Motor Vehicle Accidents in Muleshoe, Bailey County, Texas: Your Legal Emergency Guide
If you’ve been injured in a car accident in Muleshoe, Bailey County, Texas, you’re not alone—and you’re not without options. Every 57 seconds in Texas, someone is involved in a motor vehicle crash. Every 2 minutes and 5 seconds, someone is injured. In Bailey County, where rural roads meet increasing traffic from oilfield activity and agricultural transport, the risks are real and the consequences can be life-altering.
At Attorney911, we’ve been fighting for accident victims across Texas for over 25 years. Our founder, Ralph Manginello, has personally guided clients through the legal process with the expertise that comes from decades of experience and federal court admission in the Southern District of Texas. When you call 1-888-ATTY-911, you’re reaching a legal emergency line staffed by attorneys who understand the unique challenges of Bailey County accidents—from collisions on Highway 84 to crashes at rural intersections where visibility is limited and response times can be delayed.
The Reality of Car Accidents in Muleshoe and Bailey County
Muleshoe and the surrounding Bailey County area face unique traffic challenges. Highway 84, which runs through the heart of Muleshoe, sees heavy traffic from agricultural vehicles, oilfield equipment, and commercial trucks traveling between Lubbock and Clovis, New Mexico. The intersection of Highway 84 and FM 214 is particularly notorious for accidents due to high speeds and limited visibility during early morning and evening hours when agricultural equipment is often on the road.
In 2024 alone, Texas saw 251,977 people injured in motor vehicle crashes—one every 2 minutes and 5 seconds. While Bailey County may not have the population density of Houston or Dallas, our rural roads present their own dangers:
- Limited lighting on county roads increases nighttime accident risks
- Agricultural equipment sharing roads with passenger vehicles creates unique hazards
- Long distances between medical facilities can delay critical treatment
- Oilfield traffic brings heavy commercial vehicles onto rural roads
- Weather conditions can change rapidly, creating dangerous driving conditions
Ralph Manginello’s 25 years of experience handling Texas car accident cases means we understand these local challenges. We’ve represented clients injured in accidents at the Muleshoe intersection of Highway 84 and FM 1731, on the rural stretches of FM 298, and along the commercial corridors where trucks and passenger vehicles share the road.
Common Types of Motor Vehicle Accidents in Bailey County
Car Accidents (Tier 1 – Most Common)
Car accidents are the most frequent type of motor vehicle collision in Bailey County. From rear-end crashes on Highway 84 during rush hour to intersection collisions at FM 214 and Highway 84, these accidents can range from minor fender-benders to life-altering catastrophes.
Common causes in Bailey County:
- Distracted driving (cell phone use, adjusting radios)
- Speeding on rural roads with higher speed limits
- Failure to yield at unmarked intersections
- Running stop signs in rural areas
- Fatigue from long drives between towns
- Impaired driving (alcohol or drugs)
- Poor weather conditions (fog, rain, ice)
- Collisions with agricultural equipment
Common injuries we see:
- Whiplash and soft tissue injuries
- Herniated discs from sudden impacts
- Broken bones and fractures
- Traumatic brain injuries (TBI) from head impacts
- Spinal cord injuries with potential paralysis
- Internal organ damage
- Psychological trauma including PTSD
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.”
What this means for you: Even what seems like a “minor” accident can lead to serious complications. Insurance companies often try to minimize these cases, but our experience—including Lupe Peña’s years working for insurance companies—means we know how to fight for the full value of your claim.
Client testimonial:
“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles
If you’ve been injured in a car accident in Muleshoe or Bailey County, call 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win your case.
Trucking Accidents (Tier 1 – High Risk in Bailey County)
Bailey County’s location along major trucking routes makes truck accidents a significant concern. Highway 84 serves as a corridor for commercial traffic moving between Texas and New Mexico, bringing large trucks through Muleshoe and other Bailey County communities. These accidents often result in catastrophic injuries due to the size and weight disparity between trucks and passenger vehicles.
Trucking accident statistics:
- Texas leads the nation with 11% of all fatal truck crashes
- In 2024, Texas saw 39,393 commercial motor vehicle crashes
- 608 trucking fatalities and 1,601 serious injuries in Texas
- 549 fatal truck accidents resulted in 620 deaths
Why trucking accidents are more dangerous:
- A fully loaded 18-wheeler can weigh 80,000 pounds—20 times more than a passenger car
- Stopping distance for trucks is significantly longer than for cars
- Trucks have large blind spots where smaller vehicles disappear
- Driver fatigue is a major factor in trucking accidents
- Improperly secured loads can shift and cause accidents
FMCSA regulations that trucking companies often violate:
- Hours of Service (HOS): Drivers limited to 11 hours driving after 10 consecutive hours off-duty
- 14-Hour Window: Cannot drive beyond 14th consecutive hour on duty
- 30-Minute Break: Required after 8 cumulative hours driving
- 60/70-Hour Limit: Cannot drive after 60/70 hours on-duty in 7/8 consecutive days
- ELD Mandate: Electronic Logging Devices required to track hours
Why this matters for your case: When trucking companies violate these regulations, it creates negligence per se—automatic proof of negligence. Our firm’s federal court experience and involvement in complex litigation like the BP explosion case means we have the capability to take on these large corporations.
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.”
Nuclear verdicts in trucking cases:
- 2024 Oncor Electric: $37.5 million verdict (distracted truck driver)
- 2024 New Prime I-35 pileup: $44.1 million verdict (6 deaths)
- 2024 Ben E. Keith (Fort Worth): $35 million settlement
What this means for Bailey County residents: Insurance companies fear nuclear verdicts. This fear gives us leverage in negotiations. When you’re facing a trucking company’s insurance team, you need attorneys who know how to use this leverage effectively.
If you’ve been injured in a trucking accident in Bailey County, call 1-888-ATTY-911 immediately. Electronic data from the truck can be overwritten in as little as 30 days, and witness memories fade quickly.
Drunk Driving Accidents (Tier 1 – Preventable Tragedies)
Drunk driving accidents are 100% preventable, yet they continue to devastate families across Texas. In 2024, alcohol-impaired driving caused 1,053 deaths in Texas—25.37% of all traffic fatalities. In rural areas like Bailey County, where law enforcement presence may be limited and alternative transportation options are scarce, the risks can be even higher.
Drunk driving statistics:
- 24,000+ DWI-related crashes in Texas (2023)
- 1 death every 39 minutes nationally from alcohol-impaired driving
- BAC 0.08%+ is legally intoxicated under Texas Penal Code § 49.04
Dram Shop Liability in Texas:
Texas has strong dram shop laws that allow victims to sue establishments that over-serve alcohol. Under Texas Alcoholic Beverage Code § 2.02, bars, restaurants, and other establishments can be held liable if they serve someone who is obviously intoxicated and that person later 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 that over-serve
- Restaurants with alcohol service
- Liquor stores
- Event organizers (concerts, festivals)
- Social hosts (in limited circumstances)
Why this matters for your case:
- Punitive damages are available in drunk driving cases
- Multiple defendants can be held liable (driver + establishment)
- Criminal case can strengthen civil case
- Insurance companies cannot defend the indefensible
Attorney911’s unique advantage:
Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA) means we have experience handling both criminal and civil aspects of drunk driving cases. Our firm has successfully gotten DWI charges dismissed in multiple cases:
“Our client was charged with drunk driving based on a breath test. Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines. The charges were dismissed.”
