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Benbrook Car & Truck Accident Attorneys | 18-Wheelers, Commercial Trucks, Rideshare Crashes | Former Insurance Defense — We Know Their Playbook | $2.5M Truck Recovery | Attorney911 — The Firm Insurers Fear | Federal Court Experience | Se Habla Español | 1-888-ATTY-911

Motor Vehicle Accident Lawyers in Benbrook, Texas | Attorney911

Legal Emergency Response for Benbrook Car Accident Victims

If you’ve been injured in a motor vehicle accident in Benbrook, Texas, you’re not alone. Every 57 seconds, a crash occurs on Texas roads, and every 2 minutes and 5 seconds, someone is injured. In Tarrant County alone, thousands of families face the physical, emotional, and financial aftermath of collisions each year. At Attorney911, we understand the overwhelming challenges you’re facing right now—medical bills piling up, insurance adjusters pressuring you, and uncertainty about your future. Our Benbrook car accident lawyers are here to help you navigate this difficult time with compassion, expertise, and a proven track record of multi-million dollar results.

Ralph Manginello, our founding attorney with over 25 years of experience, has dedicated his career to fighting for accident victims across Texas. As a Benbrook personal injury attorney, Ralph knows the local courts, judges, and insurance adjusters who handle claims in Tarrant County. He’s admitted to practice in the U.S. District Court for the Northern District of Texas, giving him the ability to handle complex cases that other firms can’t. But what truly sets our firm apart is our insurance defense insider advantage: Lupe Peña, our associate attorney, spent years working for insurance companies, learning their tactics from the inside. Now, he uses that knowledge to fight for you.

When you call Attorney911 at 1-888-ATTY-911, you’re not just getting a law firm—you’re getting a team that treats you like family. As client Chad Harris shared, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” We don’t settle for lowball offers from insurance companies. We fight for the maximum compensation you deserve, whether through negotiation or in the courtroom. Don’t let insurance companies take advantage of you. Call our Benbrook car accident lawyers today for a free consultation. We don’t get paid unless we win your case.

Why Benbrook Accident Victims Trust Attorney911

Benbrook residents face unique challenges after motor vehicle accidents. Located along major highways like I-20 and I-820, our community sees more than its share of collisions, from rear-end crashes on the freeway to intersection accidents near major roads like Altamesa Boulevard and Hulen Street. The Benbrook traffic patterns, combined with the heavy commercial truck traffic serving the Fort Worth metroplex, create dangerous conditions for drivers, pedestrians, and cyclists alike.

At Attorney911, we’ve helped hundreds of Benbrook and Tarrant County residents recover compensation after accidents. Our deep understanding of local accident patterns—like the high-risk intersections near Benbrook Lake or the dangerous merge zones on I-20—allows us to build stronger cases for our clients. We know which insurance companies operate in our area, which adjusters are likely to lowball offers, and which local medical providers offer the best care for accident-related injuries.

Our firm’s commitment to Benbrook goes beyond legal representation. We’re active members of the community, supporting local organizations and understanding the unique needs of our neighbors. When you work with Attorney911, you’re working with a firm that truly knows Benbrook and is invested in your recovery.

The Reality of Motor Vehicle Accidents in Benbrook

Benbrook and the surrounding Tarrant County area experience thousands of motor vehicle accidents each year. According to the Texas Department of Transportation’s 2024 crash data:

  • There were 251,977 people injured in Texas motor vehicle crashes
  • 1 crash occurs every 57 seconds in our state
  • 1 person is injured every 2 minutes and 5 seconds
  • 4,150 people lost their lives in Texas traffic accidents

In Tarrant County specifically, we see a high concentration of accidents due to our location along major transportation corridors. The mix of local commuters, commercial truck traffic, and visitors creates dangerous conditions on our roads. Some of the most dangerous areas in Benbrook include:

  • I-20 corridor through Benbrook, especially near the exits for Altamesa Boulevard and Hulen Street
  • Intersections along Highway 377, including those near Benbrook Lake
  • Merge zones on I-820, particularly where it intersects with other major roads
  • Residential areas near schools, where pedestrian and bicycle traffic is common

These accidents often result in serious injuries that can change lives in an instant. Whether you’ve been involved in a collision on I-20 during rush hour or a fender-bender in a Benbrook parking lot, the consequences can be devastating.

Common Types of Motor Vehicle Accidents in Benbrook

At Attorney911, we handle all types of motor vehicle accidents that occur in Benbrook and throughout Tarrant County. Our Benbrook car accident lawyers have experience with:

Car Accidents (Most Common – 500+ words)

Car accidents are the most common type of motor vehicle collision in Benbrook. With our location along major highways and busy local roads, rear-end collisions, T-bone accidents, and sideswipe crashes occur daily. The Texas Department of Transportation reports that there were 251,977 people injured in car accidents across Texas in 2024, with thousands occurring right here in Tarrant County.

Common causes of car accidents in Benbrook include:

  • Distracted driving (texting, phone use, eating while driving)
  • Speeding, especially on I-20 and I-820
  • Failure to yield at intersections and merge points
  • Drunk or impaired driving, particularly on weekend nights
  • Weather conditions (rain, fog, or occasional ice)
  • Poor road conditions or inadequate signage

Car accidents can result in a wide range of injuries, from minor whiplash to life-altering traumatic brain injuries. Common car accident injuries include:

  • Whiplash and soft tissue injuries (affecting 80% of accident victims)
  • Herniated or bulging discs (often requiring surgery)
  • Broken bones and fractures (arms, legs, ribs, pelvis)
  • Traumatic brain injuries (TBI) (ranging from concussions to severe brain damage)
  • Spinal cord injuries (potentially causing paralysis)
  • Internal organ damage (liver, spleen, kidney injuries)
  • Psychological trauma (PTSD, anxiety, depression)

One of our recent cases involved a client whose leg was injured in a car accident on I-20 near Benbrook. During treatment, staff infections developed, and doctors were forced to perform a partial amputation. This case settled in the millions, demonstrating our ability to handle even the most complex car accident cases.

