Motor Vehicle Accident Attorney in Austin, Travis County, Texas

Legal Emergency Lawyers™ Serving Austin and Central Texas

If you’ve been injured in a car accident in Austin, Travis County, Texas, you’re not alone. Every 57 seconds, another motor vehicle crash occurs in Texas, injuring someone every 2 minutes and 5 seconds. In 2024 alone, 251,977 people were injured on Texas roads – and Austin’s growing population and busy highways like I-35 and MoPac make our community particularly vulnerable.

At Attorney911, we understand what you’re going through. The physical pain, the emotional trauma, the financial stress – we’ve helped thousands of Austin residents just like you recover from motor vehicle accidents. With 25+ years of experience serving Central Texas, Ralph Manginello and our team know the local courts, the insurance companies operating in Travis County, and how to fight for maximum compensation for accident victims in Austin, Round Rock, Pflugerville, and throughout the region.

Why Austin Accident Victims Choose Attorney911

When you’re hurt in a car crash in Austin, you need more than just a lawyer – you need a legal emergency response team. Our firm offers what no other Austin law firm can:

Insurance Defense Insider Advantage: Lupe Peña, our associate attorney, spent years working for insurance companies. He knows exactly how they value claims, which doctors they send you to, and how to beat their algorithms. This insider knowledge is your unfair advantage.
Multi-Million Dollar Results: We’ve recovered millions for Austin-area accident victims, including cases settling in the millions for catastrophic injuries. Our results prove we don’t accept lowball offers.
Federal Court Experience: Ralph Manginello is admitted to practice in the U.S. District Court for the Western District of Texas. This federal court admission means we can handle complex cases that other firms can’t.
Personal Attention: Unlike high-volume firms where you’re just a case number, at Attorney911 you work directly with Ralph or Lupe. As client Chad Harris said, “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
No Fee Unless We Win: We don’t get paid unless we recover compensation for you. Free consultation, no upfront costs, no risk.

Common Types of Motor Vehicle Accidents in Austin

Austin’s unique traffic patterns and growing population create specific accident risks. Here are the most common types of motor vehicle accidents we handle for Austin residents:

Car Accidents in Austin (Tier 1 – Most Common)

Austin’s rapid growth has led to increased congestion on roads like I-35, MoPac (Loop 1), US-183, and SH 130. With 251,977 people injured in Texas car crashes in 2024, and one crash occurring every 57 seconds, Austin sees more than its share of collisions.

Common causes in Austin:

Distracted driving (especially near UT Austin campus and downtown)
Speeding on highways like I-35 and MoPac
Failure to yield at busy intersections like Lamar and 15th Street
Running red lights (Austin has some of the most dangerous intersections in Texas)
Following too closely on congested roads
Drunk driving accidents (especially on weekends near 6th Street and Rainey Street)

Common injuries we see:

Whiplash and soft tissue injuries (especially from rear-end collisions)
Herniated discs (common in high-speed highway accidents)
Broken bones and fractures (arms, legs, ribs)
Traumatic brain injuries (TBI) from severe impacts
Spinal cord injuries (can lead to paralysis)
Internal organ damage (often requires emergency surgery)

Case result: In a recent case, our client’s leg was injured in a car accident on I-35. Staff infections during treatment led to a partial amputation. This case settled in the millions.

What to do after an Austin car accident:

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

Client testimonial: “I was rear-ended on MoPac and the team got right to work. I also got a very nice settlement. They make you feel like family.” – MONGO SLADE

18-Wheeler and Trucking Accidents (Tier 1 – Highest Value)

Austin’s position as a major transportation hub means heavy truck traffic on I-35, I-10, and SH 130. In 2024, Texas saw 39,393 commercial motor vehicle crashes, resulting in 608 fatalities and 1,601 serious injuries. Texas accounts for 11% of all fatal truck crashes nationwide.

Why trucking accidents are more dangerous:

Size disparity: An 18-wheeler weighs up to 80,000 lbs vs. 4,000 lbs for a passenger car
Stopping distance: Trucks require 40% more distance to stop than cars
Blind spots: Trucks have large “no zones” where drivers can’t see smaller vehicles
Cargo issues: Improperly loaded cargo can cause rollovers or spills

Federal regulations that apply:

Hours of Service (HOS): Drivers can only drive 11 hours after 10 consecutive hours off-duty
Electronic Logging Devices (ELDs): Mandatory since 2017 to prevent driver fatigue
Drug and alcohol testing: Commercial drivers face stricter standards (0.04% BAC limit)
Vehicle maintenance: Regular inspections and maintenance required

Why these cases are higher value:

Multiple liable parties: driver, trucking company, cargo loader, manufacturer
Higher insurance limits: $750,000 to $5,000,000+ policies
Federal court experience matters: FMCSA cases often end up in federal court
Severe injuries: Truck accidents often result in catastrophic injuries or death

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

What to do after an Austin truck accident:

Call 911 immediately – truck accidents often require emergency response
Document the scene thoroughly – take photos of the truck, license plates, company names
Get the truck driver’s information and the trucking company’s details
Preserve evidence – don’t let the truck leave before police arrive
Seek medical attention immediately
Do NOT speak to the trucking company’s insurance adjuster
Call Attorney911 at 1-888-ATTY-911 – we send preservation letters immediately

Nuclear verdict context: Recent Texas trucking verdicts include:

Oncor Electric: $37.5 million (distracted truck driver)
New Prime I-35 pileup: $44.1 million (6 deaths)
Ben E. Keith (Fort Worth): $35 million settlement

Drunk Driving Accidents (Tier 1 – Punitive Damages Available)

Austin’s vibrant nightlife, especially in areas like 6th Street, Rainey Street, and the Warehouse District, contributes to a serious drunk driving problem. In 2024, Texas saw 1,053 alcohol-impaired driving deaths, accounting for 25.37% of all traffic fatalities. That’s one death every 8 hours from drunk driving in Texas.

