Motor Vehicle Accident Lawyers in Alamo Heights, Texas
If you’ve been injured in a car accident in Alamo Heights, Texas, you’re not alone. Every year, thousands of Texans suffer serious injuries in motor vehicle crashes—many of which could have been prevented. At Attorney911, we understand the physical, emotional, and financial toll an accident can take on you and your family. Our team, led by Ralph Manginello, a seasoned personal injury attorney with over 25 years of experience, is here to fight for the compensation you deserve.
Alamo Heights is a vibrant community with unique traffic challenges. Whether you were injured on Broadway, near the Alamo Quarry Market, or along one of the busy thoroughfares like Austin Highway, our firm has the local knowledge and legal expertise to handle your case. We know the courts, the judges, and the insurance adjusters who handle claims in Bexar County. When you call Attorney911, you’re calling neighbors who are committed to protecting your rights.
Why Alamo Heights Residents Choose Attorney911
We Know the Local Landscape
Alamo Heights is part of the greater San Antonio area, a region known for its mix of historic charm and modern growth. Unfortunately, this growth has also led to increased traffic congestion and a higher risk of accidents. Some of the most dangerous intersections in the area include:
- Broadway and Hildebrand Avenue: A busy intersection near the McNay Art Museum, where high traffic volumes and distracted drivers often lead to collisions.
- Austin Highway and Harry Wurzbach Road: This area sees heavy commuter traffic, increasing the risk of rear-end collisions and side-impact crashes.
- Loop 410 and Broadway: A major interchange where speeding and sudden lane changes frequently cause accidents.
At Attorney911, we understand the unique traffic patterns and accident risks in Alamo Heights. We use this knowledge to build strong cases for our clients, ensuring that every detail is accounted for when pursuing compensation.
Our Firm’s Unique Advantage: Insurance Defense Insider Knowledge
One of the biggest challenges after an accident is dealing with insurance companies. They often try to minimize your injuries or shift blame onto you to reduce their payout. That’s where our firm’s unique advantage comes in. Lupe Peña, one of our associate attorneys, spent years working for a national insurance defense firm. He knows their tactics because he used them himself. Now, he uses that insider knowledge to fight for you.
Lupe understands how insurance companies:
- Calculate claim values using software like Colossus to lowball settlements.
- Deploy “independent” medical examiners who are anything but independent—they’re hired to minimize your injuries.
- Use surveillance and social media monitoring to find evidence that undermines your claim.
- Delay and deny claims in the hope that you’ll give up or accept a lowball offer.
With Lupe on your side, you have an attorney who knows their playbook inside and out. He anticipates their strategies and counters them effectively, ensuring you receive the full compensation you deserve.
Proven Results for Alamo Heights Clients
Our firm has a long history of securing multi-million dollar settlements and verdicts for accident victims in Texas. Here are just a few examples of the results we’ve achieved:
- Multi-million dollar settlement for a client who suffered a brain injury with vision loss after a log fell on him at a logging company.
- Settlement in the millions for a client whose leg was injured in a car accident. During treatment, staff infections led to a partial amputation.
- Millions recovered for families facing trucking-related wrongful death cases.
These results demonstrate our commitment to fighting for maximum compensation for our clients. We don’t settle for less than you deserve, and we prepare every case as if it’s going to trial—because insurance companies know we’re not bluffing.
Personal Attention You Can Trust
At Attorney911, we treat our clients like family. Unlike high-volume firms where you’re just a case number, we provide personalized attention every step of the way. Our clients consistently praise our communication, care, and results. Here’s what some of them have to say:
“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” — Stephanie Hernandez
“You are NOT a pest to them, and you are NOT just some client…You are FAMILY to them.” — Chad Harris
“Leonor got me into the doctor the same day…it only took 6 months, amazing.” — Chavodrian Miles
When you work with Attorney911, you’ll have direct access to Ralph Manginello and Lupe Peña. You won’t be handed off to a case manager or paralegal—you’ll work with the attorneys who are fighting for you.
Common Types of Motor Vehicle Accidents in Alamo Heights
Car Accidents
Car accidents are the most common type of motor vehicle accident in Alamo Heights and across Texas. In 2024 alone, there were 251,977 people injured in motor vehicle crashes in Texas, with 1 crash occurring every 57 seconds. Common causes of car accidents include:
- Distracted driving (texting, phone use, eating, or adjusting the radio)
- Speeding (a leading cause of fatal accidents)
- Failure to yield (especially at intersections)
- Running red lights or stop signs
- Following too closely (rear-end collisions)
- Driving under the influence (DUI)
Common Injuries in Car Accidents:
- Whiplash and soft tissue injuries
- Herniated discs
- Broken bones and fractures
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Internal organ damage
Case Example:
In a recent case, our client’s leg was injured in a car accident. During treatment, staff infections developed, leading to a partial amputation. The insurance company initially offered $50,000, claiming the amputation was a “medical complication” unrelated to the accident. We hired medical experts to prove the amputation was a direct result of the accident, and the case settled in the millions.
If you’ve been injured in a car accident in Alamo Heights, don’t accept a lowball offer from the insurance company. Call Attorney911 at 1-888-ATTY-911 for a free consultation.
18-Wheeler and Trucking Accidents
Trucking accidents are among the most devastating types of motor vehicle crashes. In Texas, there were 39,393 commercial motor vehicle crashes in 2024, resulting in 608 fatalities and 1,601 serious injuries. Texas accounts for 11% of all fatal truck crashes in the United States, making it the deadliest state for trucking accidents.
Why Trucking Accidents Are So Dangerous:
- Size and weight disparity: An 18-wheeler can weigh up to 80,000 pounds, while the average passenger car weighs just 4,000 pounds. This size difference often leads to catastrophic injuries in collisions.
- Multiple liable parties: In a trucking accident, you may be able to hold the driver, the trucking company, the cargo loader, and even the vehicle manufacturer accountable.
- Higher insurance limits: Commercial trucking companies carry insurance policies worth $750,000 to $5,000,000 or more, which means there’s more compensation available for victims.
Federal Regulations and Violations:
The Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations for commercial truck drivers and trucking companies. Common violations include:
- Hours of Service (HOS) violations: Drivers are limited to 11 hours of driving after 10 consecutive hours off-duty. They cannot drive beyond the 14th consecutive hour on duty.
- Electronic Logging Device (ELD) tampering: ELDs record driving hours, vehicle movement, and location. Tampering with this data is a federal crime.
- Drug and alcohol testing violations: Commercial drivers are subject to random drug testing and must have a BAC below 0.04%.
- Improper vehicle maintenance: Trucking companies must maintain their vehicles to prevent accidents caused by faulty brakes, tires, or other equipment.
Case Example:
At Attorney911, we’ve helped numerous families facing trucking-related wrongful death cases recover millions of dollars in compensation. In one case, we represented the family of a victim killed in a collision with a fatigued truck driver. We proved the trucking company violated FMCSA regulations by allowing the driver to exceed his hours of service. The case settled for a substantial amount, providing financial security for the victim’s family.
Why Choose Attorney911 for Trucking Accidents?
- Federal court experience: Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas, where many trucking cases are heard.
- BP explosion litigation experience: Our firm was one of the few in Texas involved in the BP Texas City explosion litigation, demonstrating our ability to take on billion-dollar corporations.
- Insider knowledge: Lupe Peña’s background in insurance defense gives us an edge in negotiating with trucking companies and their insurers.
