Car Accidents in Houston, Harris County, Texas: Complete Guide to Legal Rights & Recovery

If you’ve been injured in a car accident in Houston, Harris County, Texas, you’re not alone. With over 251,977 people injured in Texas motor vehicle crashes last year—one every 2 minutes and 5 seconds—Houston’s roads are among the most dangerous in the state. From the Galleria to the Energy Corridor, from I-10 to the 610 Loop, accidents happen daily, and the aftermath can be overwhelming.

At Attorney911, we understand what you’re going through. Ralph Manginello, our founder with over 25 years of experience handling car accident cases in Houston courts, leads our team in fighting for maximum compensation for accident victims across Harris County. Our firm includes Lupe Peña, a former insurance defense attorney who knows exactly how insurance companies try to minimize claims—and how to beat them at their own game.

This comprehensive guide will walk you through everything you need to know after a Houston car accident, from immediate steps to take at the scene to understanding your legal rights and the compensation you may be entitled to. We’ll also expose the insurance company tactics that could cost you thousands if you’re not prepared.

The Reality of Car Accidents in Houston

Houston’s unique combination of heavy traffic, complex highway systems, and diverse driving conditions creates a perfect storm for car accidents. With over 4.7 million residents in Harris County and millions more commuting daily, our roads see:

• 1 crash every 57 seconds in Texas (many right here in Houston)
• 1,053 alcohol-related fatalities in Texas last year (25.37% of all traffic deaths)
• 6,095 pedestrian crashes in Texas, with Houston leading the state in pedestrian deaths
• 39,393 commercial vehicle crashes, including many on Houston’s major trucking corridors

Common accident locations in Houston include:

• The I-10 Katy Freeway corridor (one of the most congested highways in America)
• The I-45 Gulf Freeway (often called the “deadliest road in North America”)
• The 610 Loop interchange with US-59
• Downtown intersections around the Theater District
• The Galleria area and Westheimer Road
• The Energy Corridor along I-10
• Beltway 8 and the Sam Houston Tollway

Whether you were rear-ended on the Southwest Freeway, T-boned at a red light in The Heights, or involved in a multi-vehicle pileup on the North Freeway, our experienced Houston car accident attorneys can help you navigate the complex legal and insurance landscape.

Common Causes of Car Accidents in Houston

Understanding what caused your accident is crucial for determining liability and building your case. In Houston, we commonly see:

1. Distracted Driving (380 deaths in Texas last year)

   • Texting while driving
   • Using navigation apps
   • Eating or drinking while driving
   • Adjusting music or climate controls
   • Talking to passengers

2. Speeding and Aggressive Driving

   • Exceeding posted speed limits
   • Racing on Houston highways
   • Tailgating
   • Unsafe lane changes
   • Running red lights and stop signs

3. Drunk Driving (1,053 fatalities in Texas)

   • Drivers leaving Houston bars and nightclubs
   • Weekend partygoers
   • Holiday celebrations
   • Drivers from Houston’s many breweries and distilleries

4. Failure to Yield Right of Way

   • Left-turn accidents at intersections
   • Merging onto highways
   • Entering traffic from parking lots
   • Pedestrian crosswalk violations

5. Weather-Related Accidents

   • Heavy rain and flooding (Houston’s frequent storms)
   • Fog in low-lying areas
   • Rare but dangerous icy conditions

6. Fatigued Driving

   • Shift workers from Houston’s energy sector
   • Truck drivers on long hauls
   • Medical professionals after long shifts at TMC hospitals

7. Mechanical Failures

   • Brake failures
   • Tire blowouts
   • Steering system malfunctions
   • Backup camera failures (multiple recalls in recent years)

8. Roadway Defects

   • Poorly maintained Houston roads
   • Construction zone hazards
   • Missing or damaged guardrails
   • Inadequate signage

Common Injuries from Houston Car Accidents

Car accidents can cause a wide range of injuries, from minor to catastrophic. At Attorney911, we’ve seen firsthand how these injuries impact our clients’ lives:

Soft Tissue Injuries

• Whiplash and neck strains
• Back sprains and strains
• Shoulder injuries
• Knee injuries

While these injuries may seem minor, they can cause chronic pain and require extensive physical therapy. Insurance companies often try to minimize soft tissue injuries, but our firm knows how to document their long-term impact.

