The Head-On Crash on FM 1788: What Happened and What It Means for You
You were driving north on FM 1788. It was late morning on a Friday — a road you’ve probably driven dozens of times, two lanes cutting through the Permian Basin flatland between Andrews and Midland. Then a cargo van came southbound, pulled left to pass the vehicle in front of it, and crossed directly into your lane. There was nowhere to go. The closing speed between two vehicles on a rural FM road can exceed 120 miles per hour combined. You are now at Midland Memorial Hospital, or you’ve been sent home from there, and the person who hit you did not survive. The Texas Department of Public Safety is investigating. An insurance adjuster may have already called. And the single question sitting on your kitchen table at 2 a.m. is the one nobody has answered for you: the other driver is dead — does that mean I have no claim?
No. It does not. Your claim is alive. The at-fault driver’s death does not extinguish your right to compensation in Texas. The liability that driver created by crossing into your lane survives — it passes to the estate, and the insurance policy on that vehicle is still in force. That is the first thing you need to hear, and it is the truth. Everything else in this page — the law, the evidence, the money, the medicine, the insurance company’s playbook — is here so you understand exactly how that claim is built, what it is worth, and what to do before the proof disappears and the adjuster’s narrative hardens into the official version of what happened to you.
We are Attorney911 — The Manginello Law Firm, PLLC. We handle car accident cases and commercial-vehicle crash cases across Texas, including the Permian Basin corridor where this crash happened. What follows is the full legal and practical picture — the same analysis we would give you on the phone, written out so you can read it at your own pace, at whatever hour you need it. This is legal information, not legal advice, and it is specific to Texas law and to the facts DPS has reported about this collision. Nothing here is a guarantee of an outcome. Past results depend on the facts of each case and do not guarantee future outcomes. But the law that protects you is real, and knowing it is the first layer of armor.
Can You Still Pursue a Claim When the At-Fault Driver Died?
Yes — and this is not a loophole or a technicality. It is a foundational principle of Texas law.
When a person negligently causes injury to another and then dies — even if they die in the same collision — their liability does not vanish. Texas law provides that a claim for personal injury survives the death of the person who caused it. The claim can be pursued against the deceased’s estate, through its personal representative or administrator. If no estate has been formally opened, one can be established for the purpose of resolving the claim. The practical source of recovery, in almost every case, is not the estate’s assets themselves but the auto liability insurance policy that covered the at-fault vehicle. That policy is a contract between the insurer and the deceased, and the insurer’s obligation to pay valid claims does not end when the insured dies.
Here is what this means for you on FM 1788: the cargo van that crossed into your lane had an insurance policy. That policy is still active. The insurer is still obligated to evaluate and pay your claim up to the policy limits. The fact that the at-fault driver was pronounced dead at the scene does not give the insurance company permission to close the file.
The southbound cargo van driver “attempted to pass another southbound vehicle to the left when it was unsafe to do so and crashed head-on into the Ford F-150.”
That is the Texas Department of Public Safety’s own preliminary finding. It establishes the core liability fact: a driver attempted a passing maneuver when oncoming traffic made it unsafe, crossed into the opposite lane, and caused a head-on collision. That finding does not change because the at-fault driver did not survive.
There is one more thing you need to know about the seatbelt. DPS reported that the cargo van driver was not wearing a seatbelt at the time of the crash. That fact is relevant to why the at-fault driver did not survive the collision — unrestrained occupants absorb far more of the crash’s destructive energy with their bodies. But it does not reduce the at-fault driver’s legal responsibility for causing the crash. The unsafe pass caused the collision. The seatbelt non-use affected the severity of the at-fault driver’s own injuries. Your claim is against the person who made the decision to pass when it was unsafe, and that liability is unaffected by whether that person buckled in.
Was the Cargo Van Commercially Operated? The Question That Could Change Everything
This is the single most important investigative question in your case, and it is the one the initial news coverage did not answer.
The vehicle was a 2022 Ford Cargo Van. In the Permian Basin, cargo vans of this type — typically Ford Transit models — are deployed overwhelmingly as commercial fleet vehicles. They are the workhorses of oilfield service, equipment delivery, contractor transport, and last-mile logistics across the Andrews-to-Midland corridor. A 22-year-old driver from Midland, operating a cargo van on FM 1788 on a weekday morning at 11 a.m., fits the profile of commercial or oilfield-related use. But the preliminary report did not confirm this, and assumption is not proof.
Why does it matter so much? Because the difference between a personally insured cargo van and a commercially insured one can be the difference between recovering from a $30,000 minimum policy and recovering from a commercial auto policy with limits of $1 million or more.