If you or a loved one has been injured in a trucking accident in Alamo Heights, call 1-888-ATTY-911 immediately. Evidence like ELD data and black box recordings can be overwritten in as little as 30-180 days, so time is of the essence.
Drunk Driving Accidents
Drunk driving is a leading cause of motor vehicle accidents in Texas. In 2024, there were 1,053 alcohol-impaired driving deaths in Texas, accounting for 25.37% of all traffic fatalities. These accidents are entirely preventable, yet they continue to devastate families across the state.
Texas Dram Shop Law:
Under Texas Alcoholic Beverage Code § 2.02, bars, restaurants, and other establishments can be held liable if they serve alcohol to someone who is obviously intoxicated and that person later causes an accident. Signs of obvious intoxication include:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Impaired coordination
- Aggressive or erratic behavior
- Strong odor of alcohol
Liable Parties in Drunk Driving Cases:
- The drunk driver
- Bars and nightclubs that over-served the driver
- Restaurants that served alcohol to an obviously intoxicated patron
- Liquor stores that sold alcohol to someone who was visibly drunk
- Event organizers (concerts, festivals, private parties)
Punitive Damages in Drunk Driving Cases:
Texas allows for punitive damages in cases involving gross negligence or malice. Drunk driving often qualifies, as it demonstrates a conscious indifference to the safety of others. Punitive damages are designed to punish the defendant and deter similar behavior in the future.
Case Example:
Our firm has successfully handled numerous drunk driving cases, including those involving dram shop liability. In one case, we represented a victim who was seriously injured when a drunk driver ran a red light. We proved that the bar where the driver was served had over-served him despite clear signs of intoxication. The case settled for a substantial amount, holding both the driver and the bar accountable.
Why Choose Attorney911 for Drunk Driving Cases?
- Criminal + civil capability: Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), giving us the ability to handle both the criminal and civil aspects of drunk driving cases.
- DWI dismissal experience: We’ve successfully had three DWI cases dismissed by challenging breathalyzer results, missing evidence, and video evidence. This experience translates to stronger civil cases.
- Insider knowledge: Lupe Peña’s background in insurance defense helps us counter the tactics used by bars and their insurers to avoid liability.
If you’ve been injured by a drunk driver in Alamo Heights, call 1-888-ATTY-911 today. We’ll investigate every angle, including dram shop liability, to ensure you receive the compensation you deserve.
Motorcycle Accidents
Motorcycle accidents are particularly devastating due to the lack of protection for riders. In 2024, there were 585 motorcyclist fatalities in Texas, with 37% of those killed not wearing helmets. Motorcyclists are 28 times more likely to die in a crash than occupants of passenger cars.
Texas Helmet Law:
- Riders under 21 are required to wear a helmet.
- Riders 21 and older may ride without a helmet if they:
- Have completed an approved motorcycle safety course, OR
- Have $10,000 or more in medical insurance coverage.
Common Causes of Motorcycle Accidents:
- Failure to yield (drivers turning left in front of motorcycles)
- Driver inattention or distraction (texting, adjusting the radio, etc.)
- Unsafe lane changes (drivers merging into motorcycles)
- Left-turn accidents (drivers misjudging the speed of motorcycles)
- Speeding and reckless driving
Comparative Negligence in Motorcycle Cases:
Texas uses a modified comparative negligence system, which means you can only recover damages if you are 50% or less at fault for the accident. If you are 51% or more at fault, you recover nothing. Insurance companies often try to blame motorcyclists for accidents, even when the driver is clearly at fault. Lupe Peña’s experience in insurance defense helps us counter these arguments and prove the true cause of the accident.
Case Example:
We represented a motorcyclist who was struck by a driver who failed to yield while making a left turn. The insurance company argued that our client was speeding and could have avoided the accident. We hired an accident reconstructionist to prove the driver was 100% at fault, and the case settled for a substantial amount.
If you’ve been injured in a motorcycle accident in Alamo Heights, don’t let the insurance company blame you. Call 1-888-ATTY-911 for a free consultation.
Pedestrian Accidents
Pedestrians are among the most vulnerable road users, and accidents involving pedestrians often result in catastrophic injuries or death. In 2024, there were 6,095 pedestrian crashes in Texas, resulting in 768 fatalities. Pedestrians account for just 1% of all crashes but 19% of all roadway deaths.
Pedestrian Right-of-Way in Texas:
Under Texas law, pedestrians always have the right-of-way at intersections, even at unmarked crosswalks. Many drivers don’t know this, and insurance companies often try to shift blame onto pedestrians. At Attorney911, we know the law and how to use it to protect your rights.
Common Injuries in Pedestrian Accidents:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken pelvis and legs
- Internal organ damage
- Wrongful death
Case Example:
We represented a pedestrian who was struck by a distracted driver while crossing the street in a marked crosswalk. The driver claimed our client “darted out into traffic,” but surveillance footage proved the driver was texting and failed to yield. The case settled for a substantial amount, covering our client’s medical expenses and lost wages.
If you or a loved one has been injured in a pedestrian accident in Alamo Heights, call 1-888-ATTY-911 immediately. Evidence like surveillance footage can be deleted in as little as 7-30 days, so time is critical.
Rideshare Accidents (Uber/Lyft)
Rideshare accidents are becoming increasingly common as services like Uber and Lyft continue to grow. In 2024, there were 17.4 million Uber trips daily in the U.S., and accidents involving rideshare vehicles often involve complex insurance issues.
Rideshare Insurance Phases:
Rideshare companies like Uber and Lyft provide different levels of insurance coverage depending on the driver’s status at the time of the accident:
| Phase | Driver Status | Coverage Available |
|---|---|---|
| Period 0 | App off, personal use | Personal auto insurance only (Texas minimum: $30,000/$60,000/$25,000) |
| Period 1 | App on, waiting for ride request | Contingent coverage: $50,000 per person / $100,000 per accident / $25,000 property damage |
| Period 2 | Ride accepted, en route to pickup | Full commercial coverage: $1,000,000 liability |
| Period 3 | Passenger in vehicle | Full commercial coverage: $1,000,000 liability |
Who Can Be Injured in a Rideshare Accident?
- 21% Riders (passengers in the rideshare vehicle)
- 21% Drivers (rideshare drivers)
- 58% Third Parties (other drivers, pedestrians, cyclists)
Case Example:
We represented a passenger who was injured in an Uber accident when the rideshare driver ran a red light. The driver was in Period 3 (passenger in the vehicle), so we were able to pursue a $1,000,000 claim against Uber’s commercial policy. The case settled for a substantial amount, covering our client’s medical expenses and lost wages.
Why Choose Attorney911 for Rideshare Accidents?
- Insurance phase knowledge: Lupe Peña’s background in insurance defense helps us navigate the complex insurance phases and maximize your recovery.
- Experience with rideshare cases: We’ve handled numerous rideshare accident cases and know how to hold Uber, Lyft, and their drivers accountable.
- Federal court experience: Ralph Manginello’s admission to federal court ensures we can handle complex rideshare cases that may involve multiple defendants.
If you’ve been injured in a rideshare accident in Alamo Heights, call 1-888-ATTY-911 today. We’ll help you navigate the insurance maze and fight for the compensation you deserve.