If you’ve been injured in a car accident in Benbrook, don’t let the insurance company lowball your claim. As client Chavodrian Miles shared, “Leonor got me into the doctor the same day… it only took 6 months amazing.” Our team moves quickly to preserve evidence and build your case. Call 1-888-ATTY-911 for a free consultation—we don’t get paid unless we win your case.

18-Wheeler and Commercial Truck Accidents (500+ words)

Benbrook’s location along major transportation routes like I-20 and I-820 makes it a hotspot for commercial truck traffic. Unfortunately, this also means we see more than our share of devastating 18-wheeler accidents. In 2024 alone, there were 39,393 commercial motor vehicle crashes in Texas, resulting in 608 fatalities and 1,601 serious injuries.

Truck accidents are particularly dangerous due to the sheer size and weight of these vehicles. A fully loaded 18-wheeler can weigh up to 80,000 pounds—20 times more than the average passenger car. When these massive vehicles collide with smaller cars, the results are often catastrophic.

Common causes of truck accidents in Benbrook include:

  • Driver fatigue (violating Federal Motor Carrier Safety Administration hours-of-service rules)
  • Distracted driving (texting, using GPS, or other distractions)
  • Improper loading (unsecured or unbalanced cargo)
  • Mechanical failures (brake failure, tire blowouts, steering issues)
  • Speeding or reckless driving (especially in construction zones)
  • Inadequate training (poorly trained or inexperienced drivers)

The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations governing the trucking industry, including:

  • Hours of Service (HOS) rules: Drivers may drive a maximum of 11 hours after 10 consecutive hours off-duty
  • 30-minute break requirement: After 8 cumulative hours of driving
  • 60/70-hour weekly limits: Drivers cannot exceed 60 hours on-duty in 7 days or 70 hours in 8 days
  • Electronic Logging Devices (ELDs): Mandatory since 2017 to track driving hours
  • Commercial driver BAC limit: 0.04% (half the legal limit for regular drivers)

Trucking accidents often result in severe injuries, including:

  • Traumatic brain injuries (TBI)
  • Spinal cord injuries and paralysis
  • Amputations
  • Severe burns
  • Multiple broken bones
  • Internal organ damage
  • Wrongful death

At Attorney911, we have extensive experience handling trucking accident cases. Our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation. We understand the complex regulations governing the trucking industry and know how to hold trucking companies accountable when they violate safety rules.

Our firm’s federal court experience is particularly valuable in trucking cases. Ralph Manginello is admitted to practice in the U.S. District Court for the Northern District of Texas, which allows us to handle complex trucking cases that may end up in federal court. We also have experience taking on billion-dollar corporations—our firm was one of the few involved in the BP Texas City explosion litigation, demonstrating our ability to handle high-stakes cases.

If you or a loved one has been injured in a truck accident in Benbrook, time is critical. Electronic logging device (ELD) data can be overwritten in as little as 30 days, and other crucial evidence can disappear quickly. Call Attorney911 at 1-888-ATTY-911 immediately to preserve evidence and protect your rights.

Drunk Driving Accidents (500+ words)

Drunk driving remains one of the most preventable yet devastating causes of motor vehicle accidents in Benbrook and across Texas. In 2024, there were 1,053 alcohol-impaired driving deaths in Texas, accounting for 25.37% of all traffic fatalities. These accidents are particularly tragic because they’re completely avoidable.

In Tarrant County, we see far too many drunk driving accidents, especially on weekend nights and around holidays. Some of the most dangerous areas for drunk driving accidents in our area include:

  • I-20 corridor through Benbrook
  • Highway 377 near local bars and restaurants
  • Camp Bowie Boulevard in nearby Fort Worth
  • University Drive near TCU

Texas has strong laws against drunk driving, including dram shop liability under the Texas Alcoholic Beverage Code § 2.02. This law allows victims of drunk driving accidents to hold bars, restaurants, and other establishments accountable when they serve alcohol to obviously intoxicated patrons who then cause accidents.

To prove dram shop liability, we must show:

  1. The establishment served alcohol to someone who was obviously intoxicated at the time of service
  2. The over-service was the proximate cause of the accident and your injuries

Signs of obvious intoxication include:

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

Potentially liable parties in drunk driving cases include:

  • Bars and nightclubs that over-serve patrons
  • Restaurants with liquor licenses
  • Liquor stores that sell to obviously intoxicated customers
  • Event venues (concerts, festivals, sporting events)
  • Social hosts (in limited circumstances)

Drunk driving accidents often result in severe injuries and fatalities because impaired drivers typically don’t brake or take evasive action before impact. Common injuries include:

  • Traumatic brain injuries (TBI)
  • Spinal cord injuries and paralysis
  • Multiple broken bones
  • Internal organ damage
  • Severe lacerations and burns
  • Wrongful death

One of the advantages of drunk driving cases is that they often qualify for punitive damages in addition to compensatory damages. Punitive damages are designed to punish the defendant for gross negligence and deter similar behavior in the future. In Texas, punitive damages are available when there’s clear and convincing evidence of fraud, malice, or gross negligence.

At Attorney911, we have unique experience handling drunk driving cases. Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), which gives us insight into both the criminal and civil aspects of these cases. Our firm has successfully handled three DWI dismissals, demonstrating our ability to thoroughly investigate and challenge evidence:

  1. A case where the breathalyzer machine was improperly maintained
  2. A case with no breath or blood test and missing hospital notes
  3. A case where video evidence showed the client wasn’t drunk

If you’ve been injured by a drunk driver in Benbrook, you may have multiple avenues for compensation. Call Attorney911 at 1-888-ATTY-911 to explore all your legal options. We’ll investigate whether the bar or restaurant that served the driver shares responsibility for your injuries.

