franklin-county-featured-image.png

Franklin County Car & Truck Accident Attorneys | 18-Wheelers, Commercial Trucks, Uber/Lyft, Hit-and-Run | Former Insurance Defense — We Know Their Playbook | $2.5M Truck Crash Recovery | Attorney911 — The Firm Insurers Fear | Federal Court | 25+ Years Fighting for East Texas | 1-888-ATTY-911

Motor Vehicle Accident Lawyers in Franklin County, Texas

If you’ve been injured in a car accident in Franklin County, Texas, you’re not alone. With over 251,977 people injured in Texas motor vehicle crashes in 2024 alone – that’s one person injured every 2 minutes and 5 seconds – the roads in our community are more dangerous than ever. At Attorney911, we understand the physical, emotional, and financial toll a serious accident can take on you and your family. Our team of experienced Franklin County car accident lawyers is here to help you navigate the complex legal process and fight for the compensation you deserve.

Why Franklin County Accidents Require Local Expertise

Franklin County presents unique challenges for accident victims. Whether you were injured on the busy roads near local employers, involved in a crash with an 18-wheeler passing through our county, or struck by a drunk driver at a local establishment, the legal landscape in Texas requires specialized knowledge. Ralph Manginello, our founding attorney with over 25 years of experience, knows the Franklin County court system inside and out. Our team regularly handles cases in local courts and works with medical providers across the region to ensure you receive the best possible care and representation.

Comprehensive Accident Coverage for Franklin County Residents

Car Accidents in Franklin County

Car accidents are the most common type of motor vehicle collision in Franklin County. With one crash occurring every 57 seconds across Texas, Franklin County residents face significant risks every time they get behind the wheel. In 2024 alone, there were 4,150 fatalities on Texas roads, and countless more serious injuries.

Common causes of car accidents in Franklin County include:

  • Distracted driving (responsible for 380 deaths in Texas in 2024)
  • Speeding and aggressive driving
  • Failure to yield right-of-way
  • Running red lights and stop signs
  • Following too closely
  • Driving under the influence of alcohol or drugs

At Attorney911, we’ve seen firsthand how car accidents can change lives in an instant. 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, demonstrating our commitment to fighting for maximum compensation for our clients.

“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles

18-Wheeler and Trucking Accidents

Franklin County’s location makes it a prime route for commercial trucking traffic. With 39,393 commercial motor vehicle crashes in Texas in 2024, including 608 fatalities and 1,601 serious injuries, trucking accidents represent some of the most devastating collisions on our roads.

Texas leads the nation with 11% of all fatal truck crashes, and Franklin County is no exception. The sheer size and weight of commercial trucks – up to 80,000 pounds compared to the average 4,000-pound passenger vehicle – means that trucking accidents often result in catastrophic injuries or wrongful death.

Our firm has extensive experience handling trucking accident cases. We’ve recovered millions for clients in trucking-related wrongful death cases, and our attorneys understand the complex federal regulations that govern the trucking industry, including FMCSA rules on hours of service, driver qualifications, and vehicle maintenance.

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

Drunk Driving Accidents

Drunk driving remains a serious problem in Texas, with 1,053 alcohol-impaired driving deaths in 2024 – accounting for 25.37% of all traffic fatalities. In Franklin County, we see far too many lives shattered by drivers who make the reckless decision to get behind the wheel after drinking.

Texas has strong dram shop laws (Texas Alcoholic Beverage Code § 2.02) that allow victims to hold bars, restaurants, and other establishments liable when they serve obviously intoxicated patrons who then cause accidents. Signs of obvious intoxication include:

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

As a member of the Harris County Criminal Lawyers Association, Ralph Manginello brings unique expertise to drunk driving cases, combining his civil litigation experience with deep knowledge of Texas criminal law. Our firm has successfully handled numerous DWI cases, including three recent dismissals that demonstrate our ability to thoroughly investigate and challenge drunk driving allegations.

Motorcycle Accidents

Motorcycle riders face unique risks on Franklin County roads. In 2024, there were 585 motorcyclist fatalities in Texas, with 37% of those killed not wearing helmets. Franklin County sees its share of motorcycle accidents, particularly during the warmer months when riders are most active.