Hit and Run Accidents
Hit and run accidents are particularly frustrating because the at-fault driver flees the scene, leaving victims with no one to hold accountable. In the U.S., one hit and run accident occurs every 43 seconds. In Texas, hit and run is a serious crime with severe penalties:
| Severity | Charge | Penalty |
|---|---|---|
| Death | 2nd Degree Felony | 2-20 years in prison, up to $10,000 fine |
| Serious Bodily Injury | 3rd Degree Felony | 2-10 years in prison, up to $10,000 fine |
| Minor Injury | State Jail Felony | Up to 2 years in jail, up to $10,000 fine |
| Property Damage ≥ $200 | Class B Misdemeanor | Up to 180 days in jail, up to $2,000 fine |
Uninsured/Underinsured Motorist (UM/UIM) Coverage:
If the at-fault driver in a hit and run accident is never identified, your own UM/UIM coverage can compensate you for your injuries. UM/UIM coverage is optional in Texas, but it’s one of the most important types of insurance you can have. It pays for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Case Example:
We represented a client who was struck by a hit and run driver while crossing the street in Alamo Heights. The driver fled the scene, and our client suffered a broken leg and a traumatic brain injury. We helped her file a UM/UIM claim with her own insurance company, and the case settled for a substantial amount.
Why Choose Attorney911 for Hit and Run Accidents?
- Evidence preservation: We send preservation letters to businesses near the accident scene to secure surveillance footage before it’s deleted.
- UM/UIM expertise: We know how to navigate the complex process of filing a UM/UIM claim and maximizing your recovery.
- Investigation skills: We work with accident reconstructionists and private investigators to identify hit and run drivers.
If you’ve been injured in a hit and run accident in Alamo Heights, call 1-888-ATTY-911 immediately. Evidence disappears quickly, and time is of the essence.
Tesla and Autopilot Accidents
Autonomous and semi-autonomous vehicles like Tesla’s Autopilot and Full Self-Driving (FSD) systems are becoming more common on Texas roads. However, these systems are not foolproof, and accidents involving autonomous vehicles often result in catastrophic injuries due to the high speeds at which they operate.
Notable Tesla Autopilot Crashes:
- May 2016, Williston, FL: Joshua Brown was killed when his Tesla Model S, operating on Autopilot, failed to detect a white 18-wheeler crossing its path.
- March 2018, Mountain View, CA: Apple engineer Walter Huang was killed when his Tesla Model X, operating on Autopilot, crashed into a highway barrier. The case settled in April 2024.
- August 2025, Miami, FL: A jury awarded $240 million to the family of a victim killed in a Tesla Autopilot crash, marking one of the largest verdicts against Tesla to date.
Liability in Tesla/Autopilot Accidents:
- Tesla’s marketing: Tesla has marketed Autopilot and FSD as safer than human drivers, fostering overconfidence in the system.
- Known defects: Tesla has been aware of defects in its Autopilot system, including its inability to detect emergency vehicles with flashing lights.
- Over-the-air (OTA) updates: Instead of issuing comprehensive recalls, Tesla has used OTA software updates to patch known defects, which may not fully address the issues.
- Driver overreliance: Many drivers treat Autopilot as a fully autonomous system, leading to distracted driving and delayed reaction times.
Case Example:
We are currently investigating a case involving a Tesla Model S that crashed into a highway barrier while operating on Autopilot. The driver suffered catastrophic injuries, and we are pursuing claims against Tesla for product liability and negligence.
Why Choose Attorney911 for Tesla/Autopilot Accidents?
- Product liability experience: We have experience handling complex product liability cases, including those involving defective vehicles.
- Federal court experience: Ralph Manginello’s admission to federal court ensures we can handle cases against large corporations like Tesla.
- Insider knowledge: Lupe Peña’s background in insurance defense helps us counter the tactics used by Tesla’s legal team.
If you or a loved one has been injured in an accident involving a Tesla or other autonomous vehicle in Alamo Heights, call 1-888-ATTY-911 today. We’ll hold the manufacturer accountable for their negligence.
What to Do After a Motor Vehicle Accident in Alamo Heights
The moments after a motor vehicle accident can be chaotic and overwhelming. However, the actions you take in the first 48 hours can significantly impact your ability to recover compensation for your injuries. Here’s what you should do:
Hour 1-6: Immediate Actions
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Ensure Safety:
- If you can move safely, get to a secure location away from traffic.
- Turn on your hazard lights and set up warning triangles or flares if available.
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Call 911:
- Report the accident and request medical assistance if anyone is injured.
- Even if you feel fine, adrenaline can mask injuries—get checked by a medical professional.
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Document the Scene:
- Take photos of all vehicle damage (every angle).
- Photograph the accident scene, including road conditions, traffic signals, and skid marks.
- Take photos of visible injuries.
- Screenshot any messages visible on your phone (do NOT delete anything).
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Exchange Information:
- Other driver’s name, phone number, and address.
- Insurance company and policy number.
- Driver’s license number.
- License plate number.
- Vehicle make, model, and color.
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Gather Witness Information:
- Get names and phone numbers of any witnesses.
- Ask if they saw what happened.
- Record their statements if possible.
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Call Attorney911:
- 1-888-ATTY-911 for immediate legal guidance before speaking to any insurance company.
Hour 6-24: Evidence Preservation
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Digital Preservation:
- Preserve all texts, calls, photos, and videos related to the accident.
- Do NOT delete anything from your phone.
- Screenshot everything relevant.
- Email copies to yourself for backup.
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Physical Evidence:
- Secure damaged clothing, glasses, or personal items.
- Keep receipts for any expenses (towing, rental car, medications).
- Do NOT repair your vehicle yet—preserve the damage.
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Medical Records:
- Request copies of all ER/hospital records.
- Keep all discharge paperwork.
- Follow up with your primary care physician within 24-48 hours.
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Insurance Communications:
- Note any calls from insurance companies.
- Do NOT give recorded statements yet.
- Do NOT sign anything.
- Do NOT accept any settlement offers.
- Say: “I need to speak with my attorney first.”
-
Social Media:
- Make ALL profiles private immediately.
- Do NOT post about the accident.
- Do NOT post photos of injuries or activities.
- Tell friends and family not to tag you in posts.
Hour 24-48: Strategic Decisions
-
Legal Consultation:
- Speak with an experienced motor vehicle accident attorney.
- Call Attorney911 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, and 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 full 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
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Medical Follow-Up:
- Continue documenting all injuries.
- See specialists if recommended.
- Follow ALL doctor recommendations (insurance companies watch for gaps in treatment).
- Get written work restrictions if needed.
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Investigation Begins:
- Attorney obtains the police report.
- Preservation letters are sent to all parties.
- Surveillance footage is secured before deletion.
- Witness statements are recorded.
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Communication:
- Your attorney handles ALL insurance communication.
- You focus on recovery.
- Document any pressure from insurance or other parties.
Why Evidence Disappears So Quickly
One of the biggest challenges after an accident is preserving evidence before it disappears. Insurance companies know this, and they often delay investigations in the hope that critical evidence will be lost. Here’s a timeline of how quickly evidence can disappear:
| Timeframe | What Disappears | Why It Matters |
|---|---|---|
| Day 1-7 | Witness memories begin fading | Witnesses forget details or become harder to locate. |
| Day 7-30 | Surveillance footage is deleted | Gas stations: 7-14 days, retail stores: 30 days, traffic cameras: 30 days. Once deleted, it’s gone forever. |
| Month 1-2 | Insurance companies solidify their defense | Adjusters build their case against you while evidence disappears. |
| Month 2-6 | Trucking electronic data is deleted | ELD (Electronic Logging Device) data: 30-180 days, black box data: can be overwritten, GPS/telematics: varies by company. |
| Month 6-12 | Witnesses become unreachable | Witnesses move, graduate, or their memories degrade. |
| Month 12-24 | Approaching statute of limitations | Creates pressure to settle, and evidence is severely degraded. |
At Attorney911, we act fast to preserve evidence before it’s lost forever. Within 24 hours of being retained, we send preservation letters to all parties involved in the accident, including:
- The other driver and their insurance company
- Trucking companies (for commercial vehicle accidents)
- Businesses near the accident scene (for surveillance footage)
- Employers (if the accident was work-related)
- Property owners (if premises liability is involved)
- Government entities (if applicable)
These letters legally require the recipients to preserve evidence before it’s automatically deleted. Without them, critical evidence like surveillance footage, ELD data, and black box recordings can be lost forever.