Motorcycle Accidents (300-450 words)

Motorcycle accidents are particularly devastating in Benbrook and throughout Tarrant County. In 2024, there were 585 motorcyclist fatalities in Texas, with many occurring right here in our community. Motorcyclists are 28 times more likely to die in a crash than passenger car occupants, and 4 times more likely to be injured.

Benbrook’s scenic roads and favorable riding weather make it a popular area for motorcyclists. However, our location along major highways like I-20 and I-820 also puts riders at risk from negligent drivers. Some of the most dangerous areas for motorcycle accidents in our area include:

  • The I-20 corridor, especially near Altamesa Boulevard
  • Highway 377 with its mix of local and through traffic
  • Residential streets where drivers fail to yield to motorcyclists

Common causes of motorcycle accidents in Benbrook include:

  • Failure to yield right of way (most common cause)
  • Driver inattention or distraction
  • Unsafe lane changes (drivers not checking blind spots)
  • Left-turn accidents (drivers turning in front of motorcycles)
  • Speeding or reckless driving
  • Road hazards (potholes, debris, uneven surfaces)

Texas law requires all riders under 21 to wear helmets. Riders 21 and older may ride without a helmet if they’ve completed a safety course or have at least $10,000 in medical insurance coverage. However, helmets reduce the risk of death by 37% and the risk of head injury by 69%. Even with a helmet, motorcyclists face significant risks on our roads.

One of the biggest challenges in motorcycle accident cases is the Texas 51% comparative fault rule. Insurance companies often try to blame motorcyclists for accidents, arguing that they were speeding, lane-splitting, or otherwise at fault. If you’re found to be 51% or more at fault, you can’t recover any compensation.

At Attorney911, we understand the unique challenges of motorcycle accident cases. Lupe Peña, our associate attorney, spent years working for insurance companies and knows exactly how they try to shift blame to motorcyclists. We use this insider knowledge to build strong cases that maximize your compensation.

If you’ve been injured in a motorcycle accident in Benbrook, don’t let the insurance company blame you for the accident. Call 1-888-ATTY-911 for a free consultation. We’ll fight to prove the other driver’s negligence and get you the compensation you deserve.

Pedestrian Accidents (300-450 words)

Pedestrian accidents are a growing concern in Benbrook and throughout Tarrant County. In 2024, there were 6,095 pedestrian crashes in Texas, resulting in 768 fatalities. Pedestrians account for only 1% of all crashes but 19% of all roadway deaths, making them among the most vulnerable road users.

Benbrook’s mix of residential areas, shopping centers, and busy roads creates dangerous conditions for pedestrians. Some of the most dangerous areas for pedestrian accidents in our community include:

  • Intersections along Altamesa Boulevard and Hulen Street
  • Crosswalks near schools and parks
  • Shopping center parking lots (especially near major retailers)
  • Residential neighborhoods where drivers exceed speed limits

Under Texas law, pedestrians always have the right-of-way at intersections, even at unmarked crosswalks. Many drivers don’t realize that anytime there’s an intersection of two streets, the distance between them is considered a crosswalk—even if it’s not marked. This legal protection is crucial for pedestrian safety, but it’s often not respected by drivers.

Common causes of pedestrian accidents in Benbrook include:

  • Distracted driving (texting, phone use, other distractions)
  • Failure to yield right of way at crosswalks
  • Speeding in residential areas and school zones
  • Drunk or impaired driving
  • Poor visibility (especially at night or in bad weather)
  • Left-turn accidents (drivers turning into pedestrians)

Pedestrian accidents often result in catastrophic injuries due to the lack of protection for pedestrians. Common injuries include:

  • Traumatic brain injuries (TBI)
  • Spinal cord injuries and paralysis
  • Broken pelvis and leg bones
  • Internal organ damage
  • Severe lacerations and road rash
  • Wrongful death

At Attorney911, we’ve helped numerous pedestrian accident victims recover compensation for their injuries. We understand the unique challenges these cases present, including proving liability when there are no witnesses or when the at-fault driver claims the pedestrian “came out of nowhere.”

If you or a loved one has been injured in a pedestrian accident in Benbrook, call 1-888-ATTY-911 immediately. We’ll investigate the accident, gather evidence, and fight for the compensation you deserve.

Rideshare Accidents (Uber/Lyft) (300-450 words)

Rideshare accidents have become increasingly common in Benbrook as services like Uber and Lyft have grown in popularity. With our location near Fort Worth and the surrounding metroplex, rideshare vehicles are a frequent sight on our roads. However, these accidents present unique legal challenges due to the complex insurance coverage involved.

The rideshare industry has grown exponentially in recent years:

  • 11 billion trips have been taken in the U.S. since 2010
  • Uber completes 17.4 million trips daily
  • There are 118 million Uber users worldwide
  • 5 million Uber drivers operate globally

When you’re involved in a rideshare accident in Benbrook, the insurance coverage available depends on what phase the driver was in at the time of the crash. This is where the complexity begins:

Phase Driver Status Insurance Coverage Available
Period 0 App off, personal use Driver’s personal insurance only (Texas minimum: $30k/$60k/$25k)
Period 1 App on, waiting for ride request $50k/$100k/$25k contingent coverage
Period 2 Ride accepted, en route to pickup $1,000,000 liability coverage
Period 3 Passenger in vehicle $1,000,000 liability coverage

This complexity means that determining which insurance policy applies to your accident can be challenging. In a recent study, researchers found that 58% of rideshare accident victims were third parties (other drivers, pedestrians, or passengers in other vehicles), while 21% were riders and 21% were drivers.