If the van was being driven in the course and scope of employment — delivering parts to a wellsite, transporting tools between facilities, running a route for a service company — then the employer is vicariously liable under Texas law for the negligence of its employee. That is the doctrine of respondeat superior, and it means the employer’s commercial auto insurance stands behind the claim. Commercial auto policies in the oilfield services sector commonly carry limits of $1 million, $2 million, or higher, plus excess and umbrella layers stacked above. The same crash, the same injuries, the same clear liability — but a dramatically different recovery ceiling.
If the van was registered to a business, carried commercial or fleet registration, bore USDOT markings, or was listed on a company’s vehicle inventory, those facts need to be discovered immediately. The vehicle’s registration and title records can be pulled from the Texas Department of Motor Vehicles. The van itself — sitting in a tow yard or salvage facility right now — may carry decals, magnetic signs, or bracket marks from removed company lettering. The driver’s employment status can be established through payroll records, workers’ compensation filings, and dispatch records.
We have handled Permian Basin oilfield and commercial vehicle cases and we know how this corridor works — the traffic patterns, the service companies, the fleet vehicles, the deadlines that push drivers to take risks on two-lane FM roads. If the cargo van was commercial, that single fact transforms the case. If it was not, the claim proceeds against the estate and the personal auto policy. Either way, the path exists. But the commercial question is the one that determines how far that path reaches.
Texas Law on Unsafe Passing: What the Rules Require on Rural FM Roads
Texas law governs overtaking and passing on two-lane roadways through the Texas Transportation Code. The doctrine is clear, even if you do not have the section number memorized: a driver may not pass another vehicle on the left unless the left side is clearly visible and free of oncoming traffic for a sufficient distance to permit the passing maneuver to be completed safely. When oncoming traffic is so close as to constitute a hazard, passing is prohibited. This is not a suggestion. It is a statutory duty, and violating it is negligence per se — meaning the violation of the traffic law itself establishes the breach of duty, without needing to separately prove that the driver acted unreasonably.
On a rural farm-to-market road like FM 1788, this rule carries particular weight. These roads were built for agricultural and local traffic, not for the volume and velocity of modern Permian Basin oilfield commerce. They are two lanes — one each direction — with no physical barrier separating oncoming traffic. The speed limit on FM roads in this corridor can be 65 or 70 miles per hour. At those speeds, a vehicle attempting to pass needs a clear sightline of hundreds of yards to complete the maneuver before meeting oncoming traffic. The closing speed between two vehicles approaching each other at 60 miles per hour each is 120 miles per hour — which means the distance between “plenty of room” and “no time to react” can close in seconds. A driver who misjudges that gap, or who pulls out to pass without a clear view, has made a decision that physics will not forgive.
The southbound cargo van driver “attempted to pass another southbound vehicle to the left when it was unsafe to do so and crashed head-on into the Ford F-150.”
DPS reached that finding as a preliminary determination. In the completed crash report — typically available within 10 to 14 days — the investigating trooper will document contributing factors, witness statements, vehicle positions, and potentially speed and reconstruction findings. The crash remains under investigation, and preliminary findings can be revised as additional evidence is analyzed. But the core fact — a passing maneuver into oncoming traffic — is the foundational liability fact, and it is not likely to change.
Texas Comparative Negligence: What If They Try to Blame You?
Texas follows a modified comparative negligence rule with a 51 percent bar. What that means in plain language: your own share of fault, if any, reduces your recovery by that percentage — but it only bars you entirely if you are found to be 51 percent or more at fault. If you are 10 percent at fault, you recover 90 percent of your damages. If you are 50 percent at fault, you recover 50 percent. If you are 51 percent at fault, you recover nothing.
In this crash, your comparative fault exposure appears minimal. You were driving northbound in your lane. A southbound cargo van crossed into your lane to pass another vehicle. DPS’s preliminary finding attributes the unsafe pass to the cargo van driver. There is no indication in the reported facts that the F-150 driver did anything wrong — no suggestion of speeding, no distracted driving, no failure to yield. The at-fault driver’s estate or insurer might attempt to argue that you could have braked sooner or swerved, but on a two-lane FM road with a vehicle suddenly appearing in your lane at a combined closing speed that could exceed 100 miles per hour, the law does not expect you to perform an evasive maneuver that physics did not allow. The 51 percent bar exists to protect people in exactly your position — a driver who was doing nothing wrong when someone else’s decision put them in danger.
That said, the adjuster will try. Every percentage point of fault they can pin on you is money off their payout. This is why the evidence — the crash scene measurements, the EDR data from your F-150, the witness statements — matters so much. Not because liability is weak, but because the insurer’s incentive is to chip away at it, and every degree of fault they argue is a dollar they keep.