Common causes of motorcycle accidents include:

  • Failure to yield right-of-way (the most common cause)
  • Driver inattention and distraction
  • Unsafe lane changes
  • Left-turn accidents (T-bone collisions)
  • Speeding and reckless driving

Insurance companies often try to blame motorcycle riders for accidents, using Texas’s 51% comparative fault rule to reduce or deny claims. Lupe Peña, our associate attorney with years of experience working for insurance companies, knows exactly how they build these arguments – and how to defeat them.

Pedestrian Accidents

Pedestrians are among the most vulnerable road users in Franklin County. In 2024, there were 6,095 pedestrian crashes in Texas, resulting in 768 fatalities. Pedestrians account for just 1% of all crashes but 19% of all roadway deaths, highlighting the severe risks they face.

A critical legal point that many drivers don’t understand: pedestrians ALWAYS have the right-of-way at intersections, even at unmarked crosswalks. This means that anytime there’s an intersection of two streets, the distance between them is considered a crosswalk – even if it’s not marked.

Common injuries in pedestrian accidents include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken pelvis and legs
  • Internal organ damage
  • Fatalities

Rideshare Accidents (Uber/Lyft)

Rideshare services like Uber and Lyft have become ubiquitous in Franklin County, with 11 billion trips completed in the US since 2010. However, these services also introduce complex insurance issues when accidents occur.

The insurance coverage available in a rideshare accident depends on the driver’s status at the time of the crash:

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

This complexity means that determining which insurance policy applies – and fighting for maximum compensation – requires specialized knowledge. Lupe Peña’s background working for insurance companies gives us a unique advantage in navigating these complex claims.

Hit and Run Accidents

Hit and run accidents are particularly frustrating for victims. With one hit and run occurring every 43 seconds in the US, Franklin County residents are unfortunately familiar with these devastating incidents.

Texas has strict penalties for hit and run offenses:

Severity Charge Penalty
Death 2nd Degree Felony 2-20 years prison, up to $10,000 fine
Serious Bodily Injury 3rd Degree Felony 2-10 years prison, up to $10,000 fine
Minor Injury State Jail Felony Up to 5 years, up to $5,000 fine
Property Damage ≥$200 Class B Misdemeanor Up to 6 months jail, up to $2,000 fine

When the at-fault driver flees the scene, your own Uninsured Motorist (UM) coverage can provide compensation. We’ve helped many Franklin County residents recover compensation through UM claims after hit and run accidents. Surveillance footage is critical in these cases, as most businesses delete their footage within 7-30 days. That’s why it’s crucial to call Attorney911 immediately after a hit and run accident.

Tesla/Autopilot and Autonomous Vehicle Accidents

As autonomous vehicle technology becomes more common in Franklin County, we’re seeing an increase in accidents involving vehicles with advanced driver assistance systems. Tesla’s Autopilot system has been involved in several high-profile crashes, including:

  • May 2016: First US Autopilot fatality in Florida where a Tesla failed to detect a white 18-wheeler
  • March 2018: Apple engineer killed in Mountain View, California (settled April 2024)
  • December 2024: Fatal crash in California
  • August 2025: $240 million jury verdict against Tesla in Miami

Tesla’s Autopilot accounts for 70% of driver-assist crashes reported to NHTSA. Common liability arguments in these cases include:

  • Tesla marketed FSD/Autopilot as safer than human drivers
  • Marketing fostered driver overconfidence
  • Tesla knew the system couldn’t detect emergency vehicles
  • Software updates were used instead of comprehensive fixes

Ralph Manginello’s admission to federal court in the Southern District of Texas gives us the capability to handle these complex product liability cases against major corporations.

What to Do Immediately After an Accident in Franklin County

If you’ve been involved in an accident in Franklin County, taking the right steps immediately can make a significant difference in your case. Here’s our 48-hour protocol to protect your rights:

Hour 1-6 (Immediate Crisis)

  • Safety First: If you can move safely, get to a secure location away from traffic
  • Call 911: Report the accident and request medical assistance if anyone is injured
  • Medical Attention: Even if you feel fine, get checked out immediately. Adrenaline can mask serious injuries
  • Document Everything: Take photos of all vehicle damage, the accident scene, road conditions, and any visible injuries
  • Exchange Information: Get the other driver’s name, phone number, address, insurance information, and driver’s license number
  • Witnesses: Get names and phone numbers of any witnesses
  • 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, and videos related to the accident
  • Physical Evidence: Secure damaged clothing, glasses, or other personal items
  • Medical Records: Request copies of all ER and hospital records
  • Insurance Communications: Note any calls from insurance companies but do NOT give recorded statements
  • Social Media: Make all profiles private immediately and do NOT post about the accident

