Motor Vehicle Accidents in Post, Garza County, Texas: Your Guide to Justice and Recovery

If you’ve been injured in a car accident in Post, Garza County, Texas, you’re not alone. Texas sees a crash every 57 seconds, resulting in 251,977 injuries and 4,150 fatalities in 2024 alone. In Garza County and the surrounding areas, residents face unique risks on roads like US Highway 84, where the combination of local traffic, agricultural vehicles, and long-distance truckers creates dangerous conditions.

At Attorney911, we understand what you’re going through. Ralph Manginello, our founding attorney with over 25 years of experience, has built a firm that combines aggressive legal representation with genuine compassion. Our team includes Lupe Peña, a former insurance defense attorney who knows exactly how insurance companies try to minimize your claim. This insider knowledge is your advantage in fighting for the full compensation you deserve.

The Reality of Motor Vehicle Accidents in Post and Garza County

Post and Garza County experience a mix of accident types that reflect our rural character and location along major transportation routes:

Highway crashes on US 84, where speeding and distracted driving lead to severe collisions
Rural road accidents on FM 669 and other farm-to-market roads, where poor lighting and wildlife crossings increase risks
Trucking accidents involving agricultural vehicles and long-haul trucks passing through our county
Intersection collisions at locations like the US 84 and FM 669 junction
Weather-related crashes during our unpredictable West Texas storms

The Texas Department of Transportation reports that in 2024, there were 1,234 crashes in rural counties similar to Garza County, resulting in 38 fatalities. Many of these accidents could have been prevented with proper attention and care.

Why Post and Garza County Residents Choose Attorney911

When you’re injured in an accident, you need more than just a lawyer – you need a team that understands your community and knows how to fight for you. Here’s what sets Attorney911 apart:

1. We Know Garza County

Our team understands the unique challenges of Post and Garza County. We know the local courts, the insurance adjusters who handle claims in this area, and the specific accident patterns on our roads. When you call Attorney911, you’re calling your neighbors who are ready to fight for you.

2. Insurance Defense Insider Advantage

Lupe Peña worked for years at a national defense firm, learning firsthand how large insurance companies value claims. He knows their tactics because he used them for years. Now he uses that knowledge to fight FOR you, not against you.

“I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life – they’re building ammunition against you.” – Lupe Peña

3. Multi-Million Dollar Results

Our track record speaks for itself:

Multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company
In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions
We’ve recovered millions for families facing trucking-related wrongful death cases

4. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court experience is crucial for complex cases, especially those involving:

Trucking accidents with federal regulations
Cases against large corporations
Multi-state defendants

Our firm is one of the few in Texas to be involved in BP explosion litigation, demonstrating our capability to take on billion-dollar corporations.

5. Personal Attention You Can Trust

At Attorney911, you’re not just another case. As client Chad Harris shared:

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

We answer our phones at 1-888-ATTY-911 – that’s a legal emergency line, not a marketing gimmick.

Common Types of Motor Vehicle Accidents in Post and Garza County

Car Accidents (Tier 1 – Most Common)

Car accidents are the most frequent type of motor vehicle accident in Post and Garza County. In 2024, Texas saw 251,977 people injured in motor vehicle crashes, with one person injured every 2 minutes and 5 seconds.

Common causes in our area:

Distracted driving (especially on long stretches of US 84)
Speeding (a major factor on rural roads with higher speed limits)
Failure to yield (particularly at rural intersections)
Drunk driving (especially on weekends)
Weather conditions (sudden West Texas storms)

Common injuries:

Whiplash and soft tissue injuries
Herniated discs (especially from rear-end collisions)
Broken bones and fractures
Traumatic brain injuries (TBI)
Spinal cord injuries
Internal organ damage

What to do after a car accident in Post:

Call 911 and report the accident
Seek medical attention immediately (adrenaline can mask injuries)
Document everything with photos
Exchange information with the other driver
Get witness names and contact information
DO NOT give a recorded statement to any insurance company
Call Attorney911 at 1-888-ATTY-911

Our results in car accident cases:

“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.”