Who Is Legally Responsible: The Defendant Map
A head-on collision with a deceased at-fault driver creates a different defendant map than a typical crash. Here is who may be on the hook, and in what order:
The Estate of the At-Fault Driver. The deceased driver’s estate stands in the shoes of the driver for liability purposes. The claim is pursued against the estate through its personal representative. The estate’s primary asset, in most cases, is the right to demand payment from the auto liability insurer — meaning the practical recovery comes from the insurance policy, not from the estate’s personal assets.
The Auto Liability Insurer of the Cargo Van. This is the primary source of recovery. Texas requires minimum financial responsibility of $30,000 per person for bodily injury, $60,000 per incident, and $25,000 for property damage — the 30/60/25 minimum. If the van carried only minimum coverage, that $30,000 per person is the ceiling on the insurer’s obligation unless bad faith or Stowers liability changes the calculation. If the van carried higher personal limits — 50/100, 100/300, or higher — the recovery ceiling rises accordingly. The policy limits are a discovery priority.
The Potential Employer or Vehicle Owner. If the cargo van was commercially operated and the driver was acting within the course and scope of employment, the employer is vicariously liable. The employer’s commercial auto policy — potentially with limits of $1 million or more — becomes the primary recovery source. If the vehicle was owned by a company but the driver was an independent contractor, the vehicle owner may face negligent entrustment liability for placing the vehicle in the hands of a driver who operated it negligently.
The Registered Owner of the Cargo Van (if different from the driver). Texas imposes statutory owner liability for entrusting a vehicle to a driver who operates it negligently. If the van was registered to someone other than the at-fault driver — a parent, a family member, a business — that owner may be separately liable.
Your Own Uninsured/Underinsured Motorist (UM/UIM) Coverage. If the at-fault driver’s insurance is insufficient to cover your losses, your own UM/UIM coverage (if you carry it — Texas requires insurers to offer it, though you can reject it in writing) provides an additional source of recovery. Your insurer steps into the shoes of the at-fault driver and pays the difference between what you are owed and what the at-fault policy pays.
The defendant map is not a list of people to sue indiscriminately. It is an investigative framework — each potential defendant opens a different insurance policy, and each policy is a different source of recovery. Identifying the right defendants and the right policies early is half the value of the case.
The Evidence Clock: What Proof Exists and How Fast It Disappears
This is the section that decides whether your case is strong or merely theoretical. Evidence in a motor vehicle crash is perishable — some of it dies in days, some in weeks, some in months. The law does not preserve it for you. You have to demand that it be preserved, and that demand needs to go out quickly.
The DPS Crash Report (CR-3). The official crash report is the foundational liability document. It contains the investigating trooper’s contributing-factor findings, witness identities, vehicle positions, road and weather conditions, and any preliminary speed or reconstruction data. The report typically becomes available within 10 to 14 days. Preliminary findings — like the unsafe-pass determination already reported — may be revised as the investigation continues. This report is the starting point, not the ending point. The witness names in it are people whose memories are fading right now.
Event Data Recorder (EDR) Data from Both Vehicles. Both the 2022 Ford F-150 and the 2022 Ford Cargo Van carry event data recorders — what most people call the “black box.” Federal regulation (49 CFR Part 563) standardizes what these recorders capture: vehicle speed for approximately five seconds before impact, brake application (on or off), throttle position, steering angle, seatbelt status, and the change in velocity (delta-V) during the crash, recorded at 100 samples per second for 250 milliseconds. If the airbags deployed — which is likely in a head-on collision at highway speeds — federal law requires the EDR to lock that data so it cannot be overwritten. If the airbags did not deploy, the data can be overwritten by the next qualifying event — meaning the next time the vehicle is driven hard or struck, the crash data could be erased. The EDR from the cargo van would show whether the driver braked before impact, what speed the van was traveling, and the steering input that corresponds to the passing maneuver. The EDR from your F-150 would show your speed, whether you braked or attempted evasive action, and the severity of the impact you absorbed. This data can be downloaded with the right forensic tool — but only if the vehicle still exists. Once a vehicle is salvaged, repaired, or crushed, the data is gone.
The Vehicles Themselves. The physical damage to both vehicles — the crush depth, the impact angle, the intrusion pattern — is evidence that tells the reconstruction story. The point of impact on the road, the debris field, the skid marks (if any), and the final resting positions all document what happened. Skid marks and roadway gouge marks fade within days. Weather and traffic accelerate their disappearance. The vehicles themselves can be moved to salvage yards and disposed of within weeks if no preservation demand has been issued. A preservation letter — sent to the at-fault driver’s estate, the insurance company, and any salvage yard holding the vehicles — is what freezes this evidence before it disappears.