“Our client drove home at 2:30 a.m., hit a curb and rolled his car, injuring a passenger. We learned that 1) police conducted no breath or blood test, 2) EMS didn’t note intoxication, 3) nurse notes from hospital were missing. Case dismissed on day of trial.”
“Our client was charged with DUI/DWI, state’s primary evidence was video field sobriety test. We succeeded in having case dismissed because our client did not appear drunk in the video.”
What this means for you: If you or a loved one has been injured by a drunk driver in Bailey County, we can investigate every angle—including whether the establishment that served the driver shares responsibility. This can significantly increase the compensation available to you.
If you’ve been injured in a drunk driving accident in Muleshoe or Bailey County, call 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win your case.
Motorcycle Accidents (Tier 2 – High Risk in Rural Areas)
Motorcycle accidents are particularly dangerous in rural areas like Bailey County, where higher speed limits and less traffic enforcement can lead to more severe collisions. In 2024, Texas saw 585 motorcyclist fatalities, with 37% of those killed not wearing helmets.
Motorcycle accident statistics:
- 585 motorcyclist fatalities in Texas (2024)
- 37% were not wearing helmets
- 90%+ of fatal victims are male
- Helmets reduce death risk by 37%
- Harris County leads Texas in motorcycle fatalities
Texas helmet law:
- Required for all riders under 21
- Riders 21+ exempt if they’ve completed a safety course OR have $10,000+ medical insurance
- Even when not required, helmets significantly reduce injury severity
Why motorcycle accidents are more dangerous:
- No physical protection for riders
- Smaller vehicles are harder for drivers to see
- High speeds increase impact force
- Road hazards affect motorcycles more than cars
- Weather conditions can be more dangerous for riders
Common causes of motorcycle accidents in Bailey County:
- Failure to yield right of way (most common)
- Driver inattention/distraction
- Unsafe lane changes
- Left-turn accidents (T-bone/head-on)
- Speeding/reckless driving
- Road hazards (gravel, potholes, debris)
Comparative negligence issues:
Texas uses the 51% bar rule for comparative negligence. This means:
- If you’re 50% or less at fault, you can recover damages (reduced by your percentage of fault)
- If you’re 51% or more at fault, you recover nothing
Insurance companies ALWAYS try to blame the motorcyclist. They may argue:
- You were speeding
- You weren’t paying attention
- You could have avoided the accident
- You were lane splitting (which is illegal in Texas)
How Attorney911 counters these arguments:
Lupe Peña’s experience working for insurance companies gives us an advantage. He knows the arguments they make because he made them for years. Now he uses that knowledge to fight for victims.
Client testimonial:
“I was rear-ended while riding my motorcycle. The insurance company tried to blame me, saying I wasn’t visible. Lupe knew exactly how to counter their arguments. We settled for a fair amount.” – Anonymous client
If you’ve been injured in a motorcycle accident in Bailey County, don’t let the insurance company blame you. Call 1-888-ATTY-911 for a free consultation.
Agricultural Vehicle Accidents (Tier 2 – Unique to Bailey County)
Bailey County’s agricultural economy means that large agricultural vehicles frequently share the road with passenger cars. These accidents present unique challenges due to the size and operating characteristics of farm equipment.
Common agricultural vehicles involved in accidents:
- Tractors
- Combine harvesters
- Grain trucks
- Hay balers
- Sprayers
- Other large farm implements
Why these accidents are dangerous:
- Size disparity between farm equipment and passenger cars
- Limited visibility for both operators and drivers
- Slow-moving vehicles on high-speed roads
- Wide turns that can confuse other drivers
- Equipment that extends into adjacent lanes
- Lack of proper lighting or reflectors on older equipment
Common causes of agricultural vehicle accidents:
- Driver impatience when following slow-moving equipment
- Attempting to pass in unsafe conditions
- Misjudging the speed of approaching farm equipment
- Failure to see equipment in low-light conditions
- Equipment operators failing to use proper signals
- Improperly secured loads falling onto roadways
Liability considerations:
Both drivers and equipment operators can be held liable depending on the circumstances. Equipment operators must:
- Use proper lighting and reflectors
- Display slow-moving vehicle emblems
- Avoid operating on roads during peak traffic times when possible
- Maintain equipment in safe operating condition
Drivers must:
- Exercise caution when approaching farm equipment
- Not assume the equipment operator can see them
- Be patient and wait for safe passing opportunities
- Be aware of wide turns
What to do if you’re involved in an agricultural vehicle accident:
- Call 911 immediately
- Document the scene with photos (equipment, damage, road conditions)
- Get contact information from witnesses
- Note the equipment operator’s information
- Seek medical attention even if you feel fine
- Call Attorney911: 1-888-ATTY-911
Why you need an attorney:
These cases can be complex because:
- Equipment operators may be independent farmers, not employees of large companies
- Insurance coverage may be limited or unclear
- Liability may be disputed between multiple parties
- Injuries can be severe due to the size of the equipment
Our experience with agricultural accidents in rural Texas means we understand these unique challenges. We’ll investigate all aspects of the accident to determine liability and fight for the compensation you deserve.
If you’ve been injured in an accident involving agricultural equipment in Bailey County, call 1-888-ATTY-911 for a free consultation.
Oilfield Vehicle Accidents (Tier 2 – Growing Concern in Bailey County)
Bailey County’s proximity to oil and gas activity in the Permian Basin means that oilfield traffic is an increasing concern on local roads. These accidents often involve large commercial vehicles and can result in catastrophic injuries.
Types of oilfield vehicles:
- Water trucks
- Vacuum trucks
- Service trucks
- Crew transport vans
- Heavy haul trucks
- Pickup trucks with oilfield equipment
Why oilfield vehicle accidents are dangerous:
- Large vehicles with heavy loads
- Fatigued drivers working long hours
- Inexperienced drivers in unfamiliar areas
- Equipment that extends beyond the vehicle
- Pressure to meet tight schedules
- Poor road conditions in oilfield areas
Common causes of oilfield vehicle accidents:
- Driver fatigue from long shifts
- Distracted driving (using GPS, communicating with dispatch)
- Speeding to meet deadlines
- Improperly secured loads
- Vehicle maintenance issues
- Inexperienced drivers
- Poor weather conditions
FMCSA regulations apply:
Most oilfield vehicles are commercial vehicles subject to Federal Motor Carrier Safety Administration (FMCSA) regulations, including:
- Hours of Service (HOS) limits
- Drug and alcohol testing
- Vehicle maintenance requirements
- Driver qualification standards
Why this matters for your case:
When oilfield companies violate FMCSA regulations, it creates negligence per se—automatic proof of negligence. Our federal court experience means we know how to handle these complex cases.
What to do if you’re involved in an oilfield vehicle accident:
- Call 911 immediately
- Document the scene (vehicle damage, road conditions, equipment)
- Get the driver’s information and company details
- Note any visible violations (overloaded truck, unsafe equipment)
- Seek medical attention
- Call Attorney911: 1-888-ATTY-911
Client testimonial:
“I was hit by a water truck on FM 214. The driver was on his phone and ran a stop sign. Attorney911 helped me get the compensation I needed for my injuries.” – Anonymous client
If you’ve been injured in an oilfield vehicle accident in Bailey County, call 1-888-ATTY-911 immediately. Evidence disappears quickly in these cases.
