Motor Vehicle Accident Lawyers in DeSoto, Texas | Attorney911
If you’ve been injured in a car accident in DeSoto, Texas, you’re not alone. With over 251,977 people injured in Texas motor vehicle crashes last year alone – that’s one injury every 2 minutes and 5 seconds – DeSoto residents face real risks on our roads every day. Whether you were rear-ended on I-35, t-boned at a busy intersection, or struck by a distracted driver on Belt Line Road, the aftermath of a serious accident can leave you overwhelmed, in pain, and unsure of what to do next.
At Attorney911, we understand exactly what you’re going through. Our DeSoto car accident lawyers have been fighting for accident victims across Dallas County for over 25 years. With offices serving the entire Dallas-Fort Worth metroplex, we know the local courts, judges, and insurance adjusters who handle claims in DeSoto and surrounding communities like Lancaster, Duncanville, Cedar Hill, and Red Oak. When you call our legal emergency line at 1-888-ATTY-911, you’re not just getting a law firm – you’re getting a team of DeSoto accident attorneys who treat you like family.
Why DeSoto Accident Victims Choose Attorney911
After a serious accident in DeSoto, the last thing you need is to be treated like just another case number. That’s why our firm stands out from the high-volume settlement mills that dominate the Dallas area. When you work with Attorney911, you work directly with Ralph Manginello, our founding attorney with over 25 years of experience handling complex personal injury cases, or Lupe Peña, our associate attorney who spent years working for insurance companies and now uses that insider knowledge to fight for accident victims.
Our unique advantage is that we know exactly how insurance companies evaluate claims because Lupe used to calculate them himself. We’ve recovered millions for our clients, including multi-million dollar settlements for catastrophic injuries like traumatic brain injuries and amputations. And with Ralph’s admission to federal court in the Southern District of Texas, we have the capability to handle even the most complex cases against large corporations and commercial defendants.
As client Chad Harris shared: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” This personal attention is what sets us apart from other DeSoto car accident lawyers.
Common Types of Motor Vehicle Accidents in DeSoto
DeSoto’s location along major highways like I-35 and US-67, combined with heavy commuter traffic to Dallas and Fort Worth, creates unique accident risks for local residents. Our DeSoto accident attorneys handle all types of motor vehicle collisions, including:
Car Accidents in DeSoto (500-700 words)
Car accidents are the most common type of motor vehicle collision we see in DeSoto. With over 251,977 people injured in Texas car crashes last year – that’s one crash every 57 seconds – the risk is constant. In DeSoto, we frequently see accidents at busy intersections like Belt Line Road and Pleasant Run Road, as well as on major thoroughfares like I-35 and US-67.
Common causes of car accidents in DeSoto include:
- Distracted driving (380 Texas deaths in 2024)
- Speeding through residential neighborhoods
- Failure to yield at intersections
- Running red lights on Belt Line Road
- Following too closely on I-35
- Drunk driving (1,053 Texas deaths in 2024)
These accidents can result in serious injuries like:
- Whiplash and soft tissue injuries
- Herniated discs (common in rear-end collisions)
- Broken bones and fractures
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Internal organ damage
- Psychological trauma and PTSD
One of our recent cases involved a DeSoto client whose leg was injured in a car accident. During treatment, staff infections developed, and doctors had to perform a partial amputation. This case settled in the millions – not the $50,000 the insurance company initially offered.
As client Chavodrian Miles shared: “Leonor got me into the doctor the same day… it only took 6 months amazing.” This level of personal attention and results is what DeSoto accident victims can expect when they call Attorney911.
18-Wheeler/Trucking Accidents (500-700 words)
With I-35 running through Dallas County, DeSoto residents face significant risks from commercial truck traffic. Last year alone, there were 39,393 commercial motor vehicle crashes in Texas, resulting in 608 fatalities and 1,601 serious injuries. Texas accounts for 11% of all fatal truck crashes nationwide.
Trucking accidents are particularly devastating due to the size disparity – an 80,000-pound 18-wheeler versus a 4,000-pound passenger car creates catastrophic outcomes. In DeSoto, we frequently see trucking accidents on I-35 near the I-20 interchange, as well as on US-67 and along industrial corridors.