Bone Fractures

• Broken arms and legs
• Rib fractures
• Pelvic fractures
• Facial fractures
• Spinal fractures

Broken bones often require surgery, casting, and months of rehabilitation. Some fractures can lead to permanent limitations, especially for manual laborers in Houston’s energy and construction sectors.

Head and Brain Injuries

• Concussions
• Traumatic brain injuries (TBI)
• Skull fractures
• Facial lacerations

Brain injuries can have lifelong consequences, affecting memory, concentration, and personality. The Texas Medical Center sees thousands of TBI patients each year from Houston car accidents.

Spinal Cord Injuries

• Herniated discs
• Bulging discs
• Spinal stenosis
• Complete or incomplete paralysis

Spinal injuries often require surgery and can result in permanent disability. The lifetime cost of care for spinal cord injuries can exceed $4 million.

Internal Injuries

• Internal bleeding
• Organ damage
• Punctured lungs
• Abdominal injuries

These injuries can be life-threatening and often require emergency surgery at Houston trauma centers like Memorial Hermann or Ben Taub.

Psychological Injuries

• Post-traumatic stress disorder (PTSD)
• Anxiety and depression
• Driving phobias
• Sleep disturbances
• Emotional distress

Up to 45% of car accident victims develop PTSD symptoms. These psychological injuries are just as real and compensable as physical injuries.

Catastrophic Injuries

• Amputations
• Severe burns
• Permanent disabilities
• Wrongful death

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. Catastrophic injuries change lives forever, and our firm fights for the compensation our clients need to rebuild their lives.

Who’s Liable in a Houston Car Accident?

Determining liability is crucial for your case. In Texas, multiple parties may be responsible:

1. The Other Driver – Most common defendant. Liable for negligent driving behaviors.

2. Vehicle Owners – If the at-fault driver was operating someone else’s vehicle with permission.

3. Employers – If the at-fault driver was working at the time (vicarious liability).

4. Government Entities – If poor road conditions or inadequate signage contributed to the accident.

5. Vehicle Manufacturers – If a defective part caused the accident (product liability).

6. Bars/Restaurants – In drunk driving cases (dram shop liability under Texas Alcoholic Beverage Code § 2.02).

7. Rideshare Companies – If the accident involved an Uber or Lyft driver.

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

• If you’re found to be 50% or less at fault, you can recover damages (reduced by your percentage of fault)
• If you’re found to be 51% or more at fault, you recover nothing

Insurance companies will try to assign you maximum fault to reduce their payout. Having a former insurance defense attorney like Lupe Peña on your side means we know exactly how they try to shift blame—and how to counter their arguments.

Why Houston Accident Victims Choose Attorney911

When you’re injured in a Houston car accident, you need more than just a lawyer—you need a legal emergency response team. Here’s why Attorney911 is the right choice:

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 Attorney911’s most powerful advantage. Lupe spent years working FOR insurance companies, learning:

• How they calculate claim values (Colossus software)
• What tactics they use to minimize payouts
• Which IME (Independent Medical Exam) doctors they favor
• How they set reserve amounts
• When they’re bluffing about policy limits

Now he uses that knowledge FOR accident victims. As Lupe explains:

“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.”

2. Multi-Million Dollar Results

Our track record speaks for itself. We’ve recovered millions for Houston car accident victims, including:

• A multi-million dollar settlement for a client who suffered a brain injury with vision loss
• A case where our client’s leg was injured in a car accident, developed staff infections, and required partial amputation (settled in the millions)
• Numerous trucking-related wrongful death cases where we’ve recovered millions for families

As client Glenda Walker shares:

“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.”

3. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court experience matters because:

• Complex cases often end up in federal court
• Federal judges have different procedures than state courts
• We’re one of the few firms in Texas involved in BP explosion litigation

4. Personal Attention You Won’t Get Elsewhere

At Attorney911, you’re not just a case number. As client Chad Harris describes:

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

You’ll work directly with Ralph or Lupe, not just paralegals. Our staff, including case manager Leonor, provides personalized support throughout your case. Stephanie Hernandez says:

“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.”

5. Contingency Fee – No Risk to You

We don’t get paid unless we win your case. There are:

• No upfront costs
• No hourly fees
• No hidden expenses
• Free consultations

As client Kiimarii Yup shares:

“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.”

What to Do After a Houston Car Accident: The 48-Hour Protocol

The actions you take in the first 48 hours after your accident can make or break your case. Evidence disappears quickly, and insurance companies start building their defense against you immediately.

Hour 1-6: Immediate Crisis Response

1. Ensure Safety

   • If you can move safely, get to the side of the road
   • Turn on hazard lights
   • Don’t move injured passengers unless absolutely necessary

2. Call 911

   • Report the accident
   • Request medical assistance if anyone is injured
   • Ask for police to respond to the scene

3. Seek Medical Attention

   • Even if you feel fine, get checked by EMS or go to the ER
   • Adrenaline masks pain—you may be more injured than you realize
   • Common hospitals for Houston accidents include:
     • Memorial Hermann Texas Medical Center
     • Ben Taub Hospital
     • Houston Methodist Hospital
     • CHI St. Luke’s Health
     • Texas Children’s Hospital (for pediatric cases)

4. Document Everything

   • Take photos of all vehicle damage (every angle)
   • Photograph the accident scene, road conditions, traffic signals
   • Take pictures of visible injuries
   • Screenshot any messages visible on your phone (don’t delete anything)

5. Exchange Information

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

6. Witness Information

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

7. Call Attorney911

   • Dial 1-888-ATTY-911 for immediate legal guidance
   • Don’t give recorded statements to any insurance company without us

Hour 6-24: Evidence Preservation

1. Digital Preservation

   • Preserve all texts, calls, photos, and videos related to the accident
   • Don’t 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)
   • Don’t 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
   • Don’t give recorded statements
   • Don’t sign anything
   • Don’t accept any settlement offers
   • Say: “I need to speak with my attorney first”

5. Social Media

   • Make all profiles private immediately
   • Don’t post about the accident
   • Don’t 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 car accident attorney
   • Call Attorney911 at 1-888-ATTY-911 for a free consultation
   • Have your documentation ready

2. 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)

3. Settlement Offers

   • Don’t accept or sign anything without lawyer review
   • Early offers are always lowball offers
   • You don’t know the full extent of your injuries yet

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 Priorities

1. Medical Follow-Up

   • Continue documenting all injuries
   • See specialists if recommended (orthopedists, neurologists, etc.)
   • Follow all doctor recommendations (insurance watches for gaps)
   • Get written work restrictions if needed

2. Investigation Begins

   • Attorney obtains police report
   • Preservation letters sent to all parties
   • Surveillance footage secured before deletion
   • Witness statements recorded

3. Communication

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

Evidence Deterioration Timeline: Why Time is Critical

Evidence disappears on a predictable schedule. Every day you wait reduces your case value:

Day 1-7

• Witness memories peak but begin fading immediately
• Physical evidence (skid marks, debris) is cleared
• Accident scene is cleaned up

Day 7-30

• Surveillance footage is deleted:
  • Gas stations: 7-14 days
  • Retail stores: 30 days
  • Ring doorbells: 30-60 days
  • Traffic cameras: 30 days
• Once deleted, footage is gone forever
• Witnesses become harder to locate

Month 1-2

• Insurance companies solidify their defense position
• Adjusters have built their case against you
• Vehicle repairs destroy evidence from vehicles
• Settlement positions harden

Month 2-6

• Trucking electronic data is deleted:
  • ELD (Electronic Logging Device) data: 30-180 days
  • Black box data: Can be automatically overwritten
  • GPS/telematics data: Varies by company
• Cell phone records become harder to obtain
• Social media posts are deleted

Month 6-12

• Witnesses graduate, move away, or forget details
• Medical evidence becomes harder to link to the accident
• Treatment gaps are used against you
• Financial desperation makes you vulnerable to lowball offers

Month 12-24

• Approaching the 2-year statute of limitations
• Creates pressure to settle (insurance knows you’re desperate)
• Evidence is severely degraded
• Case value is diminished

At Attorney911, we move fast 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 scene (for surveillance footage)
• Employers (for work-related accidents)
• Property owners (for security camera footage)
• Government entities (for traffic camera footage)
• Vehicle manufacturers (for black box data)

These letters legally require evidence preservation before automatic deletion.