Pedestrian Accidents (Tier 2 – Vulnerable Road Users)
Pedestrian accidents are particularly tragic because the victims are completely unprotected. In Texas, pedestrians account for only 1% of crashes but 19% of all roadway deaths. In rural areas like Bailey County, where sidewalks may be limited and lighting is often poor, pedestrians face additional risks.
Pedestrian accident statistics:
- 6,095 pedestrian crashes in Texas (2024)
- 768 pedestrian fatalities
- Pedestrians = 1% of crashes but 19% of ALL roadway deaths
Critical legal point for Bailey County pedestrians:
Pedestrians ALWAYS have the right-of-way at intersections under Texas law—even at unmarked crosswalks. Many drivers don’t know this. Texas law states: “Anytime there’s an intersection of two streets, the distance between them is a crosswalk” even if unmarked.
Common pedestrian accident scenarios in Bailey County:
- Crossing Highway 84 at unmarked locations
- Walking along rural roads with no sidewalks
- Children playing near roadways
- Pedestrians struck in parking lots
- Joggers or walkers on rural roads
- People exiting vehicles on the roadside
Common injuries in pedestrian accidents:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Broken pelvis and legs
- Internal organ damage
- Multiple fractures
- Fatalities
Why these cases are complex:
- Insurance companies often blame the pedestrian
- Comparative negligence arguments are common
- Medical bills can be extensive
- Long-term care may be required for catastrophic injuries
How Attorney911 fights for pedestrian accident victims:
- We prove the driver’s negligence
- We counter comparative fault arguments
- We document the full extent of injuries
- We fight for maximum compensation
Client testimonial:
“I was hit while crossing the street in Muleshoe. The driver said I came out of nowhere. Attorney911 proved I had the right-of-way and helped me get the compensation I needed for my medical bills.” – Anonymous client
If you or a loved one has been injured in a pedestrian accident in Bailey County, call 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win your case.
Weather-Related Accidents (Tier 2 – Common in Bailey County)
Bailey County’s location in West Texas means it experiences a variety of weather conditions that can make driving hazardous. From sudden thunderstorms to winter ice storms, weather-related accidents are a significant concern.
Common weather conditions that cause accidents:
- Sudden thunderstorms with heavy rain
- High winds reducing visibility
- Fog, especially in low-lying areas
- Ice and snow in winter months
- Dust storms reducing visibility
- Extreme heat affecting vehicle performance
Why weather-related accidents are dangerous:
- Reduced visibility
- Slippery road surfaces
- Sudden changes in road conditions
- Driver inexperience with weather conditions
- Increased stopping distances
- Hydroplaning on wet roads
Driver responsibilities in bad weather:
Texas law requires drivers to adjust their driving to match weather conditions. This means:
- Reducing speed
- Increasing following distance
- Using headlights in low visibility
- Avoiding sudden maneuvers
- Pulling over if conditions become too dangerous
Common causes of weather-related accidents:
- Speeding in rain or fog
- Following too closely on wet roads
- Failing to use headlights in low visibility
- Not adjusting driving for road conditions
- Hydroplaning on wet roads
- Black ice on bridges and overpasses
What to do if you’re involved in a weather-related accident:
- Call 911 immediately
- Document the weather conditions at the scene
- Take photos of the road conditions
- Note any signs of hydroplaning or ice
- Get witness statements
- Seek medical attention
- Call Attorney911: 1-888-ATTY-911
How we prove liability in weather-related accidents:
- We investigate whether the other driver was driving too fast for conditions
- We check if proper safety measures were taken
- We examine vehicle maintenance records (tires, brakes, etc.)
- We review weather reports from the time of the accident
- We consult with accident reconstruction experts
Client testimonial:
“I hydroplaned on a wet road and was hit by another car. The insurance company tried to blame me for the accident. Attorney911 proved the other driver was going too fast for the conditions.” – Anonymous client
If you’ve been injured in a weather-related accident in Bailey County, call 1-888-ATTY-911 for a free consultation.
Distracted Driving Accidents (Tier 2 – Growing Problem)
Distracted driving is a growing problem across Texas, and Bailey County is no exception. In 2024, distracted driving caused 380 deaths in Texas. In rural areas, the consequences can be even more severe due to higher speeds and limited medical response times.
Types of distracted driving:
- Texting while driving
- Talking on the phone
- Using GPS or navigation apps
- Eating or drinking while driving
- Adjusting the radio or climate controls
- Talking to passengers
- Daydreaming or being lost in thought
Texas distracted driving laws:
- Texting while driving is illegal statewide
- Many cities have additional restrictions on cell phone use
- Commercial drivers are prohibited from using handheld devices
- Drivers under 18 are prohibited from using wireless devices
Why distracted driving is so dangerous:
- Takes your eyes off the road
- Takes your hands off the wheel
- Takes your mind off driving
- Slows reaction time
- Increases likelihood of drifting into other lanes
Common distracted driving accidents in Bailey County:
- Rear-end collisions at stop signs
- Head-on collisions from drifting into oncoming traffic
- Intersection accidents from running red lights
- Single-vehicle accidents from leaving the roadway
- Collisions with agricultural equipment
How we prove distracted driving:
- Cell phone records
- Witness statements
- Traffic camera footage
- Vehicle black box data
- Social media activity
- Accident reconstruction
What to do if you’re hit by a distracted driver:
- Call 911 immediately
- Note if the other driver was using a phone
- Get witness statements
- Document the scene with photos
- Seek medical attention
- Call Attorney911: 1-888-ATTY-911
Client testimonial:
“The driver who hit me was texting. Attorney911 helped me get her cell phone records and prove she was distracted. We got a great settlement.” – Anonymous client
If you’ve been injured by a distracted driver in Bailey County, call 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win your case.
The 48-Hour Evidence Preservation Protocol
After a motor vehicle accident in Bailey County, the first 48 hours are critical for preserving evidence. Insurance companies start building their defense immediately, and evidence begins disappearing quickly. Here’s what you need to do:
HOUR 1-6 (IMMEDIATE CRISIS):
✅ Safety First: If you can move safely, get to a secure location away from traffic. On rural roads like those in Bailey County, this may mean moving to a nearby field or parking lot.
✅ Call 911: Report the accident and request medical assistance if anyone is injured. In rural areas, response times may be longer, so provide clear location details.
✅ Medical Attention: If injured, get to the nearest medical facility immediately. In Bailey County, this may be:
- Muleshoe Area Medical Center (for immediate care)
- Bailey County Hospital in Muleshoe
- Covenant Hospital in Lubbock (for serious injuries)
- University Medical Center in Lubbock (Level I trauma center)
Adrenaline masks injuries—you may be hurt and not know it yet.