Texas dram shop liability (TABC § 2.02):
Bars, restaurants, and other establishments can be held liable if they serve alcohol to someone who is obviously intoxicated and that person then causes an accident.

Signs of obvious intoxication:

Slurred speech
Bloodshot or glassy eyes
Unsteady gait or stumbling
Impaired coordination
Aggressive or erratic behavior
Strong odor of alcohol

Potentially liable parties:

Bars and nightclubs (especially in downtown Austin)
Restaurants serving alcohol
Liquor stores
Event organizers (concerts, festivals)
Social hosts (limited circumstances in Texas)

Why these cases are higher value:

Punitive damages available for gross negligence
Multiple defendants (driver + bar/restaurant)
Criminal case can strengthen civil case
Insurance companies can’t defend the indefensible

Attorney911’s advantage:
Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), giving us unique insight into both the criminal and civil aspects of drunk driving cases. We’ve successfully handled three DWI dismissals that demonstrate our investigation skills:

Breathalyzer machine improperly maintained – case dismissed
No breath/blood test, missing hospital notes – dismissed day of trial
Video evidence showed client not drunk – case dismissed

What to do after a drunk driving accident in Austin:

Call 911 immediately – report suspected drunk driving
Document the scene – take photos of the other vehicle, license plates, and any visible alcohol containers
Get witness statements – especially from passengers or bystanders
Seek medical attention immediately
Do NOT speak to the drunk driver’s insurance company
Call Attorney911 at 1-888-ATTY-911 – we investigate dram shop liability immediately

Motorcycle Accidents in Austin (Tier 1)

Austin’s warm weather and scenic Hill Country roads make it a popular destination for motorcyclists. Unfortunately, Texas saw 585 motorcyclist fatalities in 2024, with 37% of those killed not wearing helmets. Harris County (which includes Houston) leads the state in motorcycle fatalities, but Travis County sees its share of serious crashes.

Texas helmet law:

Required for all riders under 21
Riders 21+ may ride without a helmet if they:
- Have completed an approved motorcycle safety course, OR
- Have $10,000+ in medical insurance coverage

High-crash areas in Austin:

I-35 corridor (especially near downtown exits)
MoPac (Loop 1) – high-speed merging
SH 71 to the airport – dangerous curves
Downtown streets – distracted drivers
Hill Country roads – scenic but hazardous

Common causes of motorcycle accidents:

Failure to yield right of way (most common cause)
Driver inattention/distraction (especially near UT campus)
Unsafe lane changes
Left-turn accidents (T-bone collisions)
Speeding/reckless driving

Comparative negligence issue:
Texas uses the 51% bar rule, which is critically important for motorcyclists. Insurance companies ALWAYS try to blame the rider. Lupe Peña’s experience helps counter these arguments – he knows exactly how insurance companies try to shift blame because he made these arguments for years as a defense attorney.

What to do after an Austin motorcycle accident:

Call 911 immediately – motorcycle accidents often result in serious injuries
Seek medical attention – even if you feel okay, adrenaline masks pain
Document the scene – take photos of the vehicles, road conditions, and your injuries
Get witness information
Do NOT admit fault or discuss the accident with insurance adjusters
Call Attorney911 at 1-888-ATTY-911 – we know how to counter comparative fault arguments

Pedestrian Accidents in Austin (Tier 2)

Austin’s growing population and walkable downtown make pedestrian accidents a serious concern. In 2024, Texas saw 6,095 pedestrian crashes resulting in 768 fatalities. Pedestrians account for just 1% of crashes but 19% of all roadway deaths.

Austin’s pedestrian safety crisis:

119 pedestrians killed on Austin streets in 2023 (a record)
Downtown Austin, the UT campus area, and the Rainey Street district are particularly dangerous
The stretch of Guadalupe Street near the UT campus sees frequent pedestrian accidents

Critical legal point:
Pedestrians ALWAYS have the right-of-way at intersections in Texas – even at unmarked crosswalks. Many drivers don’t know this. As the law states: “Anytime there’s an intersection of two streets, the distance between them is a crosswalk” – even if unmarked.

Common injuries in pedestrian accidents:

Traumatic brain injuries (TBI)
Spinal cord injuries (can lead to paralysis)
Broken pelvis and legs
Internal organ damage
Fatalities (especially in high-speed zones)

What to do after a pedestrian accident in Austin:

Call 911 immediately – pedestrian accidents often require emergency response
Seek medical attention – even if you can walk, internal injuries may be present
Document the scene – take photos of the vehicle, license plate, and your injuries
Get witness information
Do NOT discuss fault with the driver or insurance companies
Call Attorney911 at 1-888-ATTY-911 – we know how to prove driver negligence

Rideshare Accidents (Uber/Lyft) in Austin (Tier 2)

Austin’s vibrant rideshare scene means thousands of Uber and Lyft vehicles on our roads daily. With 11 billion rideshare trips taken in the U.S. since 2010, accidents are inevitable. In Austin, rideshare accidents are particularly common in areas like downtown, the Domain, and near the airport.

