Motor Vehicle Accidents in Killeen, Texas: Your Complete Guide to Legal Rights and Recovery
When Seconds Change Everything: Killeen’s Car Crash Reality
One moment, you’re driving down Fort Hood Street, stopped at the light near the Killeen Mall. The next, your world explodes in metal and glass. In that instant, life changes forever – injuries, medical bills, lost wages, and the overwhelming question: “What do I do now?”
If you’ve been injured in a motor vehicle accident in Killeen, Bell County, Texas, you’re not alone. Texas sees one crash every 57 seconds, with 251,977 people injured annually. In Killeen and surrounding Bell County, the dangers are real – from distracted drivers on Highway 190 to military personnel transitioning between Fort Hood and civilian roads.
At Attorney911, we understand what you’re going through. For over 25 years, Ralph Manginello and our team have been helping Killeen accident victims navigate the complex legal landscape after crashes. We know the local courts, the insurance adjusters handling Bell County claims, and the unique challenges faced by military families and civilians alike in our community.
This guide will walk you through everything you need to know about motor vehicle accidents in Killeen – from immediate steps to take after a crash to understanding your legal rights and maximizing your compensation. We’ll show you how insurance companies try to minimize your claim, and how our firm – including former insurance defense attorney Lupe Peña – uses insider knowledge to fight for the full compensation you deserve.
The Killeen Crash Epidemic: By the Numbers
Killeen and Bell County aren’t immune to Texas’ motor vehicle accident crisis:
- 1 crash every 57 seconds in Texas means Killeen sees multiple accidents daily
- 251,977 Texans injured annually – many right here in Bell County
- 4,150 fatalities statewide – lives changed forever, families devastated
- 1 person injured every 2 minutes 5 seconds – that’s how often someone’s life is disrupted
- 1 death every 2 hours 7 minutes – the tragic reality on Texas roads
In Killeen specifically, dangerous intersections like:
- Fort Hood Street and Central Texas Expressway
- Clear Creek Road and Rancier Avenue
- WS Young Drive and Stan Schlueter Loop
- The I-14/US-190 corridor near Fort Hood
These areas see frequent collisions due to high traffic volume, military personnel transitions, and the unique mix of local and through traffic.
18 Types of Motor Vehicle Accidents We Handle in Killeen
1. Car Accidents (Tier 1 – Most Common in Killeen)
The Reality in Killeen:
With over 140,000 residents and thousands of military personnel, Killeen sees its share of car accidents. From rear-end collisions on Highway 190 to intersection crashes at WS Young and Stan Schlueter Loop, these accidents often result in serious injuries.
Common Causes in Killeen:
- Distracted driving (especially near Fort Hood and shopping areas)
- Speeding on Highway 190 and I-14
- Failure to yield at busy intersections
- Running red lights (particularly at major thoroughfares)
- Following too closely (common on congested roads)
- DUI/DWI (Killeen’s nightlife and military culture contribute)
Common Injuries We See:
- Whiplash and soft tissue injuries (most common)
- Herniated discs (often requiring surgery)
- Broken bones and fractures (arms, legs, ribs)
- Traumatic brain injuries (TBI) – can be life-altering
- Spinal cord injuries (potentially causing paralysis)
- Internal organ damage (from seatbelt injuries or impact)
- PTSD and emotional trauma (especially for military personnel)
Attorney911 Case Result:
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
Why Choose Attorney911 for Your Killeen Car Accident:
Ralph Manginello has been handling car accident cases in Texas since 1998. Our firm has recovered millions for clients with injuries just like yours. We know how insurance companies try to minimize car accident claims, and we fight back with:
- Aggressive evidence preservation (surveillance footage from Killeen businesses)
- Medical expert testimony to prove injury severity
- Negotiation skills honed over 25+ years
- Trial experience when insurance companies refuse to pay fairly
Testimonial:
“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles
What to Do Next:
Every day you wait, evidence disappears. Surveillance footage from gas stations and businesses along Fort Hood Street and Highway 190 is typically deleted within 7-30 days. Call Attorney911 now at 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win your case.
2. 18-Wheeler and Trucking Accidents (Tier 1 – High Stakes in Killeen)
The Danger on Killeen’s Highways:
Killeen sits at the intersection of major trucking routes – I-14/US-190 and Highway 190 see heavy commercial traffic. The mix of military convoys, commercial trucks, and civilian vehicles creates a dangerous environment. When an 80,000-pound truck collides with a passenger vehicle, the results are often catastrophic.
Texas Trucking Statistics (2024):
- 39,393 commercial motor vehicle crashes in Texas
- 608 trucking fatalities – lives lost, families devastated
- 1,601 serious injuries from truck crashes
- Texas accounts for 11% of ALL fatal truck crashes nationwide – we’re the epicenter
- 549 fatal truck accidents resulted in 620 deaths
Why Trucking Accidents Are Different:
- Size disparity: An 18-wheeler weighs 20 times more than a passenger car
- Multiple liable parties: Driver, trucking company, cargo loader, manufacturer
- Higher insurance limits: $750,000 to $5,000,000+ policies
- Federal regulations: FMCSA rules create negligence per se opportunities
- Complex evidence: ELD data, black boxes, driver logs
FMCSA Regulations – What Trucking Companies Must Follow:
| Regulation | Requirement | What Happens When Violated |
|---|---|---|
| Hours of Service | Max 11 hours driving after 10 hours off-duty | Fatigue-related crashes |
| 14-Hour Window | Cannot drive beyond 14th consecutive hour on duty | Driver exhaustion |
| 30-Minute Break | Required after 8 cumulative hours driving | Increased accident risk |
| 60/70-Hour Limit | Cannot drive after 60/70 hours in 7/8 days | Chronic fatigue |
| ELD Mandate | Electronic logging devices required | Tampering with records |
| BAC Limit | 0.04% for commercial drivers (half of regular limit) | Impaired driving |
| Driver Qualifications | CDL requirements, medical certification | Unqualified drivers |
Attorney911 Case Result:
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”
Nuclear Verdicts Prove What’s Possible:
- 2024 Oncor Electric: $37.5 million verdict (distracted truck driver)
- 2024 New Prime I-35 pileup: $44.1 million verdict (6 deaths)
- 2024 Ben E. Keith (Fort Worth): $35 million settlement
- 2024 Lopez v. All Points 360 (Amazon): $105 million verdict
Why Attorney911 for Your Killeen Trucking Case:
- Federal court admission: Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas – essential for FMCSA cases
- BP explosion litigation: We’ve taken on billion-dollar corporations and won
- Insurance defense advantage: Lupe Peña knows how trucking companies defend claims
- Evidence preservation: We send preservation letters immediately to secure ELD data before it’s deleted (30-180 day window)
- Multi-million dollar results: We have a proven track record of recovering millions for trucking accident victims
The Urgency:
ELD (Electronic Logging Device) data can be overwritten in 30-180 days. Black box data from the truck can be lost. Witness memories fade. The trucking company’s insurance starts building their defense immediately.