Hour 24-48 (Strategic Decisions)

  • Legal Consultation: Speak with an experienced motor vehicle accident attorney
  • Insurance Response: Refer all insurance calls to your attorney
  • Settlement Offers: Do NOT accept or sign anything without lawyer review
  • Evidence Backup: Upload all photos and documents to cloud storage

Week One Priorities

  • Medical Follow-Up: Continue documenting all injuries and follow all doctor recommendations
  • Investigation Begins: Your attorney will obtain police reports, send preservation letters, and secure surveillance footage
  • Communication: Your attorney handles ALL insurance communication so you can focus on recovery

Why Evidence Disappears Quickly

One of the most important reasons to call Attorney911 immediately is that critical evidence disappears on a predictable schedule:

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

At Attorney911, we send preservation letters to all parties within 24 hours of being retained, legally requiring them to preserve critical evidence before it’s automatically deleted.

Texas Motor Vehicle Law Framework

Understanding Texas law is crucial for protecting your rights after an accident. Here are the key legal concepts that affect your case:

Statute of Limitations

Texas has a strict 2-year statute of limitations (Texas Civil Practice & Remedies Code § 16.003) for personal injury and wrongful death claims. This means you have 2 years from the date of the accident to file a lawsuit. If you miss this deadline, your case will be barred forever.

Comparative Negligence (51% Bar Rule)

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

  • If you are 50% or less at fault, you can recover damages (reduced by your percentage of fault)
  • If you are 51% or more at fault, you recover NOTHING

Insurance companies always try to assign maximum fault to victims to reduce their payouts. Even small fault percentages can cost you thousands:

  • 10% fault on a $100,000 case = $10,000 less for you
  • 25% fault on a $250,000 case = $62,500 less for you
  • 40% fault on a $500,000 case = $200,000 less for you

Texas Minimum Auto Insurance

Texas requires minimum coverage of $30,000 per person, $60,000 per accident for bodily injury, and $25,000 for property damage. However, 15.4% of Texas drivers are uninsured, making Uninsured/Underinsured Motorist (UM/UIM) coverage critical.

How Insurance Companies Try to Minimize Your Claim

At Attorney911, we know exactly how insurance companies try to minimize your claim because Lupe Peña worked for a national defense firm for years. He knows their tactics from the inside – and now he uses that knowledge to fight for you. Here are the six most common insurance company tactics:

Tactic #1: Quick Contact & Recorded Statement

Within days of your accident, insurance adjusters will contact you – often while you’re still in the hospital or on pain medication. They’ll sound friendly and helpful, saying things like:

  • “We just want to help you”
  • “We need to get your side of the story”
  • “This is routine, everyone does this”

But their real goal is to get you to say something that hurts your case. They’ll ask leading questions designed to minimize your injuries and shift blame:

  • “You’re feeling better now though, right?”
  • “It wasn’t that bad of an impact, was it?”
  • “You were able to walk away from the scene?”

The truth: You are NOT required to give a recorded statement to the other driver’s insurance company. Everything you say will be documented, recorded, transcribed, and used against you.

Tactic #2: Quick Settlement Offer

Within days or weeks of your accident, the insurance company may offer you a quick settlement – typically $2,000-$5,000, sometimes up to $15,000 if they’re worried about your case. They’ll create artificial urgency:

  • “This offer expires in 48 hours”
  • “I can only get approval for this amount right now”
  • “Take it or leave it”

The trap: You don’t know the full extent of your injuries yet. In one case, a client accepted a $3,500 offer, only to discover weeks later that they needed $100,000 in surgery. Because they had signed a release, they couldn’t reopen their claim.

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

The insurance company may send you to an “independent” medical exam with a doctor they’ve chosen. In reality, these doctors are hired to minimize your injuries.

Lupe Peña knows this process well – he selected IME doctors for insurance companies for years. These exams typically last just 10-15 minutes and often result in reports that:

  • Claim you have “pre-existing degenerative changes”
  • Say your injuries are “consistent with minor trauma”
  • State you can “return to full duty work”
  • Call your treatment “excessive”
  • Say your “subjective complaints are out of proportion to objective findings”

Tactic #4: Delay and Financial Pressure

Insurance companies will drag out your case, hoping you’ll become desperate:

  • “Still investigating your claim”
  • “Waiting for medical records”
  • “Reviewing your file”
  • Ignoring calls and emails

They have unlimited time and resources, while you have mounting bills and no income. This financial pressure makes victims more likely to accept lowball offers.