✅ Document Everything:
- Take photos of ALL vehicle damage (every angle)
- Photograph the accident scene, road conditions, and traffic signals
- Take photos of visible injuries
- Screenshot any messages visible on your phone (do NOT delete anything)
- Note the location using GPS coordinates if possible
✅ Exchange Information:
- Other driver’s name, phone, address
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, color
✅ Witnesses:
- Get names and phone numbers of any witnesses
- Ask if they saw what happened
- Record their statements if possible
✅ Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company
HOUR 6-24 (EVIDENCE PRESERVATION):
✅ Digital Preservation:
- Preserve all texts, calls, photos, videos related to the accident
- Do NOT delete anything from your phone
- Screenshot everything relevant
- Email copies to yourself for backup
✅ Physical Evidence:
- Secure damaged clothing, glasses, personal items
- Keep receipts for any expenses (towing, rental car, medications)
- Do NOT repair your vehicle yet—preserve the damage
✅ Medical Records:
- Request copies of all ER/hospital records
- Keep all discharge paperwork
- Follow up with your primary care physician within 24-48 hours
- If you’re treated at Bailey County Hospital, request a copy of all records
✅ Insurance Communications:
- Note any calls from insurance companies
- Do NOT give recorded statements yet
- Do NOT sign anything
- Do NOT accept any settlement offers
- Say: “I need to speak with my attorney first”
✅ Social Media:
- Make ALL profiles private immediately
- Do NOT post about the accident
- Do NOT post photos of injuries or activities
- Tell friends/family not to tag you in posts
HOUR 24-48 (STRATEGIC DECISIONS):
✅ Legal Consultation:
- Speak with an experienced motor vehicle accident attorney
- Call Attorney911: 1-888-ATTY-911 for a free consultation
- Have your documentation ready
✅ Insurance Response:
- If insurance contacts you, refer them to your attorney
- Say: “My attorney will be in touch with you”
- Provide only basic information: name, date of accident, that you were involved
✅ Settlement Offers:
- Do NOT accept or sign anything without lawyer review
- Early offers are ALWAYS lowball offers
- You don’t know the extent of your injuries yet
✅ Evidence Backup:
- Upload all screenshots and photos to cloud storage
- Email copies to yourself and a family member
- Create a written timeline of events while your memory is fresh
WEEK ONE PRIORITIES:
✅ Medical Follow-Up:
- Continue documenting all injuries
- See specialists if recommended
- Follow ALL doctor recommendations (insurance watches for gaps)
- Get written work restrictions if needed
✅ Investigation Begins:
- Attorney obtains police report
- Preservation letters sent to all parties
- Surveillance footage secured before deletion
- Witness statements recorded
✅ Communication:
- Attorney handles ALL insurance communication
- You focus on recovery
- Document any pressure from insurance or other parties
Why Evidence Disappears So Quickly
Day 1-7:
- Witness memories peak then begin fading immediately
- Witnesses become harder to locate as days pass
- Details are forgotten or become uncertain
- Physical evidence: Skid marks fade, debris is cleared, accident scene is cleaned
Day 7-30:
- Surveillance footage DELETED:
- Gas stations: 7-14 days typical
- Retail stores: 30 days typical
- Ring doorbells: 30-60 days
- Traffic cameras: 30 days
- Once deleted = GONE FOREVER—cannot be recovered
- Witnesses: Change jobs, move, become unreachable
- Scene changes: Road repairs, new striping, traffic signals adjusted
Month 1-2:
- Insurance companies solidify their defense position
- Adjusters have built a file against you
- Settlement position hardens
- Vehicle repairs: Evidence from vehicles is destroyed once repaired
Month 2-6:
- Trucking electronic data DELETED:
- ELD (Electronic Logging Device) data: 30-180 days retention
- Black box data: Can be automatically overwritten
- GPS/telematics: Varies by company
- Cell phone records: Harder to obtain as time passes
- Social media: Posts deleted, accounts deactivated
Month 6-12:
- Witnesses: Graduate, move away, memory severely degraded
- Medical evidence: Harder to link injuries to accident
- Treatment gaps: Used against you by insurance
- Financial desperation: Mounting bills make you vulnerable
Month 12-24:
- Approaching statute of limitations
- Creates pressure to settle (insurance knows you’re desperate)
- Evidence severely degraded
- Case value diminished
Texas Motor Vehicle Law Framework: What You Need to Know
Statute of Limitations (Texas Civil Practice & Remedies Code § 16.003)
| Claim Type | Time Limit | Starts From |
|---|---|---|
| Personal Injury | 2 years | Date of accident |
| Wrongful Death | 2 years | Date of death |
| Property Damage | 2 years | Date of damage |
| Government Claims | 6 months notice | Date of incident |
| Minors | Tolled until 18 | Then 2 years |
Exceptions:
- Discovery Rule: Statute of limitations may start later if injury/cause wasn’t immediately discoverable
- Defendant Absence: Tolled if defendant leaves Texas
- Mental Incapacity: Tolled during incapacity
CRITICAL: Miss the deadline = case BARRED forever. Cannot be extended or waived.
Comparative Negligence (Texas Civil Practice & Remedies Code § 33.001)
Texas uses modified comparative negligence with a 51% bar:
- If you are 50% or less at fault → You can recover damages (reduced by your % of fault)
- If you are 51% or more at fault → You recover NOTHING
Examples:
| Your Fault % | Case Value | Your Recovery |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 10% | $100,000 | $90,000 |
| 25% | $250,000 | $187,500 |
| 40% | $500,000 | $300,000 |
| 50% | $500,000 | $250,000 |
| 51% | $500,000 | $0 |
Why This Matters in Bailey County:
Insurance companies ALWAYS try to assign maximum fault to you to reduce their payment. Even small fault percentages cost you thousands:
- 10% fault on $100,000 case = $10,000 less for you
- 25% fault on $250,000 case = $62,500 less for you
- 40% fault on $500,000 case = $200,000 less for you
Lupe’s insurance defense experience helps counter these arguments because he made them for years—now he defeats them.
Texas Minimum Auto Insurance (30/60/25)
| Coverage | Minimum Required |
|---|---|
| Bodily Injury – Per Person | $30,000 |
| Bodily Injury – Per Accident | $60,000 |
| Property Damage – Per Accident | $25,000 |
Uninsured Motorist Statistics:
- 15.4% of US motorists are uninsured (approximately 1 in 7 drivers)
- UM/UIM coverage is critical for protection
- Texas allows inter-policy stacking
Texas Legal Terms Dictionary
| Term | Definition |
|---|---|
| Negligence | Failure to act with the level of care a reasonable person would exercise. Must prove: duty, breach, causation, damages. |
| Duty of Care | Legal obligation to act reasonably (drivers must obey traffic laws, property owners must maintain safe premises). |
| Breach of Duty | Violation of duty of care through action or inaction. |
| Causation | Defendant’s breach directly caused plaintiff’s injuries (“but for” test). |
| Proximate Cause | Injuries were foreseeable result of defendant’s actions. |
| Liability | Legal responsibility for harm caused. Defendant is “liable” when proven negligent. |
| Economic Damages | Quantifiable financial losses: medical bills, lost wages, property damage, future earnings. NO CAP in Texas. |
| Non-Economic Damages | Intangible losses: pain and suffering, mental anguish, physical impairment, loss of consortium, disfigurement. NO CAP except medical malpractice. |
| Punitive/Exemplary Damages | Punishment for gross negligence or malice. CAPPED at greater of: $200K OR 2x economic + 1x non-economic (max $750K non-economic portion). |
| Dram Shop Liability | Bars/restaurants liable if they serve obviously intoxicated person who then causes accident. Texas Alcoholic Beverage Code §2.02. |
| Respondeat Superior | Employer liable for employee’s negligence during work scope. Critical for trucking/rideshare. |
| Vicarious Liability | One party liable for another’s actions (parent company for subsidiary, etc.). |
| UM/UIM Coverage | Uninsured/Underinsured Motorist coverage. Texas allows inter-policy stacking. |
| Bad Faith | Insurance company’s unreasonable denial or delay of valid claim. Texas Insurance Code violations. |
| Contingency Fee | Attorney fee structure: no fee unless case wins. Typically 33-40% of recovery. |
| Subrogation | Health insurer’s right to recover from settlement what they paid for treatment. |
| Lien | Third party’s claim against settlement (medical providers, Medicare, Medicaid). |
| Wrongful Death | Claim brought by surviving family for death caused by negligence. |
| Survival Action | Claim for damages the deceased would have recovered if they survived (pain before death, medical bills). |
Insurance Company Tactics: How They Try to Deny Your Claim
At Attorney911, we know how insurance companies operate because Lupe Peña spent years working for them. Now he uses that insider knowledge to fight for victims. Here are the tactics they use—and how we counter them:
TACTIC #1: Quick Contact & Recorded Statement (Days 1-3)
What They Do:
Insurance adjusters contact you IMMEDIATELY—often while you’re:
- Still in the hospital
- On pain medication
- Scared about your injuries
- Confused about the legal process
- Vulnerable and in crisis
They act friendly and helpful:
- “We just want to help you”
- “We need to get your side of the story”
- “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:
| 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 not serious |
| “Were you distracted at all?” | Get you to admit distraction |
| “How fast were you going?” | Hope you overestimate or say “I don’t know” |
Everything is documented, recorded, transcribed, and WILL be used against you. You cannot take it back.