Call Attorney911 NOW: 1-888-ATTY-911. We’ll send preservation letters to the trucking company, secure surveillance footage from nearby businesses, and start building your case before critical evidence disappears.
3. Drunk Driving Accidents (Tier 1 – Preventable Tragedies in Killeen)
The Sobering Reality:
Killeen’s mix of military culture, nightlife, and local bars creates a dangerous environment for drunk driving. In Texas, 1,053 people were killed in alcohol-impaired driving crashes in 2024 – that’s 25.37% of all traffic fatalities. Many of these tragedies occur right here in Bell County.
Killeen’s Drunk Driving Problem:
- Bars and restaurants along Rancier Avenue and Fort Hood Street
- Military personnel transitioning between Fort Hood and civilian life
- Late-night traffic from local nightlife spots
- The dangerous combination of alcohol and Texas’ wide-open roads
Texas Dram Shop Law (TABC § 2.02):
Texas holds bars, restaurants, and other establishments liable when they serve alcohol to obviously intoxicated patrons who then cause accidents. This means you may have claims against:
- The drunk driver
- The bar or restaurant that over-served them
- The liquor store that sold alcohol to an obviously intoxicated person
- The event venue (concerts, festivals)
- Social hosts (in limited circumstances)
Signs of Obvious Intoxication (When Establishments Are Liable):
| Physical Signs | Behavioral Signs |
|---|---|
| Slurred speech | Aggressive behavior |
| Bloodshot/glassy eyes | Loud, boisterous conduct |
| Unsteady gait/stumbling | Difficulty counting money |
| Impaired coordination | Fumbling with objects |
| Strong odor of alcohol | Memory lapses |
| Difficulty standing | Making inappropriate comments |
Why Drunk Driving Cases Are Different:
- Punitive damages available: For gross negligence and malice
- Multiple defendants: Driver + establishment(s)
- Criminal case strengthens civil case: DWI conviction helps prove liability
- Insurance can’t defend the indefensible: Drunk driving is hard to deny
Attorney911’s Criminal Defense Advantage:
Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), giving us unique insight into drunk driving cases. We’ve successfully defended DWI cases, which means we know how prosecutors and insurance companies approach these claims:
“Our client was charged with drunk driving based on a breath test. Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines. The charges were dismissed.”
“Our client drove home at 2:30 a.m., hit a curb and rolled his car, injuring a passenger. We learned that 1) police conducted no breath or blood test, 2) EMS didn’t note intoxication, 3) nurse notes from hospital were missing. Case dismissed on day of trial.”
“Our client was charged with DUI/DWI, state’s primary evidence was video field sobriety test. We succeeded in having case dismissed because our client did not appear drunk in the video.”
This criminal defense experience gives us an edge in civil drunk driving cases – we know how to prove liability and maximize your compensation.
What to Do If You’re Hit by a Drunk Driver in Killeen:
- Call police immediately – get a DWI investigation started
- Document everything – take photos, get witness information
- Seek medical attention – even if you feel fine
- Do NOT give recorded statement to any insurance company
- Call Attorney911 at 1-888-ATTY-911 – we’ll investigate the dram shop liability
Testimonial:
“Ralph is an AMAZING ATTORNEY. I have used him 2 TIMES FOR 2 separate cases the first case he got me an OFF DOCKET DISSMISSAL! And the other only 10 months probation. He gets the JOB DONE RIGHT!!!!” – Cassie Wright
Free Consultation: Call 1-888-ATTY-911. We don’t get paid unless we win your case.
4. Motorcycle Accidents (Tier 1 – High Risk in Killeen)
The Danger for Killeen Riders:
With Texas’ open roads and beautiful Hill Country nearby, Killeen attracts many motorcycle enthusiasts. However, Texas is one of the most dangerous states for motorcyclists, with 585 fatalities in 2024. In Bell County, riders face unique risks from:
- Military vehicles sharing the road
- Distracted drivers near Fort Hood
- Poor road conditions on some rural routes
- Drivers who don’t see motorcycles
Texas Motorcycle Statistics (2024):
- 585 motorcyclist fatalities (operators + passengers)
- 37% were NOT wearing helmets (despite Texas law)
- 90%+ of fatal victims are male
- Helmets reduce death risk by 37%
- Helmets reduce head injury risk by 69%
Texas Helmet Law:
- Under 21: Helmet REQUIRED
- 21 and over: May ride without helmet IF:
- Completed approved motorcycle safety course, OR
- Have $10,000+ medical insurance coverage
High-Crash Counties in Texas:
- Harris County (Houston)
- Dallas County
- Bexar County (San Antonio)
- Tarrant County (Fort Worth)
- Travis County (Austin)
Common Causes of Motorcycle Accidents in Killeen:
- Failure to yield right of way (most common – drivers don’t see motorcycles)
- Driver inattention/distraction (especially near Fort Hood and shopping areas)
- Unsafe lane changes (drivers cutting off motorcycles)
- Left-turn accidents (T-bone/head-on collisions at intersections)
- Speeding/reckless driving (both motorcyclists and other drivers)
The Comparative Negligence Trap:
Texas uses the 51% bar rule for comparative negligence. This means:
- If you’re 50% or less at fault, you can recover damages (reduced by your percentage of fault)
- If you’re 51% or more at fault, you recover NOTHING
Insurance companies ALWAYS try to blame the motorcyclist. They’ll argue:
- “You were speeding”
- “You weren’t paying attention”
- “You could have avoided the accident”
- “You were lane splitting” (illegal in Texas)
Lupe Peña’s Insider Advantage:
Lupe spent years working for insurance companies, making these exact arguments against motorcyclists. Now he uses that knowledge to defeat these tactics and prove the other driver’s fault.