Texas Motor Vehicle Law: What You Need to Know
Statute of Limitations
In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit. This deadline is absolute, and missing it means you lose your right to compensation forever. There are a few exceptions:
- Discovery Rule: The 2-year clock may start later if you didn’t immediately discover your injury.
- Minors: The statute of limitations is tolled (paused) until the minor turns 18.
- Government Claims: If the at-fault party is a government entity, you must file a notice of claim within 6 months.
Comparative Negligence (51% Bar Rule)
Texas uses a modified comparative negligence system, which means:
- If you are 50% or less at fault for the accident, you can recover damages, but your compensation will be reduced by your percentage of fault.
- If you are 51% or more at fault, you recover nothing.
Example:
- If your case is worth $100,000 and you are found to be 20% at fault, you will receive $80,000.
- If you are found to be 51% at fault, you will receive $0.
Insurance companies always try to assign as much fault as possible to you to reduce their payout. Lupe Peña’s experience in insurance defense helps us counter these arguments and prove the true cause of the accident.
Texas Minimum Auto Insurance Requirements
Texas law requires all drivers to carry the following minimum insurance coverage:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage per accident
However, 15.4% of Texas drivers are uninsured, and many more carry only the minimum coverage. If you’re injured by an uninsured or underinsured driver, your own Uninsured/Underinsured Motorist (UM/UIM) coverage can compensate you. Texas allows inter-policy stacking, which means you can combine coverage from multiple vehicles on your policy.
Dram Shop Liability
Under Texas Alcoholic Beverage Code § 2.02, bars, restaurants, and other establishments can be held liable if they serve alcohol to someone who is obviously intoxicated and that person later causes an accident. To prove dram shop liability, you must show:
- The establishment served alcohol to someone who was obviously intoxicated.
- The over-service was the proximate cause of the accident and your injuries.
Signs of obvious intoxication include:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Impaired coordination
- Aggressive or erratic behavior
Punitive Damages
Punitive damages are available in Texas for cases involving gross negligence, fraud, or malice. Drunk driving accidents often qualify. The purpose of punitive damages is to punish the defendant and deter similar behavior in the future. 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 damages).
How Attorney911 Proves Liability
To win your case, we must prove that the other driver was negligent and that their negligence caused your injuries. Negligence has four key elements:
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Duty of Care:
- All drivers have a legal duty to operate their vehicles safely and obey traffic laws.
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Breach of Duty:
- The at-fault driver violated their duty of care by acting negligently (e.g., speeding, running a red light, texting while driving).
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Causation:
- The at-fault driver’s breach of duty directly caused your injuries.
- We must prove that “but for” the driver’s actions, you would not have been injured.
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Damages:
- You suffered actual harm (physical, financial, or emotional) as a result of the accident.
Types of Evidence We Use
To prove liability, we gather and preserve the following types of evidence:
| Type of Evidence | What It Includes | Why It Matters |
|---|---|---|
| Physical Evidence | Vehicle damage, skid marks, road conditions, damaged personal property | Helps reconstruct the accident and prove fault. |
| Documentary Evidence | Police reports, 911 call recordings, traffic camera footage, surveillance footage, medical records, employment records | Provides objective proof of what happened and the extent of your injuries. |
| Electronic Evidence | ELD (Electronic Logging Device) data, black box/EDR (Event Data Recorder) data, GPS/telematics data, dashcam footage, cell phone records | Provides critical data on speed, braking, and driver behavior at the time of the accident. |
| Testimonial Evidence | Witness statements, expert witness testimony, medical expert opinions, accident reconstruction reports | Provides firsthand accounts and professional analysis of the accident. |
Expert Witnesses
We work with a network of expert witnesses to strengthen your case, including:
- Accident Reconstructionists: Determine how the accident occurred, who was at fault, and the speeds involved.
- Medical Experts: Explain the extent of your injuries, the treatment you need, and your long-term prognosis.
- Life Care Planners: Calculate the lifetime cost of care for catastrophic injuries.
- Vocational Experts: Assess your lost earning capacity and ability to return to work.
- Economists: Calculate the present value of your future losses, including lost wages and medical expenses.
Damages You Can Recover in a Motor Vehicle Accident Case
If you’ve been injured in a motor vehicle accident, you may be entitled to compensation for the following types of damages:
Economic Damages (No Cap in Texas)
Economic damages are quantifiable financial losses, including:
- Medical Expenses (Past and Future): ER visits, hospital stays, surgeries, physical therapy, medications, medical equipment, and future medical care.
- Lost Wages (Past and Future): Income lost due to time off work, as well as reduced earning capacity if you can’t return to your previous job.
- Property Damage: Repair or replacement of your vehicle and other personal property damaged in the accident.
- Out-of-Pocket Expenses: Transportation to medical appointments, home modifications, household help, and other accident-related expenses.
Non-Economic Damages (No Cap Except in Medical Malpractice Cases)
Non-economic damages compensate you for intangible losses, including:
- Pain and Suffering: Physical pain from your injuries, both past and future.
- Mental Anguish: Emotional distress, anxiety, depression, fear, and PTSD.
- Physical Impairment: Loss of physical function, disability, or limitations.
- Disfigurement: Scarring or permanent visible injuries that affect your appearance.
- Loss of Consortium: Impact on your marriage or family relationships, including loss of companionship and support.
- Loss of Enjoyment of Life: Inability to participate in activities you previously enjoyed.
Punitive Damages (Capped in Texas)
Punitive damages are available in cases involving gross negligence, fraud, or malice. They are designed to punish the defendant and deter similar behavior. 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 damages).
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 use a variety of tactics to achieve this. Lupe Peña, one of our associate attorneys, spent years working for a national insurance defense firm. He knows their playbook inside and out, and now he uses that knowledge to fight for you.
Tactic #1: The Quick Cash Trap
What They Do:
Within days or weeks of your accident, the insurance company will offer you a quick settlement, often for just a few thousand dollars. They’ll create artificial urgency, saying things like:
- “This offer expires in 48 hours.”
- “This is our final offer.”
- “Take it or leave it.”
The Trap:
You don’t know the full extent of your injuries yet. If you accept their offer, you sign away your right to pursue further compensation, even if you later discover you need surgery or develop chronic pain.
Example:
A client was offered $3,500 three days after her accident. She was in pain but desperate for money, so she accepted. Six weeks later, an MRI revealed a herniated disc requiring surgery. The surgery cost $100,000, but because she had already signed a release, she couldn’t get any more money from the insurance company.
How We Counter:
We never settle before you reach Maximum Medical Improvement (MMI), which is the point at which your injuries have stabilized and you’ve received all necessary treatment. We know their early offers are always lowball, and we fight for what your case is truly worth.