Cargo Van Registration, Title, and Commercial Status Records. The single most important fact for expanding the defendant pool — whether the van was commercially registered — can be established through Texas DMV records. These records are stable, but the vehicle itself (which may carry decals, DOT numbers, or bracket marks from removed signage) is not. The physical vehicle should be photographed and inspected before it is scrapped.
Cell Phone Records. If the at-fault driver was distracted — texting, calling, or using an app — at the time of the passing maneuver, cell phone records would prove it. Distracted driving in the context of an unsafe passing maneuver is a punitive damages amplifier. Carrier retention policies typically purge call and text records within 6 to 12 months. A preservation letter to the carrier needs to go out promptly. This is also relevant because a 22-year-old driver on a weekday morning is statistically likely to have been using a phone, and proving distraction transforms a negligence case into a gross negligence case.
Witness Statements. Any witness identified in the DPS report — including the driver of the vehicle the cargo van was attempting to pass — saw the passing maneuver from behind. Their account of how much clearance the van had, whether the driver signaled, and how the oncoming F-150 appeared in the distance is critical. Memories fade. Statements need to be locked in while witnesses can still recall what they saw.
The preservation letter is not a formality. It is the single most time-sensitive action in a crash case. It goes to the insurer, the estate (or its attorney), the salvage yard, and the cell phone carrier. It demands that specific evidence be frozen and gives notice that destruction after receipt of the letter is spoliation — which, in Texas, can trigger an adverse inference instruction (the jury may be told to assume the destroyed evidence was unfavorable to the party who destroyed it) and other sanctions.
The Medicine of a Head-On Collision: Why “Minor Injuries” Can Be a Warning, Not a Verdict
The DPS report says the F-150 driver was taken to Midland Memorial Hospital with “minor injuries.” That phrase — “minor” — is a triage assessment, not a final diagnosis. It means the emergency department evaluated you, determined you were not in immediate danger of death, and discharged you or admitted you for observation. It does not mean you are fine. It does not mean the full extent of your injuries is known. And it does not mean you will not be in significant pain next week.
Here is what the medicine of a head-on collision actually looks like, and why the first 72 hours of medical follow-up matter as much as the first 72 hours of evidence preservation.
Cervical and Lumbar Strain (Whiplash). In a head-on collision, your body is restrained by the seatbelt, but your head and neck are not. The deceleration forces whip the head forward and then back — stretching and tearing the soft tissues of the neck (cervical strain) and lower back (lumbar strain). The inflammation from these micro-tears builds over 48 to 72 hours. You may have walked out of Midland Memorial feeling sore but functional. By Monday, you may not be able to turn your head to check your mirrors. This is the standard presentation, not the exception. Cervical and lumbar strain from a head-on collision can require weeks of physical therapy, muscle relaxants, and anti-inflammatory medication — and in some cases, the underlying disc injury revealed by an MRI does not present as radiating pain until days or weeks after the initial trauma.
Post-Concussion Symptoms. You do not have to hit your head on the windshield to sustain a brain injury. In a head-on collision, the brain — which floats in cerebrospinal fluid inside the skull — undergoes a coup-contrecoup injury: the brain slams into the front of the skull, then rebounds and slams into the back. This can produce a mild traumatic brain injury (TBI) even without a direct blow to the head. The word “mild” is a triage classification (Glasgow Coma Scale 13–15), not a prognosis — more than a third of patients scored at a GCS of 13, the top of the “mild” range, have potentially life-threatening intracranial lesions. A standard CT scan comes back normal in roughly 90 percent of mild TBI cases — not because nothing is wrong, but because the damage is microscopic tearing of nerve fibers (diffuse axonal injury) that the scan was not built to see. Symptoms include headaches, dizziness, memory gaps, difficulty concentrating, personality changes, and sleep disruption. At least 15 percent of mild TBI patients have persistent symptoms beyond three months. If you are experiencing any of these — even if the ER said you were “fine” — you need follow-up evaluation by a specialist who knows what to look for.
Delayed-Onset Internal Injuries. The seatbelt that saved your life can also cause injuries of its own. Seatbelt syndrome — bruising across the chest and abdomen from the restraint force — can mask underlying bowel, liver, or splenic injuries that declare themselves hours later as worsening abdominal pain. If you develop abdominal pain, nausea, or dizziness after discharge, you need to return to the emergency department immediately.
Psychological Trauma. You were in a head-on collision. The other driver died. Whether you saw it happen or not, your brain processed the experience as a life-threatening event, and the fact that the other person did not survive adds a layer of psychological weight that most crash victims do not carry. Intrusive memories, hypervigilance on the road, sleep disturbance, and avoidance behaviors are common post-traumatic stress responses after a fatal collision. These are real, diagnosable, and compensable injuries — not weaknesses. They are proven through clinical evaluation and validated diagnostic instruments, not through self-reporting alone.