Federal Motor Carrier Safety Administration (FMCSA) regulations are critical in these cases:
- Drivers can only drive 11 hours after 10 consecutive hours off-duty
- Cannot drive beyond the 14th consecutive hour on duty
- Must take a 30-minute break after 8 hours of driving
- Limited to 60/70 hours on duty in 7/8 consecutive days
- Electronic Logging Devices (ELDs) are mandatory
Violations of these regulations can establish negligence per se, making your case stronger. Our firm has recovered millions for trucking accident victims, including families facing wrongful death cases.
As we’ve documented: “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.”
Drunk Driving Accidents (500-700 words)
Drunk driving remains a serious problem in DeSoto and across Texas. Last year, 1,053 people were killed in alcohol-impaired driving crashes in Texas – that’s 25.37% of all traffic fatalities. In Dallas County, we see far too many drunk driving accidents on weekend nights, particularly along Belt Line Road and near local bars and restaurants.
What many DeSoto residents don’t realize is that you can hold more than just the drunk driver responsible. Texas dram shop laws (TABC § 2.02) allow you to sue bars, restaurants, and other establishments that served alcohol to obviously intoxicated patrons who then caused accidents.
Signs of obvious intoxication include:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Strong odor of alcohol
- Aggressive or inappropriate behavior
- Difficulty with coordination
Potentially liable parties include:
- Bars and nightclubs
- Restaurants serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Social hosts (in limited circumstances)
Drunk driving cases often qualify for punitive damages, which are designed to punish gross negligence and deter future misconduct. Our firm has extensive experience with both the criminal and civil aspects of drunk driving cases.
Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA) gives us unique insight into these cases. We’ve successfully handled DWI cases where:
- Breathalyzer machines were improperly maintained (case dismissed)
- Police failed to administer breath or blood tests (case dismissed day of trial)
- Video evidence showed the client wasn’t actually intoxicated (case dismissed)
Motorcycle Accidents (300-450 words)
DeSoto and the surrounding Dallas County area see a significant number of motorcycle accidents each year. Last year, 585 motorcyclists were killed in Texas, with 37% not wearing helmets. Harris County leads the state in motorcycle fatalities.
Motorcycle accidents are particularly dangerous because riders have no physical protection. Common causes include:
- Drivers failing to yield right of way to motorcyclists
- Distracted drivers not seeing motorcycles
- Unsafe lane changes by other vehicles
- Left-turn accidents (T-bone collisions)
- Speeding and reckless driving
Texas law requires helmets for riders under 21, and for riders over 21 who haven’t completed a safety course or don’t have $10,000 in medical insurance. However, insurance companies often try to blame motorcyclists for their own injuries using the 51% comparative fault rule.
Lupe Peña’s experience working for insurance companies gives us an advantage in countering these arguments. He knows exactly how insurance adjusters try to shift blame to motorcyclists – and how to defeat those tactics.
Pedestrian Accidents (300-450 words)
DeSoto’s growing population and busy intersections create significant risks for pedestrians. Last year, there were 6,095 pedestrian crashes in Texas, resulting in 768 fatalities. Pedestrians account for just 1% of all crashes but 19% of all roadway deaths.
What many DeSoto residents don’t realize is that pedestrians always have the right-of-way at intersections – even at unmarked crosswalks. This means that anytime two streets intersect, the area between them is legally considered a crosswalk, even if it’s not painted.
Common pedestrian accident locations in DeSoto include:
- Belt Line Road near shopping centers
- Pleasant Run Road near schools
- Intersections along US-67
- Parking lots of local businesses
Pedestrian accidents often result in catastrophic injuries like:
- Traumatic brain injuries
- Spinal cord injuries
- Broken pelvis and legs
- Internal organ damage
- Fatalities
Rideshare Accidents (Uber/Lyft) (300-450 words)
With the growth of rideshare services in DeSoto, we’re seeing more accidents involving Uber and Lyft vehicles. These cases are particularly complex because insurance coverage depends on what the driver was doing at the time of the crash.