Common Injuries in Motorcycle Accidents:
- Road rash (severe skin abrasions)
- Broken bones (legs, arms, pelvis, ribs)
- Traumatic brain injuries (even with helmets)
- Spinal cord injuries (potential paralysis)
- Internal injuries (from impact or being thrown)
- Amputations (from severe trauma)
- Fatalities (motorcyclists are 28 times more likely to die in a crash)
Attorney911’s Approach to Motorcycle Cases:
- Preserve evidence immediately – send preservation letters to secure surveillance footage
- Investigate liability thoroughly – accident reconstruction, witness statements
- Document injuries completely – medical records, expert testimony
- Counter comparative fault arguments – Lupe knows how insurance companies try to blame riders
- Maximize compensation – we don’t let insurance companies lowball motorcycle accident victims
What to Do After a Killeen Motorcycle Accident:
- Seek medical attention immediately (adrenaline masks injuries)
- Document everything – take photos of damage, injuries, scene
- Get witness information
- Do NOT give recorded statement to insurance without an attorney
- Call Attorney911 at 1-888-ATTY-911 – we’ll protect your rights
Testimonial:
“I lost everything… my car was at a total loss and because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return plus a brand new truck.” – Kiimarii Yup
Free Consultation: Call 1-888-ATTY-911. We don’t get paid unless we win your case.
5. Pedestrian Accidents (Tier 2 – Vulnerable in Killeen)
The Pedestrian Danger in Killeen:
Pedestrians are the most vulnerable road users. In Texas, 6,095 pedestrian crashes occurred in 2024, resulting in 768 fatalities. That means pedestrians account for 1% of all crashes but 19% of all roadway deaths. In Killeen, dangerous areas include:
- Busy intersections near Fort Hood
- Shopping areas like Killeen Mall and Market Heights
- Residential areas where children play
- Crosswalks near schools and parks
Killeen’s Pedestrian Problem:
- 119 pedestrians killed on Houston streets in 2023 (record high)
- Killeen’s mix of military personnel, shoppers, and residents creates pedestrian traffic
- Drivers distracted by phones or military transitions often don’t see pedestrians
- Poor lighting in some areas increases risk
Texas Law Protects Pedestrians:
Pedestrians ALWAYS have the right-of-way at intersections – even at unmarked crosswalks. Many drivers don’t know this. Texas law states: “Anytime there’s an intersection of two streets, the distance between them is a crosswalk” – even if it’s not marked.
Common Causes of Pedestrian Accidents in Killeen:
- Drivers failing to yield at crosswalks
- Distracted driving (especially near Fort Hood)
- Speeding in residential areas
- Poor visibility at night
- Left-turn accidents (drivers not seeing pedestrians)
- Drivers under the influence
- Backing out of parking spaces without looking
Common Pedestrian Injuries:
- Traumatic brain injuries (from hitting the ground or vehicle)
- Spinal cord injuries (potentially causing paralysis)
- Broken pelvis and legs (common from vehicle impact)
- Internal organ damage (from blunt force trauma)
- Fatalities (pedestrians have no protection)
Why Pedestrian Cases Are Complex:
- Insurance companies often blame the pedestrian (“jaywalking”)
- Comparative negligence arguments are common
- Severe injuries mean high medical bills and long recoveries
- Wrongful death cases require special legal knowledge
Attorney911’s Pedestrian Accident Experience:
We’ve handled numerous pedestrian accident cases in Killeen and Bell County, including:
- Military personnel hit while crossing near Fort Hood
- Children struck in school zones
- Elderly pedestrians hit in crosswalks
- Shoppers hit in parking lots
What to Do After a Killeen Pedestrian Accident:
- Seek medical attention immediately (internal injuries may not be obvious)
- Call police to file a report
- Document everything – take photos of injuries, scene, vehicle damage
- Get witness information
- Do NOT give recorded statement to insurance
- Call Attorney911 at 1-888-ATTY-911 – we’ll protect your rights
Testimonial:
“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” – Stephanie Hernandez
Free Consultation: Call 1-888-ATTY-911. We don’t get paid unless we win your case.
The 48-Hour Evidence Preservation Protocol: What to Do Immediately After a Killeen Accident
Hour 1-6: Immediate Crisis Response
Safety First:
If you can move safely, get to a secure location away from traffic. Turn on hazard lights and set up flares if available.
Call 911:
Report the accident and request medical assistance if anyone is injured. Even if injuries seem minor, adrenaline can mask serious conditions.
Medical Attention:
If injured, get to the ER immediately. Common injuries like traumatic brain injuries and internal bleeding may not show symptoms right away. In Killeen, consider these medical facilities:
- Scott & White Medical Center – Temple (Level I Trauma Center, 20 minutes from Killeen)
- Seton Medical Center Harker Heights (Emergency care)
- Carl R. Darnall Army Medical Center (For military personnel)
Document Everything:
- Take photos of ALL vehicle damage (every angle)
- Photograph the accident scene, road conditions, traffic signals
- Take photos of visible injuries
- Screenshot any messages visible on your phone (do NOT delete anything)
Exchange Information:
- Other driver’s name, phone number, address
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, color
Witnesses:
- Get names and phone numbers of any witnesses
- Ask if they saw what happened
- Record their statements if possible
Call Attorney911:
1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company.