At Attorney911, we have the expertise to navigate these complex insurance issues. Lupe Peña, our associate attorney, spent years working for insurance companies and understands how to identify the correct insurance coverage and maximize your recovery. We know how to:

  • Determine which phase the driver was in at the time of the accident
  • Identify all available insurance policies
  • Deal with both the rideshare company’s insurance and the driver’s personal insurance
  • Handle cases where multiple parties are injured

If you’ve been injured in a rideshare accident in Benbrook, don’t try to navigate this complex situation alone. Call Attorney911 at 1-888-ATTY-911 for a free consultation. We’ll help you understand your rights and fight for the compensation you deserve.

What to Do Immediately After a Car Accident in Benbrook

The moments after a car accident are critical for protecting your health and your legal rights. Evidence disappears quickly, and insurance companies start building their defense against you immediately. Here’s what you should do in the first 48 hours after an accident in Benbrook:

Hour 1-6: Immediate Crisis Response

  1. Ensure Safety: If you can move safely, get to a secure location away from traffic. Turn on your hazard lights and set up flares or warning triangles if available.
  2. Call 911: Report the accident and request medical assistance if anyone is injured. Even if injuries seem minor, it’s important to get checked out.
  3. Seek Medical Attention: Adrenaline can mask serious injuries. Many accident victims don’t realize they’re hurt until hours or even days later. Go to the emergency room or urgent care immediately.
  4. Document Everything:
    • Take photos of all vehicle damage from multiple angles
    • Photograph the accident scene, road conditions, and traffic signals
    • Take pictures of any visible injuries
    • Screenshot any messages visible on your phone (do NOT delete anything)
  5. Exchange Information:
    • Other driver’s name, phone number, and address
    • Insurance company and policy number
    • Driver’s license number
    • License plate number
    • Vehicle make, model, and color
  6. Collect Witness Information: Get names and phone numbers of any witnesses. Ask if they saw what happened.
  7. Call Attorney911: Before speaking to any insurance company, call 1-888-ATTY-911 for immediate legal guidance.

Hour 6-24: Evidence Preservation

  1. Digital Preservation:
    • Preserve all texts, calls, photos, and videos related to the accident
    • Do NOT delete anything from your phone
    • Screenshot everything relevant
    • Email copies to yourself for backup
  2. Physical Evidence:
    • Secure damaged clothing, glasses, or personal items
    • Keep receipts for any expenses (towing, rental car, medications)
    • Do NOT repair your vehicle yet—preserve the damage
  3. Medical Records:
    • Request copies of all ER and hospital records
    • Keep all discharge paperwork
    • Follow up with your primary care physician within 24-48 hours
  4. 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”
  5. Social Media:
    • Make ALL profiles private immediately
    • Do NOT post about the accident
    • Do NOT post photos of injuries or activities
    • Tell friends and family not to tag you in posts

Hour 24-48: Strategic Decisions

  1. Legal Consultation: Speak with an experienced Benbrook car accident attorney. Call Attorney911 at 1-888-ATTY-911 for a free consultation.
  2. Insurance Response: If insurance contacts you, refer them to your attorney. Say: “My attorney will be in touch with you.”
  3. Settlement Offers: Do NOT accept or sign anything without your lawyer reviewing it. Early offers are always lowball offers.
  4. 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: Ongoing Priorities

  1. Medical Follow-Up:
    • Continue documenting all injuries
    • See specialists if recommended
    • Follow ALL doctor’s recommendations (insurance watches for gaps)
    • Get written work restrictions if needed
  2. Investigation Begins:
    • Your attorney obtains the police report
    • Preservation letters are sent to all parties
    • Surveillance footage is secured before deletion
    • Witness statements are recorded
  3. Communication:
    • Your attorney handles ALL insurance communication
    • You focus on your recovery
    • Document any pressure from insurance or other parties

Why Time is Critical

Evidence disappears on a predictable schedule:

  • Day 1-7: Witness memories begin fading immediately
  • Day 7-30: Surveillance footage is typically deleted (gas stations: 7-14 days, retail stores: 30 days)
  • Month 1-2: Insurance companies solidify their defense position
  • Month 2-6: ELD/black box data from trucks can be overwritten
  • Month 6-12: Witnesses become harder to locate, memories degrade
  • Month 12-24: Approaching the 2-year statute of limitations deadline

At Attorney911, we move quickly to preserve evidence. Within 24 hours of being retained, we send preservation letters to:

  • The other driver and their insurance company
  • Trucking companies (for commercial vehicle accidents)
  • Businesses near the accident scene
  • Employers (if the accident was work-related)
  • Property owners
  • Government entities (if applicable)
  • Vehicle manufacturers

These letters legally require evidence preservation before automatic deletion. Every day you wait, evidence disappears forever. Call Attorney911 NOW at 1-888-ATTY-911.

Texas Motor Vehicle Accident Laws You Need to Know

Understanding Texas law is crucial for protecting your rights after a motor vehicle accident in Benbrook. Here are the key legal principles that will affect your case:

Statute of Limitations

In Texas, you have 2 years from the date of your accident to file a personal injury lawsuit. This deadline is absolute—if you miss it, your case will be barred forever, and you won’t be able to recover any compensation. There are limited exceptions:

  • Minors: The 2-year clock starts when they turn 18
  • Discovery Rule: In rare cases, the deadline may be extended if you couldn’t have reasonably discovered your injury immediately
  • Government Claims: If a government vehicle was involved, you may need to file a notice within 6 months

Comparative Negligence (51% Rule)

Texas uses a modified comparative negligence system with a 51% bar. 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 will try to assign as much fault to you as possible to reduce their payment. Even small percentages of fault 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

At Attorney911, Lupe Peña’s insurance defense experience gives us a unique advantage. He knows exactly how insurance companies try to shift blame, and he uses that knowledge to protect your rights.