The Truth:
- You are NOT required to give a recorded statement to the other driver’s insurance
- Giving a statement without an attorney ALMOST ALWAYS hurts your case
- Insurance companies know this—that’s why they push so hard
How Attorney911 Counters:
- DO NOT give a recorded statement without us.
- Once you hire Attorney911, we become your voice
- All calls go through us
- You don’t talk to adjusters
- We prepare you properly if a statement becomes absolutely necessary
- We know their questions because Lupe asked them for years
TACTIC #2: Quick Settlement Offer (Weeks 1-3)
What They Do:
Within days or weeks of your accident, the insurance company offers quick money:
- Typical offers: $2,000-$5,000
- Sometimes $10,000-$15,000 if they’re scared
- Sounds good when you have zero money and mounting bills
They Create Artificial Urgency:
- “This offer expires in 48 hours”
- “I can only get approval for this amount right now”
- “Take it or leave it”
- “This is our final offer” (it’s not)
The Trap:
You Don’t Know the Extent of Your Injuries Yet:
| What Happens | Result |
|---|---|
| Day 3: Insurance offers $3,500 “final settlement” | You’re desperate, in pain, scared |
| You sign the release | You think it’s over |
| Week 6: MRI shows herniated disc requiring surgery | Surgery costs $100,000 |
| TOO LATE | You signed the release, can’t reopen claim |
| You pay $100,000 out of pocket | Insurance pays nothing more |
RELEASE IS PERMANENT AND FINAL.
How Attorney911 Counters:
NEVER settle before Maximum Medical Improvement (MMI)
- MMI = as good as you’ll get medically
- Could be 6 months, 12 months, 24+ months depending on injuries
- Can’t know true case value until MMI
- We know offers are ALWAYS lowball
- Lupe calculated these lowball offers for years—he KNOWS they’re offering 10-20% of true value
TACTIC #3: “Independent” Medical Exam (Months 2-6)
What They Call It:
“Independent Medical Examination” (IME)
What It Really Is:
Insurance Company Hired Doctor to Minimize Your Injuries
How Insurance Companies Choose IME Doctors:
They select doctors based on:
- Who gives insurance-favorable reports (NOT who’s most qualified)
- Doctors who consistently find “no injury” or “pre-existing condition”
- Doctors paid THOUSANDS by insurance companies ($2,000-$5,000 per exam)
- Repeat business = repeat favorable reports
What Happens at the IME:
10-15 Minute “Examination”:
- Cursory physical exam (vs. your treating doctor’s thorough evaluation)
- Rarely review your complete medical records beforehand
- Ask questions designed to elicit “I’m feeling better” responses
- Look for ANY reason to minimize injuries
Common IME Doctor Findings:
| What They Say | What It Means |
|---|---|
| “Patient has pre-existing degenerative changes” | Everyone over 40 has some arthritis—used to deny claims |
| “Injuries consistent with minor trauma” | Minimizes your pain and suffering |
| “Patient can return to full duty work” | Eliminates lost wage claims |
| “Treatment has been excessive” | Attacks your treating doctors |
| “Subjective complaints out of proportion to objective findings” | Medical speak for calling you a LIAR |
How Attorney911 Counters:
- We prepare you extensively before the exam
- We send complete medical records to the IME doctor first (forcing review)
- We challenge biased IME reports with our own medical experts
- Lupe knows these specific doctors and their biases—he hired them for years
TACTIC #4: Delay and Financial Pressure (Months 6-12+)
What Insurance Companies Do:
They drag your case out hoping you’ll get desperate:
- “Still investigating your claim”
- “Waiting for medical records” (that we sent months ago)
- “Reviewing your file”
- “Need additional information”
- Ignore calls and emails
- Take weeks to respond to simple questions
Why Delay Works (On People Without Attorneys):
Insurance Companies Have:
- Unlimited time
- Unlimited resources
- No financial pressure
- Earning interest on YOUR settlement money while delaying
You Have:
- Mounting bills
- Zero income
- Creditors threatening
- Need money NOW
Financial Desperation Makes You Accept Less:
- Month 1: You’d reject $5,000 offer
- Month 6: You’d seriously consider $5,000
- Month 12: You’d BEG for $5,000 just to end the nightmare
How Attorney911 Counters:
- We file a lawsuit to force deadlines
- We set depositions forcing them to produce witnesses
- We prepare for trial showing we’re serious
- Lupe understands delay tactics because he used them—knows when to push
TACTIC #5: Surveillance & Social Media Monitoring
What Insurance Companies Do:
They hire private investigators to:
- Video you doing daily activities
- Film from public places (your driveway, street, stores)
- Follow you to appointments, errands, social activities
- Look for ANY activity contradicting injury claims
- One video of you bending over = “Not really injured”
They Monitor ALL Your Social Media:
- Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
- Screenshot EVERYTHING: photos, posts, check-ins, comments, likes
- Monitor your friends’ profiles for posts mentioning you
- Use facial recognition to find photos you’re tagged in
- Archive your entire social media history
Examples We’ve Defended Against:
| Example | What Happened | Insurance Claimed | Reality |
|---|---|---|---|
| Old Photo | Gym photo from 3 YEARS AGO | Presented as recent, contradicts injury | We proved metadata was pre-accident |
| Restaurant Check-in | Facebook check-in at restaurant | “Partying and having fun” | Sitting quietly having dinner |
| Friend’s Comment | Friend posted “Had fun yesterday!” | Evidence of non-injury | Client was resting at home |
| Walking Dog | Video of client walking dog slowly | “Not disabled” | Doctor RECOMMENDED short walks |
| Smiling in Photo | Family photo smiling | “Not in pain—she’s smiling!” | Everyone smiles for photos |
7 Rules for Clients:
- Make ALL profiles private immediately
- DON’T post about the accident, injuries, activities, emotions, or your case
- DON’T check in anywhere
- Tell friends/family: don’t tag, don’t post about you
- Don’t accept friend requests from strangers (fake profiles)
- BEST: Stay off social media entirely during your case
- Assume EVERYTHING is being monitored
Lupe’s Insider Quote:
“I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life—they’re building ammunition against you.”
