understands delay tactics because he used them – now he knows how to counter them.
5. Surveillance and Social Media Monitoring
Insurance companies hire private investigators to follow accident victims and monitor their social media accounts. They’re looking for any activity that contradicts your injury claims.
What they monitor:
- Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
- Photos, videos, check-ins, comments, likes
- Friends’ and family members’ posts about you
- Your entire social media history
Examples of how they use this information:
- A photo of you smiling at a family gathering becomes “evidence” that you’re not in pain
- A check-in at a restaurant becomes “proof” that you’re not disabled
- A video of you walking your dog becomes “evidence” that you can work
- An old photo from years ago becomes “evidence” of a pre-existing condition
What you should do:
- Make all social media profiles private immediately
- Don’t post about your accident, injuries, or activities
- Tell friends and family not to tag you in posts
- Don’t accept friend requests from strangers
- Assume everything is being monitored
6. Comparative Fault Arguments
Insurance companies will try to assign you as much fault as possible to reduce their payout. Under Texas law, if you’re found to be 51% or more at fault, you can’t recover anything. Even if you’re 50% or less at fault, your compensation is reduced by your percentage of fault.
Common arguments:
- “You were speeding” (even without evidence)
- “You weren’t paying attention”
- “You could have avoided the accident”
- “You were distracted”
- “You contributed to this accident”
Our advantage: Lupe knows these arguments because he made them for years when he worked for insurance companies. Now he uses that knowledge to counter their claims and protect your rights.
Colossus: The Software Insurance Companies Use to Undervalue Your Claim
Most major insurance companies use a software program called Colossus to calculate the value of personal injury claims. This system is designed to minimize payouts, not to provide fair compensation.
How Colossus works:
- The insurance adjuster inputs information about your injuries, treatment, and costs
- The software assigns codes to your injuries (a herniated disc might be coded as a “soft tissue strain”)
- Colossus applies algorithms to determine a “value” for your claim
- The system provides a recommended settlement range
- The adjuster typically cannot exceed this range without supervisor approval
How insurance companies manipulate Colossus:
- Using the lowest possible injury codes
- Flagging “excessive” treatment to reduce value
- Penalizing conservative treatment like chiropractic care
- Reducing value for any pre-existing conditions
- Applying jurisdiction factors for low-verdict areas
Our advantage: Lupe knows how to present your medical records to maximize your Colossus valuation. He understands which medical terms trigger higher values and how to justify the true extent of your injuries.
What You Can Recover in an Abernathy Car Accident Case
If you’ve been injured in a car accident, you may be entitled to compensation for:
Economic Damages (No Cap in Texas)
- Medical expenses (past and future): Hospital bills, doctor visits, physical therapy, medications, medical equipment, and any future medical care you may need.
- Lost wages: Income you’ve lost due to time off work for recovery and medical appointments.
- Lost earning capacity: If your injuries prevent you from returning to your previous job or reduce your ability to earn income in the future.
- Property damage: Repair or replacement of your vehicle and any personal property damaged in the accident.
- Out-of-pocket expenses: Transportation to medical appointments, home modifications, and any other accident-related expenses.
Non-Economic Damages (No Cap Except Medical Malpractice)
- Pain and suffering: Physical pain from your injuries, both past and future.
- Mental anguish: Emotional distress, anxiety, depression, fear, and PTSD related to the accident.
- Physical impairment: Loss of physical function, disability, and limitations on your activities.
- Disfigurement: Scarring or other permanent visible injuries that affect your appearance.
- 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 (Capped)
In cases of gross negligence or intentional misconduct, you may be entitled to punitive damages. These are designed to punish the defendant and deter similar behavior. In Texas, punitive damages are capped at the greater of $200,000 or two times the amount of economic damages plus up to $750,000 in non-economic damages.
Common Types of Car Accidents in Abernathy
Rear-End Collisions
Rear-end collisions are among the most common types of car accidents in Abernathy and throughout Hale County. These accidents often occur at intersections, in heavy traffic, or when drivers are distracted. While they may seem minor, rear-end collisions can cause serious injuries, especially when larger vehicles are involved.