Rideshare insurance phases:
- Period 0 – Offline: App off, personal use – personal insurance only ($30K/$60K/$25K minimum)
- Period 1 – Waiting: App on, no ride request – $50K/$100K/$25K contingent coverage
- Period 2 – Accepted: Ride accepted, en route to pickup – $1,000,000 commercial coverage
- Period 3 – Transporting: Passenger in vehicle – $1,000,000 commercial coverage
Lupe Peña’s insurance defense background gives us unique insight into how rideshare companies value these claims. We know how to identify the correct insurance phase and maximize your recovery.
What to Do After a Car Accident in DeSoto
If you’ve been injured in a car accident in DeSoto, taking the right steps immediately can make a significant difference in your case:
48-Hour Immediate Action Protocol
Hour 1-6 (Immediate Crisis):
- Ensure safety first – move to a secure location if possible
- Call 911 to report the accident and request medical assistance
- Seek medical attention even if you feel fine (adrenaline masks injuries)
- Document everything: take photos of all vehicle damage, the accident scene, road conditions, and visible injuries
- Exchange information with the other driver(s): name, phone, address, insurance details, driver’s license number
- Get names and phone numbers of any witnesses
- Call Attorney911 at 1-888-ATTY-911 for immediate legal guidance before speaking to any insurance company
Hour 6-24 (Evidence Preservation):
- Preserve all digital evidence: texts, calls, photos, videos related to the accident
- Don’t delete anything from your phone
- Secure any damaged clothing, glasses, or personal items
- Keep receipts for all accident-related expenses
- Don’t give recorded statements to insurance companies
- Don’t sign anything without attorney review
- Make all social media profiles private immediately
Hour 24-48 (Strategic Decisions):
- Contact Attorney911 for a free consultation
- If insurance contacts you, refer them to your attorney
- Don’t accept any settlement offers without lawyer review
- Upload all evidence to cloud storage for backup
Evidence Deterioration Timeline
The urgency in taking these steps cannot be overstated. Evidence disappears quickly:
- 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 against you
- Month 2-6: Electronic data from trucks (ELD/black box) can be overwritten
- Month 6-12: Witnesses become harder to locate, memories degrade further
- Month 12-24: Approaching the 2-year statute of limitations deadline
At Attorney911, we move fast. Within 24 hours of being retained, we send preservation letters to:
- The other driver’s insurance company
- Trucking companies (for commercial vehicle accidents)
- Businesses near the accident scene
- Employers (if work-related)
- Property owners
- Government entities
- Vehicle manufacturers
These letters legally require evidence preservation before automatic deletion.
Texas Motor Vehicle Law Framework
Understanding Texas law is crucial for protecting your rights after an accident in DeSoto:
Statute of Limitations
Texas Civil Practice & Remedies Code § 16.003 establishes a 2-year deadline from the date of the accident to file a personal injury lawsuit. For wrongful death cases, the 2-year clock starts from the date of death. Missing this deadline means your case is barred forever.
Comparative Negligence (51% Bar Rule)
Texas uses a modified comparative negligence system. If you’re found to be 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.
This rule makes it critical to have experienced DeSoto car accident lawyers on your side. Insurance companies will always try to assign maximum fault to you to reduce their payment. Lupe Peña’s experience working for insurance companies gives us insight into how they make these arguments – and how to defeat them.
Texas Minimum Auto Insurance Requirements
Texas requires minimum coverage of:
- $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. This is why uninsured/underinsured motorist (UM/UIM) coverage is so important.
Proving Liability in Your DeSoto Accident Case
To win your case, we must prove four elements of negligence:
- Duty of Care: All drivers have a legal duty to operate their vehicles safely
- Breach of Duty: The at-fault driver violated this duty (speeding, distracted driving, etc.)
- Causation: The breach directly caused your injuries
- Damages: You suffered actual harm (physical, financial, emotional)
Our DeSoto accident attorneys use various types of evidence to prove these elements:
- Physical Evidence: Vehicle damage photos, skid marks, road conditions
- Documentary Evidence: Police reports, medical records, cell phone records
- Electronic Evidence: ELD data from trucks, black box/EDR data, GPS records
- Testimonial Evidence: Witness statements, expert testimony
In trucking cases, we also investigate:
- Driver qualification files
- Hours of service logs
- Vehicle maintenance records
- Cargo loading procedures
- Drug and alcohol testing results
Damages You Can Recover in a DeSoto Accident Case
Texas law allows accident victims to recover both economic and non-economic damages:
Economic Damages (No Cap in Texas):
- Past and future medical expenses
- Lost wages and lost earning capacity
- Property damage
- Out-of-pocket expenses (transportation, home modifications)
Non-Economic Damages (No Cap Except Medical Malpractice):
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of consortium
- Loss of enjoyment of life
Punitive Damages (Capped):
Available in cases of gross negligence, fraud, or malice. Common in drunk driving cases. Capped at the greater of $200,000 or 2x economic damages + 1x non-economic damages (max $750,000 for non-economic portion).