Rideshare insurance phases (critical for your recovery):

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

Why this matters:
The insurance coverage varies DRAMATICALLY based on what the driver was doing at the moment of the crash. This complexity is why you need an attorney with rideshare experience. Lupe Peña’s insurance expertise helps navigate this maze.

Who can be injured in rideshare accidents:

21% Riders
21% Drivers
58% Third parties (other drivers, pedestrians, passengers in other vehicles)

Common Austin rideshare accident scenarios:

Downtown pickup/drop-off zones (6th Street, Rainey Street)
Airport rides (ABIA pickups and drop-offs)
The Domain and Arboretum areas
UT campus rides
Late-night rides after bars close

What to do after an Austin rideshare accident:

Call 911 and report the accident
Document the scene – take photos of all vehicles involved
Get the rideshare driver’s information and app status
Determine which insurance phase applies
Seek medical attention immediately
Do NOT accept a quick settlement from Uber/Lyft insurance
Call Attorney911 at 1-888-ATTY-911 – we know how to maximize your recovery

The 48-Hour Evidence Preservation Protocol for Austin Accident Victims

When you’re injured in an accident in Austin, the first 48 hours are critical. Evidence disappears quickly, and insurance companies start building their case against you immediately. Here’s what you need to do:

Hour 1-6 (Immediate Crisis Response):

✅ Safety First: If you can move safely, get to a secure location away from traffic. Austin’s busy roads like I-35 and MoPac can be particularly dangerous after an accident.

✅ Call 911: Report the accident and request medical assistance if anyone is injured. Austin Police Department and Travis County Sheriff’s Office respond to accidents throughout the area.

✅ Medical Attention: If injured, get to an Austin emergency room immediately. Adrenaline masks injuries – you may be hurt and not know it yet. Consider these local trauma centers:

Dell Seton Medical Center (Level I Trauma Center)
Ascension Seton Medical Center Austin
St. David’s Medical Center

✅ Document Everything:

Take photos of ALL vehicle damage (every angle)
Photograph the accident scene, road conditions, traffic signals
Take photos of visible injuries
Screenshot any messages visible on your phone (do NOT delete anything)

✅ Exchange Information:

Other driver’s name, phone, address
Insurance company and policy number
Driver’s license number
License plate number
Vehicle make, model, color

✅ Witnesses:

Get names and phone numbers of any witnesses
Ask if they saw what happened
Record their statements if possible

✅ Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company

Hour 6-24 (Evidence Preservation):

✅ Digital Preservation:

Preserve all texts, calls, photos, videos related to the accident
Do NOT delete anything from your phone
Screenshot everything relevant
Email copies to yourself for backup

✅ Physical Evidence:

Secure damaged clothing, glasses, personal items
Keep receipts for any expenses (towing, rental car, medications)
Do NOT repair your vehicle yet – preserve the damage

✅ Medical Records:

Request copies of all ER/hospital records from Austin medical providers
Keep all discharge paperwork
Follow up with your primary care physician within 24-48 hours

✅ Insurance Communications:

Note any calls from insurance companies
Do NOT give recorded statements yet
Do NOT sign anything
Do NOT accept any settlement offers
Say: “I need to speak with my attorney first”

✅ Social Media:

Make ALL profiles private immediately
Do NOT post about the accident
Do NOT post photos of injuries or activities
Tell friends/family not to tag you in posts

Hour 24-48 (Strategic Decisions):

✅ Legal Consultation:

Speak with experienced Austin motor vehicle accident attorney
Call Attorney911: 1-888-ATTY-911 for free consultation
Have your documentation ready

✅ Insurance Response:

If insurance contacts you, refer them to your attorney
Say: “My attorney will be in touch with you”
Provide only basic information: name, date of accident, that you were involved

✅ Settlement Offers:

Do NOT accept or sign anything without lawyer review
Early offers are ALWAYS lowball offers
You don’t know extent of your injuries yet

✅ Evidence Backup:

Upload all screenshots and photos to cloud storage
Email copies to yourself and family member
Create written timeline of events while memory is fresh

Week One Priorities:

✅ Medical Follow-Up:

Continue documenting all injuries
See specialists if recommended (Austin has excellent orthopedic and neurological specialists)
Follow ALL doctor recommendations (insurance watches for gaps)
Get written work restrictions if needed

✅ Investigation Begins:

Attorney obtains police report from Austin Police Department or Travis County Sheriff
Preservation letters sent to all parties
Surveillance footage secured before deletion (Austin businesses typically keep footage 7-30 days)
Witness statements recorded

✅ Communication:

Attorney handles ALL insurance communication
You focus on recovery
Document any pressure from insurance or other parties

Texas Motor Vehicle Law: What Austin Accident Victims Need to Know

Statute of Limitations (Deadline to File)

Texas Civil Practice & Remedies Code § 16.003 gives you 2 years from the date of your accident to file a personal injury lawsuit. This deadline applies to:

Car accidents
Trucking accidents
Motorcycle accidents
Pedestrian accidents
Wrongful death claims (2 years from date of death)

Exceptions:

Discovery Rule: The 2-year clock may start later if you couldn’t have reasonably discovered your injury immediately
Minors: The statute of limitations is tolled (paused) until the minor turns 18
Government Claims: If a government vehicle was involved, you may need to file a notice within 6 months

Why this matters: If you miss the 2-year deadline, your case is BARRED forever. You cannot sue, and you cannot recover compensation. This is why you should call Attorney911 immediately after your Austin accident.