Common causes:
- Following too closely (tailgating)
- Distracted driving (texting, adjusting music, etc.)
- Sudden stops
- Poor weather conditions
- Mechanical failures (brake failure, etc.)
Common injuries:
- Whiplash
- Herniated discs
- Back and neck injuries
- Traumatic brain injuries
- Facial injuries from airbag deployment
As client MONGO SLADE shared: “I was rear-ended and the team got right to work…I also got a very nice settlement.”
Head-On Collisions
Head-on collisions are among the most dangerous types of car accidents, often resulting in catastrophic injuries or fatalities. These accidents typically occur when one driver crosses the center line or drives the wrong way on a road.
Common causes:
- Distracted driving
- Drowsy driving
- Impaired driving
- Passing on two-lane highways
- Wrong-way driving on highways or one-way streets
Common injuries:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Internal organ damage
- Wrongful death
Side-Impact (T-Bone) Collisions
Side-impact collisions, also known as T-bone accidents, occur when one vehicle strikes the side of another. These accidents are particularly dangerous because the sides of vehicles offer less protection than the front or rear.
Common locations:
- Intersections (especially the busy US-87 and FM 179 junction)
- Parking lots
- Highway on-ramps and off-ramps
Common causes:
- Failure to yield right-of-way
- Running red lights or stop signs
- Distracted driving
- Impaired driving
- Poor visibility
Common injuries:
- Head and brain injuries
- Spinal cord injuries
- Broken ribs and pelvis
- Internal bleeding
- Amputations
Single-Vehicle Accidents
Single-vehicle accidents involve only one vehicle and can be caused by a variety of factors. These accidents are common on rural roads in Hale County.
Common causes:
- Losing control due to speed or weather conditions
- Swerving to avoid animals or debris
- Mechanical failures
- Driver fatigue or impairment
- Poor road conditions
Common injuries:
- Vary widely depending on the circumstances
- Can be severe if the vehicle rolls over or strikes a fixed object
Multi-Vehicle Pileups
Multi-vehicle pileups often occur on highways and can involve dozens of vehicles. These accidents are particularly dangerous because they can lead to multiple impacts and secondary collisions.
Common causes:
- Poor weather conditions (fog, rain, ice)
- High speeds
- Following too closely
- Sudden stops
- Distracted driving
Common injuries:
- Multiple impact injuries
- Burns from vehicle fires
- Crush injuries
- Traumatic brain injuries
- Spinal cord injuries
Rollover Accidents
Rollover accidents occur when a vehicle tips onto its side or roof. These accidents are particularly dangerous and often result in catastrophic injuries.
Vehicles most at risk:
- SUVs and trucks with higher centers of gravity
- Vehicles with defective tires or suspension systems
- Vehicles carrying heavy or improperly secured loads
Common causes:
- High speeds, especially on curves
- Tripping on road debris or curbs
- Collisions with other vehicles
- Mechanical failures
- Poor road conditions
Common injuries:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Crush injuries
- Broken bones
- Internal organ damage
Hit and Run Accidents
Hit and run accidents occur when a driver leaves the scene without providing their information. These accidents can be particularly frustrating because it may be difficult to identify the at-fault driver.
What to do if you’re the victim of a hit and run:
- Call 911 and report the accident
- Seek medical attention if needed
- Document the scene and any information about the other vehicle
- Look for witnesses who may have seen the accident
- Contact Attorney911 immediately – we can help investigate and pursue compensation through your uninsured motorist coverage
Penalties for hit and run in Texas:
- 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)
- Injury: State jail felony (up to 5 years, up to $5,000 fine)
- Property damage over $200: Class B misdemeanor (up to 6 months jail, up to $2,000 fine)
How Long Do I Have to File a Car Accident Lawsuit in Texas?
In Texas, you have 2 years from the date of your accident to file a personal injury lawsuit. This is known as the statute of limitations. If you miss this deadline, your case will be barred, and you won’t be able to recover compensation for your injuries.