Client Chavodrian Miles shared:

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

Trucking Accidents (Tier 1 – Highest Severity)

With US 84 running through Garza County, we see more than our share of trucking accidents. In 2024, Texas had 39,393 commercial motor vehicle crashes, resulting in 608 fatalities and 1,601 serious injuries.

Why trucking accidents are more severe:

Trucks weigh up to 80,000 pounds (20 times a passenger car)
Longer stopping distances
Larger blind spots
Potential for cargo spills and hazardous materials

Federal regulations that often get violated:

Hours of Service (HOS) rules limiting driving time
Electronic Logging Device (ELD) requirements
Drug and alcohol testing
Vehicle maintenance standards

Multiple liable parties in trucking accidents:

The truck driver
The trucking company (for negligent hiring, training, or maintenance)
The cargo loader (if improper loading caused instability)
The vehicle manufacturer (if defective parts contributed)
The maintenance company (if improper repairs were made)

Our trucking accident results:

“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.”

Why federal court experience matters:
Many trucking cases end up in federal court due to the Federal Motor Carrier Safety Administration (FMCSA) regulations. Ralph Manginello’s admission to the U.S. District Court, Southern District of Texas, means we can handle these complex cases from start to finish.

Drunk Driving Accidents (Tier 1 – Preventable Tragedies)

In 2024, Texas saw 1,053 alcohol-impaired driving deaths, accounting for 25.37% of all traffic fatalities. In rural counties like Garza, where alternative transportation options are limited, drunk driving remains a serious problem.

Texas dram shop law (TABC § 2.02):
Bars, restaurants, and other establishments can be held liable if they serve alcohol to someone who is “obviously intoxicated” and that person then causes an accident.

Signs of obvious intoxication:

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

Punitive damages in drunk driving cases:
Texas allows punitive damages (also called exemplary damages) when the defendant’s conduct shows gross negligence or malice. Drunk driving often qualifies, allowing juries to award additional compensation to punish the defendant and deter similar behavior.

Our criminal defense advantage:
Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), giving us unique insight into both the criminal and civil aspects of drunk driving cases. We’ve successfully handled DWI cases that demonstrate our investigation skills:

DWI case dismissed when we proved the breathalyzer machine was improperly maintained
DWI case dismissed when we showed no breath or blood test was conducted and hospital notes were missing
DWI case dismissed when video evidence showed our client was not drunk

Motorcycle Accidents (Tier 2 – High Risk)

Texas saw 585 motorcyclist fatalities in 2024, with 37% of those killed not wearing helmets. In rural areas like Garza County, motorcycles are popular for both recreation and transportation, but the risks are significant.

Texas helmet law:

Required for all riders under 21
Riders 21+ may ride without a helmet if they have completed a safety course OR have $10,000 in medical insurance

Common causes of motorcycle accidents in our area:

Failure to yield right of way (most common)
Driver inattention/distraction
Unsafe lane changes
Left-turn accidents (T-bone/head-on)
Speeding/reckless driving

Comparative negligence issues:
Texas uses the 51% bar rule, which means if you’re found to be 51% or more at fault for the accident, you can’t recover any compensation. Insurance companies often try to blame motorcyclists for accidents, which is why having an attorney with insurance defense experience like Lupe Peña is so valuable.

Pedestrian Accidents (Tier 2 – Vulnerable Road Users)

In 2024, Texas had 6,095 pedestrian crashes resulting in 768 fatalities. Pedestrians are particularly vulnerable in rural areas like Garza County, where sidewalks may be limited and drivers aren’t always expecting pedestrians.

Critical legal point:
Pedestrians ALWAYS have the right-of-way at intersections under Texas law – even at unmarked crosswalks. Many drivers don’t know this.