Texas Car Accident Laws You Need to Know

Understanding Texas law is crucial for protecting your rights after a car accident in Houston:

1. Statute of Limitations (Texas Civil Practice & Remedies Code § 16.003)

• Personal Injury: 2 years from the date of the accident
• Wrongful Death: 2 years from the date of death
• Property Damage: 2 years from the date of damage
• Government Claims: 6 months notice requirement

Miss this deadline, and your case is barred forever. Don’t wait to call Attorney911 at 1-888-ATTY-911.

2. Comparative Negligence (Texas Civil Practice & Remedies Code § 33.001)

Texas uses a “modified comparative negligence” system with a 51% bar rule:

• 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 you maximum fault to reduce their payout. Even small percentages 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

Lupe’s insurance defense experience helps us counter these arguments effectively.

3. Minimum Auto Insurance Requirements

Texas requires all drivers to carry:

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

However, 15.4% of Texas drivers are uninsured. Your own Uninsured/Underinsured Motorist (UM/UIM) coverage can protect you in these situations.

4. Dram Shop Liability (Texas Alcoholic Beverage Code § 2.02)

Bars, restaurants, and liquor stores can be held liable if they served alcohol to someone who was obviously intoxicated and that person later caused an accident. Signs of obvious intoxication include:

• Slurred speech
• Bloodshot or glassy eyes
• Unsteady gait or stumbling
• Impaired coordination
• Aggressive or erratic behavior

5. No-Fault vs. At-Fault State

Texas is an “at-fault” state, meaning the at-fault driver’s insurance is responsible for compensating victims. This is different from “no-fault” states where each driver’s own insurance covers their injuries.

Proving Liability in Your Houston Car Accident Case

To win your case, we must prove four elements of negligence:

1. Duty of Care

   • All drivers have a legal duty to operate their vehicles safely
   • Must obey traffic laws, maintain proper lookout, and control speed

2. Breach of Duty

   • The at-fault driver violated their duty of care
   • Examples: speeding, running a red light, texting while driving, DUI

3. Causation

   • The breach of duty directly caused your injuries
   • “But for” test: But for the defendant’s actions, you would not have been injured
   • Injuries must be a foreseeable result of the negligent conduct

4. Damages

   • You suffered actual harm (physical, financial, emotional)
   • Must be quantifiable or demonstrable

At Attorney911, we gather evidence to prove each element:

Physical Evidence

• Vehicle damage photographs (all angles)
• Skid marks and road damage
• Damaged personal property (clothing, glasses, phone)
• Weather and road condition documentation

Documentary Evidence

• Police accident report
• 911 call recordings
• Traffic camera footage
• Surveillance footage from nearby businesses
• Medical records and bills
• Employment records (for lost wages)
• Cell phone records (proving distraction)

Electronic Evidence

• ELD (Electronic Logging Device) data from trucks
• Vehicle black box/EDR (Event Data Recorder)
• GPS/telematics data
• Dashcam footage
• Social media posts (theirs, not yours)

Testimonial Evidence

• Witness statements
• Expert witness testimony
• Medical expert opinions
• Accident reconstruction specialists

Damages You Can Recover After a Houston Car Accident

Texas law allows you to recover both economic and non-economic damages:

Economic Damages (No Cap in Texas)

• Medical Expenses (Past and Future): ER visits, hospital stays, surgeries, doctor visits, physical therapy, medications, medical equipment
• Lost Wages: Income lost from the date of the accident to the present
• Lost Earning Capacity: 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)