Exceptions to the 2-year rule:
- Discovery rule: If you couldn’t have reasonably discovered your injury at the time of the accident, the clock may start when you discovered or should have discovered the injury.
- Minors: The statute of limitations is tolled (paused) until the minor turns 18.
- Government claims: If your accident involved a government vehicle or entity, you may need to file a notice of claim within 6 months.
- Defendant absence: If the defendant leaves Texas, the clock may be tolled during their absence.
Why you shouldn’t wait:
- Evidence disappears over time (surveillance footage, witness memories, etc.)
- Insurance companies build their defense against you
- Medical treatment gaps can be used to argue your injuries aren’t serious
- You may feel financial pressure to accept a low settlement offer
“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.” – Lupe Peña
Why Abernathy Residents Choose Attorney911
When you’re injured in a car accident, you need a law firm that understands the unique challenges of our community. Here’s why Abernathy residents trust Attorney911:
1. We Know Abernathy and Hale County
Abernathy sits at the heart of the Texas Panhandle, serving as a vital connection between Lubbock and Amarillo. Our firm understands the unique traffic patterns and accident risks in this area:
- The intersection of US-87 and FM 179 sees heavy traffic from local commuters, agricultural vehicles, and long-haul truckers.
- Rural roads in Hale County can be dangerous, with sudden dust storms, livestock crossings, and limited lighting.
- The area’s agricultural industry means we’re familiar with accidents involving farm equipment and livestock.
- We understand the challenges of working with local law enforcement, hospitals, and courts.
2. We’re Part of Your Community
Attorney911 isn’t just a law firm – we’re your neighbors. We understand the values and concerns of Abernathy residents because we share them. Whether you’re a farmer, a teacher, a healthcare worker, or a small business owner, we’re committed to fighting for the people who make our community strong.
3. We Offer Personalized Service
Unlike large firms that treat you like a case number, we provide personal attention throughout your case. When you call Attorney911, you’ll speak directly with Ralph Manginello or Lupe Peña, not a call center or junior associate.
As client Dame Haskett shared: “Consistent communication and not one time did I call and not get a clear answer…Ralph reached out personally.”
4. We Speak Your Language
With a significant Hispanic population in Abernathy and Hale County, we’re proud to offer bilingual services. Lupe Peña is fluent in Spanish, and our staff includes Spanish-speaking case managers like Zulema.
“Especially Miss Zulema, who is always very kind and always translates.” – Celia Dominguez
5. We Have a Proven Track Record
Our results speak for themselves. We’ve recovered millions for car accident victims across Texas, including:
- Multi-million dollar settlements for catastrophic injuries
- Significant recoveries for clients who were initially turned away by other firms
- Fast resolutions for clients who needed compensation quickly
“In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” – Greg Garcia
Frequently Asked Questions About Car Accidents in Abernathy
What should I do immediately after a car accident in Abernathy?
If you’ve been in an accident in Abernathy:
- Call 911 and report the accident
- Seek medical attention, even if you feel fine
- Document everything with photos and videos
- Exchange information with the other driver
- Get witness names and phone numbers
- Don’t give recorded statements to insurance companies
- 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’re required to report accidents that result in injury, death, or property damage over $1,000. The police report is crucial 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 as much information as possible:
- Other driver: name, phone, address, driver’s license, insurance
- Vehicle: make, model, color, license plate
- Witnesses: names and phone numbers
- Photos: all vehicle damage, injuries, road conditions, traffic signals
- Police: officer name, badge number, report number
Should I talk to the other driver or admit fault?
- Exchange information only
- Don’t discuss fault
- Don’t apologize or say “I’m sorry” (can be used as admission)
- Don’t give your opinion on what happened
- Stick to facts only
How do I obtain a copy of the accident report?
You can obtain the police report from the responding agency or through the Texas Department of Transportation’s Crash Records Information System (CRIS).
Should I give a recorded statement to insurance?
To the other driver’s insurance: NO, not without an attorney.
To your own insurance: You have a duty to cooperate, but call Attorney911 first 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). Don’t give recorded statements, discuss injuries, or accept settlement offers.