The defense will use the “minor injuries” label to minimize your claim. The counter is the medical record — and the medical record is only as strong as the follow-up care you receive. If you were discharged from Midland Memorial and told to follow up if symptoms worsen, follow up. Do not wait to see if the pain goes away on its own. Document every symptom, every appointment, every limitation. The gap between the ER discharge note and the first follow-up visit is the gap the defense will exploit — they will argue that if you were really hurt, you would have sought treatment sooner. Close that gap now.
What Your Case Is Worth: An Honest Assessment
We are not going to give you a number and call it a promise. What we will give you is the framework — the factors that control value, the range that those factors produce, and the single variable that could expand the range dramatically.
Liability is exceptionally strong. An unsafe passing maneuver into oncoming traffic is a near-textbook breach of the duty of care. DPS has already made that preliminary determination. In the car accident cases we evaluate, liability this clear is the exception, not the rule. The comparative fault exposure for the F-150 driver appears minimal. This is not a disputed-liability case.
The primary value deflator is the reported “minor” injury status. If your injuries resolve with a short course of treatment — an emergency department visit, some imaging, a few weeks of physical therapy, and full recovery — the damages profile is constrained. The economic damages include the emergency department bill, diagnostic imaging costs, follow-up visits, physical therapy, and lost wages during recovery. The non-economic damages cover physical pain, mental anguish, and inconvenience. At the lower end, with standard personal auto policy limits and resolved minor injuries, the case value range starts around $15,000.
The upper range — and the variables that drive it. The case value range could extend to $250,000 or beyond, depending on several factors:
- Total-loss property damage to the 2022 F-150. A head-on collision at highway speeds can easily total a vehicle. A 2022 F-150 is a valuable vehicle — the property damage alone could be $40,000 to $60,000 or more.
- Commercial vehicle identification. If the cargo van was commercially operated, the available insurance coverage could increase by an order of magnitude — from a $30,000 minimum personal policy to a $1 million-plus commercial policy. This is the single most impactful variable.
- Documented soft-tissue or musculoskeletal injuries requiring extended treatment. If cervical or lumbar injuries require months of physical therapy, pain management, or intervention procedures, the medical expenses and pain-and-suffering value increase proportionally.
- Delayed-diagnosis TBI or post-concussion syndrome. If neuropsychological testing confirms a brain injury with persistent cognitive symptoms, the damages profile changes fundamentally.
- Punitive damages. Unlikely based on the reported facts alone, unless discovery reveals intoxication, extreme recklessness, or a commercial employer’s gross negligence in driver supervision. Cell phone distraction, if proven, could support a gross negligence argument in some contexts.
The honest bottom line: strong liability, currently limited damages, and one investigative finding — the commercial status of the cargo van — that could transform the case from a standard auto claim into a significant commercial vehicle recovery. That finding is why the investigation matters, and why calling a lawyer early matters. The commercial vehicle identification is a perishable fact — the van’s decals, markings, and registration status can be obscured or lost if no one acts to preserve and document them.
For a deeper look at how case value is calculated — the methodology, not a number from thin air — Ralph Manginello has discussed this publicly in a video on what personal injury cases are worth.
The Insurance Adjuster’s Playbook: What They Will Try
If you have been in a crash, an insurance adjuster has probably already called you. They are friendly, they are sympathetic, and they are not on your side. Here is what they will try — and what you should do about each play.
Play 1: The Recorded Statement. The adjuster will ask you to “just tell us what happened” on a recording. This call is engineered to get you to say things that can be quoted against you later — “I’m feeling okay,” “I think I was going about 55,” “I didn’t really see the van until the last second.” That last statement, stripped of context, becomes “the F-150 driver admitted he did not see the cargo van until impact” in the adjuster’s file. The counter: Decline the recorded statement. You are not required to give one. Tell the adjuster that you will not provide a recorded statement without consulting an attorney. This is your right, and exercising it does not hurt your claim.
Play 2: The Quick Settlement Check. A check may arrive fast — sometimes within days of the crash — with a release form printed on the back or enclosed with it. Signing the release extinguishes your claim permanently. The check is designed to arrive before your symptoms have fully declared themselves and before you know the full extent of your injuries. The counter: Do not sign anything. Do not deposit the check. A settlement is final — once you sign the release, you cannot reopen the claim even if your injuries turn out to be far more serious than you thought. The ER “minor injuries” designation is exactly the framing the insurer relies on to justify a small, fast payment. If your neck pain peaks on day three and you have already signed a release on day one, you have given away your right to recover for that injury.