Hour 6-24: Evidence Preservation
Digital Preservation:
- Preserve all texts, calls, photos, videos related to the accident
- Do NOT delete anything from your phone
- Screenshot everything relevant
- Email copies to yourself for backup
Physical Evidence:
- Secure damaged clothing, glasses, personal items
- Keep receipts for any expenses (towing, rental car, medications)
- Do NOT repair your vehicle yet – preserve the damage
Medical Records:
- Request copies of all ER/hospital records
- Keep all discharge paperwork
- Follow up with your primary care physician within 24-48 hours
Insurance Communications:
- Note any calls from insurance companies
- Do NOT give recorded statements yet
- Do NOT sign anything
- Do NOT accept any settlement offers
- Say: “I need to speak with my attorney first”
Social Media:
- Make ALL profiles private immediately
- Do NOT post about the accident
- Do NOT post photos of injuries or activities
- Tell friends/family not to tag you in posts
Hour 24-48: Strategic Decisions
Legal Consultation:
- Speak with experienced motor vehicle accident attorney
- Call Attorney911: 1-888-ATTY-911 for free consultation
- Have your documentation ready
Insurance Response:
- If insurance contacts you, refer them to your attorney
- Say: “My attorney will be in touch with you”
- Provide only basic information: name, date of accident, that you were involved
Settlement Offers:
- Do NOT accept or sign anything without lawyer review
- Early offers are ALWAYS lowball offers
- You don’t know extent of your injuries yet
Evidence Backup:
- Upload all screenshots and photos to cloud storage
- Email copies to yourself and family member
- Create written timeline of events while memory is fresh
Week One Priorities
Medical Follow-Up:
- Continue documenting all injuries
- See specialists if recommended
- Follow ALL doctor recommendations (insurance watches for gaps)
- Get written work restrictions if needed
Investigation Begins:
- Attorney obtains police report
- Preservation letters sent to all parties
- Surveillance footage secured before deletion
- Witness statements recorded
Communication:
- Attorney handles ALL insurance communication
- You focus on recovery
- Document any pressure from insurance or other parties
Why Evidence Disappears: The Urgency Timeline
| Timeframe | What Disappears | Why It Matters |
|---|---|---|
| Day 1-7 | Witness memories begin fading | Details become uncertain, witnesses harder to locate |
| Day 7-30 | Surveillance footage deleted | Gas stations: 7-14 days, retail stores: 30 days, traffic cameras: 30 days |
| Month 1-2 | Insurance companies solidify defense | Adjusters build file against you, settlement position hardens |
| Month 2-6 | Trucking ELD data deleted | Can be overwritten in 30-180 days |
| Month 6-12 | Witnesses graduate/move away | Memories severely degraded, hard to locate |
| Month 12-24 | Approaching statute of limitations | Creates pressure to settle, evidence severely degraded |
This is why calling Attorney911 immediately is CRITICAL. We send preservation letters within 24 hours of retention to:
- Other driver and their insurance
- Trucking companies
- Businesses near scene
- Employers
- Property owners
- Government entities
These letters LEGALLY REQUIRE evidence preservation before automatic deletion.
Texas Motor Vehicle Law: What Killeen Accident Victims Need to Know
1. Statute of Limitations (Texas Civil Practice & Remedies Code § 16.003)
| Claim Type | Time Limit | Starts From |
|---|---|---|
| Personal Injury | 2 years | Date of accident |
| Wrongful Death | 2 years | Date of death |
| Property Damage | 2 years | Date of damage |
| Government Claims | 6 months notice | Date of incident |
| Minors | Tolled until 18 | Then 2 years |
Exceptions:
- Discovery Rule: SOL may start later if injury/cause not immediately discoverable
- Defendant Absence: Tolled if defendant leaves Texas
- Mental Incapacity: Tolled during incapacity
CRITICAL: Miss the deadline = case BARRED forever. Cannot be extended or waived.
2. Comparative Negligence (Texas Civil Practice & Remedies Code § 33.001)
Texas uses modified comparative negligence with a 51% bar:
| Your Fault % | Case Value | Your Recovery |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 10% | $100,000 | $90,000 |
| 25% | $250,000 | $187,500 |
| 40% | $500,000 | $300,000 |
| 50% | $500,000 | $250,000 |
| 51% | $500,000 | $0 |
Why This Matters in Killeen:
Insurance companies will try to assign you maximum fault to reduce their payment. Even small percentages cost you thousands:
- 10% fault on $100,000 case = $10,000 less for you
- 25% fault on $250,000 case = $62,500 less for you
- 40% fault on $500,000 case = $200,000 less for you
Lupe Peña’s Insider Advantage:
Lupe spent years working for insurance companies, making these comparative fault arguments. Now he uses that knowledge to counter their tactics and protect your compensation.
3. Texas Minimum Auto Insurance (30/60/25)
| Coverage | Minimum Required |
|---|---|
| Bodily Injury – Per Person | $30,000 |
| Bodily Injury – Per Accident | $60,000 |
| Property Damage – Per Accident | $25,000 |
Uninsured Motorist Statistics:
- 15.4% of US motorists are uninsured (approximately 1 in 7 drivers)
- UM/UIM coverage is critical for protection
- Texas allows inter-policy stacking
4. Dram Shop Liability (Texas Alcoholic Beverage Code § 2.02)
Bars, restaurants, and other establishments can be held liable if they serve alcohol to obviously intoxicated patrons who then cause accidents.
Elements to Prove:
- Establishment served patron who was obviously intoxicated
- Over-service was proximate cause of accident/damages
Potentially Liable Parties in Killeen:
- Bars and nightclubs along Rancier Avenue
- Restaurants serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Social hosts (limited circumstances)
5. Punitive Damages
Available for gross negligence, fraud, or malice. Common in drunk driving cases.
Cap: Greater of $200,000 OR (2x economic damages + 1x non-economic damages, max $750,000 for non-economic portion)
Proving Liability: Building Your Killeen Accident Case
To win your motor vehicle accident case in Texas, you must prove four elements of negligence:
1. Duty of Care
All drivers have a legal duty to operate their vehicles safely, including:
- Obeying traffic laws
- Maintaining proper lookout
- Controlling speed
- Commercial drivers have heightened duty (FMCSA regulations)
2. Breach of Duty
The at-fault driver violated their duty of care through:
- Speeding
- Running red lights
- Texting while driving
- DUI/DWI
- Failure to yield
- Following too closely
3. Causation
The breach of duty directly caused your injuries. Must prove:
- “But for” test: But for the defendant’s actions, you would not have been injured
- Injuries must be foreseeable result of negligent conduct
4. Damages
You suffered actual harm:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Permanent impairment
Evidence Types and Sources for Killeen Cases
Physical Evidence:
- Vehicle damage photographs (all angles)
- Skid marks, debris, road damage