Texas Minimum Auto Insurance Requirements

Texas is an “at-fault” state, meaning the at-fault driver’s insurance is responsible for paying damages. The minimum required coverage is:

  • $30,000 for bodily injury per person
  • $60,000 for bodily injury per accident
  • $25,000 for property damage per accident

However, 15.4% of Texas drivers are uninsured, which is why uninsured/underinsured motorist (UM/UIM) coverage is so important. This coverage protects you if the at-fault driver doesn’t have enough insurance.

Dram Shop Liability

Under the Texas Alcoholic Beverage Code § 2.02, bars, restaurants, and other establishments can be held liable if they serve alcohol to an obviously intoxicated person who then causes an accident. To prove dram shop liability, we must show:

  1. The establishment served alcohol to someone who was obviously intoxicated
  2. The over-service was the proximate cause of the accident and your injuries

Signs of obvious intoxication include slurred speech, bloodshot eyes, unsteady gait, impaired coordination, and aggressive behavior.

Wrongful Death vs. Survival Actions

If you’ve lost a loved one in a motor vehicle accident, you may have two types of claims:

  1. Wrongful Death Claim: Brought by surviving family members (spouse, children, parents) for their own losses, including loss of companionship, mental anguish, and lost financial support
  2. Survival Action: Brought on behalf of the deceased’s estate for damages the deceased would have recovered if they had survived, including pain and suffering before death and medical expenses

Punitive Damages

In cases involving gross negligence or malice, you may be entitled to punitive damages in addition to compensatory damages. Punitive damages are designed to punish the defendant and deter similar behavior. In Texas, punitive damages are capped at the greater of:

  • $200,000, OR
  • 2x economic damages + 1x non-economic damages (with a $750,000 cap on the non-economic portion)

Drunk driving cases often qualify for punitive damages due to the conscious indifference to others’ safety.

How Insurance Companies Try to Cheat You

At Attorney911, we know how insurance companies operate because Lupe Peña spent years working for them. He learned their tactics from the inside, and now he uses that knowledge to fight for accident victims. Here are the six most common tactics insurance companies use to cheat you out of fair compensation:

Tactic #1: The Quick Contact and Recorded Statement Trap

What they do:
Within hours or days of your accident, an insurance adjuster will contact you. They’ll sound friendly, helpful, and concerned about your well-being. They’ll say things like:

  • “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 designed to trap you into saying things that hurt your case. Common questions include:

  • “You’re feeling better now though, right?” (Traps you into saying you’re improving)
  • “It wasn’t that bad of an impact, was it?” (Minimizes collision severity)
  • “You were able to walk away from the scene?” (Suggests injuries aren’t serious)
  • “Were you distracted at all?” (Hopes you’ll admit to distraction)
  • “How fast were you going?” (Hopes you’ll overestimate or say “I don’t know”)

Everything you say is recorded, transcribed, and 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 company. Giving a statement without an attorney almost always hurts your case.

How Attorney911 counters:
Once you hire us, we become your voice. We handle all communication with insurance companies. If a statement becomes absolutely necessary, we prepare you extensively and sit with you during the interview. We know their questions because Lupe asked them for years.

“I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney,” Lupe says. “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 #2: The Quick Settlement Offer

What they do:
Within days or weeks of your accident, the insurance company will offer you quick money:

  • Typical offers: $2,000-$5,000
  • Sometimes $10,000-$15,000 if they’re scared
  • They’ll make it sound like a good deal 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 full extent of your injuries yet. Here’s what often happens:

  1. Day 3: Insurance offers $3,500 “final settlement”
  2. You’re desperate, in pain, scared about bills
  3. You sign the release thinking it’s over
  4. Week 6: MRI shows herniated disc requiring surgery
  5. Surgery costs $100,000
  6. TOO LATE: You signed the release, so you can’t reopen your claim
  7. You pay $100,000 out of pocket

The release is permanent and final.

How Attorney911 counters:
We NEVER settle before you’ve reached Maximum Medical Improvement (MMI)—the point where you’ve recovered as much as you’re going to. This could be 6 months, 12 months, or even 24 months depending on your injuries. We know their offers are always lowball. Lupe calculated these lowball offers for years—he knows they’re offering 10-20% of what your case is truly worth.

Tactic #3: The “Independent” Medical Exam (IME) Scam

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 select the most qualified doctors—they select doctors who give them the reports they want. Selection criteria include:

  • Doctors who consistently find “no injury” or “pre-existing condition”
  • Doctors who are paid thousands by insurance companies ($2,000-$5,000 per exam)
  • Doctors who provide repeat business through favorable reports

What happens at an IME:

  1. You get a 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation)
  2. The doctor rarely reviews your complete medical records beforehand
  3. They ask questions designed to elicit “I’m feeling better” responses
  4. They look for any reason to minimize your injuries

Common IME doctor findings:

What They Say What It Means
“Patient has pre-existing degenerative changes” Everyone over 40 has some arthritis—used to deny claims
“Injuries consistent with minor trauma” Minimizes your pain and suffering
“Patient can return to full duty work” Eliminates lost wage claims
“Treatment has been excessive” Attacks your treating doctors
“Subjective complaints out of proportion to objective findings” Medical speak for calling you a liar

How Attorney911 counters:

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

Tactic #4: Delay, Deny, Defend

What they do:
They drag out your case, hoping you’ll get desperate and accept less or give up entirely.