Common injuries in pedestrian accidents:

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

Special consideration for Post:
With limited public transportation, many residents walk along US 84 and other roads. Poor lighting and lack of sidewalks increase the risk of pedestrian accidents.

Hit and Run Accidents (Tier 2 – Leaving the Scene)

Hit and run accidents are a serious problem nationwide, with one occurring every 43 seconds. In Texas, leaving the scene of an accident is a criminal offense with severe penalties:

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

Your recovery options after a hit and run:
When the at-fault driver can’t be identified, your own Uninsured Motorist (UM) coverage can compensate you. Texas allows inter-policy stacking, which means you may be able to combine coverage from multiple vehicles on your policy.

Evidence preservation is critical:

Surveillance footage is typically deleted within 7-30 days
Witnesses disperse quickly
Physical evidence disappears

What we do immediately:
Within 24 hours of being retained, we send preservation letters to:

Other driver’s insurance (if known)
Businesses near the scene (for surveillance footage)
Government entities (for traffic camera footage)

Other Accident Types in Garza County

Rideshare Accidents (Uber/Lyft):
Rideshare accidents present unique insurance challenges. The coverage available depends on what the driver was doing at the time of the crash:

Phase	Driver Status	Coverage Available
Period 0	App off, personal use	Personal insurance only (Texas minimum: $30K/$60K/$25K)
Period 1	App on, no ride request	Contingent coverage: $50K/$100K/$25K
Period 2	Ride accepted, en route to pickup	Full commercial: $1,000,000 liability
Period 3	Passenger in vehicle	Full commercial: $1,000,000 liability

Lupe’s insurance defense experience helps us navigate this complex system to ensure you get the maximum available coverage.

Work Zone Accidents:
Nearly 28,000 crashes occurred in Texas work zones in 2024, resulting in 215 deaths – a 12% increase over the previous year. In Garza County, we see work zone accidents during road maintenance on US 84 and other highways.

Weather-Related Accidents:
West Texas weather can change rapidly, leading to accidents caused by:

Sudden rainstorms
High winds
Dust storms
Ice (in winter months)

Intersection Accidents:
Intersections like the US 84 and FM 669 junction are common sites for accidents, particularly T-bone and left-turn collisions.

What to Do Immediately After an Accident in Post

The 48-Hour Protocol: Preserve Your Case

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, request medical assistance if anyone is injured
✅ Medical Attention: If injured, get to the ER immediately. Adrenaline masks injuries – you may be hurt and not know it yet
✅ 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, 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

Evidence Deterioration Timeline: Why Time is Critical

Time Frame	What Disappears
Day 1-7	Witness memories begin fading immediately
Day 7-30	Surveillance footage deleted (gas stations: 7-14 days, retail: 30 days)
Month 1-2	Insurance companies solidify defense position
Month 2-6	Trucking ELD/black box data overwritten (30-180 days)
Month 6-12	Witnesses become unreachable, memories degrade
Month 12-24	Approaching 2-year statute of limitations

Every day you wait, evidence disappears. Call Attorney911 immediately at 1-888-ATTY-911.

Texas Motor Vehicle Law: What You Need to Know

Statute of Limitations

In Texas, you have 2 years from the date of your accident to file a personal injury lawsuit (Texas Civil Practice & Remedies Code § 16.003). For wrongful death claims, you have 2 years from the date of death. Miss this deadline and your case is barred forever.

Exceptions:

Discovery Rule: If you couldn’t have reasonably discovered your injury immediately
Defendant Absence: If the defendant leaves Texas
Mental Incapacity: If you were mentally incapacitated at the time

Comparative Negligence (51% Bar Rule)

Texas uses modified 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

Example:

If you’re 20% at fault in a $100,000 case, you recover $80,000
If you’re 51% at fault, you recover $0

Insurance companies always try to assign you maximum fault. Lupe’s experience helps counter these arguments because he made them for years as a defense attorney.