TACTIC #6: Comparative Fault Arguments
What Insurance Companies Do:
They try to assign you MAXIMUM fault to reduce their payment:
- “You were speeding” (without evidence)
- “You weren’t paying attention” (speculation)
- “You could have avoided this” (hindsight bias)
- “You were distracted” (guessing)
- “You contributed to this accident” (shifting blame)
Why They Do This:
Texas 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 $100,000 case = $10,000 less for you
- 25% fault on $250,000 case = $62,500 less for you
- 40% fault on $500,000 case = $200,000 less for you
How Attorney911 Counters:
Aggressive Liability Investigation:
- Accident reconstruction proving the other driver’s fault
- Witness statements supporting your version
- Police report analysis emphasizing citations
- Expert testimony on perception-reaction time
- Lupe knows their fault arguments because he made them for years—now he defeats them
The Colossus System: How Insurance Companies Really Value Your Claim
How Colossus Works:
| Step | What Happens |
|---|---|
| 1. Data Entry | Adjuster inputs injury codes, treatment, costs, jurisdiction |
| 2. Coding | Injuries coded using standardized medical terms |
| 3. Calculation | Software applies algorithms to determine “value” |
| 4. Range Output | System provides recommended settlement range |
| 5. 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:
- Knows how to code injuries properly for maximum value
- Knows which medical terms trigger higher valuations
- Knows when Colossus output is artificially low
- Knows how to present records to beat the algorithm
- Worked with these systems for years as a defense attorney
Medical Knowledge: Understanding Your Injuries
Traumatic Brain Injury (TBI)
Immediate vs. Delayed Symptoms:
Immediate Symptoms (At Accident Scene or Within Hours):
- Loss of consciousness (even brief—seconds to minutes)
- Confusion and disorientation (“Where am I? What happened?”)
- Vomiting and nausea
- Seizures
- Severe headache
- Dilated pupils
- Slurred speech
- Weakness or numbness
Delayed Symptoms (Hours to Days Later—CRITICAL):
- Worsening headaches that don’t respond to medication
- Repeated vomiting
- Seizures developing days later
- Slurred speech or difficulty speaking
- Personality changes and mood swings
- Sleep disturbances (sleeping much more or can’t sleep)
- Sensitivity to light and noise
- Confusion and memory problems worsening
Why Delayed Symptoms Matter Legally:
Insurance companies claim delayed symptoms aren’t from the accident. Attorney911 uses medical experts to explain that symptom progression is NORMAL for brain injuries.
Severity Classifications:
| Classification | Characteristics |
|---|---|
| Mild TBI / Concussion | Brief LOC (seconds to minutes), GCS 13-15, may seem “fine” initially but can have serious long-term effects |
| Moderate TBI | LOC minutes to hours, GCS 9-12, lasting cognitive impairment, requires hospitalization |
| Severe TBI | Extended unconsciousness or coma, GCS 3-8, permanent disability likely, lifetime care needs |
Long-Term Complications:
- Chronic Traumatic Encephalopathy (CTE): Progressive brain degeneration, personality changes, dementia
- Post-Concussive Syndrome: Headaches, dizziness lasting months or years (affects 10-15%)
- Increased Dementia Risk: Single moderate TBI doubles dementia risk later in life
- Personality and Mood Disorders: Depression (40-50% of TBI patients), anxiety, irritability
- Seizure Disorders: Can develop months or years after injury
- Cognitive Impairment: Memory problems, difficulty concentrating, slowed processing
Spinal Cord Injury
Injury Levels and Impact:
Cervical Spine (C1-C8, Neck Region):
- C1-C4 (High Cervical): Quadriplegia (all four limbs paralyzed), possible ventilator dependence, 24/7 care required
- C5-C8 (Low Cervical): Quadriplegia with some arm/hand function, wheelchair dependent
Thoracic Spine (T1-T12, Mid-Back):
- Paraplegia: Lower body paralysis, wheelchair dependent
- Trunk control varies by level
Lumbar Spine (L1-L5, Lower Back):
- Varying degrees of leg weakness/paralysis
- Bowel/bladder dysfunction common
- May walk with assistive devices
ASIA Impairment Scale:
| Grade | Classification | Prognosis |
|---|---|---|
| A | Complete | No motor or sensory function below injury – worst |
| B | Sensory Incomplete | Sensory function but no motor function |
| C | Motor Incomplete | Motor function but most muscles <3/5 strength |
| D | Motor Incomplete | Motor function with most muscles ≥3/5 strength |
| E | Normal | Full motor and sensory function (recovered) |
Secondary Complications:
- Pressure sores (leading cause of hospitalization)
- Respiratory complications (pneumonia – 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)
Amputation
Types:
- Traumatic Amputation: Limb severed at accident scene by collision impact
- Surgical Amputation: Due to crush injuries or infections (like Attorney911’s documented case)
Levels:
- Above-Knee: More difficult, less mobility, more expensive prosthetics
- Below-Knee: Better mobility potential, easier prosthetic use
- Upper Extremity: Arm, hand, fingers
- Multiple Limbs: Exponentially more challenging
Phantom Limb Pain:
- 80% of amputees experience phantom pain
- Feeling pain in a limb that’s no longer there
- Can be severe and debilitating
- Often a permanent condition
- Requires lifetime pain management
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.”
Burn Injuries
Classifications:
| Degree | Characteristics | Treatment |
|---|---|---|
| First-Degree | Superficial, like sunburn, heals 7-10 days | Outpatient |
| Second-Degree | Blistering, severe pain, may scar | Monitor, possible hospital |
| Third-Degree | Full thickness, destroys all skin, always scars | Skin grafting required |
| Fourth-Degree | Extends into muscle and bone | Often requires amputation |
Body Surface Area Impact:
| % Body Burned | Treatment Required |
|---|---|
| <10% | Usually outpatient |
| 10-20% | Hospitalization required |
| 20-40% | Burn center, ICU, multiple surgeries |
| >40% | Extremely life-threatening |
| >60% | Often fatal |
Herniated Disc
Treatment Timeline:
- Acute Phase (Weeks 1-6): Severe pain, medications, rest. Cost: $2,000-$5,000
- Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic. Cost: $5,000-$12,000
- Interventional (If Conservative Fails): Epidural steroid injections. Cost: $3,000-$6,000
- Surgery (If Injections Fail): Microdiscectomy or fusion. Cost: $50,000-$120,000
Permanent Restrictions Impact:
- Can’t return to physical labor jobs
- Lost earning capacity claims
- Ongoing pain management needs
Soft Tissue Injuries
Why Insurance Undervalues Soft Tissue:
- No broken bones or surgery = appears “minor”
- Difficult to see on X-rays
- Symptoms are subjective (pain, stiffness)