• 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 Damages (Capped)

Available for gross negligence, fraud, or malice:

• Drunk driving cases often qualify
• Cap: Greater of $200,000 OR (2x economic damages + 1x non-economic damages, capped at $750,000 for non-economic portion)

Settlement Ranges for Common Car Accident Injuries

The value of your case depends on the severity of your injuries, medical costs, lost wages, and impact on your life. Here are typical settlement ranges for common injuries:

Soft Tissue Injuries (Whiplash, Sprains, Strains)

• Medical Treatment: $6,000-$16,000
• Lost Wages: $2,000-$10,000
• Pain & Suffering: $8,000-$35,000
• Settlement Range: $15,000-$60,000

Broken Bones (Single, Simple Fracture)

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

Broken Bones Requiring Surgery

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

Herniated Disc (Conservative Treatment)

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

Herniated Disc Requiring Surgery

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

Traumatic Brain Injury (Moderate to Severe)

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

Our firm has achieved multi-million dollar settlements for brain injury cases, including a client who suffered a brain injury with vision loss.

Spinal Cord Injury / Paralysis

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

Amputation

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

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

Wrongful Death (Working Age Adult)

• Economic Damages: $1,060,000-$4,520,000
• Non-Economic Damages: $850,000-$5,000,000
• Settlement Range: $1,910,000-$9,520,000

Our firm has recovered millions for families facing trucking-related wrongful death cases.

How Insurance Companies Try to Cheat You: 6 Tactics Exposed

Insurance companies are not on your side. Their goal is to pay you as little as possible. Lupe Peña, our former insurance defense attorney, knows their playbook inside and out. Here are the tactics they use—and how we counter them:

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

What They Do:
Within hours or days of your accident, an insurance adjuster will contact you—often while you’re still in the hospital or on pain medication. They’ll act friendly and helpful, saying things like:

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

What They’re Really Doing:
They’re building their defense against you with leading questions designed to trap you:

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

Everything you say 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 sit with you during any statements

We know their questions because Lupe asked them for years—now we defeat them.

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

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
• It 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. Here’s what often happens:

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

The 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 their 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:
An insurance company-hired doctor whose job is 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 an IME:

• 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation)
• Rarely review your complete medical records beforehand
• Ask questions designed to elicit “I’m feeling better” responses
• Look for any reason to minimize 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)
• 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 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, forcing them to produce witnesses
• We prepare for trial, showing we’re serious
• Lupe understands delay tactics because he used them—he knows when to push

Tactic #5: Surveillance and Social Media Monitoring

What 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 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	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 Our 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: don’t tag you, don’t 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

As Lupe explains:

“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’s 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 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

How Attorney911 Counters:
We conduct an 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.

How Insurance Companies ACTUALLY Value Your Claim: Colossus Exposed

Most people think insurance companies evaluate claims fairly. They don’t. They use a computer program called Colossus to minimize payouts. Lupe knows this system inside and out—he used it for years.

How Colossus Works:

1. Data Entry: Adjuster inputs injury codes, treatment types, medical costs, lost wages, jurisdiction
2. Coding: Injuries are 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

Reserve Setting: The Hidden Leverage

What Reserves Are:

• Money the insurance company sets aside for your claim
• Based on worst-case scenario (their estimate of trial verdict)
• Adjuster usually cannot settle for more than reserve without approval

How We Increase Reserves:

• Hiring experts (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.

Medical Knowledge: Understanding Your Injuries

At Attorney911, we understand that your injuries aren’t just legal issues—they’re medical realities that affect your daily life. Here’s what you need to know about common car accident 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. We use medical experts to explain that symptom progression is normal for brain injuries.