Texas Minimum Auto Insurance

Texas requires minimum coverage of:

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

Uninsured Motorist Statistics:

15.4% of US motorists are uninsured (approximately 1 in 7 drivers)
UM/UIM coverage is critical for protection

Proving Liability: Building Your Case

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

Duty of Care: The other driver had a legal duty to operate their vehicle safely
Breach of Duty: They violated that duty through negligent actions
Causation: Their breach directly caused your injuries
Damages: You suffered actual harm (physical, financial, emotional)

Evidence We Use to Prove Your Case

Physical Evidence:

Vehicle damage photographs
Skid marks, debris, road damage
Damaged personal property

Documentary Evidence:

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

Electronic Evidence:

ELD (Electronic Logging Device) data from trucks
Vehicle black box/EDR (Event Data Recorder)
GPS/telematics data
Dashcam footage
Cell phone records

Testimonial Evidence:

Witness statements
Expert witness testimony
Medical expert opinions
Accident reconstruction specialists

Multiple Liable Parties

In many accidents, more than one party may be responsible:

Trucking Accidents:

Truck driver
Trucking company
Cargo loader
Vehicle manufacturer
Maintenance company

Drunk Driving Accidents:

Drunk driver
Bar/restaurant (dram shop liability)
Social host (limited circumstances)
Liquor store

Rideshare Accidents:

Rideshare driver
Rideshare company (Uber/Lyft)
Other at-fault drivers
Vehicle owner

More liable parties mean more insurance policies to pursue for compensation.

Damages and Compensation: What You Can Recover

Types of Damages

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 (impact on marriage/family relationships)
Loss of enjoyment of life

Punitive/Exemplary Damages (Capped):

Available for gross negligence, fraud, or malice
Common in drunk driving cases
Cap: Greater of $200,000 OR (2x economic + 1x non-economic max $750,000)

Settlement Ranges by Injury Type

Soft Tissue Injuries (Whiplash, Sprains, Strains):

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

Broken Bone (Single, Simple Fracture):

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

Broken Bone (Requiring Surgery):

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

Herniated Disc (Conservative Treatment):

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

Herniated Disc (Surgery Required):

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

Traumatic Brain Injury (Moderate to Severe):

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

Spinal Cord Injury / Paralysis:

Lifetime Care Costs: $2,500,000-$13,000,000+
Settlement Range: $4,770,000-$25,880,000

Amputation:

Medical Treatment: $170,000-$480,000
Future Medical: $500,000-$2,000,000
Settlement Range: $1,945,000-$8,630,000

Wrongful Death (Working Age Adult):

Funeral and burial: $10,000-$20,000
Medical expenses before death: $50,000-$500,000
Lost financial support: $1,000,000-$4,000,000
Loss of companionship: $500,000-$3,000,000
Settlement Range: $1,910,000-$9,520,000

Nuclear Verdicts in Texas

Texas leads the nation in nuclear verdicts (awards over $10 million):

2024: $81.7 million in a car accident wrongful death case
2024: $105 million in an Amazon delivery truck accident (Lopez v. All Points 360)
2024: $44.1 million in a New Prime I-35 pileup (6 deaths)
2024: $37.5 million in an Oncor Electric trucking case

Insurance companies fear nuclear verdicts, which increases settlement values across all serious injury cases.

Insurance Tactics: How They Try to Deny Your Claim

Lupe Peña spent years working for insurance companies. He knows their tactics because he used them. Now he uses that knowledge to fight FOR you.

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

What they do:

Contact you within 24-72 hours of your accident
Act friendly and helpful
Ask you to give a recorded statement
Use leading questions to get you to minimize your injuries

Their questions and what they want you to say:

Question They Ask	What They Want You to Say
“You’re feeling better now though, right?”	That you’re improving (even if you’re not)
“It wasn’t that bad of an impact, was it?”	That the collision wasn’t severe
“You were able to walk away from the scene?”	That your injuries aren’t serious
“Were you distracted at all?”	That you were partially at fault
“How fast were you going?”	That you were speeding

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:

We become your voice
All calls go through us
You don’t talk to adjusters
We prepare you properly if a statement becomes necessary

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

What they do:

Offer quick money within days or weeks of your accident
Typical offers: $2,000-$5,000 (sometimes $10,000-$15,000 if they’re scared)
Create artificial urgency: “This offer expires in 48 hours”

The trap:
You don’t know the extent of your injuries yet. If you accept their offer and later need surgery, you can’t go back for more money.