Comparative Negligence (51% Bar Rule)

Texas uses a modified comparative negligence system with a 51% bar. This means:

If you are 50% or less at fault, you can recover damages, but your recovery is reduced by your percentage of fault
If you are 51% or more at fault, you recover NOTHING

Examples:

Your Fault %	Case Value	Your Recovery
0%	$100,000	$100,000
10%	$100,000	$90,000
25%	$250,000	$187,500
40%	$500,000	$300,000
50%	$500,000	$250,000
51%	$500,000	$0

Why this matters in Austin:
Insurance companies ALWAYS try to assign maximum fault to you to reduce their payment. Even small fault percentages can cost you thousands:

10% fault on a $100,000 case = $10,000 less for you
25% fault on a $250,000 case = $62,500 less for you
40% fault on a $500,000 case = $200,000 less for you

Lupe Peña’s insurance defense experience is crucial here. He knows exactly how insurance companies try to shift blame because he made these arguments for years – now he defeats them.

Texas Minimum Auto Insurance Requirements

Texas law requires all drivers to carry minimum liability insurance:

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

Uninsured Motorist Statistics:

15.4% of U.S. motorists are uninsured (approximately 1 in 7 drivers)
Texas allows inter-policy stacking of UM/UIM coverage
Your own UM/UIM coverage can protect you when the at-fault driver is uninsured or underinsured

How Insurance Companies Try to Screw Austin Accident Victims

At Attorney911, we know the insurance company playbook because Lupe Peña used to run it. For years, he worked for insurance companies, learning exactly how they value claims, which doctors they send you to, and how to minimize payouts. Now he uses that insider knowledge to fight FOR accident victims in Austin.

Here are the 6 major tactics insurance companies use against you:

Tactic #1: The Quick Contact & Recorded Statement Trap (Days 1-3)

What they do:
Within hours of your accident, an insurance adjuster will contact you – often while you’re still in the hospital or on pain medication. They’ll be friendly, helpful, and seem concerned about your well-being.

What they say:

“We just want to help you”
“We need to get your side of the story to process your claim”
“This is routine, everyone does this”
“It’ll only take a few minutes”

What they’re really doing:
They’re building their defense against you with leading questions designed to trap you:

Question They Ask	What They Want You to Say
“You’re feeling better now though, right?”	Trap you into saying you’re improving
“It wasn’t that bad of an impact, was it?”	Minimize collision severity
“You were able to walk away from the scene?”	Suggest injuries aren’t serious
“Were you distracted at all?”	Get you to admit distraction
“How fast were you going?”	Hope you overestimate or say “I don’t know”

The truth:

You are NOT required to give a recorded statement to the other driver’s insurance
Giving a statement without an attorney ALMOST ALWAYS hurts your case
Insurance companies know this – that’s why they push so hard

How Attorney911 counters:
Once you hire us, we become your voice. All calls go through us. We prepare you properly if a statement becomes absolutely necessary. We know their questions because Lupe asked them for years.

Tactic #2: The Quick Settlement Offer Trap (Weeks 1-3)

What they do:
Within days or weeks of your accident, the insurance company will offer you quick money – typically $2,000-$5,000, sometimes up to $15,000 if they’re worried.

What they say:

“This offer expires in 48 hours”
“I can only get approval for this amount right now”
“Take it or leave it”
“This is our final offer” (it’s not)

The trap:
You don’t know the full extent of your injuries yet. Here’s what often happens:

What Happens	Result
Day 3: Insurance offers $3,500 “final settlement”	You’re desperate, in pain, scared about bills
You sign the release	You think it’s over
Week 6: MRI shows herniated disc requiring surgery	Surgery costs $100,000
TOO LATE	You signed release, can’t reopen claim
You pay $100,000 out of pocket	Insurance pays nothing more

The release is PERMANENT and FINAL.

How Attorney911 counters:
We NEVER settle before you’ve reached Maximum Medical Improvement (MMI) – the point where you’re as good as you’re going to get medically. This could be 6 months for minor injuries or 24+ months for serious injuries. We know their early offers are ALWAYS lowball – Lupe calculated these lowball offers for years, and he knows they’re offering 10-20% of your case’s true value.

Tactic #3: The “Independent” Medical Exam Scam (Months 2-6)

What they call it: “Independent Medical Examination” (IME)

What it really is: An insurance company hired doctor whose job is to minimize your injuries

How insurance companies choose IME doctors:
They don’t pick the most qualified doctors – they pick doctors who give them the reports they want. Selection criteria:

Based on who gives insurance-favorable reports (not who’s most qualified)
Doctors who consistently find “no injury” or “pre-existing condition”
Doctors paid THOUSANDS by insurance companies ($2,000-$5,000 per exam)
Repeat business = repeat favorable reports

What happens at an IME:

10-15 minute “examination” (vs. your treating doctor’s thorough evaluation)
Rarely review your complete medical records beforehand
Ask questions designed to elicit “I’m feeling better” responses
Look for ANY reason to minimize 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 Attorney911 counters:

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

Tactic #4: Delay and Financial Pressure (Months 6-12+)

What they do:
They drag your case out, hoping you’ll get desperate and accept less. Common tactics:

“Still investigating your claim”
“Waiting for medical records” (that we sent months ago)
“Reviewing your file”
“Need additional information”
Ignore calls and emails
Take weeks to respond to simple questions

Why delay works (on people without attorneys):

Insurance Companies Have:

Unlimited time
Unlimited resources
No financial pressure
Earning interest on YOUR settlement money while delaying

You Have:

Mounting bills
Zero income
Creditors threatening
Need money NOW

Financial desperation makes you accept less:

Month 1: You’d reject 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 Attorney911 counters:

We file lawsuits to force deadlines
We set depositions, forcing them to produce witnesses
We prepare for trial, showing we’re serious
Lupe understands delay tactics because he used them – he knows when to push

Tactic #5: Surveillance and Social Media Monitoring

What they do:
They hire private investigators to follow you and monitor ALL your social media accounts.