- Damaged personal property (clothing, glasses, phone)
- Weather and road conditions documentation
Documentary Evidence:
- Police accident report (critical for Killeen cases)
- 911 call recordings
- Traffic camera footage (from Killeen intersections)
- 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
Attorney911’s Evidence Preservation:
Within 24 hours of retention, we send preservation letters to:
- Other driver and their insurance company
- Trucking companies (for commercial vehicle accidents)
- Businesses near the scene (for surveillance footage)
- Employers (if work-related)
- Property owners
- Government entities
Damages and Compensation: What Killeen Victims Can Recover
Economic Damages (No Cap in Texas):
| Damage Type | What It Covers |
|---|---|
| Medical Expenses (Past) | ER, hospital, surgery, doctors, physical therapy, medications, medical equipment |
| Medical Expenses (Future) | Ongoing treatment, future surgeries, lifetime medications, long-term care |
| Lost Wages (Past) | Income lost from date of accident to present |
| Lost Earning Capacity (Future) | Reduced ability to earn income in the future |
| Property Damage | Vehicle repair or replacement, personal property |
| Out-of-Pocket Expenses | Transportation to medical appointments, home modifications, household help |
Non-Economic Damages (No Cap Except Medical Malpractice):
| Damage Type | What It Covers |
|---|---|
| Pain and Suffering | Physical pain from injuries, both past and future |
| Mental Anguish | Emotional distress, anxiety, depression, fear, PTSD |
| Physical Impairment | Loss of physical function, disability, limitations |
| Disfigurement | Scarring, permanent visible injuries affecting appearance |
| Loss of Consortium | Impact on marriage/family relationships, loss of companionship |
| Loss of Enjoyment of Life | Inability to participate in activities you previously enjoyed |
Punitive/Exemplary Damages (Capped):
- Available for gross negligence, fraud, or malice
- Drunk driving cases often qualify
- Cap: Greater of $200,000 OR (2x economic + 1x non-economic max $750,000)
Settlement Ranges for Common Injuries in Killeen
Soft Tissue Injuries (Whiplash, Sprains, Strains):
Medical Treatment:
- Emergency room: $2,000-$5,000
- Follow-up doctor visits: $1,000-$3,000
- Physical therapy (6-12 weeks): $3,000-$7,000
- Medications: $300-$1,000
- Total Medical: $6,000-$16,000
Lost Wages: $2,000-$10,000 (2-6 weeks missed work)
Pain & Suffering: $8,000-$35,000
SETTLEMENT RANGE: $15,000-$60,000
Higher if: Permanent pain, restrictions on activities, chronic condition develops
Broken Bone (Single, Simple Fracture):
Medical Treatment:
- Emergency room and X-rays: $3,000-$6,000
- Orthopedic consultation: $500-$1,500
- Casting and follow-up: $2,000-$5,000
- Physical therapy: $3,000-$8,000
- Total Medical: $10,000-$20,000
Lost Wages: $5,000-$15,000 (4-8 weeks missed work)
Pain & Suffering: $20,000-$60,000
SETTLEMENT RANGE: $35,000-$95,000
Broken Bone (Requiring Surgery – ORIF):
Medical Treatment:
- Emergency room: $5,000-$10,000
- Surgery (Open Reduction Internal Fixation): $25,000-$50,000
- Hospital stay (2-3 days): $6,000-$15,000
- Follow-up care: $3,000-$8,000
- Physical therapy (3-6 months): $8,000-$15,000
- Total Medical: $47,000-$98,000
Lost Wages: $10,000-$30,000 (3-6 months)
Pain & Suffering: $75,000-$200,000
SETTLEMENT RANGE: $132,000-$328,000
Herniated Disc (Conservative Treatment):
Medical Treatment:
- Emergency room and initial treatment: $3,000-$6,000
- MRI: $2,000-$4,000
- Physician visits and pain management: $5,000-$12,000
- Physical therapy (3-6 months): $8,000-$15,000
- Epidural steroid injections (series of 3): $3,000-$6,000
- Medications: $1,000-$3,000
- Total Medical: $22,000-$46,000
Lost Wages: $8,000-$25,000
Pain & Suffering: $40,000-$100,000
SETTLEMENT RANGE: $70,000-$171,000
Herniated Disc (Surgery Required):
Medical Treatment:
- Initial treatment and diagnostics: $8,000-$15,000
- Failed conservative treatment: $10,000-$20,000
- Spinal surgery (microdiscectomy or fusion): $50,000-$100,000
- Hospital stay: $8,000-$20,000
- Post-surgical care and follow-up: $5,000-$15,000
- Physical therapy (6-12 months): $10,000-$20,000
- Pain management: $5,000-$15,000
- Total Past Medical: $96,000-$205,000
Future Medical: $30,000-$100,000 (ongoing pain management, possible revision surgery)
Lost Wages: $20,000-$50,000 (6-12 months recovery)
Lost Earning Capacity: $50,000-$400,000 (if can’t return to physical job)
Pain & Suffering: $150,000-$450,000
SETTLEMENT RANGE: $346,000-$1,205,000
Traumatic Brain Injury (Moderate to Severe):
Medical Treatment:
- Emergency room and trauma care: $10,000-$30,000
- Hospital/ICU stay (1-4 weeks): $50,000-$200,000
- Neurosurgery if required: $75,000-$200,000
- Acute rehabilitation facility: $30,000-$100,000
- Neurologist follow-up care: $10,000-$30,000
- Neuropsychological testing: $3,000-$8,000
- Cognitive therapy: $15,000-$50,000
- Medications: $5,000-$20,000
- Total Past Medical: $198,000-$638,000
Future Medical (Life Care Plan): $300,000-$3,000,000+ depending on severity
Lost Wages: $50,000-$200,000
Lost Earning Capacity: $500,000-$3,000,000+
Pain & Suffering: $500,000-$3,000,000+
SETTLEMENT RANGE: $1,548,000-$9,838,000
Attorney911 Documented Result:
“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”
Spinal Cord Injury / Paralysis:
Lifetime Care Costs by Level:
| Injury Level | First Year | Each Year After | Lifetime Total |
|---|---|---|---|
| High Tetraplegia (C1-C4) | $1,200,000-$1,500,000 | $200,000-$250,000 | $6,000,000-$13,000,000+ |
| Low Tetraplegia (C5-C8) | $850,000-$1,100,000 | $75,000-$100,000 | $3,700,000-$6,100,000+ |
| Paraplegia (T1-L5) | $500,000-$750,000 | $70,000-$90,000 | $2,500,000-$5,250,000+ |
SETTLEMENT RANGE: $4,770,000-$25,880,000
Amputation:
Medical Treatment:
- Emergency care and surgery: $80,000-$200,000
- Hospital stay: $50,000-$150,000
- Rehabilitation: $30,000-$100,000
- Initial prosthetic fitting: $10,000-$30,000
- Total Past Medical: $170,000-$480,000
Future Medical (Lifetime Prosthetics):
- Basic prosthetic leg: $5,000-$15,000 every 3-5 years
- Advanced computerized prosthetic: $50,000-$100,000 every 3-5 years
- Over lifetime (30-50 years): $500,000-$2,000,000
SETTLEMENT RANGE: $1,945,000-$8,630,000
Attorney911 Documented Result:
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
Wrongful Death (Working Age Adult):
Economic Damages:
- Funeral and burial: $10,000-$20,000
- Medical expenses before death: $50,000-$500,000
- Lost financial support to family (present value): $1,000,000-$4,000,000
Non-Economic Damages:
- Loss of companionship, society, love: $500,000-$3,000,000
- Loss of advice and counsel: $100,000-$500,000
- Mental anguish (family members): $250,000-$1,500,000
SETTLEMENT RANGE: $1,910,000-$9,520,000
Attorney911 Documented Result:
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”
The Insurance Company Playbook: How They Try to Screw You
“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. Now he uses that knowledge FOR victims. He knows EXACTLY what they’re doing because he did it himself.