Severity Classifications:

Classification	Characteristics
Mild TBI / Concussion	Brief LOC, 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 our client whose leg injury led to amputation)

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

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:

1. Acute Phase (Weeks 1-6): Severe pain, medications, rest. Cost: $2,000-$5,000
2. Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic. Cost: $5,000-$12,000
3. Interventional (If Conservative Fails): Epidural steroid injections. Cost: $3,000-$6,000
4. 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 is Critical:

• Detailed pain descriptions to doctors
• Consistent treatment (no gaps)
• MRI proving injury
• Physical therapy records
• Work restrictions documented

Psychological Injuries

PTSD After Motor Vehicle Accidents:

• 32-45% of accident victims develop PTSD symptoms
• Anxiety about driving again
• Fear of getting in cars
• Panic attacks near accident location
• Sleep disturbances, nightmares, flashbacks
• Avoidance behaviors

Compensable Psychological Damages:

• Mental anguish
• Emotional distress
• Anxiety and depression
• Loss of enjoyment of life
• Fear and worry
• Relationship impacts

Why Houston Accident Victims Choose Attorney911 Over Other Firms

When you’re injured in a Houston car accident, you have many options for legal representation. Here’s why Attorney911 stands out:

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 Attorney911’s most powerful advantage. Lupe spent years working FOR insurance companies, learning:

• How they calculate claim values using Colossus software
• What tactics they use to minimize payouts
• Which IME (Independent Medical Exam) doctors they favor
• How they set reserve amounts
• When they’re bluffing about policy limits

Now he uses that knowledge FOR accident victims. As Lupe explains:

“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 Houston has this advantage.

2. Multi-Million Dollar Results

Our track record speaks for itself. We’ve recovered millions for Houston car accident victims, including:

• A multi-million dollar settlement for a client who suffered a brain injury with vision loss
• A case where our client’s leg was injured in a car accident, developed staff infections during treatment, and required partial amputation (settled in the millions)
• Numerous trucking-related wrongful death cases where we’ve recovered millions for families

As client Glenda Walker shares:

“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.”

3. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court experience matters because:

• Complex cases often end up in federal court
• Federal judges have different procedures than state courts
• We’re one of the few firms in Texas involved in BP explosion litigation
• Federal court admission covers all of Harris County and Southeast Texas

4. Personal Attention You Won’t Get at Big Firms

At Attorney911, you’re not just a case number. As client Chad Harris describes:

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

You’ll work directly with Ralph or Lupe, not just paralegals. Our staff, including case manager Leonor, provides personalized support throughout your case. Stephanie Hernandez says:

“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.”

5. Contingency Fee – No Risk to You

We don’t get paid unless we win your case. There are:

• No upfront costs
• No hourly fees
• No hidden expenses
• Free consultations

As client Kiimarii Yup shares:

“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.”

6. Bilingual Services for Houston’s Diverse Community

Houston is one of the most diverse cities in America, and we serve all communities. Lupe Peña is fluent in Spanish, and our staff includes bilingual team members like Zulema. As client Celia Dominguez says:

“Especially Miss Zulema, who is always very kind and always translates.”

Whether you’re more comfortable in English or Spanish, we communicate clearly and compassionately throughout your case.

7. We Handle Cases Other Firms Won’t Touch

We take on complex cases that other firms avoid, including:

• Catastrophic injuries
• Wrongful death cases
• Cases with disputed liability
• Cases against large corporations
• Cases involving multiple liable parties

Our involvement in BP explosion litigation shows we can take on billion-dollar corporations and win.

8. Criminal Defense Capability for DWI Accidents

Many car accidents involve criminal charges like DWI. Ralph’s membership in the Harris County Criminal Lawyers Association (HCCLA) means we can handle both the civil and criminal aspects of your case. We’ve achieved:

• DWI dismissals based on improperly maintained breathalyzer machines
• DWI dismissals when police failed to conduct proper testing
• DWI dismissals when video evidence showed our client wasn’t drunk

This criminal defense experience strengthens our ability to handle drunk driving accident cases.

9. Community Trust and Recognition

Attorney911 is trusted by Houston’s community leaders, including:

• Trae Tha Truth, who has publicly endorsed our firm
• Over 250 five-star Google reviews
• Recognition from local media
• Trust from Houston’s diverse communities

As Jacqueline Johnson says:

“One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.”