Tactic #5: Surveillance and Social Media Monitoring

Insurance companies hire private investigators to:

  • Video you doing daily activities
  • Follow you to appointments and errands
  • Monitor ALL your social media (Facebook, Instagram, TikTok, LinkedIn, Twitter)
  • Screenshot everything you post

They’ll take innocent activities out of context to claim you’re not really injured. In one case, they used a photo of a client smiling at a family gathering to argue she wasn’t in pain.

“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.” – Lupe Peña

Tactic #6: Comparative Fault Arguments

Insurance companies will try to assign you maximum fault to reduce their payment:

  • “You were speeding”
  • “You weren’t paying attention”
  • “You could have avoided this”
  • “You were distracted”

Even small fault percentages can cost you thousands due to Texas’s 51% bar rule.

How Colossus Software Undervalues Your Claim

Most major insurance companies use a software system called Colossus to calculate the value of your claim. Lupe Peña knows this system well – he used it for years when he worked for insurance companies.

Here’s how Colossus works:

  1. The adjuster inputs injury codes and treatment information
  2. The software applies algorithms to determine a “value”
  3. The system outputs a recommended settlement range
  4. Adjusters typically cannot exceed this range without approval

Insurance companies manipulate Colossus by:

  • Using low injury codes (e.g., “soft tissue strain” instead of “disc herniation”)
  • Flagging “excessive” treatment
  • Penalizing conservative treatment (chiropractic valued less than MD)
  • Reducing value for pre-existing conditions
  • Applying jurisdiction factors (low-verdict counties get lower values)

Lupe knows how to present medical records to beat the Colossus algorithm and maximize your claim value.

Types of Compensation You Can Recover

If you’ve been injured in a motor vehicle accident in Franklin County, you may be entitled to several types of compensation:

Economic Damages (No Cap in Texas)

  • Medical expenses (past and future)
  • Lost wages and lost earning capacity
  • Property damage
  • Out-of-pocket expenses (transportation, home modifications)

Non-Economic Damages (No Cap Except Medical Malpractice)

  • Pain and suffering
  • Mental anguish
  • Physical impairment
  • Disfigurement
  • Loss of consortium
  • Loss of enjoyment of life

Punitive/Exemplary Damages (Capped)

Available in cases of gross negligence, fraud, or malice. Common in drunk driving cases. Capped at the greater of $200,000 or 2x economic damages + 1x non-economic damages (capped at $750,000 for non-economic portion).

Why Choose Attorney911 for Your Franklin County Accident Case

When you’re injured in an accident, you need more than just a lawyer – you need a team that will fight for every dollar you deserve. Here’s what sets Attorney911 apart:

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.”

Lupe spent years working FOR insurance companies, learning:

  • How they value claims (Colossus software, reserve setting)
  • Their settlement authority structures and approval processes
  • Their defense tactics and delay strategies
  • How they select IME doctors
  • Their surveillance and investigation methods
  • Their comparative fault arguments

Now he uses that knowledge FOR victims, not against them.

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 when log dropped on him at logging company”
  • Amputations: “This case settled in the millions”
  • Trucking wrongful death: “Recovered millions of dollars in compensation”
  • Maritime injuries: “Significant cash settlement”

3. Federal Court Experience

Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas. This federal court admission is crucial for:

  • Complex cases that may end up in federal court
  • FMCSA trucking regulations cases
  • Diversity jurisdiction for out-of-state defendants
  • Cases against major corporations

4. BP Explosion Litigation Experience

“Our firm is one of the few firms in Texas to be involved in BP explosion litigation.” The 2005 BP Texas City explosion killed 15 people and injured 180. Our involvement in this billion-dollar litigation demonstrates our capability to handle catastrophic injury cases against major corporations.

5. Personal Attention

At Attorney911, you work directly with Ralph Manginello and Lupe Peña, not a case manager assembly line.

“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

What Our Clients Say About Attorney911

“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

“Consistent communication and not one time did i call and not get a clear answer…Ralph reached out personally.” – Dame Haskett

“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

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

“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

“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

Frequently Asked Questions About Franklin County Car Accidents

Immediate After Accident

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

  • Call 911 and report the accident
  • Seek medical attention even if you feel fine
  • 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”
  • Do NOT give your opinion on what happened
  • Stick to facts only

6. How do I obtain a copy of the accident report?
In Franklin County, 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?
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?