Play 3: The “Minor Injuries” Framing. The adjuster will point to the ER discharge note — “minor injuries,” no fracture, no surgery, sent home — and frame your claim as a low-value soft-tissue case. The counter: The ER note is a triage snapshot, not a medical conclusion. Your follow-up records — the orthopedic evaluation, the MRI, the physical therapy notes, the neurologist’s assessment — tell the real story. But only if you create them. Seek follow-up care. Let the medical record build the truth of what the crash did to you.
Play 4: The Medical Authorization. The adjuster will ask you to sign a broad medical authorization that lets them pull your entire medical history — not just the records related to this crash. They are looking for pre-existing conditions to blame your symptoms on. The counter: Do not sign a broad authorization. Provide the crash-related records yourself, through your attorney, so the insurer sees exactly what is relevant and nothing more.
Play 5: Social Media Surveillance. The adjuster or their investigator will check your social media accounts. A photo of you at a family barbecue — smiling, active, seemingly fine — will be presented as evidence that your injuries are not serious. The counter: Set your accounts to private. Do not post about the crash, your injuries, your activities, or your case. Assume everything you post will be screenshot and used against you.
Play 6: The “The Other Driver Is Dead, So There’s No Money” Play. This is the play unique to your situation. The adjuster may suggest — subtly or directly — that because the at-fault driver died, there is no one to pay the claim. The counter: That is false. The insurance policy is still in force. The estate stands in the driver’s shoes. The claim is alive. If the adjuster says otherwise, that misrepresentation is itself a bad-faith practice under Texas insurance law.
How a Case Like This Is Built: The Proof Story
Here is the chronological walk of how a head-on collision case with a deceased at-fault driver is actually built — from the day you call to the day the case resolves.
Week One: The Preservation Letter Goes Out. The day you call, letters go to the at-fault driver’s insurer, the estate (if identified), the salvage yard holding the vehicles, and the cell phone carrier. These letters demand that specific evidence be frozen — the vehicles, the EDR data, the crash scene evidence, the phone records, the insurance policy declarations page, the cargo van’s registration and title. Once the letter is received, destruction of the listed evidence is spoliation. This is the most time-sensitive step in the entire case.
Weeks Two to Four: The DPS Report and Initial Investigation. The completed crash report is obtained and analyzed. Witness names are pulled from the report, and statements are taken while memories are fresh. The cargo van’s registration is pulled from DMV records. If the van was commercially registered, the registered owner is identified and the commercial auto policy is traced. Your medical treatment is ongoing, and the medical record is being built.
Months One to Three: The EDR Downloads and Reconstruction. With the vehicles preserved, the event data recorders are downloaded by a qualified technician using the appropriate forensic tools. The cargo van’s EDR shows its speed, braking, and steering input before the pass. Your F-150’s EDR shows your speed and whether you braked or attempted evasive action. A reconstruction engineer can use this data — along with the crash scene measurements, the vehicle damage patterns, and the final resting positions — to build a definitive picture of the collision dynamics.
Months Three to Six: Medical Development and Discovery. Your treatment continues. If injuries require extended physical therapy, pain management, or specialist evaluation, those records accumulate. If a TBI is suspected, neuropsychological testing is conducted. The medical record is the foundation of the damages case — it is what converts “minor injuries” from the ER note into the true clinical picture.
Months Six to Twelve: The Demand and Resolution. Once the medical picture is clear and the liability evidence is assembled, a demand package is sent to the insurer. The package includes the DPS report, the EDR data, the reconstruction analysis, the medical records and bills, the lost-wage documentation, and the property damage valuation. If commercial coverage was identified, the demand is calibrated to the commercial policy limits. Under Texas’s Stowers doctrine, if a settlement demand is within the policy limits and the insurer refuses to settle, the insurer can become liable for the full judgment even if it exceeds the policy — which means a properly framed Stowers demand creates real pressure on the insurer to settle.
If the insurer will not settle, the case proceeds to litigation. But most crash cases with clear liability and documented injuries resolve before trial — the insurer’s risk calculus, especially with a Stowers demand on file, usually favors settlement over the uncertainty of a jury verdict in the county where the crash happened.
Your First 72 Hours: A Practical Roadmap
Hour 1 to 24: Medical First. If you were discharged from Midland Memorial and are experiencing any symptoms — headache, neck pain, back pain, dizziness, numbness, cognitive fog — return for evaluation or see your primary care physician immediately. The ER discharge was triage. Your follow-up is diagnosis. Do not skip this. Every day you wait, the defense argues you were not really hurt.