Tactic #2: The Recorded Statement Trap
What They Do:
The insurance adjuster will call you within 24-72 hours of your accident, often while you’re still in the hospital or on pain medication. They’ll sound friendly and helpful, saying things like:
- “We just want to get your side of the story.”
- “This is routine—everyone does this.”
- “It’ll only take a few minutes.”
The Trap:
They’re not trying to help you—they’re trying to build a case against you. They’ll ask leading questions designed to get you to say things that hurt your claim, such as:
- “You’re feeling better now, right?” (Traps you into saying you’re improving.)
- “It wasn’t that bad of an impact, was it?” (Minimizes the severity of the accident.)
- “Were you distracted at all?” (Hopes you’ll admit to distraction.)
- “How fast were you going?” (Hopes you’ll overestimate or say “I don’t know.”)
Everything you say is recorded, transcribed, and used against you. You cannot take it back.
How We Counter:
Do NOT give a recorded statement without an attorney. Once you hire Attorney911, we become your voice. We handle all communication with the insurance company, and if a recorded statement becomes necessary, we prepare you thoroughly and sit with you during the statement.
Lupe knows the questions they’ll ask because he asked them for years. Now, he uses that knowledge to protect you.
Tactic #3: The “Independent” Medical Exam (IME) Scheme
What They Call It:
“Independent Medical Examination” (IME)
What It Really Is:
A doctor hired by the insurance company to minimize your injuries.
How They Choose IME Doctors:
Insurance companies select IME doctors based on who gives them favorable reports, not who is the most qualified. These doctors are paid thousands of dollars per exam, and their repeat business depends on giving reports that help the insurance company deny or reduce claims.
What Happens at an IME:
- You’re given a 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation).
- The doctor rarely reviews your complete medical records beforehand.
- They ask questions designed to elicit responses like “I’m feeling better.”
- They look for any reason to minimize your 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 We Counter:
- We prepare you extensively before the exam.
- We send your complete medical records to the IME doctor beforehand, forcing them to review them.
- 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
What They Do:
Insurance companies drag out your case for months or even years, hoping you’ll get desperate and accept a lowball offer. They’ll say things like:
- “We’re still investigating your claim.”
- “We’re waiting for medical records.” (Even if you’ve already sent them.)
- “We need additional information.”
- They’ll ignore your calls and emails for weeks at a time.
Why It Works:
Insurance companies have:
- Unlimited time
- Unlimited resources
- No financial pressure
- Your settlement money earning interest for them while they delay
You have:
- Mounting medical bills
- Zero income if you can’t work
- Creditors threatening to repossess your car or foreclose on your home
- Desperation for money NOW
Financial Desperation Makes You Accept Less:
- Month 1: You’d reject a $5,000 offer.
- Month 6: You’d seriously consider $5,000.
- Month 12: You’d beg for $5,000 just to end the nightmare.
How We Counter:
- We file a lawsuit to force deadlines and move the case forward.
- We set depositions, forcing them to produce witnesses and evidence.
- We prepare for trial, showing we’re serious.
- Lupe understands their delay tactics because he used them—he knows when to push.
Tactic #5: Surveillance and Social Media Monitoring
What They Do:
Insurance companies hire private investigators to follow you and monitor your social media accounts. They’re looking for any activity that contradicts your injury claims, such as:
- Surveillance: Videos of you doing daily activities (walking the dog, carrying groceries, bending over).
- Social Media: Photos, posts, check-ins, or comments that suggest you’re not as injured as you claim.
What They Monitor:
| Platform | What They Screenshot |
|---|---|
| Posts, photos, check-ins, comments, likes, friend lists, tagged photos | |
| Stories, reels, posts, geotags, tagged photos | |
| TikTok | Videos showing your activity level |
| Employment status changes, activity | |
| Twitter/X | Tweets, replies, activity |
| YouTube | Videos you post or appear in |
| Snapchat | Saved stories, public content |
Advanced Surveillance Techniques:
- Facial Recognition: Find photos you’re tagged in across platforms.
- Geotagging Data: Track where you’ve been based on photo metadata.
- Friend/Family Monitoring: Monitor posts from people who might mention you.
- Fake Profiles: Create fake accounts to send you friend requests.
- Archive Services: Use third-party tools to preserve deleted content.
- Subpoenas: Obtain “private” content through legal process.
Examples of What They Use Against You:
| Example | What They Claim | Reality |
|---|---|---|
| Old gym photo from 3 years ago | “This proves you’re not injured—you were working out recently!” | The photo was taken before the accident. |
| Facebook check-in at a restaurant | “You’re out partying and having fun—clearly not in pain.” | You were sitting quietly having dinner. |
| Friend’s comment: “Had fun yesterday!” | “This proves you’re not injured.” | You were resting at home. |
| Video of you walking your dog | “You’re not disabled—you can walk!” | Your doctor recommended short walks for recovery. |
| Photo of you smiling at a family gathering | “You’re not in pain—you’re smiling!” | Everyone smiles for photos. |
How We Counter:
- We warn you about surveillance and how to avoid it.
- We prepare you for social media monitoring and how to protect yourself.
- We challenge misleading surveillance evidence in court.
- 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:
Insurance companies always try to assign as much fault as possible to you to reduce their payout. They’ll say things like:
- “You were speeding.” (Even 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 It Matters:
Texas uses the 51% bar rule, which means:
- If you’re 50% or less at fault, you can recover damages, but your compensation is reduced by your percentage of fault.
- If you’re 51% or more at fault, you recover nothing.
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 We Counter:
- We conduct a thorough liability investigation, including accident reconstruction and witness interviews.
- We gather evidence proving the other driver’s fault, such as traffic camera footage, police reports, and expert testimony.
- We counter their comparative fault arguments with facts and evidence.
- Lupe knows their comparative fault arguments because he made them for years—now he defeats them.
How Insurance Companies Actually Value Your Claim: The Colossus System
Most insurance companies use a computerized claim valuation system called Colossus to calculate the minimum they can pay you. Lupe Peña used this system for years while working for insurance companies, and he knows exactly how it works and how to beat it.
How Colossus Works:
- Data Entry: The insurance adjuster inputs injury codes, treatment types, medical costs, and jurisdiction.
- Coding: Your injuries are coded using standardized medical terms.
- Calculation: The software applies algorithms to determine a “value” for your claim.
- Range Output: The system provides a recommended settlement range.
- Authority: The adjuster typically cannot exceed this range without supervisor approval.
How Insurance Companies Manipulate Colossus:
| Manipulation | Effect |
|---|---|
| Low Injury Codes | Coding a “disc herniation” as a “soft tissue strain” reduces the value by 50-100%. |
| Excessive Treatment Flags | Physical therapy beyond the “normal” range triggers reductions. |
| Conservative Treatment Penalty | Chiropractic care is valued less than treatment from an MD. |
| Pre-Existing Reduction | Any prior condition is used to reduce the value. |
| Jurisdiction Factor | Low-verdict counties get lower values. |
Why Lupe’s Experience Matters:
- He knows how to code injuries properly to maximize your claim’s value.
- He knows which medical terms trigger higher valuations.
- He knows when the Colossus output is artificially low.
- He knows how to present your medical records to beat the algorithm.
Common Injuries in Motor Vehicle Accidents
Motor vehicle accidents can cause a wide range of injuries, from minor to catastrophic. Here are some of the most common injuries we see in our cases:
Traumatic Brain Injury (TBI)
What It Is:
A TBI occurs when a sudden trauma, such as a blow to the head, disrupts normal brain function. TBIs can range from mild concussions to severe brain damage.