Tactic #1: Quick Contact & Recorded Statement (Days 1-3)
What They Do:
Within 24-72 hours of your accident, insurance adjusters contact you – often while you’re:
- Still in the hospital
- On pain medication
- Scared about your future
- Confused about the legal process
They act friendly and helpful:
- “We just want to help you”
- “We need your side of the story”
- “This is routine”
- “It’ll only take a few minutes”
What They’re Really Doing:
They’re building their defense against you with leading questions:
| Question They Ask | What They Want You to Say |
|---|---|
| “You’re feeling better now though, right?” | Trap you into saying you’re improving |
| “It wasn’t that bad of an impact, was it?” | Minimize collision severity |
| “You were able to walk away from the scene?” | Suggest injuries not serious |
| “Were you distracted at all?” | Get you to admit distraction |
| “How fast were you going?” | Hope you overestimate or say “I don’t know” |
Everything is recorded and will be used against you.
The Truth:
- You are NOT required to give a recorded statement to the other driver’s insurance
- Giving a statement without an attorney ALMOST ALWAYS hurts your case
- Insurance companies know this – that’s why they push so hard
How Attorney911 Counters:
Once you hire us:
- We become your voice
- All calls go through us
- You don’t talk to adjusters
- We prepare you properly if a statement becomes necessary
- We sit with you during any statements
We know their questions because Lupe asked them for years.
Tactic #2: Quick Settlement Offer (Weeks 1-3)
What They Do:
Within days or weeks, they offer quick money:
- Typical offers: $2,000-$5,000
- Sometimes $10,000-$15,000 if they’re scared
- Sounds good when you have zero money and mounting bills
They create artificial urgency:
- “This offer expires in 48 hours”
- “I can only get approval for this amount right now”
- “Take it or leave it”
- “This is our final offer” (it’s not)
The Trap:
You don’t know the extent of your injuries yet.
| What Happens | Result |
|---|---|
| Day 3: Insurance offers $3,500 “final settlement” | You’re desperate, in pain, scared |
| You sign the release | You think it’s over |
| Week 6: MRI shows herniated disc requiring surgery | Surgery costs $100,000 |
| TOO LATE | You signed release, can’t reopen claim |
| You pay $100,000 out of pocket | Insurance pays nothing more |
RELEASE IS PERMANENT AND FINAL.
How Attorney911 Counters:
NEVER settle before Maximum Medical Improvement (MMI) – when you’ve reached your best possible recovery. This could be 6 months, 12 months, or longer depending on your injuries.
We know these 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-hired doctor paid to minimize your injuries.
How They Choose IME Doctors:
- Based on who gives insurance-favorable reports
- Doctors who consistently find “no injury” or “pre-existing condition”
- Doctors paid $2,000-$5,000 per exam by insurance companies
- Repeat business = repeat favorable reports
What Happens at the 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 complete medical records to the IME doctor first
- We challenge biased IME reports with our own medical experts
- Lupe knows these specific doctors and their biases – he hired them for years
Tactic #4: Delay and Financial Pressure (Months 6-12+)
What They Do:
They drag your case out hoping you 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:
Insurance Companies Have:
- Unlimited time
- Unlimited resources
- No financial pressure
- Earning interest on YOUR settlement money
You Have:
- Mounting bills
- Zero income
- Creditors threatening
- Need money NOW
Financial Desperation Makes You Accept Less:
- Month 1: You’d reject $5,000 offer
- Month 6: You’d seriously consider $5,000
- Month 12: You’d BEG for $5,000 just to end the nightmare
How Attorney911 Counters:
- We file lawsuit to force deadlines
- We set depositions to compel their cooperation
- We prepare for trial to show we’re serious
- Lupe understands delay tactics because he used them – knows when to push
Tactic #5: Surveillance and Social Media Monitoring
What They Do:
They hire private investigators to:
- Video you doing daily activities
- Film from public places (your driveway, street, stores)
- Follow you to appointments, errands, social activities
- Look for ANY activity contradicting injury claims
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 | We proved metadata was pre-accident |
| Restaurant Check-in | Facebook check-in at restaurant | “Partying and having fun” | Sitting quietly having dinner |
| Friend’s Comment | Friend posted “Had fun yesterday!” | Evidence of non-injury | Client was resting at home |
| Walking Dog | Video of client walking dog slowly | “Not disabled” | Doctor RECOMMENDED short walks |
| Smiling in Photo | Family photo smiling | “Not in pain – she’s smiling!” | Everyone smiles for photos |
7 Rules for Clients:
- Make ALL profiles private immediately
- DON’T post about accident, injuries, activities, emotions, case
- DON’T check in anywhere
- Tell friends/family: don’t tag, don’t post about you
- Don’t accept friend requests from strangers (fake profiles)
- BEST: Stay off social media entirely during case
- Assume EVERYTHING is being monitored
Lupe’s Insider Quote:
“I’ve reviewed hundreds of surveillance videos and social media posts as defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life – they’re building ammunition against you.”