Why Soft Tissue Can Be SERIOUS:
- 15-20% develop chronic pain
- Can prevent return to physical jobs
- Whiplash can cause permanent problems
- Often misdiagnosed initially (rotator cuff tears thought to be sprains)
Proper Documentation CRITICAL:
- Detailed pain descriptions to doctors
- Consistent treatment (no gaps)
- MRI proving injury
- Physical therapy records
- Work restrictions documented
Damages & Compensation: What You Can Recover
Types of Damages
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):
- Available for gross negligence, fraud, or malice
- Drunk driving cases often qualify
- Cap: Greater of $200,000 OR (2x economic + 1x non-economic max $750,000)
- Purpose: Punish defendant and deter similar conduct
Settlement Ranges by Injury Type
Soft Tissue Injuries (Whiplash, Sprains, Strains):
Medical Treatment:
- Emergency room: $2,000-$5,000
- Follow-up doctor visits: $1,000-$3,000
- Physical therapy (6-12 weeks): $3,000-$7,000
- Medications: $300-$1,000
- Total Medical: $6,000-$16,000
Lost Wages: $2,000-$10,000 (2-6 weeks missed work)
Pain & Suffering: $8,000-$35,000
SETTLEMENT RANGE: $15,000-$60,000
Higher if: Permanent pain, restrictions on activities, chronic condition develops
Broken Bone (Single, Simple Fracture):
Medical Treatment:
- Emergency room and X-rays: $3,000-$6,000
- Orthopedic consultation: $500-$1,500
- Casting and follow-up: $2,000-$5,000
- Physical therapy: $3,000-$8,000
- Total Medical: $10,000-$20,000
Lost Wages: $5,000-$15,000 (4-8 weeks missed work)
Pain & Suffering: $20,000-$60,000
SETTLEMENT RANGE: $35,000-$95,000
Broken Bone (Requiring Surgery – ORIF):
Medical Treatment:
- Emergency room: $5,000-$10,000
- Surgery (Open Reduction Internal Fixation): $25,000-$50,000
- Hospital stay (2-3 days): $6,000-$15,000
- Follow-up care: $3,000-$8,000
- Physical therapy (3-6 months): $8,000-$15,000
- Total Medical: $47,000-$98,000
Lost Wages: $10,000-$30,000 (3-6 months)
Pain & Suffering: $75,000-$200,000
SETTLEMENT RANGE: $132,000-$328,000
Herniated Disc (Conservative Treatment):
Medical Treatment:
- Emergency room and initial treatment: $3,000-$6,000
- MRI: $2,000-$4,000
- Physician visits and pain management: $5,000-$12,000
- Physical therapy (3-6 months): $8,000-$15,000
- Epidural steroid injections (series of 3): $3,000-$6,000
- Medications: $1,000-$3,000
- Total Medical: $22,000-$46,000
Lost Wages: $8,000-$25,000
Pain & Suffering: $40,000-$100,000
SETTLEMENT RANGE: $70,000-$171,000
Herniated Disc (Surgery Required):
Medical Treatment:
- Initial treatment and diagnostics: $8,000-$15,000
- Failed conservative treatment: $10,000-$20,000
- Spinal surgery (microdiscectomy or fusion): $50,000-$100,000
- Hospital stay: $8,000-$20,000
- Post-surgical care and follow-up: $5,000-$15,000
- Physical therapy (6-12 months): $10,000-$20,000
- Pain management: $5,000-$15,000
- Total Past Medical: $96,000-$205,000
Future Medical: $30,000-$100,000 (ongoing pain management, possible revision surgery)
Lost Wages: $20,000-$50,000 (6-12 months recovery)
Lost Earning Capacity: $50,000-$400,000 (if can’t return to physical job)
Pain & Suffering: $150,000-$450,000
SETTLEMENT RANGE: $346,000-$1,205,000
Traumatic Brain Injury (Moderate to Severe):
Medical Treatment:
- Emergency room and trauma care: $10,000-$30,000
- Hospital/ICU stay (1-4 weeks): $50,000-$200,000
- Neurosurgery if required: $75,000-$200,000
- Acute rehabilitation facility: $30,000-$100,000
- Neurologist follow-up care: $10,000-$30,000
- Neuropsychological testing: $3,000-$8,000
- Cognitive therapy: $15,000-$50,000
- Medications: $5,000-$20,000
- Total Past Medical: $198,000-$638,000
Future Medical (Life Care Plan): $300,000-$3,000,000+ depending on severity
Lost Wages: $50,000-$200,000
Lost Earning Capacity: $500,000-$3,000,000+
Pain & Suffering: $500,000-$3,000,000+
SETTLEMENT RANGE: $1,548,000-$9,838,000
Attorney911 Documented Result:
“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”
Spinal Cord Injury / Paralysis:
Lifetime Care Costs by Level:
| Injury Level | First Year | Each Year After | Lifetime Total |
|---|---|---|---|
| High Tetraplegia (C1-C4) | $1,200,000-$1,500,000 | $200,000-$250,000 | $6,000,000-$13,000,000+ |
| Low Tetraplegia (C5-C8) | $850,000-$1,100,000 | $75,000-$100,000 | $3,700,000-$6,100,000+ |
| Paraplegia (T1-L5) | $500,000-$750,000 | $70,000-$90,000 | $2,500,000-$5,250,000+ |
SETTLEMENT RANGE: $4,770,000-$25,880,000
Amputation:
Medical Treatment:
- Emergency care and surgery: $80,000-$200,000
- Hospital stay: $50,000-$150,000
- Rehabilitation: $30,000-$100,000
- Initial prosthetic fitting: $10,000-$30,000
- Total Past Medical: $170,000-$480,000
Future Medical (Lifetime Prosthetics):
- Basic prosthetic leg: $5,000-$15,000 every 3-5 years
- Advanced computerized prosthetic: $50,000-$100,000 every 3-5 years
- Over lifetime (30-50 years): $500,000-$2,000,000
SETTLEMENT RANGE: $1,945,000-$8,630,000
Attorney911 Documented Result:
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
Wrongful Death (Working Age Adult):
Economic Damages:
- Funeral and burial: $10,000-$20,000
- Medical expenses before death: $50,000-$500,000
- Lost financial support to family (present value): $1,000,000-$4,000,000
Non-Economic Damages:
- Loss of companionship, society, love: $500,000-$3,000,000
- Loss of advice and counsel: $100,000-$500,000
- Mental anguish (family members): $250,000-$1,500,000
SETTLEMENT RANGE: $1,910,000-$9,520,000
Attorney911 Documented Result:
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”
Nuclear Verdicts Trend (2024-2025)
Definition:
Jury awards exceeding $10 million (originally $10M threshold, now often $20M+)
Texas Nuclear Verdict Statistics:
- 207 nuclear verdicts ($10M+) from 2009-2023
- Total: $45+ billion in Texas alone
- Texas #1 nationally for nuclear verdicts
- Auto accidents = 23.2% of all nuclear verdicts
Recent Texas Motor Vehicle Nuclear Verdicts:
| Year | Case | Amount |
|---|---|---|
| 2024 | Hatch v. Jones (car accident wrongful death) | $81,720,000 |
| 2024 | Frito-Lay Warehouse (vehicle collision) | $72,000,000 |
| 2024 | Lopez v. All Points 360 (Amazon) | $105,000,000 |
| 2024 | New Prime I-35 pileup (6 deaths) | $44,100,000 |
| 2024 | Oncor Electric (trucking) | $37,500,000 |
| 2024 | Ben E. Keith (Fort Worth trucking) | $35,000,000 |
| 2023 | Johnson v. Union Pacific (train) | $557,000,000 |
| 2021 | Ramsey v. Landstar (trucking) | $730,000,000 |
| 2017 | Kindred v. Delbosque (drunk driving) | $301 BILLION |
Why This Matters for Your Case:
Insurance companies FEAR nuclear verdicts. This fear increases settlement values across ALL serious injury cases, not just those going to trial. Attorney911’s trial readiness and multi-million dollar track record give us leverage in every negotiation.