Surveillance tactics:

Video you doing daily activities from public places
Film from your driveway, the street, stores, restaurants
Look for ANY activity that contradicts your injury claims
One video of you bending over = “Not really injured”

Social media monitoring:

Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
Screenshot EVERYTHING: photos, posts, check-ins, comments, likes
Monitor your friends’ profiles for posts mentioning you
Use facial recognition to find photos you’re tagged in
Archive your entire social media history

Examples we’ve defended:

Example	What Happened	Insurance Claimed	Reality
Old Photo	Gym photo from 3 YEARS AGO	Presented as recent, contradicts injury	We proved metadata was pre-accident
Restaurant Check-in	Facebook check-in at restaurant	“Partying and having fun”	Sitting quietly having dinner
Friend’s Comment	Friend posted “Had fun yesterday!”	Evidence of non-injury	Client was resting at home
Walking Dog	Video of client walking dog slowly	“Not disabled”	Doctor RECOMMENDED short walks
Smiling in Photo	Family photo smiling	“Not in pain – she’s smiling!”	Everyone smiles for photos

7 Rules for Austin clients:

Make ALL profiles private immediately
DON’T post about the accident, injuries, activities, or emotions
DON’T check in anywhere
Tell friends/family: don’t tag, don’t post about you
Don’t accept friend requests from strangers (fake profiles)
BEST: Stay off social media entirely during your case
Assume EVERYTHING is being monitored

Lupe’s insider quote:

“I’ve reviewed hundreds of surveillance videos and social media posts as defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life – they’re building ammunition against you.”

Tactic #6: Comparative Fault Arguments

What they do:
They try to assign you MAXIMUM fault to reduce their payment using arguments like:

“You were speeding” (without evidence)
“You weren’t paying attention” (speculation)
“You could have avoided this” (hindsight bias)
“You were distracted” (guessing)
“You contributed to this accident” (shifting blame)

Why they do this:
Texas’ 51% bar rule means:

If you’re 51%+ at fault → You get NOTHING
If you’re 50% or less at fault → Your damages are reduced by your percentage

Even small fault percentages cost thousands:

10% fault on a $100,000 case = $10,000 less for you
25% fault on a $250,000 case = $62,500 less for you
40% fault on a $500,000 case = $200,000 less for you

How Attorney911 counters:

Aggressive liability investigation
Accident reconstruction proving other driver’s fault
Witness statements supporting your version
Police report analysis emphasizing citations
Expert testimony on perception-reaction time
Lupe knows their fault arguments because he made them for years – now he defeats them

Colossus: How Insurance Companies ACTUALLY Value Your Claim

Lupe Peña knows the Colossus system inside and out because he used it for years when he worked for insurance companies. Here’s how it really works:

How Colossus Works:

Data Entry: Adjuster inputs injury codes, treatment types, medical costs, lost wages, jurisdiction
Coding: Injuries are coded using standardized medical terms
Calculation: Software applies algorithms to determine “value”
Range Output: System provides recommended settlement range
Authority: Adjuster typically cannot exceed without supervisor approval

How Insurance Manipulates Colossus:

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

Why Lupe’s Experience Matters:

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

Types of Compensation Austin Accident Victims Can Recover

Economic Damages (No Cap in Texas):

Damage Type	What It Covers
Medical Expenses (Past)	ER, hospital, surgery, doctors, physical therapy, medications, medical equipment
Medical Expenses (Future)	Ongoing treatment, future surgeries, lifetime medications, long-term care
Lost Wages (Past)	Income lost from date of accident to present
Lost Earning Capacity (Future)	Reduced ability to earn income in the future
Property Damage	Vehicle repair or replacement, personal property
Out-of-Pocket Expenses	Transportation to medical appointments, home modifications, household help

Non-Economic Damages (No Cap Except Medical Malpractice):

Damage Type	What It Covers
Pain and Suffering	Physical pain from injuries, both past and future
Mental Anguish	Emotional distress, anxiety, depression, fear, PTSD
Physical Impairment	Loss of physical function, disability, limitations
Disfigurement	Scarring, permanent visible injuries affecting appearance
Loss of Consortium	Impact on marriage/family relationships, loss of companionship
Loss of Enjoyment of Life	Inability to participate in activities you previously enjoyed

Punitive/Exemplary Damages (Capped in Texas):

Available for gross negligence, fraud, or malice. Common in drunk driving cases. Cap is the greater of:

$200,000, OR
2x economic damages + 1x non-economic damages (capped at $750,000 for non-economic portion)

Settlement Ranges for Common Austin Injuries

Soft Tissue Injuries (Whiplash, Sprains, Strains):