Do I have to accept the insurance company’s estimate?
No. Their estimate is just an offer, usually far below actual value. Attorney911 fights for what your case is really worth.
Should I accept a quick settlement offer?
NEVER accept settlement before knowing full extent of injuries. Once you sign a release, you can’t get more money even if you need surgery later.
What if the other driver is uninsured or underinsured?
Your own UM/UIM (Uninsured/Underinsured Motorist) coverage can compensate you. Texas allows inter-policy stacking, which means you can combine coverage from multiple vehicles.
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.
What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (reduced by your fault %). If 51%+ at fault, you get nothing.
Do I have a personal injury case?
You may have a case if:
- Someone else was at fault (even partially)
- You suffered injuries or damages
- There is insurance to recover from
When should I hire a car accident lawyer?
Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911 at 1-888-ATTY-911.
How much time do I have to file (statute of limitations)?
In Texas: 2 years from date of accident for personal injury, 2 years from date of death for wrongful death. Miss it = case barred forever.
What is the legal process step-by-step?
- Investigation and evidence gathering
- Medical treatment to maximum medical improvement (MMI)
- Demand letter to insurance
- Negotiation
- Lawsuit if necessary
- Discovery
- Mediation
- Trial if needed
What happens if I was partially at fault?
You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.
Will my case go to trial?
Most cases settle before trial. But Attorney911 prepares every case as if it’s going to trial. That’s what gives us leverage in negotiations.
How long will my case take to settle?
Depends on injury severity. We don’t settle until you’ve reached MMI. Could be 6 months for minor injuries, 18-24 months for serious injuries.
What types of damages can I recover?
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of enjoyment of life
- Property damage
Can I get compensation for pain and suffering?
Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is no cap on pain and suffering (except medical malpractice).
What if I have a pre-existing condition?
You can still recover if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule.
Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries is not taxable. Punitive damages are taxable. Consult a tax professional.
How is the value of my claim determined?
Based on:
- Medical bills
- Future treatment costs
- Lost income
- Permanent impairment rating
- Comparable verdicts
- Severity of injuries
- Impact on daily life
How much do car accident lawyers cost?
Attorney911 works on a contingency fee basis – you pay nothing unless we win your case. If we recover compensation for you, our fee is a percentage of the recovery. You may still be responsible for court costs and case expenses regardless of outcome. Free consultation available to discuss fee structure.
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. As client Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
What if I’m an undocumented immigrant – can I still file a claim?
YES. Immigration status does not affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. 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.
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,” but this is a lie. We prove fault through surveillance video, witness statements, damage analysis, and traffic patterns. Texas comparative negligence rules apply.
What if I was a passenger in the at-fault vehicle?
You can sue the driver even if you were riding with them (friend, family member, Uber driver). You’re an innocent victim. Driver’s insurance covers passengers. No comparative fault issues (you weren’t driving). These cases often settle quickly because liability is clear. We handle the difficult conversation so you don’t have to.
What if the other driver died in the accident?
You can still pursue a claim against the deceased driver’s estate and insurance. Death doesn’t eliminate liability. Insurance policy still applies. 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.
Contact Attorney911 Today
If you or a loved one has been injured in a car accident in Abernathy, Hale County, or anywhere in the Texas Panhandle, don’t wait to get the help you need. Evidence disappears daily, and insurance companies are already building their case against you.
Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for a free, no-obligation consultation. We don’t get paid unless we win your case, so there’s no risk to you.
Remember:
- Evidence disappears daily – surveillance footage, witness memories, electronic data
- Insurance companies are not on your side – they’re trying to minimize your compensation
- You have only 2 years to file a lawsuit in Texas
- We know their tactics because Lupe used them for years
- We’ve recovered millions for car accident victims just like you
Don’t face this alone. Let Attorney911 fight for the compensation you deserve. Call 1-888-ATTY-911 now.
Se habla español. Lupe Peña and our team are ready to help Spanish-speaking clients.
Attorney911 – Your Legal Emergency Lawyers™ in Abernathy, Texas