Their 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:
Insurance companies have:

  • Unlimited time
  • Unlimited resources
  • No financial pressure
  • Your settlement money earning interest for them while they delay

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 a lawsuit to force deadlines
  • We set depositions to make them produce witnesses
  • We prepare for trial to show we’re serious
  • Lupe understands delay tactics because he used them—he knows when to push

Tactic #5: Surveillance and Social Media Monitoring

What they do:
Insurance companies hire private investigators to:

  • Video you doing daily activities
  • Film you from public places (your driveway, street, stores)
  • Follow you to appointments, errands, social activities
  • Look for any activity that contradicts your injury claims
  • One video of you bending over = “Not really injured”

They monitor ALL your social media:

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

Examples we’ve defended:

Example What Happened What Insurance Claimed Reality
Old Gym Photo Gym photo from 3 years ago Presented as recent, contradicting 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 with client smiling “Not in pain—she’s smiling!” Everyone smiles for photos

7 Rules for Clients:

  1. Make ALL profiles private immediately
  2. Don’t post about the accident, injuries, activities, or emotions
  3. Don’t check in anywhere
  4. Tell friends and family not to tag you or post about you
  5. Don’t accept friend requests from strangers (fake profiles)
  6. Best: Stay off social media entirely during your case
  7. Assume EVERYTHING is being monitored

Tactic #6: Comparative Fault Arguments

What they do:
They try to assign you the maximum amount of fault to reduce their payment. Common arguments include:

  • “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% or more at fault → You get NOTHING
  • If you’re 50% or less at fault → Your damages are reduced by your percentage of fault

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:
We conduct an aggressive liability investigation:

  • Accident reconstruction to prove the other driver’s fault
  • Witness statements supporting your version of events
  • 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

How Insurance Companies Actually Value Your Claim: The Colossus System

Most people don’t realize that insurance companies use sophisticated software to calculate the minimum they can pay you. Lupe Peña knows this system intimately because he used it for years while working for insurance companies.

What is Colossus?

Colossus is a computerized claim valuation system used by major insurance companies like Allstate, State Farm, Liberty Mutual, and others. Here’s how it works:

  1. Data Entry: The insurance adjuster inputs information about your case, including:

    • Injury codes
    • Treatment types
    • Medical costs
    • Lost wages
    • Jurisdiction
  2. Coding: Your injuries are coded using standardized medical terms. This is where manipulation often occurs.

  3. Calculation: The software applies complex algorithms to determine a “value” for your claim.

  4. Range Output: The system provides a recommended settlement range.

  5. Authority: The adjuster typically cannot exceed this range without supervisor approval.

How Insurance Companies Manipulate Colossus

Insurance companies train adjusters to input data in ways that minimize your claim’s value:

Manipulation Effect
Low Injury Codes Coding a herniated disc as a “soft tissue strain” can reduce value by 50-100%
Excessive Treatment Flags Physical therapy beyond “normal” range triggers reductions
Conservative Treatment Penalty Chiropractic care is valued less than MD treatment
Pre-Existing Reduction Any prior condition is used to reduce value
Jurisdiction Factor Low-verdict counties get lower values

How Lupe’s Knowledge Beats the System

Because Lupe used Colossus for years, he knows:

  • How to code injuries properly for maximum value
  • Which medical terms trigger higher valuations
  • When the Colossus output is artificially low
  • How to present medical records to beat the algorithm
  • When to abandon the multiplier method for catastrophic injuries

Reserve Psychology: How We Increase Your Settlement

Insurance companies set “reserves”—money they set aside for your claim based on their worst-case scenario (trial verdict). Adjusters usually cannot settle for more than the reserve without approval.

How we increase reserves:

  • Hiring expert witnesses (shows we’re investing in the case)
  • Taking depositions (creates litigation expense)
  • Filing a lawsuit (forces trial evaluation)
  • Preparing for trial (shows we won’t back down)

Lupe understands reserve psychology and settlement authority limits—this is a game-changing advantage for our clients.

Types of Compensation You Can Recover

If you’ve been injured in a motor vehicle accident in Benbrook, you may be entitled to several types of compensation. At Attorney911, we fight to recover the maximum amount for all your losses.

Economic Damages (No Cap in Texas)

Economic damages are quantifiable financial losses you’ve suffered due to the accident:

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

Non-Economic Damages (No Cap Except Medical Malpractice)

Non-economic damages compensate you for intangible losses that don’t have a specific dollar value:

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

Punitive/Exemplary Damages (Capped)

Punitive damages are available in cases involving gross negligence, fraud, or malice. They’re designed to punish the defendant and deter similar behavior. In Texas, punitive damages are capped at the greater of:

  • $200,000, OR
  • 2x economic damages + 1x non-economic damages (with a $750,000 cap on the non-economic portion)

Drunk driving cases often qualify for punitive damages due to the conscious indifference to others’ safety.

Settlement Ranges for Common Injuries

The value of your case depends on the severity of your injuries, the impact on your life, and the available insurance coverage. Here are typical settlement ranges for common car accident injuries in Texas:

Soft Tissue Injuries (Whiplash, Sprains, Strains)

Medical Treatment:

  • Emergency room: $2,000-$5,000
  • Follow-up doctor visits: $1,000-$3,000
  • Physical therapy (6-12 weeks): $3,000-$7,000
  • Medications: $300-$1,000
  • Total Medical: $6,000-$16,000

Lost Wages: $2,000-$10,000 (2-6 weeks missed work)
Pain & Suffering: $8,000-$35,000

Settlement Range: $15,000-$60,000
Higher if: Permanent pain, restrictions on activities, chronic condition develops

Broken Bone (Single, Simple Fracture)

Medical Treatment:

  • Emergency room and X-rays: $3,000-$6,000
  • Orthopedic consultation: $500-$1,500
  • Casting and follow-up: $2,000-$5,000
  • Physical therapy: $3,000-$8,000
  • Total Medical: $10,000-$20,000

Lost Wages: $5,000-$15,000 (4-8 weeks missed work)
Pain & Suffering: $20,000-$60,000

Settlement Range: $35,000-$95,000

Broken Bone (Requiring Surgery – ORIF)

Medical Treatment:

  • Emergency room: $5,000-$10,000
  • Surgery (Open Reduction Internal Fixation): $25,000-$50,000
  • Hospital stay (2-3 days): $6,000-$15,000
  • Follow-up care: $3,000-$8,000
  • Physical therapy (3-6 months): $8,000-$15,000
  • Total Medical: $47,000-$98,000