10. We Prepare Every Case for Trial

Many firms claim to be trial lawyers, but few actually go to trial. We prepare every case as if it’s going to trial. This approach:

• Forces insurance companies to take us seriously
• Gives us leverage in negotiations
• Results in higher settlements
• Means we’re ready if trial becomes necessary

Our multi-million dollar results prove we don’t settle cheap.

Frequently Asked Questions About Houston Car Accidents

Immediate After Accident

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

• 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

2. Should I call the police even for a minor accident?
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.

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

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

Insurance companies use delays in treatment against you. Get checked immediately at a Houston hospital like Memorial Hermann or Ben Taub.

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 Houston, you can obtain the police report from:

• The responding agency (HPD, Harris County Sheriff, etc.)
• The Texas Department of Transportation’s Crash Records Information System (CRIS)
• Through your attorney at Attorney911

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

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

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

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

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

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

Mistakes to Avoid

32. What common mistakes can hurt my case?

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

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

33. Should I post about my accident on social media?
NO. Make all profiles private. Don’t post about the accident, injuries, or activities. Insurance monitors everything.

34. Why shouldn’t I sign anything without a lawyer?
Releases are PERMANENT. Medical authorizations give unlimited access. Settlement offers are binding. Once signed, you can’t undo it.

35. What if I didn’t see a doctor right away?
See one NOW. Explain you didn’t realize the severity of your injuries. Delayed symptoms are common. We can still help.

Additional Common Questions

36. What if I have a pre-existing condition?
You can still recover. If the accident AGGRAVATED your pre-existing condition, you’re entitled to compensation for the aggravation. “Eggshell plaintiff” rule: Defendant takes victim as they find them.

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 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.

Multiplier depends on:

• Injury severity
• Permanency
• Impact on life
• Clear liability

Example: $100,000 medical × 4 multiplier = $400,000 pain & suffering.

Lupe calculated these for years—he knows how to justify higher multipliers.

40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Government claims have special rules. You must file notice within 6 months (much shorter than the 2-year statute of limitations). Sovereign immunity protects government entities. 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 in 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 love to argue “parking lot accidents are always 50/50 fault” (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. 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.

Houston-Specific Resources

Houston Trauma Centers

• Level I:
  • Memorial Hermann Texas Medical Center (6411 Fannin St)
  • Ben Taub Hospital (1504 Taub Loop)
• Level II:
  • Houston Methodist Hospital
  • CHI St. Luke’s Health – Texas Medical Center
  • HCA Houston Healthcare Clear Lake
• Level III:
  • Memorial Hermann The Woodlands
  • Memorial Hermann Sugar Land
  • Houston Methodist Baytown

Harris County Courts

• Civil District Courts: Handle personal injury lawsuits over $200,000
• County Courts at Law: Handle cases between $200 and $200,000
• Justice of the Peace Courts: Handle cases under $20,000

Houston Police Department Divisions

• Traffic Enforcement Division: Investigates serious accidents
• Accident Investigation Unit: Handles fatal and serious injury accidents

Houston Dangerous Intersections

• I-10 & I-45 interchange
• I-45 & I-610 interchange
• I-10 & US-59 interchange
• Westheimer & Voss (Galleria area)
• FM 1960 & SH 6 corridor
• Bellaire & Wilcrest (Chinatown area)
• Bissonnet & Hillcroft

What to Do Next: Call Attorney911

If you or a loved one has been injured in a car accident in Houston or Harris County, don’t wait. Evidence disappears daily, and insurance companies are already building their case against you.

Call Attorney911 at 1-888-ATTY-911 for a free, no-obligation consultation. We’ll:

• Review your case at no cost
• Explain your legal rights
• Advise you on next steps
• Handle all insurance communications
• Fight for the maximum compensation you deserve

Remember: We don’t get paid unless we win your case. There’s no risk to you, and the consultation is free.

Don’t let the insurance company take advantage of you. With our insider knowledge, trial experience, and commitment to our clients, Attorney911 is your best choice for car accident representation in Houston.

Call now: 1-888-ATTY-911

Se habla español. Hablamos con usted en su idioma. Lupe Peña y nuestro equipo están listos para ayudar.