Medical Treatment: $6,000-$16,000
Lost Wages: $2,000-$10,000
Pain & Suffering: $8,000-$35,000
Settlement Range: $15,000-$60,000
Higher if: Permanent pain, restrictions on activities, chronic condition develops

Broken Bone (Single, Simple Fracture):

Medical Treatment: $10,000-$20,000
Lost Wages: $5,000-$15,000
Pain & Suffering: $20,000-$60,000
Settlement Range: $35,000-$95,000

Broken Bone Requiring Surgery (ORIF):

Medical Treatment: $47,000-$98,000
Lost Wages: $10,000-$30,000
Pain & Suffering: $75,000-$200,000
Settlement Range: $132,000-$328,000

Herniated Disc (Conservative Treatment):

Medical Treatment: $22,000-$46,000
Lost Wages: $8,000-$25,000
Pain & Suffering: $40,000-$100,000
Settlement Range: $70,000-$171,000

Herniated Disc Requiring Surgery:

Past Medical: $96,000-$205,000
Future Medical: $30,000-$100,000
Lost Wages: $20,000-$50,000
Lost Earning Capacity: $50,000-$400,000
Pain & Suffering: $150,000-$450,000
Settlement Range: $346,000-$1,205,000

Traumatic Brain Injury (Moderate to Severe):

Past Medical: $198,000-$638,000
Future Medical: $300,000-$3,000,000+
Lost Wages: $50,000-$200,000
Lost Earning Capacity: $500,000-$3,000,000+
Pain & Suffering: $500,000-$3,000,000+
Settlement Range: $1,548,000-$9,838,000

Attorney911 case result: “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”

Spinal Cord Injury / Paralysis:

First Year Costs: $500,000-$1,500,000
Annual Costs After: $70,000-$250,000
Lifetime Costs: $2,500,000-$13,000,000+
Settlement Range: $4,770,000-$25,880,000

Amputation:

Past Medical: $170,000-$480,000
Future Medical: $500,000-$2,000,000 (lifetime prosthetics)
Settlement Range: $1,945,000-$8,630,000

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”

Wrongful Death (Working Age Adult):

Economic Damages: $1,000,000-$4,000,000 (lost financial support)
Non-Economic Damages: $500,000-$3,000,000 (loss of companionship, mental anguish)
Settlement Range: $1,910,000-$9,520,000

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

Why Choose Attorney911 for Your Austin Motor Vehicle Accident Case

When you’re injured in an accident in Austin, you have choices. So why should you choose Attorney911? Here are the 5 reasons that set us apart from every other law firm in Central Texas:

1. Insurance Defense Insider Advantage

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

This is our nuclear advantage. Lupe spent years working FOR insurance companies, learning:

How they value claims (Colossus software)
Which doctors they send you to (IME doctors)
How they calculate settlement offers
Their delay and deny tactics
How they try to blame you for the accident

Now he uses that knowledge FOR accident victims in Austin. As client Chelsea Martinez said, “Special thank you to my attorney, Mr. Pena, for your kindness and patience with my repeated questions.”

No other Austin law firm has this insider knowledge. We know their playbook because Lupe wrote it.

2. Multi-Million Dollar Results in Austin Cases

We don’t just claim to get results – we prove it with documented case outcomes:

“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”

“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions”

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

Our results speak for themselves. We’ve recovered millions for Austin-area accident victims, and we’re not afraid to take cases to trial when insurance companies won’t pay what’s fair.

3. Federal Court Experience for Complex Cases

Ralph Manginello is admitted to practice in the U.S. District Court for the Western District of Texas, which includes the Austin Division. This federal court admission means we can handle complex cases that other Austin firms can’t, including:

Trucking accidents with federal FMCSA regulations
Cases against out-of-state defendants
Complex product liability cases (like Tesla Autopilot accidents)
Cases involving multiple defendants

We were also one of the few firms involved in the BP Texas City explosion litigation – showing our capability to take on billion-dollar corporations.

4. Personal Attention from Austin’s Legal Emergency Team

At Attorney911, you’re not just a case number. You work directly with Ralph Manginello or Lupe Peña – not a case manager assembly line. Our clients consistently praise our communication:

“Melanie was excellent. She kept me informed and when she said she would call me back, she did.” – Brian Butchee

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

“I never felt like ‘just another case’ they were working on.” – Ambur Hamilton

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

This personal attention is why so many Austin clients choose us and refer their friends and family.

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

We work on a contingency fee basis – you pay nothing unless we recover compensation for you. There are no upfront costs, no hourly fees, and no financial risk.

Free consultation to discuss your case
We advance all case costs
You pay nothing out of pocket
Our fee is a percentage of your recovery
If we don’t win, you owe us nothing

This means you can get top-tier legal representation without worrying about how to pay for it.

Frequently Asked Questions About Austin Motor Vehicle Accidents

Immediate After Accident

1. What should I do immediately after a car accident in Austin?

If you’ve been in an accident in Austin:

Call 911 and report the accident
Seek medical attention even if you feel fine (adrenaline masks injuries)
Document everything: take photos of damage, injuries, and the scene
Exchange information with the other driver
Get witness names and phone numbers
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 in Austin?

Yes. Always call the police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000. Austin Police Department and Travis County Sheriff’s Office respond to accidents throughout the area.

3. Should I seek medical attention if I don’t feel hurt?

ABSOLUTELY. Many serious injuries don’t show symptoms immediately:

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

Insurance companies use delays in treatment against you. Get checked immediately at Dell Seton Medical Center, Ascension Seton, or St. David’s.