Lost Wages: $10,000-$30,000 (3-6 months)
Pain & Suffering: $75,000-$200,000

Settlement Range: $132,000-$328,000

Herniated Disc (Conservative Treatment)

Medical Treatment:

  • Emergency room and initial treatment: $3,000-$6,000
  • MRI: $2,000-$4,000
  • Physician visits and pain management: $5,000-$12,000
  • Physical therapy (3-6 months): $8,000-$15,000
  • Epidural steroid injections (series of 3): $3,000-$6,000
  • Medications: $1,000-$3,000
  • Total Medical: $22,000-$46,000

Lost Wages: $8,000-$25,000
Pain & Suffering: $40,000-$100,000

Settlement Range: $70,000-$171,000

Herniated Disc (Surgery Required)

Medical Treatment:

  • Initial treatment and diagnostics: $8,000-$15,000
  • Failed conservative treatment: $10,000-$20,000
  • Spinal surgery (microdiscectomy or fusion): $50,000-$100,000
  • Hospital stay: $8,000-$20,000
  • Post-surgical care and follow-up: $5,000-$15,000
  • Physical therapy (6-12 months): $10,000-$20,000
  • Pain management: $5,000-$15,000
  • Total Past Medical: $96,000-$205,000

Future Medical: $30,000-$100,000 (ongoing pain management, possible revision surgery)
Lost Wages: $20,000-$50,000 (6-12 months recovery)
Lost Earning Capacity: $50,000-$400,000 (if you can’t return to physical work)
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

At Attorney911, we’ve secured multi-million dollar settlements for clients with traumatic brain injuries. In one case, our client suffered a brain injury with vision loss when a log dropped on him at a logging company. This case settled for multiple millions of dollars.

Spinal Cord Injury / Paralysis

The lifetime costs of spinal cord injuries are staggering:

Injury Level First Year Costs 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

At Attorney911, we’ve handled cases involving amputations. In one case, our client’s leg was injured in a car accident. During treatment, staff infections developed, and doctors were forced to perform 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

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

Factors That Increase Your Case Value

Several factors can significantly increase the value of your motor vehicle accident case:

Clear Liability Factors

  • The other driver ran a red light (traffic camera proof)
  • The other driver was drunk (BAC 0.15+)
  • The other driver fled the scene (hit and run)
  • The other driver was cited by police
  • Multiple witnesses confirm the other driver’s fault

Severe Injury Factors

  • Surgery was required
  • Permanent disability
  • Scarring or disfigurement
  • Traumatic brain injury
  • Spinal cord injury
  • Amputation

High Medical Bills

  • Emergency surgery
  • ICU stay
  • Months of physical therapy
  • Future medical needs
  • Life care plan

Significant Lost Wages

  • High earner ($100,000+ salary)
  • Can’t return to work
  • Permanent career change required
  • Lost earning capacity over decades

Sympathetic Plaintiff

  • Young (long life ahead)
  • Children depending on you
  • Pregnant at the time of the accident
  • Elderly (vulnerable)
  • Hard worker, good person

Egregious Defendant Conduct

  • Drunk driving
  • Texting while driving
  • Fleeing the scene
  • Prior DWI convictions
  • Commercial driver violations

Strong Evidence

  • Video of the accident
  • Multiple witnesses
  • Police report favors you
  • Electronic data (black box, ELD)
  • Expert witness testimony

Why Choose Attorney911 for Your Benbrook Car Accident Case

When you’re injured in a motor vehicle accident in Benbrook, you have many options for legal representation. Here’s why Attorney911 stands out from the crowd:

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 most powerful advantage. Lupe spent years working FOR insurance companies, learning their tactics from the inside. Now, he uses that knowledge to fight FOR accident victims. He knows:

  • How insurance companies value claims
  • Which IME doctors they favor (he hired them)
  • How they calculate settlements (he did it himself)
  • When their offers are artificially low
  • How to beat their algorithms

No other Benbrook car accident lawyer has this insider knowledge. As client Chad Harris said, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” We treat every client like family because we understand what you’re going through.

2. Multi-Million Dollar Results

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

  • Multi-million dollar settlement for a client who suffered a brain injury with vision loss
  • 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.
  • 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 speak for themselves. We don’t settle for lowball offers from insurance companies. We fight for the maximum compensation you deserve.

3. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court for the Northern District of Texas. This federal court experience is crucial for handling complex cases, including:

  • Trucking accidents involving interstate commerce
  • Cases against out-of-state defendants
  • Product liability claims against vehicle manufacturers
  • Cases with multiple liable parties

Our firm was also one of the few involved in the BP Texas City explosion litigation, demonstrating our ability to take on billion-dollar corporations and win.

4. Personal Attention from Experienced Attorneys

At Attorney911, you work directly with Ralph Manginello and Lupe Peña—not case managers or junior associates. As client Jamin Marroquin shared, “Mr. Manginello guided me through the whole process with great expertise… tenacious, accessible, and determined throughout the 19 months.”

We limit the number of cases we take so we can provide personal attention to each client. You’re not just a case number to us—you’re a person who needs help during a difficult time.

5. Contingency Fee – No Risk to You

We work on a contingency fee basis—you pay nothing unless we win your case. If we recover compensation for you, our fee is a percentage of the recovery. You may still be responsible for court costs and case expenses regardless of the outcome, but we advance these costs for you.

This means:

  • No upfront costs
  • No hourly fees
  • No financial risk to you
  • Free consultation to discuss your case

As client Glenda Walker said, “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.”

Frequently Asked Questions About Car Accidents in Benbrook

Immediate After Accident

1. What should I do immediately after a car accident in Benbrook?
If you’ve been in an accident in Benbrook:

  • 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 at 1-888-ATTY-911 for immediate legal guidance

2. Should I call the police even for a minor accident?
Yes. Always call the police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000.