Example:

Day 3: Insurance offers $3,500 “final settlement”
You sign the release (thinking it’s over)
Week 6: MRI shows herniated disc requiring $100,000 surgery
TOO LATE – You signed the release, can’t reopen your claim

How Attorney911 counters:

We NEVER settle before Maximum Medical Improvement (MMI)
MMI = as good as you’ll get medically
Could be 6 months, 12 months, 24+ months depending on injuries
We know their offers are ALWAYS lowball

Tactic #3: “Independent” Medical Exam (Months 2-6)

What they call it: “Independent Medical Examination” (IME)

What it really is: A doctor hired by the insurance company 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”
Cursory physical exam
Rarely review your complete medical records
Ask questions designed to get you to say you’re feeling better

Common IME doctor findings:

What They Say	What It Means
“Patient has pre-existing degenerative changes”	Everyone over 40 has some arthritis – used to deny claims
“Injuries consistent with minor trauma”	Minimizes your pain and suffering
“Patient can return to full duty work”	Eliminates lost wage claims
“Treatment has been excessive”	Attacks your treating doctors
“Subjective complaints out of proportion to objective findings”	Medical speak for calling you a LIAR

How Attorney911 counters:

We prepare you extensively before the exam
We send your complete medical records to the IME doctor first
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:

“Still investigating your claim”
“Waiting for medical records” (that we sent months ago)
“Reviewing your file”
Ignore calls and emails
Take weeks to respond to simple questions

Why delay works:

Insurance companies have unlimited time and resources
You have mounting bills, zero income, and creditors threatening
Financial desperation makes you accept less

How Attorney911 counters:

We file lawsuits to force deadlines
We set depositions to make them produce witnesses
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:

Hire private investigators to video you
Film from public places (your driveway, street, stores)
Look for ANY activity that contradicts your injury claims
One video of you bending over = “Not really injured”

What they monitor on 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

Examples we’ve defended:

Example	What Happened	Insurance Claimed	Reality
Old Gym Photo	Gym photo from 3 years ago	Presented as recent, contradicts injury	We proved metadata was pre-accident
Restaurant Check-in	Facebook check-in at restaurant	“Partying and having fun”	Sitting quietly having dinner
Friend’s Comment	Friend posted “Had fun yesterday!”	Evidence of non-injury	Client was resting at home
Walking Dog	Video of client walking dog slowly	“Not disabled”	Doctor RECOMMENDED short walks
Smiling in Photo	Family photo smiling	“Not in pain – she’s smiling!”	Everyone smiles for photos

7 Rules for 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 your case
Assume EVERYTHING is being monitored

Tactic #6: Comparative Fault Arguments

What they do:

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 contributed to this accident” (shifting blame)

Why they do this:
Texas 51% bar rule means:

If you’re 51%+ at fault → You get NOTHING
If you’re 50% or less at fault → Your damages 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

Colossus: How Insurance Companies Actually Value Your Claim

Lupe knows this system from the inside – he used it for years.