Hour 1 to 48: Document Everything. Photograph your injuries — bruises, cuts, seatbelt marks — before they heal. Photograph the damage to your F-150 (if it has not already been towed). Write down everything you remember about the crash while it is fresh: the time, the weather, what you saw, what you heard, what happened to your body on impact. This memory will fade. Get it on paper now.
Hour 1 to 72: Do Not Talk to the Adjuster. The insurance adjuster for the at-fault driver’s insurer is not your friend. Do not give a recorded statement. Do not sign a medical authorization. Do not accept a settlement check. Do not discuss your injuries, your activities, or the crash details. Tell them you are consulting an attorney and will respond through counsel. This is not adversarial — it is protective.
Hour 1 to 72: Do Not Post on Social Media. No photos. No updates. No “I’m okay, thanks for the messages.” Everything you post can and will be used to minimize your claim. Set your accounts to private. Tell your family to do the same.
Hour 1 to 72: Call a Lawyer. The preservation letter is the most time-sensitive action in your case. It can go out the day you call. It freezes the evidence before it disappears — the EDR data, the vehicles, the cell phone records, the commercial registration. Every day you wait is a day the evidence degrades. The consultation is free. We do not get paid unless we win your case. There is no downside to calling, and the cost of waiting is measured in evidence that is gone forever.
For a broader guide on what to do after any car accident, Ralph has discussed this publicly — you can watch his video on what to do after a car accident.
Frequently Asked Questions
Can I sue if the person who caused the crash died in the collision?
Yes. In Texas, a personal injury claim survives the death of the at-fault party. The claim is pursued against the deceased’s estate, through its personal representative or administrator. The practical source of recovery is the auto liability insurance policy that covered the at-fault vehicle — that policy remains in force, and the insurer’s obligation to pay valid claims does not end when the insured dies. If no estate has been formally opened, one can be established for the purpose of resolving the claim.
How long do I have to file a claim after a head-on collision in Texas?
Texas imposes a two-year statute of limitations on personal injury claims, running from the date of the crash. Under Texas Civil Practice and Remedies Code Section 16.003, a person must bring suit for personal injury within two years of the date the cause of action accrues — which is the date of the collision. Missing this deadline bars the claim permanently, regardless of how strong the liability or how serious the injuries. Two years sounds like a long time, but the evidence clock runs much faster — the EDR data, the crash scene evidence, and the vehicle condition can all be lost within weeks, long before the two-year deadline approaches.
What if the insurance company says my injuries are only “minor”?
The “minor injuries” designation on an ER discharge note is a triage classification, not a medical conclusion. It means the emergency department determined you were not in immediate danger of death — it does not mean the full extent of your injuries is known. Cervical and lumbar strain from a head-on collision often peaks at 48 to 72 hours after impact. Post-concussion symptoms can develop over days. The defense will use the “minor” label to minimize your claim — the counter is the medical record built through follow-up care, specialist evaluation, and diagnostic testing. Seek follow-up treatment for every symptom, and let the medical record tell the true story.
How do I know if the cargo van was being used for commercial purposes?
This is an investigative question, and it is the single most important fact for expanding the recovery in your case. The cargo van’s registration and title records can be pulled from the Texas Department of Motor Vehicles. The vehicle itself — sitting in a tow yard or salvage facility — may carry commercial decals, DOT numbers, fleet markings, or bracket marks from removed company lettering. The driver’s employment status can be established through payroll records, workers’ compensation filings, and dispatch records. If the van was being used in the course and scope of employment, the employer’s commercial auto insurance — potentially with limits of $1 million or more — stands behind the claim. This investigation is a top priority and needs to begin before the vehicle is scrapped or its markings are removed.
What happens if the at-fault driver did not have enough insurance?
Texas requires minimum financial responsibility of $30,000 per person for bodily injury. If the at-fault driver carried only minimum coverage and your losses exceed $30,000, your own uninsured/underinsured motorist (UM/UIM) coverage — if you carry it — provides an additional source of recovery. UM/UIM coverage pays the difference between what you are owed and what the at-fault policy pays. Texas requires insurers to offer UM/UIM coverage, though policyholders can reject it in writing. Check your declarations page to confirm whether you carry UM/UIM and in what amount.
Should I give a recorded statement to the insurance adjuster?
No. You are not required to give a recorded statement to the at-fault driver’s insurance company. Recorded statements are engineered to obtain statements that can be quoted against you later — out of context, stripped of qualification, and framed as admissions. The adjuster may say the statement is “just to get the facts” or “so we can process your claim.” Those facts will be used to minimize your recovery. Tell the adjuster you are consulting an attorney and will respond through counsel. This is your right, and exercising it does not hurt your claim.
What evidence disappears fastest after a head-on crash?