Symptoms:
- Immediate: Loss of consciousness, confusion, vomiting, seizures, severe headache, dilated pupils.
- Delayed: Worsening headaches, repeated vomiting, slurred speech, personality changes, sleep disturbances, sensitivity to light and noise.
Long-Term Complications:
- Chronic Traumatic Encephalopathy (CTE): Progressive brain degeneration that can lead to dementia.
- Post-Concussive Syndrome: Headaches, dizziness, and cognitive issues lasting months or years.
- Increased Dementia Risk: A single moderate TBI doubles the risk of dementia later in life.
- Seizure Disorders: Can develop months or years after the injury.
- Personality and Mood Disorders: Depression, anxiety, irritability, and mood swings.
Attorney911 Case Result:
“Multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company.”
Spinal Cord Injury and Paralysis
What It Is:
A spinal cord injury occurs when the spinal cord is damaged, often resulting in partial or complete paralysis. The severity depends on the level of the injury (cervical, thoracic, or lumbar).
Types of Paralysis:
| Injury Level | Type of Paralysis | Impact |
|---|---|---|
| C1-C4 (High Cervical) | Quadriplegia (tetraplegia) | Paralysis of all four limbs, possible ventilator dependence, 24/7 care required. |
| C5-C8 (Low Cervical) | Quadriplegia with some arm/hand function | Can move arms but may have limited hand function, wheelchair-dependent. |
| T1-T12 (Thoracic) | Paraplegia | Paralysis of the lower body, wheelchair-dependent, may have some trunk control. |
| L1-L5 (Lumbar) | Paraplegia with varying leg function | May walk with assistive devices, bowel/bladder dysfunction common. |
Lifetime Costs of Spinal Cord Injuries:
| Injury Level | First Year Cost | Each Subsequent Year | Lifetime Cost (Age 25) |
|---|---|---|---|
| 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+ |
Secondary Complications:
- Pressure sores (leading cause of hospitalization)
- Respiratory complications (pneumonia is the leading cause of death)
- Bowel and bladder dysfunction
- Sexual dysfunction
- Autonomic dysreflexia (life-threatening blood pressure crisis)
- Depression (40-60% of patients)
- Shortened life expectancy (5-15 years on average)
Herniated Disc
What It Is:
A herniated disc occurs when the soft inner gel of a spinal disc leaks out through a tear in the outer layer, pressing on nearby nerves. This can cause severe pain, numbness, and weakness.
Treatment Timeline:
- Acute Phase (Weeks 1-6): Severe pain, medications, rest. Cost: $2,000-$5,000.
- Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic care. Cost: $5,000-$12,000.
- Interventional Treatment (If Conservative Fails): Epidural steroid injections. Cost: $3,000-$6,000.
- Surgery (If Injections Fail): Microdiscectomy or spinal fusion. Cost: $50,000-$120,000.
Permanent Restrictions:
- Cannot return to physical labor jobs (construction, warehouse work, etc.).
- Lost earning capacity if you can’t return to your previous job.
- Ongoing pain management may be required.
Amputation
What It Is:
Amputation is the loss of a limb, either traumatically (at the accident scene) or surgically (due to complications like infections or crush injuries).
Types of Amputations:
- Above-Knee Amputation: More difficult to use prosthetics, higher energy expenditure.
- Below-Knee Amputation: Better mobility potential, easier prosthetic use.
- Upper Extremity Amputation: Arm, hand, or finger loss.
- Multiple Limb Amputations: Exponentially more challenging.
Phantom Limb Pain:
- 80% of amputees experience phantom limb pain.
- Feeling pain in the limb that’s no longer there.
- Can be severe and debilitating.
- Often a permanent condition.
- Requires lifetime pain management.
Lifetime Costs:
- Initial Prosthetic Fitting: $10,000-$30,000.
- Basic Prosthetic Leg: $5,000-$15,000 (replaced every 3-5 years).
- Advanced Computerized Prosthetic: $50,000-$100,000 (replaced every 3-5 years).
- Lifetime Cost (30-50 years): $500,000-$2,000,000.
Attorney911 Case Result:
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
Soft Tissue Injuries (Whiplash, Sprains, Strains)
What They Are:
Soft tissue injuries involve damage to muscles, ligaments, and tendons. While they may seem minor, they can cause chronic pain and long-term disability.
Why Insurance Companies Undervalue Them:
- No broken bones or surgery = appears “minor.”
- Difficult to see on X-rays (no objective evidence).
- Symptoms are subjective (pain, stiffness).
Why Soft Tissue Injuries Can Be Serious:
- 15-20% of whiplash cases develop chronic pain.
- Can prevent return to physical jobs.
- Often misdiagnosed initially (e.g., rotator cuff tears thought to be sprains).
- Can lead to permanent problems if not treated properly.
Proper Documentation Is Critical:
- Detailed pain descriptions to doctors.
- Consistent treatment (no gaps).
- MRI proving injury.
- Physical therapy records.
- Work restrictions documented.
Psychological Injuries (PTSD, Anxiety, Depression)
What They Are:
Motor vehicle accidents can cause severe psychological trauma, including:
- Post-Traumatic Stress Disorder (PTSD): 32-45% of accident victims develop PTSD symptoms.
- Driving Anxiety: Fear of getting in cars, panic attacks near accident locations.
- Depression: As the reality of injuries and financial stress sets in.
- Sleep Disturbances: Nightmares, insomnia, flashbacks.
Compensable Psychological Damages:
- Mental anguish
- Emotional distress
- Anxiety and depression
- Loss of enjoyment of life
- Fear and worry
- Relationship impacts
Why Choose Attorney911 for Your Alamo Heights Motor Vehicle Accident Case?
1. We Have an Insurance Defense Insider on Your Side
Lupe Peña spent years working for a national insurance defense firm, learning firsthand how large insurance companies value claims. He knows their tactics because he used them himself. Now, he uses that insider knowledge to fight for you.
Here’s what Lupe’s experience means for your case:
- He knows how insurance companies calculate claim values—because he calculated them.
- He knows which “independent” medical examiners they use—because he hired them.
- He knows their delay and deny tactics—because he deployed them.
- He knows how to beat their algorithms—because he worked with Colossus.
This is Attorney911’s biggest competitive advantage, and it’s something no other firm in Alamo Heights can offer.
2. We’ve Recovered Millions for Our Clients
Our results speak for themselves. Here are just a few examples of the compensation we’ve secured for our clients:
- Multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company.
- Settlement in the millions for a client whose leg was injured in a car accident. During treatment, staff infections led to a partial amputation.
- Millions recovered for families facing trucking-related wrongful death cases.
- Significant cash settlement for a client who injured his back while lifting cargo on a ship. Our investigation revealed he should have been assisted in this duty.
These results demonstrate our commitment to fighting for maximum compensation for our clients. We don’t settle for less than you deserve, and we prepare every case as if it’s going to trial—because insurance companies know we’re not bluffing.
3. We Have Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This is critical for cases involving:
- Trucking accidents (FMCSA regulations are federal).
- Complex product liability claims (like Tesla/Autopilot cases).
- Cases against out-of-state defendants.
- High-value cases that may exceed state court limits.
Our federal court experience includes:
- BP Texas City explosion litigation, where we were one of the few firms involved in this billion-dollar case.
- Complex trucking accident cases involving multiple defendants and federal regulations.
- Product liability claims against large corporations.