How Colossus works:

Adjuster inputs injury codes, treatment, costs, jurisdiction
Injuries coded using standardized medical terms
Software applies algorithms to determine “value”
System provides recommended settlement range
Adjuster typically cannot exceed without approval

How they manipulate Colossus:

Manipulation	Effect
Low Injury Codes	“Soft tissue strain” instead of “disc herniation” reduces value 50-100%
Excessive Treatment Flags	Therapy beyond “normal” range triggers reduction
Conservative Treatment Penalty	Chiropractic valued less than MD
Pre-Existing Reduction	Any prior condition used to reduce value
Jurisdiction Factor	Low-verdict counties get lower values

Why Lupe’s experience matters:

Knows how to code injuries properly for maximum value
Knows which medical terms trigger higher valuations
Knows when Colossus output is artificially low
Knows how to present records to beat the algorithm
Worked with these systems for years as a defense attorney

Reserve Setting: The Hidden Leverage Point

What reserves are:

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

How we increase reserves:

Hiring experts (shows we’re investing in the case)
Taking depositions (creates litigation expense)
Filing lawsuit (forces trial evaluation)
Preparing for trial (shows we won’t back down)

Lupe understands reserve psychology and settlement authority limits – this is a game-changing advantage.

Medical Knowledge: Understanding Your Injuries

Traumatic Brain Injury (TBI)

Immediate Symptoms:

Loss of consciousness
Confusion and disorientation
Vomiting and nausea
Seizures
Severe headache
Dilated pupils
Slurred speech
Weakness or numbness

Delayed Symptoms:

Worsening headaches
Repeated vomiting
Seizures developing days later
Slurred speech or difficulty speaking
Personality changes and mood swings
Sleep disturbances
Sensitivity to light and noise
Confusion and memory problems

Severity Classifications:

Classification	Characteristics
Mild TBI / Concussion	Brief LOC (seconds to minutes), GCS 13-15
Moderate TBI	LOC minutes to hours, GCS 9-12
Severe TBI	Extended unconsciousness or coma, GCS 3-8

Long-Term Complications:

Chronic Traumatic Encephalopathy (CTE)
Post-Concussive Syndrome (affects 10-15%)
Increased dementia risk (single moderate TBI doubles risk)
Personality and mood disorders (depression in 40-50%)
Seizure disorders
Cognitive impairment

Spinal Cord Injury

Injury Levels and Impact:

Cervical Spine (C1-C8, Neck Region): Quadriplegia (all four limbs paralyzed)
Thoracic Spine (T1-T12, Mid-Back): Paraplegia (lower body paralysis)
Lumbar Spine (L1-L5, Lower Back): Leg weakness/paralysis

ASIA Impairment Scale:

Grade	Classification	Prognosis
A	Complete	No motor or sensory function below injury
B	Sensory Incomplete	Sensory function but no motor function
C	Motor Incomplete	Motor function but most muscles <3/5 strength
D	Motor Incomplete	Motor function with most muscles ≥3/5 strength
E	Normal	Full motor and sensory function

Secondary Complications:

Pressure sores (leading cause of hospitalization)
Respiratory complications (pneumonia – leading cause of death)
Bowel and bladder dysfunction
Sexual dysfunction
Autonomic dysreflexia (life-threatening blood pressure crisis)
Depression (40-60% of patients)

Herniated Disc

Treatment Timeline:

Acute Phase (Weeks 1-6): Severe pain, medications, rest
Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic
Interventional (If Conservative Fails): Epidural steroid injections
Surgery (If Injections Fail): Microdiscectomy or fusion

Permanent Restrictions Impact:

Can’t return to physical labor jobs
Lost earning capacity claims
Ongoing pain management needs

Soft Tissue Injuries

Why insurance undervalues soft tissue:

No broken bones or surgery = appears “minor”
Difficult to see on X-rays
Symptoms are subjective (pain, stiffness)

Why soft tissue can be serious:

15-20% develop chronic pain
Can prevent return to physical jobs
Whiplash can cause permanent problems
Often misdiagnosed initially

Psychological Injuries

PTSD After Motor Vehicle Accidents:

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

Compensable Psychological Damages:

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

Why Choose Attorney911 for Your Post, Garza County 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.”

Lupe spent years working FOR insurance companies. Now he uses that knowledge FOR victims. He knows:

How they value claims (Colossus software)
Their settlement authority structures
Their delay and financial pressure tactics
Their IME doctor selection process
Their surveillance methods
Their comparative fault arguments

Now he uses that knowledge to fight FOR you, not against you.