Settlement Ranges by Injury Type
| Injury Type | Settlement Range |
|---|---|
| Soft Tissue (Whiplash) | $15,000-$60,000 |
| Broken Bone (Simple) | $35,000-$95,000 |
| Broken Bone (Surgery) | $132,000-$328,000 |
| Herniated Disc (Conservative) | $70,000-$171,000 |
| Herniated Disc (Surgery) | $346,000-$1,205,000 |
| Traumatic Brain Injury | $1,548,000-$9,838,000 |
| Spinal Cord Injury | $4,770,000-$25,880,000 |
| Amputation | $1,945,000-$8,630,000 |
| Wrongful Death | $1,910,000-$9,520,000 |
These ranges are based on actual case outcomes and settlement data. The specific value of your case depends on factors like:
- Severity of injuries
- Medical treatment required
- Impact on your ability to work
- Degree of permanent impairment
- Clear liability
- Available insurance coverage
How Insurance Companies Try to Undervalue Your Claim
At Attorney911, we know exactly how insurance companies try to minimize your claim because Lupe Peña spent years working for them. Here are the six tactics they use against accident victims:
Tactic #1: Quick Contact & Recorded Statement
Within days of your accident, insurance adjusters 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”
- “This is routine, everyone does this”
- “It’ll only take a few minutes”
What they’re really doing is building their defense against you with leading questions designed to get you to say things that hurt your case:
| Question They Ask | What They Want You to Say |
|---|---|
| “You’re feeling better now though, right?” | That your injuries aren’t serious |
| “It wasn’t that bad of an impact, was it?” | That your injuries couldn’t be severe |
| “You were able to walk away from the scene?” | That you weren’t really hurt |
| “Were you distracted at all?” | That you share some blame |
| “How fast were you going?” | To get you to overestimate or say “I don’t know” |
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.
Tactic #2: Quick Settlement Offer
Within days or weeks of your accident, the insurance company will offer you quick money – typically $2,000-$5,000, sometimes $10,000-$15,000 if they’re worried. They’ll 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. What seems like a good offer when you’re desperate can be a fraction of what your case is really worth.
One of our DeSoto clients was offered $3,500 three days after her accident. She was in pain and scared about medical bills, so she considered taking it. Six weeks later, an MRI revealed a herniated disc requiring surgery – a $100,000 procedure. Because she hadn’t signed anything yet, we were able to help her. But if she had accepted that initial offer, she would have been responsible for the $100,000 surgery cost herself.
Tactic #3: “Independent” Medical Exam (IME)
After a few months, the insurance company will send you to an “independent” medical exam with a doctor they’ve hired. What they call “independent” is really anything but.
How insurance companies choose IME doctors:
- They select doctors who consistently give insurance-favorable reports
- Doctors who find “no injury” or “pre-existing condition” most of the time
- Doctors who are paid thousands by insurance companies ($2,000-$5,000 per exam)
- Repeat business depends on giving favorable reports
What happens at an IME:
- A 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation)
- The doctor rarely reviews your complete medical records beforehand
- They ask questions designed to elicit “I’m feeling better” responses
- 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 |
Lupe Peña’s insider knowledge gives us an advantage. He knows these specific doctors and their biases because he hired them when he worked for insurance companies. We prepare our clients extensively for these exams and challenge biased IME reports with our own medical experts.