  1. Investigation and evidence gathering
  2. Medical treatment to MMI
  3. Demand letter to insurance
  4. Negotiation
  5. Lawsuit if necessary
  6. Discovery
  7. Mediation
  8. Trial if needed

Watch our video: “What Is the Process for a Personal Injury Claim?” at https://www.youtube.com/watch?v=XwzYymneDVs

Compensation

21. What is my case worth?
Depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, insurance available. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).

22. What types of damages can I recover?

  • Medical expenses (past and future)
  • Lost wages and earning capacity
  • Pain and suffering
  • Mental anguish
  • Physical impairment
  • Disfigurement
  • Loss of enjoyment of life
  • Property damage

23. Can I get compensation for pain and suffering?
Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is NO CAP on pain and suffering (except medical malpractice).

24. What if I have a pre-existing condition?
You can still recover if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule.

25. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries is NOT taxable. Punitive damages ARE taxable. Consult a tax professional.

26. How is the value of my claim determined?
Based on: medical bills, future treatment costs, lost income, permanent impairment rating, comparable verdicts, severity of injuries, impact on daily life.

Attorney Relationship

27. How much do car accident lawyers cost?
Attorney911 works on contingency: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.

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

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

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

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

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

Mistakes to Avoid

32. What common mistakes can hurt my case?

  • Giving 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 the defendant takes you as they find you. For example, if you had mild occasional back pain before the accident and now have a herniated disc requiring surgery, you can recover for the new injury, not just the pre-existing pain. We hire medical experts to prove the difference. Lupe knows how insurance attacks pre-existing conditions – he used this defense for years.

37. Can I switch attorneys if I’m unhappy with my current lawyer?
YES. You can fire your attorney at any time. If your attorney isn’t communicating, isn’t fighting for you, or is pushing you to settle cheap, you have the right to switch. Attorney911 has taken over many cases from other attorneys. As Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” Call 1-888-ATTY-911 to discuss switching.

38. What if the insurance company is my own insurance (UM/UIM claim)?
Uninsured/Underinsured Motorist claims are against YOUR insurance when the other driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation. Texas allows inter-policy stacking (combining multiple UM policies). Lupe’s insurance knowledge is critical for maximizing UM/UIM recovery.

39. How do you calculate pain and suffering?
Most commonly using the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering. The multiplier depends on: injury severity, permanency, impact on life, clear liability. For example: $100,000 in medical expenses × 4 multiplier = $400,000 for pain and suffering. Lupe calculated these for years – he knows how to justify higher multipliers.

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

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

42. What if I’m an undocumented immigrant – can I still file a claim?
YES. Immigration status does NOT affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses. Lupe is fluent in Spanish. Call 1-888-ATTY-911 – we protect your rights and your privacy.

43. What if the accident happened in a parking lot?
Parking lot accidents are fully compensable. Insurance companies love to argue that “parking lot accidents are always 50/50 fault” (which is a lie). We prove fault through: surveillance video, witness statements, damage analysis, and traffic patterns. Texas comparative negligence rules apply. We’ve won many parking lot cases with clear liability findings.

44. What if I was a passenger in the at-fault vehicle?
You can sue the driver even if you were riding with them (whether it’s a friend, family member, or Uber driver). You’re an innocent victim. The driver’s insurance covers passengers. There are no comparative fault issues (since you weren’t driving). These cases often settle quickly because liability is clear. We handle the difficult conversation so you don’t have to.

45. What if the other driver died in the accident?
You can still pursue a claim against the deceased driver’s estate and insurance. The death doesn’t eliminate liability. The insurance policy still applies. The estate may have assets. Wrongful death laws protect both sides. These cases are emotionally complex but legally straightforward. We handle them with sensitivity while protecting your rights.

Contact Attorney911 Today

If you or a loved one has been injured in a motor vehicle accident in Franklin County, don’t wait to get the help you need. Evidence disappears every day, and the insurance company is already building their case against you.

Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for a free, no-obligation consultation. We don’t get paid unless we win your case, so there’s no risk to you.

Our Franklin County motor vehicle accident lawyers are ready to fight for the compensation you deserve. Let us handle the legal battle while you focus on your recovery.

Hablamos Español. Lupe Peña and our team are fluent in Spanish and ready to assist Spanish-speaking clients.

Remember: Every day you wait, evidence disappears. Call 1-888-ATTY-911 now.