2. Multi-Million Dollar Results

Our results speak for themselves:

“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”

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

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

3. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court experience is crucial for complex cases, especially those involving:

Trucking accidents with federal regulations
Cases against large corporations
Multi-state defendants

BP Explosion Litigation: “Our firm is one of the few firms in Texas to be involved in BP explosion litigation.”

4. Personal Attention You Can Trust

At Attorney911, you’re not just another case. As client Chad Harris shared:

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

What our clients say about our communication:

“Melanie was excellent. She kept me informed and when she said she would call me back, she did.” – 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

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

5. Contingency Fee – No Risk to You

“We don’t get paid unless we win your case.”

Free consultation
No upfront costs
We advance all case expenses
You pay nothing unless we recover for you

Frequently Asked Questions About Motor Vehicle Accidents in Post

Immediate After Accident

1. What should I do immediately after a car accident in Post, Garza County?

If you’ve been in an accident in Post or anywhere in Garza County:

Call 911 and report the accident
Seek medical attention even if you feel fine (adrenaline masks injuries)
Document everything: photos of damage, injuries, scene
Exchange information with the other driver
Get witness names and phone numbers
Do NOT give a recorded statement to any insurance company
Call Attorney911 at 1-888-ATTY-911

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

Yes. Always call police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000.

3. Should I seek medical attention if I don’t feel hurt?

ABSOLUTELY. Many serious injuries don’t show symptoms immediately:

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

Insurance companies use delays in treatment against you. Get checked immediately.

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 Post and Garza 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 a recorded statement. Do NOT discuss injuries or fault.

9. Do I have to accept the insurance company’s estimate?

No. Their estimate is just an offer. It’s usually far below actual value. Attorney911 fights for what your case is really worth.

10. Should I accept a quick settlement offer?

NEVER accept a settlement before knowing the full extent of your injuries. Once you sign a release, you cannot get more money even if you need surgery later.

11. What if the other driver is uninsured/underinsured?

Your own UM/UIM coverage can compensate you. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8

12. Why does insurance want me to sign a medical authorization?

They want unlimited access to your ENTIRE medical history to find pre-existing conditions to use against you. Never sign without attorney review.

Legal Process

13. Do I have a personal injury case?

You may have a case if:

Someone else was at fault (even partially)
You suffered injuries or damages
There is insurance to recover from

Watch our video: “Do I Have a Good Case?” at https://www.youtube.com/watch?v=j-PMMP5Jims

14. When should I hire a car accident lawyer?

Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911 at 1-888-ATTY-911.

15. How much time do I have to file (statute of limitations)?

In Texas: 2 years from the date of your accident for personal injury, 2 years from the date of death for wrongful death. Miss it = case barred forever.

16. What is comparative negligence and how does it affect me?

Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (reduced by your fault %). If 51%+ at fault, you get nothing.

Watch our video: “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4

17. What happens if I was partially at fault?

You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.

18. Will my case go to trial?

Most cases settle before trial. But Attorney911 prepares every case AS IF it’s going to trial. That’s what gives us leverage.

Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc

19. How long will my case take to settle?

Depends on injury severity. We don’t settle until you’ve reached maximum medical improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.

20. What is the legal process step-by-step?

Investigation and evidence gathering
Medical treatment to MMI
Demand letter to insurance
Negotiation
Lawsuit if necessary
Discovery
Mediation
Trial if needed

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

Compensation

21. What is my case worth?

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

22. What types of damages can I recover?

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

23. Can I get compensation for pain and suffering?

Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is NO CAP on pain and suffering (except medical malpractice).

24. What if I have a pre-existing condition?

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

25. Will I have to pay taxes on my settlement?

Generally, compensation for physical injuries is NOT taxable. Punitive damages ARE taxable. Consult a tax professional.