4. We Provide Personal Attention You Can Trust
At Attorney911, we treat our clients like family. Unlike high-volume firms where you’re just a case number, we provide personalized attention every step of the way. Our clients consistently praise our communication, care, and results:
“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” — Stephanie Hernandez
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” — Chad Harris
“Leonor got me into the doctor the same day…it only took 6 months, amazing.” — Chavodrian Miles
When you work with Attorney911, you’ll have direct access to Ralph Manginello and Lupe Peña. You won’t be handed off to a case manager or paralegal—you’ll work with the attorneys who are fighting for you.
5. We Offer Bilingual Services
Alamo Heights is a diverse community, and we’re proud to serve clients who speak English and Spanish. Lupe Peña is fluent in Spanish, and our staff includes bilingual team members like Zulema, who clients consistently praise:
“Especially Miss Zulema, who is always very kind and always translates.” — Celia Dominguez
“They solved in a couple of months what others did nothing about in two years.” — Angel Walle
Whether you’re more comfortable speaking English or Spanish, we’ll communicate with you clearly and compassionately throughout your case.
6. We Work on a Contingency Fee Basis—You Pay Nothing Unless We Win
We understand that you may be facing mounting medical bills and lost income after an accident. That’s why we work on a contingency fee basis, which means:
- You pay nothing upfront.
- We advance all case costs (filing fees, expert witnesses, etc.).
- You only pay if we win your case.
- Our fee is a percentage of your recovery.
If we don’t win, you owe us nothing. This allows you to focus on your recovery without worrying about legal fees.
Frequently Asked Questions About Motor Vehicle Accidents in Alamo Heights
Immediate After-Accident Questions
1. What should I do immediately after a car accident in Alamo Heights?
If you’ve been in an accident in Alamo Heights:
- Call 911 and report the accident.
- Seek medical attention even if you feel fine—adrenaline can mask injuries.
- Document everything: Take photos of the scene, vehicle damage, and your injuries.
- Exchange information with the other driver (name, phone, insurance, license plate).
- Get witness information if possible.
- 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. In Texas, you are required to report accidents that involve:
- Injuries or deaths.
- Property damage over $1,000.
- A driver who is intoxicated or uninsured.
The police report is critical evidence for your claim.
3. Should I seek medical attention if I don’t feel hurt?
Absolutely. Many serious injuries, such as traumatic brain injuries (TBI) and internal bleeding, don’t show symptoms immediately. Adrenaline can mask pain at the scene. Getting checked by a doctor creates a medical record that links your injuries to the accident.
Insurance companies use delays in treatment against you, so get checked immediately.
4. What information should I collect at the scene?
Collect the following information:
- Other driver: Name, phone number, address, driver’s license number, insurance company and policy number.
- Vehicle: Make, model, color, license plate number.
- Witnesses: Names and phone numbers.
- Photos: Vehicle damage (all angles), accident scene, road conditions, traffic signals, visible injuries.
- Police: Officer’s name, badge number, report number.
5. Should I talk to the other driver or admit fault?
- Exchange information only.
- Do NOT discuss fault or apologize (this can be used as an admission of guilt).
- Do NOT give your opinion on what happened.
- Stick to the facts only.
6. How do I obtain a copy of the accident report?
In Alamo Heights, you can obtain the police report from the responding agency (e.g., San Antonio Police Department) or through the Texas Department of Transportation’s Crash Records Information System (CRIS).
Dealing with Insurance
7. Should I give a recorded statement to the insurance company?
No. The other driver’s insurance company will call you within 24-72 hours of the accident, often while you’re still in the hospital or on pain medication. They’ll sound friendly and helpful, but their goal is to build a case against you.
Do NOT give a recorded statement without an attorney. Once you hire Attorney911, we handle all communication with the insurance company.
8. What if the other driver’s insurance contacts me?
Say: “I need to speak with my attorney first.” Then give them only your name, the date of the accident, and that you were involved. Do not discuss injuries or fault.
9. Do I have to accept the insurance company’s estimate?
No. Their estimate is just an initial offer, and it’s usually far below what your case is worth. Attorney911 fights for the full compensation you deserve.
10. Should I accept a quick settlement offer?
Never accept a settlement before knowing the full extent of your injuries. Early offers are always lowball offers. Once you sign a release, you cannot get more money even if you later need surgery or develop chronic pain.
11. What if the other driver is uninsured or underinsured?
Your own Uninsured/Underinsured Motorist (UM/UIM) coverage can compensate you. Texas allows inter-policy stacking, which means you can combine coverage from multiple vehicles on your policy.
Watch our video on UM/UIM claims: Uninsured & Underinsured Motorists
12. Why does the insurance company want me to sign a medical authorization?
They want unlimited access to your entire medical history to find pre-existing conditions to use against you. Never sign a medical authorization without attorney review. At Attorney911, we limit authorizations to accident-related records only.
Legal Process Questions
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?
14. When should I hire a car accident lawyer?
Immediately. Evidence disappears daily, and insurance companies start building their case against you from day one. The sooner you call Attorney911, the better we can preserve evidence and protect your rights.
15. How much time do I have to file a lawsuit (statute of limitations)?
In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the 2-year clock starts from the date of death. Missing this deadline means you lose your right to compensation forever.
16. What is comparative negligence, and how does it affect me?
Texas uses a modified comparative negligence system. If you are 50% or less at fault, you can recover damages, but your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing.
Insurance companies always try to assign as much fault as possible to you to reduce their payout. Lupe Peña’s experience in insurance defense helps us counter these arguments and prove the true cause of the accident.
17. Will my case go to trial?
Most cases settle before trial, but Attorney911 prepares every case as if it’s going to trial. This approach gives us leverage in negotiations because insurance companies know we’re not bluffing.
Watch our video: Will Your Case Go to Trial?
18. How long will my case take to settle?
The timeline depends on the severity of your injuries. We don’t settle until you reach Maximum Medical Improvement (MMI), which is the point at which your injuries have stabilized and you’ve received all necessary treatment. This could take 6 months for minor injuries or 18-24 months for serious injuries.
19. What is the legal process step-by-step?
- Investigation and evidence gathering.
- Medical treatment to MMI.
- Demand letter to insurance company.
- Negotiation.
- Lawsuit if necessary.
- Discovery (exchange of evidence).
- Mediation (attempt to settle).
- Trial if needed.
Watch our video: What Is the Process for a Personal Injury Claim?
Compensation Questions
20. What is my case worth?
The value of your case depends on:
- Severity of injuries.
- Medical expenses (past and future).
- Lost wages and earning capacity.
- Pain and suffering.
- Permanent impairment or disability.
- Clear liability (who was at fault).
Cases range from $15,000 for soft tissue injuries to millions for catastrophic injuries.
21. What types of damages can I recover?
You may be entitled to:
- Economic Damages:
- Medical expenses (past and future).
- Lost wages and earning capacity.
- Property damage.
- Out-of-pocket expenses.
- Non-Economic Damages:
- Pain and suffering.
- Mental anguish.
- Physical impairment.
- Disfigurement.
- Loss of enjoyment of life.
- Loss of consortium (impact on marriage/family).
- Punitive Damages (in cases of gross negligence):
- Available in drunk driving and other egregious cases.
22. Can I get compensation for pain and suffering?
Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is no cap on pain and suffering damages (except in medical malpractice cases).
23. What if I have a pre-existing condition?
You can still recover compensation if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule—the defendant takes you as they find you.
24. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries is not taxable. However, punitive damages are taxable as ordinary income. Consult a tax professional for advice specific to your situation.