Tactic #4: Delay and Financial Pressure
Insurance companies know that time is on their side. They’ll drag your case out with:
- “Still investigating your claim”
- “Waiting for medical records” (that we sent months ago)
- “Reviewing your file”
- “Need additional information”
- Ignoring calls and emails
- Taking weeks to respond to simple questions
Why delay works:
- Insurance companies have unlimited time and resources
- They earn interest on your settlement money while delaying
- You have mounting bills, zero income, and creditors threatening
- Financial desperation makes you accept less
What happens:
- 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
At Attorney911, we counter this by:
- Filing lawsuits to force deadlines
- Setting depositions to make them produce witnesses
- Preparing for trial to show we’re serious
- Using Lupe’s knowledge of their delay tactics to push back
Tactic #5: Surveillance and Social Media Monitoring
Insurance companies hire private investigators to:
- Video you doing daily activities from public places
- Follow you to appointments, errands, and social activities
- Look for any activity that contradicts your injury claims
- One video of you bending over can be used to claim “not really injured”
They also monitor ALL your social media:
- Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
- Screenshot everything: photos, posts, check-ins, comments, likes
- Monitor your friends’ profiles for posts mentioning you
- Use facial recognition to find photos you’re tagged in
- Archive your entire social media history
Examples we’ve defended against:
| Example | What Happened | What Insurance Claimed | Reality |
|---|---|---|---|
| Old Gym Photo | Gym photo from 3 years ago | Presented as recent, contradicting injury claims | We proved metadata showed it was pre-accident |
| Restaurant Check-in | Facebook check-in at restaurant | “Partying and having fun” | Client was 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 for recovery |
| Smiling in Photo | Family photo where client is smiling | “Not in pain – she’s smiling!” | Everyone smiles for photos |
7 Rules for Clients:
- Make ALL social media profiles private immediately
- DON’T post about your accident, injuries, or case
- DON’T check in anywhere
- Tell friends/family not to tag you or post about you
- Don’t accept friend requests from strangers (fake profiles)
- BEST: Stay off social media entirely during your case
- Assume EVERYTHING is being monitored
Lupe Peña’s insider perspective is invaluable here. As he 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
Insurance companies will 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 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, we counter these arguments with:
- Aggressive liability investigations
- 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 these fault arguments because he made them for years – now he defeats them.
Why Choose Attorney911 for Your DeSoto Accident Case
When you’re injured in a car accident in DeSoto, you have many options for legal representation. Here’s why accident victims choose Attorney911:
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, calculating claim values and deploying defense tactics. Now he uses that knowledge to fight FOR victims, not against them. He knows:
- How insurance companies value claims internally
- Which IME doctors they favor (he hired them)
- How they calculate settlement offers
- Their delay and financial pressure tactics
- How to beat their algorithms
No other DeSoto car accident lawyer has this insider perspective.
2. Multi-Million Dollar Results
Our track record speaks for itself:
- “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”
- “In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions”
- “At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation”
- “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”
As client Glenda Walker shared: “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 admission is crucial for:
- Complex trucking cases involving FMCSA regulations
- Cases against large corporations
- Multi-state defendants
- High-value catastrophic injury cases
Our involvement in BP explosion litigation demonstrates our capability to take on billion-dollar corporations and win.
4. Personal Attention You Won’t Find Elsewhere
At Attorney911, you’re not just another case number. As client Chad Harris said: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
Other firms might pass you off to paralegals or junior associates, but at Attorney911:
- You work directly with Ralph Manginello or Lupe Peña
- We answer your calls and return messages promptly
- We keep you informed every step of the way
- We treat you with the respect and care you deserve
As Stephanie Hernandez shared: “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 believe that everyone deserves high-quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis:
- Free consultation
- No upfront costs
- No hourly fees
- We advance all case expenses
- You pay nothing unless we win your case
As client Donald Wilcox experienced: “One company said they would not except my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
Frequently Asked Questions About DeSoto Car Accidents
Immediate After Accident
1. What should I do immediately after a car accident in DeSoto?
If you’ve been in an accident in DeSoto:
- 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. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000. The police report is critical evidence for your case.
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 DeSoto, you can obtain the police report from the DeSoto 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/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 in negotiations.
Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc
19. How long will my case take to settle?
Depends on injury severity. We don’t settle until you’ve reached maximum medical improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.
20. What is the legal process step-by-step?
- Investigation and evidence gathering
- Medical treatment to MMI
- Demand letter to insurance
- Negotiation
- Lawsuit if necessary
- Discovery
- Mediation
- Trial if needed
Watch our video: “What Is the Process for a Personal Injury Claim?” at https://www.youtube.com/watch?v=XwzYymneDVs
Compensation
21. What is my case worth?
Depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, insurance available. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).