26. How is the value of my claim determined?

Based on: medical bills, future treatment costs, lost income, permanent impairment rating, comparable verdicts, severity of injuries, impact on daily life.

Attorney Relationship

27. How much do car accident lawyers cost?

Attorney911 works on contingency: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.

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

28. What does “no fee unless we win” mean?

You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.

29. How often will I get updates?

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

30. Who will actually handle my case?

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

31. What if I already hired another attorney?

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

Mistakes to Avoid

32. What common mistakes can hurt my case?

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

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

33. Should I post about my accident on social media?

NO. Make all profiles private. Don’t post about the accident, injuries, or activities. Insurance monitors everything.

34. Why shouldn’t I sign anything without a lawyer?

Releases are PERMANENT. Medical authorizations give unlimited access. Settlement offers are binding. Once signed, you can’t undo it.

35. What if I didn’t see a doctor right away?

See one NOW. Explain you didn’t realize the severity of your injuries. Delayed symptoms are common. We can still help.

Additional Questions

36. What if I have a pre-existing condition?

You can still recover. If the accident AGGRAVATED your pre-existing condition, you’re entitled to compensation for the aggravation. The “eggshell plaintiff” rule means the defendant takes you as they find you. For example, if you had mild occasional back pain before the accident and the accident caused a herniated disc requiring surgery, you 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, and 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 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 “parking lot accidents are always 50/50 fault” (LIE). We prove fault through surveillance video, witness statements, damage analysis, and traffic patterns. Texas comparative negligence rules apply. We’ve won many parking lot cases with clear liability findings.

44. What if I was a passenger in the at-fault vehicle?

You can sue the driver even if you were riding with them (friend, family member, Uber driver). You’re an innocent victim. The driver’s insurance covers passengers. No comparative fault issues (you weren’t driving). These cases often settle quickly because liability is clear. We handle the difficult conversation so you don’t have to.

45. What if the other driver died in the accident?

You can still pursue a claim against the deceased driver’s estate and insurance. 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.

Post and Garza County: Your Community, Our Commitment

At Attorney911, we’re proud to serve Post and all of Garza County. We understand the unique challenges our community faces:

Rural roads with limited lighting and signage
Agricultural vehicles sharing the road with passenger cars
Long distances to medical care after accidents
Limited public transportation options
Economic impact of injuries on families and small businesses

We know the local courts that handle personal injury cases in Garza County. We understand the insurance adjusters who work in this region. And most importantly, we know the people of Post—hardworking, resilient, and deserving of fair compensation when they’re injured through no fault of their own.

Local Resources for Accident Victims

Medical Care:

Covenant Hospital Plainview (nearest Level III trauma center)
Covenant Health System clinics in Post
Urgent care facilities in surrounding communities

Legal Resources:

Garza County Courthouse in Post
Texas Department of Transportation (TxDOT) for accident reports
Texas Department of Public Safety (DPS) for driver records

Support Services:

Garza County Sheriff’s Office
Post Police Department
Local physical therapy clinics
Support groups for accident survivors

Call Attorney911 Now: 1-888-ATTY-911

If you’ve been injured in a motor vehicle accident in Post or anywhere in Garza County, don’t wait. Evidence disappears daily. Insurance companies are already building their case against you. And the 2-year statute of limitations is ticking.

Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for a free consultation. We don’t get paid unless we win your case.

Hablamos Español. Lupe Peña and our team are ready to help Spanish-speaking clients.

Remember:

Free consultation – no obligation
No fee unless we win
We advance all case costs
Evidence disappears daily
Insurance companies are not on your side
We know their tactics because Lupe used them for years
We’ve recovered millions for accident victims like you

Call now: 1-888-ATTY-911

The Manginello Law Firm, PLLC
Attorney911
Serving Post, Garza County, and all of Texas
Principal Office: Houston, Texas
1-888-ATTY-911 (1-888-288-9911)
https://attorney911.com

We don’t just handle cases. We fight for families. We fight for justice. We fight for you.