3. Should I seek medical attention if I don’t feel hurt?
Absolutely. Many serious injuries don’t show symptoms immediately:

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

Insurance companies use delays in treatment against you. Get checked immediately.

4. What information should I collect at the scene?

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

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

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

6. How do I obtain a copy of the accident report?
In Benbrook, you can obtain the police report from the Benbrook Police Department or through the Texas Department of Transportation’s Crash Records Information System (CRIS).

Dealing with Insurance

7. Should I give a recorded statement to 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 on “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8

12. Why does insurance want me to sign a medical authorization?
They want unlimited access to your entire medical history to find pre-existing conditions to use against you. Never sign without attorney review.

Legal Process

13. Do I have a personal injury case?
You may have a case if:

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

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

14. When should I hire a car accident lawyer?
Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911 at 1-888-ATTY-911.

15. How much time do I have to file (statute of limitations)?
In Texas: 2 years from the date of the accident for personal injury, 2 years from the date of death for wrongful death. Miss it = case barred forever.

16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (reduced by your fault %). If 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?

  1. Investigation and evidence gathering
  2. Medical treatment to MMI
  3. Demand letter to insurance
  4. Negotiation
  5. Lawsuit if necessary
  6. Discovery
  7. Mediation
  8. 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 a contingency fee basis: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.

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

28. What does “no fee unless we win” mean?
You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.

29. How often will I get updates?
Attorney911 provides regular updates. As client Dame Haskett said, “Consistent communication and not one time did i call and not get a clear answer.”

30. Who will actually handle my case?
At Attorney911, you work directly with Ralph Manginello 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 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—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 own 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. See Section G for a detailed breakdown.

40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Government claims have special rules. You must file notice within 6 months (much shorter than the 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply. These cases are complex—you need an experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—the 6-month deadline is strict.

41. What if the other driver fled the scene (hit and run)?
File a police report immediately (hit and run is a criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is critical—gas stations, businesses, Ring doorbells, traffic cameras. Most footage is deleted within 7-30 days. We send preservation letters immediately. Texas allows UM stacking. We’ve recovered substantial settlements in hit and run cases through UM claims.

42. What if I’m an undocumented immigrant—can I still file a claim?
YES. 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 love to argue that “parking lot accidents are always 50/50 fault” (this is a lie). We prove fault through:

  • Surveillance video
  • Witness statements
  • Damage analysis
  • Traffic patterns

Texas comparative negligence rules apply. 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.

Benbrook-Specific Legal Resources

When you’re injured in a motor vehicle accident in Benbrook, it’s important to know your local resources:

Benbrook Police Department

  • Address: 5200 Winscott Rd, Benbrook, TX 76126
  • Phone: (817) 249-6410
  • Website: www.benbrook-tx.gov
  • Accident Reports: Available through the Benbrook Police Department or the Texas Department of Transportation’s Crash Records Information System (CRIS)

Tarrant County Courts

  • Tarrant County District Courts: Handle civil cases with damages over $250,000
  • Tarrant County Courts at Law: Handle civil cases with damages between $200 and $250,000
  • Justice of the Peace Courts: Handle cases with damages under $20,000

Local Hospitals and Trauma Centers

  • Texas Health Harris Methodist Hospital Southwest: 6100 Harris Pkwy, Fort Worth, TX 76132 (Level IV Trauma Center)
  • Baylor Scott & White All Saints Medical Center – Fort Worth: 1400 8th Ave, Fort Worth, TX 76104 (Level III Trauma Center)
  • John Peter Smith Hospital (JPS): 1500 S Main St, Fort Worth, TX 76104 (Level I Trauma Center)
  • Medical City Fort Worth: 900 8th Ave, Fort Worth, TX 76104 (Level II Trauma Center)

Texas Department of Transportation (TxDOT)

  • Fort Worth District Office: 2501 SW Loop 820, Fort Worth, TX 76133
  • Crash Reports: Available through CRIS

Texas Department of Public Safety (DPS)

  • Fort Worth Office: 3700 E Belknap St, Fort Worth, TX 76111
  • Driver License Services: For license suspension/reinstatement issues

Local Towing and Vehicle Storage

  • Benbrook Wrecker Service: (817) 249-1881
  • Tarrant County Wrecker Services: Various providers throughout the county

Rental Car Companies

  • Enterprise Rent-A-Car: 5312 Camp Bowie Blvd, Fort Worth, TX 76107
  • Hertz: 3000 S Hulen St, Fort Worth, TX 76109
  • Avis: 3000 S Hulen St, Fort Worth, TX 76109

Legal Aid and Support Services

  • Legal Aid of Northwest Texas: (817) 336-3943 (for low-income individuals)
  • Tarrant County Bar Association: (817) 338-4091 (for attorney referrals)
  • Mothers Against Drunk Driving (MADD): (817) 831-2233 (support for DUI victims)

Contact Attorney911 Today

If you or a loved one has been injured in a motor vehicle accident in Benbrook, don’t wait to get the help you need. Evidence disappears daily, and insurance companies are already building their case against you.

Call our Benbrook car accident lawyers today at 1-888-ATTY-911 for a free, no-obligation consultation.

We’re available 24/7 to answer your questions and help you understand your legal options. Remember, we don’t get paid unless we win your case. You have nothing to lose and everything to gain by calling us today.

Attorney911 | The Manginello Law Firm, PLLC
Serving Benbrook, Fort Worth, and all of Tarrant County
1-888-ATTY-911 (1-888-288-9911)

Hablamos Español – Lupe Peña and our team are ready to help Spanish-speaking clients.

Don’t let the insurance company take advantage of you. Call Attorney911 now and let us fight for the compensation you deserve.