25. How is the value of my claim determined?
The value is based on:
- Medical bills.
- Future treatment costs.
- Lost income.
- Permanent impairment rating.
- Comparable verdicts and settlements.
- Severity of injuries.
- Impact on your daily life.
Attorney Relationship Questions
26. How much do car accident lawyers cost?
Attorney911 works on a contingency fee basis, which means:
- You pay nothing upfront.
- We advance all case costs.
- Our fee is a percentage of your recovery (33.33% before trial, 40% if trial).
- If we don’t win, you owe us nothing.
Watch our video: How Do Contingency Fees Work?
27. What does “no fee unless we win” mean?
It means you pay nothing unless we recover compensation for you. If we don’t win, you owe us nothing. This allows you to focus on your recovery without worrying about legal fees.
28. How often will I get updates on my case?
Attorney911 provides regular updates on your case. As client Dame Haskett said: “Consistent communication and not one time did I call and not get a clear answer.”
29. Who will actually handle my case?
At Attorney911, you work directly with Ralph Manginello and Lupe Peña, not just paralegals or case managers. As Chad Harris said: “You are NOT just some client…You are FAMILY to them.”
30. What if I already hired another attorney?
You can switch attorneys at any time. If your current 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.”
Mistakes to Avoid
31. What common mistakes can hurt my case?
- Giving a recorded statement without an attorney.
- Accepting a quick settlement before knowing the full extent of your injuries.
- Delaying medical treatment.
- Gaps in treatment (missing appointments, stopping treatment).
- Posting on social media about the accident or your activities.
- Signing releases or authorizations without attorney review.
- Not documenting everything (photos, witness info, medical records).
Watch our video: Client Mistakes That Can Ruin Your Case
32. Should I post about my accident on social media?
No. Make all your social media profiles private immediately. Do not post about the accident, your injuries, or your activities. Insurance companies monitor everything and will use your posts against you.
33. Why shouldn’t I sign anything without a lawyer?
- Releases are permanent—once you sign, you can’t undo it.
- Medical authorizations give insurance companies unlimited access to your medical history.
- Settlement offers are binding—you can’t get more money later.
34. What if I didn’t see a doctor right away?
See a doctor now. Explain that you didn’t realize the severity of your injuries. Delayed symptoms are common in accidents. We can still help, but don’t wait any longer.
35. What if I was partially at fault for the accident?
You can still recover compensation if you were 50% or less at fault. Your recovery will be reduced by your percentage of fault. Lupe Peña’s experience in insurance defense helps us counter their comparative fault arguments and prove the true cause of the accident.
Additional Common Questions
36. What if I have a pre-existing condition?
You can still recover compensation if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule—the defendant takes you as they find you.
For example:
- You had mild occasional back pain before the accident.
- The accident caused a herniated disc requiring surgery.
- You recover for the new injury, not just the pre-existing pain.
We hire medical experts to explain the difference and prove causation.
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.”
38. What if the insurance company is my own insurance (UM/UIM claim)?
Uninsured/Underinsured Motorist (UM/UIM) claims are against your own insurance when the at-fault driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would.
You need an attorney to navigate this complex process and maximize your recovery. Texas allows inter-policy stacking, which means you can combine coverage from multiple vehicles on your policy.
39. How do you calculate pain and suffering?
Most commonly using the multiplier method:
- Medical expenses × multiplier (1.5 to 5) = pain and suffering.
- The multiplier depends on:
- Injury severity.
- Permanency.
- Impact on your life.
- Clear liability.
For example:
- $100,000 medical expenses × 4 multiplier = $400,000 pain and suffering.
Lupe Peña calculated these for years—he knows how to justify higher multipliers.
40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Government claims have special rules. You must file a notice of claim within 6 months (much shorter than the 2-year statute of limitations). Government entities are protected by sovereign immunity, and damage caps may apply.
These cases are complex—you need an experienced attorney. Ralph’s 25+ years of experience includes government litigation.
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 when the at-fault driver is unidentified.
Evidence is critical—surveillance footage from nearby businesses, Ring doorbells, and traffic cameras can help identify the driver. Most footage is deleted within 7-30 days, so call Attorney911 immediately.
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, and we’ve successfully represented clients of all immigration statuses.
Lupe Peña is fluent in Spanish, and our staff includes bilingual team members. 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 that “parking lot accidents are always 50/50 fault”—this is a lie.
We prove fault through:
- Surveillance video.
- Witness statements.
- Damage analysis.
- Traffic patterns.
Texas comparative negligence rules apply, and 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, and the driver’s insurance covers passengers. There are no comparative fault issues (you weren’t driving).
These cases often settle quickly because liability is clear. We handle the difficult conversation so you don’t have to.
45. What if the other driver died in the accident?
You can still pursue a claim against the deceased driver’s estate and insurance. The insurance policy still applies, and the estate may have assets. Wrongful death laws protect both sides.
These cases are emotionally complex but legally straightforward. We handle them with sensitivity while protecting your rights.
Alamo Heights Motor Vehicle Accident Resources
Local Hospitals and Trauma Centers
If you’ve been injured in an accident in Alamo Heights, seek medical attention at one of these nearby facilities:
- Methodist Hospital: 111 Dallas St, San Antonio, TX 78205 (Level IV Trauma Center)
- University Hospital: 4502 Medical Dr, San Antonio, TX 78229 (Level I Trauma Center)
- Baptist Medical Center: 111 Dallas St, San Antonio, TX 78205 (Level III Trauma Center)
- Northeast Baptist Hospital: 8811 Village Dr, San Antonio, TX 78217
- Christus Santa Rosa Hospital – Medical Center: 2829 Babcock Rd, San Antonio, TX 78229
Local Courts
If your case goes to court, it will likely be heard in one of these courts:
- Bexar County Civil Courts: 100 Dolorosa St, San Antonio, TX 78205
- Bexar County Justice of the Peace Courts: Various locations throughout Bexar County
- U.S. District Court, Western District of Texas (San Antonio Division): 655 E César E. Chávez Blvd, San Antonio, TX 78206
Local Law Enforcement
For accident reports and investigations:
- San Antonio Police Department (SAPD): 315 S Santa Rosa Ave, San Antonio, TX 78207
- Bexar County Sheriff’s Office: 200 N Comal St, San Antonio, TX 78207
- Texas Department of Public Safety (DPS): Various locations throughout Bexar County
Local Support Groups
Recovering from a motor vehicle accident can be emotionally challenging. These local organizations can provide support:
- Mothers Against Drunk Driving (MADD) – San Antonio: madd.org
- Brain Injury Association of Texas: biatx.org
- Spinal Cord Injury Association of Texas: sci-texas.org
Contact Attorney911 Today
If you or a loved one has been injured in a motor vehicle accident in Alamo Heights, don’t wait to get the help you need. Evidence disappears daily, and the insurance company is already building their case against you.
At Attorney911, we offer:
- Free consultations—no obligation.
- No fee unless we win—you pay nothing upfront.
- Personal attention from Ralph Manginello and Lupe Peña.
- Insurance defense insider knowledge—we know their playbook.
- Proven results—millions recovered for our clients.
Call us now at 1-888-ATTY-911 (1-888-288-9911) for immediate legal guidance. We’re available 24/7 to answer your questions and help you take the first step toward recovery.
Se habla español. Lupe Peña and our bilingual staff are ready to assist Spanish-speaking clients.
Don’t face this alone. Let Attorney911 fight for you.