The fastest-dying evidence is the physical crash scene — skid marks, gouge marks in the roadway, and debris field patterns fade within days, accelerated by weather and traffic. The second-fastest is the EDR data in the cargo van — if the airbags did not deploy, the crash data can be overwritten by the next hard event, and even if the airbags did deploy, the data is lost if the vehicle is salvaged or crushed. The vehicles themselves can be disposed of within weeks. Cell phone records that could prove distraction typically purge within 6 to 12 months. A preservation letter sent to the insurer, the estate, the salvage yard, and the phone carrier is what freezes this evidence before it legally disappears.
How much is my head-on collision case worth?
No honest lawyer can give you a specific dollar figure without reviewing the medical records, the DPS report, the insurance policy, and the vehicle damage. The framework: strong liability (an unsafe pass into oncoming traffic is a near-textbook breach) increases value. Reported “minor” injuries constrain value. The commercial status of the cargo van is the single variable that could expand the range dramatically — from a $30,000 personal policy to a $1 million-plus commercial policy. Based on the reported facts, the case value range could span from approximately $15,000 at the low end (minimum policy, resolved minor injuries) to $250,000 or higher at the upper end (commercial coverage, total-loss property damage, documented extended-treatment injuries). These are not promises — they are the framework. Past results depend on the facts of each case and do not guarantee future outcomes.
What if I was partly at fault for the crash?
Texas follows a modified comparative negligence rule with a 51 percent bar. Your recovery is reduced by your percentage of fault, but you are only barred entirely if you are found to be 51 percent or more at fault. In this crash, the reported facts — a southbound cargo van crossing into the northbound lane to pass — point to the cargo van driver as the sole proximate cause. Your comparative fault exposure appears minimal. But the adjuster will try to pin percentage points on you because every point is money off the payout. The evidence — your EDR data, the crash scene measurements, the witness statements — is what keeps those percentage points at zero.
Why do I need a lawyer if my injuries are “minor”?
Because the definition of “minor” can change. Because the adjuster’s job is to pay you as little as possible, not to make sure you are fully compensated. Because the at-fault driver is dead, which creates procedural complexities (estate claims, insurance recovery against a deceased’s policy) that most people have never encountered. Because the cargo van may have been commercial, and identifying the commercial policy is an investigation that requires legal tools. Because the evidence is disappearing on a clock that started the moment of impact. And because the consultation is free — we do not get paid unless we win your case. There is no cost to finding out whether you have a case worth pursuing, and the cost of not finding out is measured in evidence and money that are gone forever.
Why Attorney911: The People Who Will Fight for You
Ralph Manginello is the managing partner of our firm — 27+ years of practicing law in Texas, admitted to the U.S. District Court for the Southern District of Texas, a journalist before he was a lawyer, and a competitor who does not accept losing. He built this firm on the principle that the people who come to us have already been failed once — by a driver who made a reckless decision, by a company that put profits over safety, by a road that was built for a different era — and that our job is to make sure they are not failed again. You can read more about Ralph Manginello here.
Lupe Peña is our associate attorney — 13+ years of Texas practice, admitted to the U.S. District Court for the Southern District of Texas, and a former insurance-defense attorney. That last part matters more than any other credential on this page. Lupe spent years inside a national defense firm — the rooms where adjusters and their software decide how to deny, delay, and devalue claims exactly like yours. He knows how the claim is valued, how the reserve is set, how the recorded statement is engineered, and how the IME doctor is selected. He now uses that inside knowledge for injured clients. Lupe is also fluent in Spanish — he conducts full consultations in Spanish without an interpreter. You can read more about Lupe Peña here.
Together, we handle car accident cases, commercial vehicle crashes, and wrongful death claims across Texas, including the Permian Basin corridor where this crash happened. We are based in Houston and Austin, and we take cases in Andrews County and throughout West Texas.
Our fee is contingency: 33.33 percent before trial, 40 percent if the case goes to trial. We do not get paid unless we win your case. The consultation is free. We have 24/7 live staff — not an answering service, but people who can take your call and start the process at any hour. We send preservation letters the day you call. We investigate the commercial vehicle question. We pull the DPS report. We download the EDR data. We build the medical record. We deal with the adjuster so you do not have to.
Hablamos Español. Lupe conducts consultations fully in Spanish — not through an interpreter, but directly, in the language you think in.
If you were the driver of that F-150 on FM 1788 — or if someone you love was — the call is free, the evidence is disappearing, and the adjuster is already working. Call us at 1-888-ATTY-911 (1-888-288-9911), or contact us through our website. We will tell you honestly whether we can help. If we can, we will. If we cannot, we will tell you that too — because the truth is the only thing we sell, and the only thing that has ever built trust with the people who need us most.