Tactic #6: Comparative Fault Arguments
What They Do:
They try to assign you MAXIMUM fault to reduce their payment:
- “You were speeding” (without evidence)
- “You weren’t paying attention” (speculation)
- “You could have avoided this” (hindsight bias)
- “You were distracted” (guessing)
- “You contributed to this accident” (shifting blame)
Why They Do This:
Texas’ 51% bar rule means:
- If you’re 51% or more at fault, you get NOTHING
- If you’re 50% or less at fault, your damages are reduced by your percentage
Even Small Fault Percentages Cost Thousands:
- 10% fault on $100,000 case = $10,000 less for you
- 25% fault on $250,000 case = $62,500 less for you
- 40% fault on $500,000 case = $200,000 less for you
How Attorney911 Counters:
- Aggressive liability investigation
- Accident reconstruction proving other driver’s fault
- Witness statements supporting your version
- Police report analysis emphasizing citations
- Expert testimony on perception-reaction time
- Lupe knows their fault arguments because he made them for years – now he defeats them
Colossus: How Insurance Companies ACTUALLY Value Your Claim
Lupe Knows This From the Inside – He Used These Systems
How Colossus Works:
- Data Entry: Adjuster inputs injury codes, treatment, costs, jurisdiction
- Coding: Injuries coded using standardized medical terms
- Calculation: Software applies algorithms to determine “value”
- Range Output: System provides recommended settlement range
- Authority: Adjuster typically cannot exceed without supervisor approval
How Insurance Manipulates Colossus:
| Manipulation | Effect |
|---|---|
| Low Injury Codes | “Soft tissue strain” instead of “disc herniation” reduces value 50-100% |
| Excessive Treatment Flags | Therapy beyond “normal” range triggers reduction |
| Conservative Treatment Penalty | Chiropractic valued less than MD |
| Pre-Existing Reduction | Any prior condition used to reduce value |
| Jurisdiction Factor | Low-verdict counties get lower values |
Why Lupe’s Experience Matters:
- 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 defense attorney
Why Choose Attorney911 for Your Killeen Motor Vehicle Accident Case
1. Insurance Defense Insider Advantage
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
What This Means for Your Case:
- We know their tactics because Lupe used them
- We anticipate their strategies before they deploy them
- We know how they value claims internally
- We know which IME doctors they favor
- We know how to beat their algorithms
- We speak their language
No other firm in Killeen has this advantage.
2. Multi-Million Dollar Results
Attorney911 has recovered millions for victims of:
- Brain injuries: “Multi-million dollar settlement for client who suffered brain injury with vision loss”
- Amputations: “This case settled in the millions”
- Trucking wrongful death: “Recovered millions of dollars in compensation”
- Maritime injuries: “Significant cash settlement”
Our results prove we don’t settle cheap.
3. Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas.
Why This Matters:
- Complex cases often end up in federal court
- FMCSA trucking regulations are federal
- Diversity jurisdiction for out-of-state defendants
- Federal court requires different skills than state court
BP Explosion Litigation: “Our firm is one of the few firms in Texas to be involved in BP explosion litigation”
4. Personal Attention
What Clients Say:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad Harris
“I never felt like ‘just another case’ they were working on.” – Ambur Hamilton
“Ralph reached out personally.” – Dame Haskett
“Consistent communication and not one time did i call and not get a clear answer.” – Dame Haskett
You work directly with Ralph or Lupe, not a case manager assembly line.
5. Contingency Fee – No Risk to You
“We don’t get paid unless we win your case.”
- Free consultation
- No upfront costs
- No hourly billing
- We advance all case costs
- You pay nothing unless we recover for you
What Our Killeen Clients Say
Communication & Care:
“Melanie was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.” – Brian Butchee
“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” – Stephanie Hernandez
“Special thank you to my attorney, Mr. Pena, for your kindness and patience with my repeated questions.” – Chelsea Martinez
“Leonor and Amanda were amazing, they walked me through everything with my car accident.” – Kelly Hunsicker
Results & Speed:
“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.” – Donald Wilcox
“Leonor is the best!!! She was able to assist me with my case within 6 months.” – Tymesha Galloway
“Mariela and Zulema have done such a fantastic job…gone above and beyond to get my case settled quickly!” – Hannah Garcia
“Highly recommend! They moved fast and handled my case very efficiently.” – Nina Graeter
Switching From Other Attorneys:
“In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” – Greg Garcia
“Ralph Manginello took his bogus case and had it dismissed within a WEEK! I have been trying for over 2 years.” – Beth Bonds
“They took over my case from another lawyer and got to working on my case.” – CON3531
Spanish Language Services:
“The support provided at Manginello Law Firm was excellent…They worked hard to do their best.” – Maria Ramirez
“Especially Miss Zulema, who is always very kind and always translates.” – Celia Dominguez
“Melani, thank you for your excellent work.” – Miguel J. mayo bermudez
“They solved in a couple of months what others did nothing about in two years.” – Angel Walle
Ralph’s Personal Involvement:
“Attorney Manginello is so knowledgeable but straight to the point…responded quickly even while he was away.” – S M
“He listened intently heard my concerns and issues and immediately began working to protect my rights.” – Ken Taylor
“Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined throughout the 19 months.” – Jamin Marroquin
“Ralph Manginello is indeed the best attorney I ever had..He cares greatly about his results.” – AMAZIAH A.T
“Ralph has kept me up to date on the case, checked in on me.” – Manraj
Overall Excellence:
“Best lawyers in the city…fast return..and they really care about their clients.” – Dean Jones
“Very professional and got good results.” – Monty Cazier
“Mr. Manginello got us a nice result in my wife’s injury.” – Bill Spragg
“Mr. Maginello and his firm are first class. Will fight tooth and nail for you.” – Ernest Cano
“They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.” – Glenda Walker
“I was rear-ended and the team got right to work…I also got a very nice settlement.” – MONGO SLADE
“This place feels like having a family over your case. And communication with you every step of the way. That’s how you know you’re in good hands.” – Kiwi Potato
Celebrity Endorsements:
“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.” – Jacqueline Johnson
“You know if TraeAbn tells you it’s the right way to go best attorney out here you can’t go wrong” – Erica Perales
Frequently Asked Questions About Killeen Motor Vehicle Accidents
Immediate After Accident
1. What should I do immediately after a car accident in Killeen?
If you’ve been in an accident in Killeen:
- 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 other driver
- Get witness names and phone numbers
- Do NOT give recorded statement to any insurance company
- Call Attorney911: 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.
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 Killeen?
You can obtain the police report from the responding agency 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 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 settlement before knowing full extent of 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 in Killeen?
Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911: 1-888-ATTY-911
15. How much time do I have to file (statute of limitations)?
In Texas: 2 years from date of accident for personal injury, 2 years from date of death for wrongful death. Miss it = case barred forever.
16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (reduced by your fault %). If 51%+ at fault, you get nothing.
Watch our video: “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4
17. What happens if I was partially at fault?
You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.
18. Will my case go to trial?
Most cases settle before trial. But Attorney911 prepares every case AS IF it’s going to trial. That’s what gives us leverage.
Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc
19. How long will my case take to settle?
Depends on injury severity. We don’t settle until you’ve reached maximum medical improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.
20. What is the legal process step-by-step?
- Investigation and evidence gathering
- Medical treatment to MMI
- Demand letter to insurance
- Negotiation
- Lawsuit if necessary
- Discovery
- Mediation
- Trial if needed
Watch our video: “What Is the Process for a Personal Injury Claim?” at https://www.youtube.com/watch?v=XwzYymneDVs
Compensation
21. What is my case worth?
Depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, insurance available. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).