22. What types of damages can I recover?
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of enjoyment of life
- Property damage
23. Can I get compensation for pain and suffering?
Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is NO CAP on pain and suffering (except medical malpractice).
24. What if I have a pre-existing condition?
You can still recover if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule.
25. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries is NOT taxable. Punitive damages ARE taxable. Consult a tax professional.
26. How is the value of my claim determined?
Based on: medical bills, future treatment costs, lost income, permanent impairment rating, comparable verdicts, severity of injuries, impact on daily life.
Attorney Relationship
27. How much do car accident lawyers cost?
Attorney911 works on contingency: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.
Watch our video: “How Do Contingency Fees Work?” at https://www.youtube.com/watch?v=upcI_j6F7Nc
28. What does “no fee unless we win” mean?
You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.
29. How often will I get updates?
Attorney911 provides regular updates. As client Dame Haskett said: “Consistent communication and not one time did I call and not get a clear answer.”
30. Who will actually handle my case?
At Attorney911, you work directly with Ralph Manginello and Lupe Peña, not just paralegals. As Chad Harris said: “You are NOT just some client… You are FAMILY to them.”
31. What if I already hired another attorney?
You can switch. As client Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
Mistakes to Avoid
32. What common mistakes can hurt my case?
- Giving a recorded statement without an attorney
- Accepting a quick settlement
- Delaying medical treatment
- Gaps in treatment
- Posting on social media
- Signing releases or authorizations
- Not documenting everything
Watch our video: “Client Mistakes That Can Ruin Your Case” at https://www.youtube.com/watch?v=r3IYsoxOSxY
33. Should I post about my accident on social media?
NO. Make all profiles private. Don’t post about the accident, injuries, or activities. Insurance monitors everything.
34. Why shouldn’t I sign anything without a lawyer?
Releases are PERMANENT. Medical authorizations give unlimited access. Settlement offers are binding. Once signed, you can’t undo it.
35. What if I didn’t see a doctor right away?
See one NOW. Explain you didn’t realize the severity of your injuries. Delayed symptoms are common. We can still help.
Additional Common Questions
36. What if I have a pre-existing condition?
You can still recover. If the accident AGGRAVATED your pre-existing condition, you’re entitled to compensation for the aggravation. The “eggshell plaintiff” rule means the defendant takes you as they find you. For example: if you had mild occasional back pain before the accident, and the accident caused a herniated disc requiring surgery, you recover for the NEW injury, not just the pre-existing pain. We hire medical experts to prove the difference. Lupe knows how insurance companies attack pre-existing conditions because he used this defense for years.
37. Can I switch attorneys if I’m unhappy with my current lawyer?
Yes. You can fire your attorney at any time. If your current lawyer 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 own insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation for UM/UIM claims. Texas allows inter-policy stacking (combining multiple UM policies). Lupe’s insurance knowledge is critical for maximizing UM/UIM recovery.
39. How do you calculate pain and suffering?
Most commonly using the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering. The multiplier depends on injury severity, permanency, impact on life, and clear liability. For example: $100,000 in medical bills × 4 multiplier = $400,000 for pain and suffering. Lupe calculated these for years – he knows how to justify higher multipliers.
40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Government claims have special rules. You must file notice within 6 months (much shorter than the 2-year statute of limitations). Sovereign immunity protects government entities, and damage caps may apply. These cases are complex – you need an experienced attorney. Ralph’s 25+ years includes government litigation experience. 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 – most footage is deleted within 7-30 days. We send preservation letters immediately to secure this evidence. Texas allows UM stacking. We’ve recovered substantial settlements in hit and run cases through UM claims.
42. What if I’m an undocumented immigrant – can I still file a claim?
Yes. Your immigration status does NOT affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses. Lupe is fluent in Spanish. Call 1-888-ATTY-911 – we protect your rights and your privacy.
43. What if the accident happened in a parking lot?
Parking lot accidents are fully compensable. Insurance companies often argue “parking lot accidents are always 50/50 fault” – this is a lie. We prove fault through surveillance video, witness statements, damage analysis, and traffic patterns. Texas comparative negligence rules apply. We’ve won many parking lot cases with clear liability findings.