Settlement Multiplier Method (How Insurance Calculates Your Claim)
The Formula:
Total Settlement = (Medical Expenses × Multiplier) + Lost Wages + Property Damage
Multiplier Range: 1.5 to 5
| Injury Severity | Multiplier Range |
|---|---|
| Minor injuries (soft tissue, quick recovery) | 1.5 – 2 |
| Moderate injuries (broken bones, months recovery) | 2 – 3 |
| Severe injuries (surgery, long recovery) | 3 – 4 |
| Catastrophic injuries (permanent disability) | 4 – 5+ |
EXAMPLE – MINOR INJURY:
- Medical expenses: $10,000
- Multiplier: 1.5
- Pain & suffering: $15,000
- Lost wages: $3,000
- Total: $28,000
EXAMPLE – SEVERE INJURY:
- Medical expenses: $100,000
- Multiplier: 4
- Pain & suffering: $400,000
- Lost wages: $50,000
- Total: $550,000
FACTORS THAT INCREASE MULTIPLIER (Push Toward 4-5):
- Permanent injury or disability
- Scarring or disfigurement
- Long recovery time (12+ months)
- Surgery required
- Ongoing pain management needed
- Impact on daily activities severe
- Clear liability (other driver 100% at fault)
- Sympathetic plaintiff (child, elderly, pregnant)
- Defendant’s conduct egregious (drunk driving, hit and run)
- Strong evidence (video, witnesses)
- Permanent restrictions on work/activities
FACTORS THAT DECREASE MULTIPLIER (Push Toward 1.5-2):
- Soft tissue injury only
- Quick recovery (under 3 months)
- No surgery required
- Disputed liability (comparative fault)
- Gaps in medical treatment
- Pre-existing conditions
- Minor property damage
- No permanent injury
Why Lupe’s Experience Matters:
Lupe calculated these multipliers for years using insurance company formulas. He knows:
- When to push for higher multiplier (4-5 vs. 2-3)
- Which factors insurance weighs most heavily
- How to document cases to justify higher multipliers
- When multiplier method undervalues case (catastrophic injuries)
- When to abandon multiplier and demand policy limits
We Don’t Accept Low Multipliers:
- Insurance offers 1.5× multiplier for severe injury? We fight for 4-5×
- We document permanency, impact, severity
- We prepare for trial if they won’t pay fair multiplier
- Our multi-million dollar results prove we don’t accept low multipliers
Why Choose Attorney911 for Your Bailey County Accident Case
1. Insurance Defense Insider Advantage
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
What This Means for Your Case:
- We know their tactics because Lupe used them
- We anticipate their strategies before they deploy them
- We know how they value claims internally
- We know which IME doctors they favor
- We know how to beat their algorithms
- We speak their language
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.”
No other firm in Bailey County has this advantage.
2. Multi-Million Dollar Results
Attorney911 has recovered millions for victims of:
- Brain injuries: “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”
- Amputations: “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”
- Trucking wrongful death: “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”
- Maritime injuries: “In a recent case, our client injured his back while lifting cargo on a ship. Our investigation revealed that he should have been assisted in this duty, and we were able to reach a significant cash settlement”
Our results prove we don’t settle cheap.
3. Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas.
Why This Matters for Bailey County Cases:
- Complex cases often end up in federal court
- FMCSA trucking regulations are federal
- Diversity jurisdiction for out-of-state defendants
- Federal court requires different skills than state court
- We can handle cases involving national corporations
BP Explosion Litigation:
“Our firm is one of the few firms in Texas to be involved in BP explosion litigation”
This experience means we have the capability to take on billion-dollar corporations and win.
4. Personal Attention You Can Trust
What Our Clients Say:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad Harris
“I never felt like ‘just another case’ they were working on.” – Ambur Hamilton
“Consistent communication and not one time did I call and not get a clear answer…Ralph reached out personally.” – Dame Haskett
You work directly with Ralph or Lupe, not a case manager assembly line.
5. Contingency Fee – No Risk to You
“We don’t get paid unless we win your case.”
- Free consultation
- No upfront costs
- No hourly billing
- We advance all case costs
- You pay nothing unless we recover for you
Client testimonial:
“I lost everything… my car was at a total loss and because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return plus a brand new truck.” – Kiimarii Yup
Frequently Asked Questions About Motor Vehicle Accidents in Bailey County
Immediate After Accident
1. What should I do immediately after a car accident in Muleshoe or Bailey County?
If you’ve been in an accident in Bailey County:
- Call 911 and report the accident
- Seek medical attention even if you feel fine (adrenaline masks injuries)
- Document everything: photos of damage, injuries, 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: 1-888-ATTY-911
2. Should I call the police even for a minor accident in Bailey County?
Yes. Always call police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000. In rural areas like Bailey County, response times may be longer, so provide clear location details.
3. Should I seek medical attention if I don’t feel hurt after an accident?
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 Muleshoe Area Medical Center or Bailey County Hospital.
4. What information should I collect at the accident 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 Bailey County?
You can obtain the police report from the responding agency or through the Texas Department of Transportation’s Crash Records Information System (CRIS). For accidents in Muleshoe, contact the Muleshoe Police Department or the Bailey County Sheriff’s Office.
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?
Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911: 1-888-ATTY-911
15. How much time do I have to file (statute of limitations)?
In Texas: 2 years from the date of 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?
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 on my case?
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 the victim as they find them. For example, if you had mild occasional back pain before the accident and 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—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, and clear liability. For example, $100,000 in medical bills × a 4 multiplier = $400,000 for pain and suffering. Lupe calculated these multipliers for years—he knows how to justify higher multipliers. See our Damages section for a detailed breakdown.
40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Government claims have special rules. You must file notice within 6 months (much shorter than the 2-year statute of limitations). Sovereign immunity protects government entities, 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 when the at-fault driver is unidentified. Surveillance footage is CRITICAL—gas stations, businesses, Ring doorbells, traffic cameras. Most footage is deleted within 7-30 days. We send preservation letters immediately. Texas allows UM stacking. We’ve recovered substantial settlements in hit and run cases through UM claims.
42. What if I’m an undocumented immigrant—can I still file a claim?
YES. Immigration status does NOT affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses. Lupe is fluent in Spanish. Call 1-888-ATTY-911—we protect your rights and your privacy.
43. What if the accident happened in a parking lot?
Parking lot accidents are fully compensable. Insurance companies often argue that “parking lot accidents are always 50/50 fault,” but this is a lie. We prove fault through: surveillance video, witness statements, damage analysis, and traffic patterns. Texas comparative negligence rules apply. 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. 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.
Contact Attorney911 for Your Bailey County Motor Vehicle Accident Case
If you or a loved one has been injured in a motor vehicle accident in Muleshoe, Bailey County, or anywhere in Texas, call Attorney911 immediately. Our legal emergency line is open 24/7 to help accident victims when they need it most.
Call: 1-888-ATTY-911 (1-888-288-9911)
Visit: https://attorney911.com
Email: ralph@atty911.com or lupe@atty911.com
Office Locations:
- Houston (Primary): 3200 Travis St, Suite 220, Houston, TX 77006
- Austin: Serving Travis, Williamson, Hays, Bastrop Counties
- Beaumont: Serving Jefferson, Orange, Hardin Counties
Free Consultation: We offer a no-obligation case evaluation to discuss your rights and options.
No Fee Unless We Win: We work on a contingency fee basis—you pay nothing unless we recover compensation for you.
Hablamos Español: Lupe Peña and our team are fluent in Spanish and ready to assist Spanish-speaking clients.
Client testimonial:
“Especially Miss Zulema, who is always very kind and always translates.” – Celia Dominguez
What Our Clients 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
“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
Don’t wait—evidence disappears every day. Call 1-888-ATTY-911 now for your free consultation. We don’t get paid unless we win your case.