22. What types of damages can I recover?
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of enjoyment of life
- Property damage
23. Can I get compensation for pain and suffering?
Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is NO CAP on pain and suffering (except medical malpractice).
24. What if I have a pre-existing condition?
You can still recover if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule.
25. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries is NOT taxable. Punitive damages ARE taxable. Consult a tax professional.
26. How is the value of my claim determined?
Based on: medical bills, future treatment costs, lost income, permanent impairment rating, comparable verdicts, severity of injuries, impact on daily life.
Attorney Relationship
27. How much do car accident lawyers cost in Killeen?
Attorney911 works on a contingency fee basis: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.
Watch our video: “How Do Contingency Fees Work?” at https://www.youtube.com/watch?v=upcI_j6F7Nc
28. What does “no fee unless we win” mean?
You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.
29. How often will I get updates on my case?
Attorney911 provides regular updates. As client Dame Haskett said: “Consistent communication and not one time did i call and not get a clear answer.”
30. Who will actually handle my case?
At Attorney911, you work directly with Ralph Manginello and Lupe Peña, not just paralegals. As Chad Harris said: “You are NOT just some client…You are FAMILY to them.”
31. What if I already hired another attorney in Killeen?
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 recorded statement without attorney
- Accepting 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 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 severity of 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 defendants take victims as they find them. We hire medical experts to prove the difference between your pre-accident condition and post-accident condition.
37. Can I switch attorneys if I’m unhappy with my current lawyer in Killeen?
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. Call 1-888-ATTY-911 to discuss switching.
38. What if the insurance company is my own insurance (UM/UIM claim)?
Uninsured/Underinsured Motorist claims are against YOUR insurance when the other driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation. Texas allows inter-policy stacking (combining multiple UM policies). Lupe’s insurance knowledge is critical for maximizing UM/UIM recovery.
39. How do you calculate pain and suffering?
Most commonly using the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering. The multiplier depends on: injury severity, permanency, impact on life, clear liability. 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 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply. These cases are complex—you need experienced attorney. Call 1-888-ATTY-911 immediately—6-month deadline is strict.
41. What if the other driver fled the scene (hit and run)?
File police report immediately (hit and run is criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is CRITICAL—gas stations, businesses, Ring doorbells, traffic cameras. Most footage deleted 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 in Killeen?
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 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 with sensitivity while protecting your rights.
Killeen-Specific Resources for Accident Victims
Medical Facilities:
- Scott & White Medical Center – Temple (Level I Trauma Center, 20 minutes from Killeen)
- Seton Medical Center Harker Heights (Emergency care)
- Carl R. Darnall Army Medical Center (For military personnel)
Legal Resources:
- Bell County District Courts (For civil lawsuits)
- Killeen Municipal Court (For traffic citations)
- Texas Department of Transportation (TxDOT) (For crash reports)
Support Services:
- Killeen Police Department (For accident reports)
- Bell County Sheriff’s Office (For unincorporated areas)
- Texas Workforce Commission (For lost wage claims)
- Social Security Administration (For disability benefits)
Military Resources (For Fort Hood Personnel):
- Carl R. Darnall Army Medical Center (Medical treatment)
- Fort Hood Legal Assistance Office (Initial legal advice)
- Army Emergency Relief (Financial assistance)
Why Killeen Accident Victims Trust Attorney911
Killeen is a unique community – home to Fort Hood, military families, and hardworking civilians. We understand the challenges faced by:
- Military personnel transitioning between service and civilian life
- Families dealing with the aftermath of accidents
- Workers injured on the job or commuting
- Students and young drivers
- Elderly residents
Our office serves Killeen and all of Bell County, including:
- Harker Heights
- Copperas Cove
- Nolanville
- Belton
- Temple
- Fort Hood
We know the local courts, the insurance adjusters handling Bell County claims, and the unique traffic patterns that lead to accidents in our community.
Testimonial from a Killeen-area client:
“I lost everything… my car was at a total loss and because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return plus a brand new truck.” – Kiimarii Yup
The Attorney911 Difference: How We Handle Your Killeen Case
1. Immediate Action
Within 24 hours of retention, we:
- Send preservation letters to all parties
- Secure surveillance footage before deletion
- Obtain police reports and 911 recordings
- Begin accident reconstruction analysis
2. Comprehensive Investigation
We investigate every aspect of your case:
- Accident reconstruction experts
- Witness interviews
- Electronic data retrieval (black boxes, ELDs)
- Medical record collection
- Insurance policy analysis
3. Medical Coordination
We help you get the treatment you need:
- Connect you with trusted medical providers
- Arrange transportation if needed
- Ensure consistent treatment (no gaps)
- Document all injuries thoroughly
4. Insurance Negotiation
We handle ALL communication with insurance companies:
- No recorded statements without us
- No lowball settlement offers
- No pressure to accept unfair settlements
- We speak their language because Lupe used to work for them
5. Trial Preparation
We prepare every case as if it’s going to trial:
- Jury research and focus groups
- Expert witness preparation
- Trial exhibit creation
- Mock trials when appropriate
6. Maximum Compensation
We fight for every dollar you deserve:
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Property damage
- Punitive damages when applicable
The Final Step: Call Attorney911 Now
If you’ve been injured in a motor vehicle accident in Killeen, Bell County, or anywhere in Texas, the time to act is NOW.
Evidence disappears daily:
- Surveillance footage deleted in 7-30 days
- ELD/black box data overwritten in 30-180 days
- Witness memories fade
- Insurance companies build their case against you
The 2-year statute of limitations is absolute.
Insurance companies are already working against you.
You don’t have to face this alone.
Attorney911 is here to help.
Call 1-888-ATTY-911 Now for a Free Consultation
- Free consultation – No obligation
- No fee unless we win – Zero risk to you
- We advance all costs – You pay nothing upfront
- Hablamos Español – Lupe Peña and our team are fluent
- 24/7 availability – We answer when you need us
Testimonial:
“This place feels like having a family over your case. And communication with you every step of the way. That’s how you know you’re in good hands.” – Kiwi Potato
Don’t wait. Call now: 1-888-ATTY-911
Serving Killeen, Harker Heights, Copperas Cove, Fort Hood, Belton, Temple, and all of Bell County, Texas.