44. What if I was a passenger in the at-fault vehicle?
You can sue the driver even if you were riding with them (friend, family member, Uber driver). You’re an innocent victim. The driver’s insurance covers passengers. No comparative fault issues (you weren’t driving). These cases often settle quickly because liability is clear. We handle the difficult conversation so you don’t have to.
45. What if the other driver died in the accident?
You can still pursue a claim against the deceased driver’s estate and insurance. The death doesn’t eliminate liability. The insurance policy still applies. The estate may have assets. Wrongful death laws protect both sides. These cases are emotionally complex but legally straightforward. We handle them with sensitivity while protecting your rights.
DeSoto-Specific Legal Resources
When you’re injured in an accident in DeSoto, knowing your local resources can help:
DeSoto Courts:
- DeSoto Municipal Court: 211 E Pleasant Run Rd, DeSoto, TX 75115
- Dallas County Civil Courts: Various locations in Dallas
- U.S. District Court, Northern District of Texas (Dallas Division): 1100 Commerce St, Dallas, TX 75242
Local Hospitals and Trauma Centers:
- Methodist Charlton Medical Center: 3500 W Wheatland Rd, Dallas, TX 75237 (Level III Trauma Center)
- Baylor Scott & White Medical Center – DeSoto: 2727 Bolton Boone Blvd, DeSoto, TX 75115
- Parkland Memorial Hospital: 5200 Harry Hines Blvd, Dallas, TX 75235 (Level I Trauma Center)
- Baylor University Medical Center: 3500 Gaston Ave, Dallas, TX 75246 (Level I Trauma Center)
Dangerous Intersections in DeSoto:
- Belt Line Road and Pleasant Run Road
- Belt Line Road and I-35E
- US-67 and Pleasant Run Road
- Belt Line Road and Wintergreen Road
- I-35E and FM 1382
Major Employers in DeSoto:
- DeSoto Independent School District
- Methodist Charlton Medical Center
- Walmart Distribution Center
- Amazon Fulfillment Center
- City of DeSoto
Why DeSoto Residents Trust Attorney911
DeSoto is more than just a suburb of Dallas – it’s a thriving community with its own unique character. From the DeSoto High School Eagles to the annual DeSoto Fourth of July celebration, this is a place where families grow and businesses thrive. When tragedy strikes on our roads, you need a law firm that understands DeSoto’s values and fights for its residents.
At Attorney911, we’re proud to serve DeSoto and the entire Dallas County area. Whether you were injured on I-35 during your commute to Dallas, in a parking lot accident at the DeSoto Town Center, or in a collision on Belt Line Road, we’re here to fight for you.
Our commitment to DeSoto goes beyond legal representation:
- We understand the local court system and know the judges who handle personal injury cases
- We’re familiar with the insurance adjusters who work claims in DeSoto
- We know the local hospitals and medical providers who treat accident victims
- We’re part of the Dallas County community and support local organizations
As client Kiimarii Yup shared: “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 Next
If you or a loved one has been injured in a car accident in DeSoto, time is critical. Evidence disappears daily, and insurance companies are already building their case against you.
Here’s how to get started:
- Call Attorney911 now at 1-888-ATTY-911 – our legal emergency line is always answered
- Schedule a free consultation – we’ll review your case at no cost to you
- Let us handle everything – we’ll investigate your accident, gather evidence, and fight for maximum compensation
- Focus on your recovery – we’ll handle the legal details while you heal
Remember:
- Free consultation – no obligation, no risk
- No fee unless we win – you pay nothing upfront
- Evidence disappears daily – call now before it’s too late
- Insurance companies are already working against you – don’t face them alone
As client Glenda Walker said: “They fought for me to get every dime I deserved.” Let us fight for you.
Call Attorney911 now at 1-888-ATTY-911 for your free consultation. Se habla español – Lupe Peña and our team are ready to help Spanish-speaking clients.
The Manginello Law Firm, PLLC | Attorney911
Serving DeSoto and all of Dallas County
1-888-ATTY-911 (1-888-288-9911)
Free consultation – No fee unless we win