4. What information should I collect at the scene?

Other driver: name, phone, address, driver’s license, insurance
Vehicle: make, model, color, license plate
Witnesses: names and phone numbers
Photos: all vehicle damage, injuries, road conditions, traffic signals
Police: officer name, badge number, report number

5. Should I talk to the other driver or admit fault?

Exchange information only
Do NOT discuss fault
Do NOT apologize or say “I’m sorry” (can be used as admission)
Do NOT give your opinion on what happened
Stick to facts only

6. How do I obtain a copy of the accident report in Austin?

You can obtain the police report from the responding agency (Austin Police Department, Travis County Sheriff, etc.) or through the Texas Department of Transportation’s Crash Records Information System (CRIS).

Dealing with Insurance

7. Should I give a recorded statement to insurance?

To the other driver’s insurance: NO. Not without an attorney.
To your own insurance: You have a duty to cooperate, but call Attorney911 first. We can advise you.

8. What if the other driver’s insurance contacts me?

Say: “I need to speak with my attorney first.” Give only basic information (name, date of accident). Do NOT give a recorded statement. Do NOT discuss injuries or fault.

9. Do I have to accept the insurance company’s estimate?

No. Their estimate is just an offer. It’s usually far below actual value. Attorney911 fights for what your case is really worth.

10. Should I accept a quick settlement offer?

NEVER accept a settlement before knowing the full extent of your injuries. Once you sign a release, you cannot get more money even if you need surgery later.

11. What if the other driver is uninsured or underinsured?

Your own UM/UIM coverage can compensate you. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8

12. Why does insurance want me to sign a medical authorization?

They want unlimited access to your ENTIRE medical history to find pre-existing conditions to use against you. Never sign without attorney review.

Legal Process

13. Do I have a personal injury case?

You may have a case if:

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

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

14. When should I hire a car accident lawyer in Austin?

Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911 at 1-888-ATTY-911.

15. How much time do I have to file (statute of limitations)?

In Texas: 2 years from the date of the accident for personal injury, 2 years from the date of death for wrongful death. Miss it = case barred forever.

16. What is comparative negligence and how does it affect me?

Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (reduced by your fault %). If 51%+ at fault, you get nothing.

Watch our video: “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4

17. What happens if I was partially at fault?

You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.

18. Will my case go to trial?

Most cases settle before trial. But Attorney911 prepares every case AS IF it’s going to trial. That’s what gives us leverage.

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

19. How long will my case take to settle?

Depends on injury severity. We don’t settle until you’ve reached maximum medical improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.

20. What is the legal process step-by-step?

Investigation and evidence gathering
Medical treatment to MMI
Demand letter to insurance
Negotiation
Lawsuit if necessary
Discovery
Mediation
Trial if needed

Watch our video: “What Is the Process for a Personal Injury Claim?” at https://www.youtube.com/watch?v=XwzYymneDVs

Compensation

21. What is my case worth?

Depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, insurance available. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).

22. What types of damages can I recover?

Medical expenses (past and future)
Lost wages and earning capacity
Pain and suffering
Mental anguish
Physical impairment
Disfigurement
Loss of enjoyment of life
Property damage

23. Can I get compensation for pain and suffering?

Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is NO CAP on pain and suffering (except medical malpractice).

24. What if I have a pre-existing condition?

You can still recover if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule.

25. Will I have to pay taxes on my settlement?

Generally, compensation for physical injuries is NOT taxable. Punitive damages ARE taxable. Consult a tax professional.

26. How is the value of my claim determined?

Based on: medical bills, future treatment costs, lost income, permanent impairment rating, comparable verdicts, severity of injuries, impact on daily life.

Attorney Relationship

27. How much do car accident lawyers cost in Austin?

Attorney911 works on contingency: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.

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

28. What does “no fee unless we win” mean?

You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.

29. How often will I get updates?

Attorney911 provides regular updates. As client Dame Haskett said: “Consistent communication and not one time did i call and not get a clear answer.”

30. Who will actually handle my case?

At Attorney911, you work directly with Ralph Manginello and Lupe Peña, not just paralegals. As Chad Harris said: “You are NOT just some client…You are FAMILY to them.”

31. What if I already hired another attorney?

You can switch. As client Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”

Mistakes to Avoid

32. What common mistakes can hurt my case?

Giving a recorded statement without an attorney
Accepting a quick settlement
Delaying medical treatment
Gaps in treatment
Posting on social media
Signing releases or authorizations
Not documenting everything

Watch our video: “Client Mistakes That Can Ruin Your Case” at https://www.youtube.com/watch?v=r3IYsoxOSxY

33. Should I post about my accident on social media?

NO. Make all profiles private. Don’t post about the accident, injuries, or activities. Insurance monitors everything.

34. Why shouldn’t I sign anything without a lawyer?

Releases are PERMANENT. Medical authorizations give unlimited access. Settlement offers are binding. Once signed, you can’t undo it.

35. What if I didn’t see a doctor right away?

See one NOW. Explain you didn’t realize the severity of your injuries. Delayed symptoms are common. We can still help.

Additional Common Questions

36. What if I have a pre-existing condition?

You can still recover. If the accident AGGRAVATED your pre-existing condition, you’re entitled to compensation for the aggravation. The “eggshell plaintiff” rule means the defendant takes you as they find you. For example: You had mild occasional back pain. 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 prove the difference. Lupe knows how insurance attacks pre-existing conditions because he used this defense for years.

37. Can I switch attorneys if I’m unhappy with my current lawyer?

YES. You can fire your attorney at any time. If your attorney isn’t communicating, isn’t fighting for you, or is pushing you to settle cheap, you have the right to switch. Attorney911 has taken over many cases from other attorneys. As Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” Call 1-888-ATTY-911 to discuss switching.

38. What if the insurance company is my own insurance (UM/UIM claim)?

Uninsured/Underinsured Motorist claims are against YOUR insurance when the other driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation. Texas allows inter-policy stacking (combining multiple UM policies). Lupe’s insurance knowledge is critical for maximizing UM/UIM recovery.

39. How do you calculate pain and suffering?

Most commonly using the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering. The multiplier depends on: injury severity, permanency, impact on life, clear liability. For example: $100,000 medical × 4 multiplier = $400,000 pain and suffering. Lupe 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 notice within 6 months (much shorter than the 2-year statute of limitations). Sovereign immunity protects government entities, and damage caps may apply. These cases are complex – you need an experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately – the 6-month deadline is strict.

41. What if the other driver fled the scene (hit and run)?

File a police report immediately (hit and run is a criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is CRITICAL – gas stations, businesses, Ring doorbells, and traffic cameras may have captured the accident. Most footage is deleted within 7-30 days, so we send preservation letters immediately. Texas allows UM stacking. We’ve recovered substantial settlements in hit and run cases through UM claims.

42. What if I’m an undocumented immigrant – can I still file a claim?

YES. Your immigration status does NOT affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses. Lupe is fluent in Spanish. Call 1-888-ATTY-911 – we protect your rights and your privacy.

43. What if the accident happened in a parking lot?

Parking lot accidents are fully compensable. Insurance companies often argue “parking lot accidents are always 50/50 fault” – this is a LIE. We prove fault through: surveillance video, witness statements, damage analysis, and traffic patterns. Texas comparative negligence rules apply. We’ve won many parking lot cases with clear liability findings.

44. What if I was a passenger in the at-fault vehicle?

You can sue the driver even if you were riding with them (friend, family member, Uber driver). You’re an innocent victim. The driver’s insurance covers passengers. 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 death doesn’t eliminate liability. The insurance policy still applies. The estate may have assets. Wrongful death laws protect both sides. These cases are emotionally complex but legally straightforward. We handle them with sensitivity while protecting your rights.

Austin-Specific Accident Resources

Local Hospitals and Trauma Centers:

Dell Seton Medical Center at The University of Texas (Level I Trauma Center)
1500 Red River St, Austin, TX 78701
Ascension Seton Medical Center Austin (Level II Trauma Center)
1201 W 38th St, Austin, TX 78705
St. David’s Medical Center
919 E 32nd St, Austin, TX 78705
St. David’s South Austin Medical Center
901 W Ben White Blvd, Austin, TX 78704
North Austin Medical Center
12221 N Mopac Expy, Austin, TX 78758

Law Enforcement Agencies:

Austin Police Department
715 E 8th St, Austin, TX 78701
Non-emergency: (512) 974-5000
Travis County Sheriff’s Office
5555 Airport Blvd, Austin, TX 78751
Non-emergency: (512) 854-9770
Texas Department of Public Safety (DPS)
Various locations throughout Travis County

Dangerous Austin Intersections and Roads:

I-35 Corridor – Multiple fatal accidents annually, especially near downtown exits
MoPac Expressway (Loop 1) – High-speed merging, frequent rear-end collisions
US-183 (Research Blvd) – Heavy tech corridor traffic, distracted driving
SH 71 (Ben White Blvd) – Dangerous curves near the airport
Guadalupe Street (The Drag) – Heavy pedestrian traffic near UT campus
Lamar Blvd & 15th Street – High accident intersection
Congress Avenue & 5th Street – Downtown congestion, pedestrian accidents
6th Street & Red River – Nightlife area, drunk driving accidents
Rainey Street District – Pedestrian accidents in bar district

Austin-Specific Accident Factors:

UT Austin Game Days – Increased traffic, alcohol-related accidents
SXSW and ACL Fest – Major events bring out-of-town drivers unfamiliar with roads
Construction Zones – I-35 expansion, MoPac improvements, SH 130 work
Scooter and Bike Traffic – Increased micromobility accidents
Rideshare Density – Uber/Lyft accidents in downtown and Domain areas
Truck Traffic – I-35 is a major trucking corridor
Nightlife Areas – 6th Street, Rainey Street, Dirty Sixth – drunk driving accidents

Call Attorney911 Now: 1-888-ATTY-911

If you’ve been injured in a motor vehicle accident in Austin, Travis County, or anywhere in Central Texas, don’t wait. 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 your free consultation.

We’re available 24/7 to take your call. Remember:

Free consultation – no obligation
No fee unless we win your case
We advance all case costs
Hablamos Español
We know the Austin courts and insurance companies
We fight for maximum compensation

Don’t let insurance companies take advantage of you. Call Attorney911 – your legal emergency response team in Austin.

“They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.” – Glenda Walker, Austin client

Serving Austin, Travis County, Round Rock, Pflugerville, Georgetown, Cedar Park, Leander, Lakeway, Westlake, Bee Cave, Manor, Bastrop, Hays County, Williamson County, and throughout Central Texas.