Motor Vehicle Accidents in Plainview, Hale County, Texas: Legal Emergency Response from Attorney911
If you’ve been injured in a car accident in Plainview, Hale County, Texas, you’re not alone. Texas sees a reportable crash every 57 seconds, and Plainview’s residents face daily risks on local roads like I-27, US-87, and the busy intersections along Olton Road and 24th Street. At Attorney911, we understand the physical, emotional, and financial toll an accident takes. Ralph Manginello, our founding attorney with over 25 years of experience, leads our team in fighting for maximum compensation for accident victims across the Texas Panhandle.
The Reality of Car Accidents in Plainview and Hale County
Plainview and surrounding Hale County communities experience their share of motor vehicle accidents. The Texas Department of Transportation reported 251,977 people injured in Texas motor vehicle crashes in 2024 alone – that’s one person injured every 2 minutes and 5 seconds. In the Texas Panhandle region, rural roads and highways like I-27 present unique dangers, including:
- Limited visibility on country roads
- Wildlife crossings, especially at dawn and dusk
- Distracted driving on long stretches of highway
- Fatigued driving from agricultural workers
- Weather-related hazards like sudden dust storms
Ralph Manginello’s extensive experience handling cases throughout Texas means we understand the specific challenges Plainview residents face after an accident. Whether you were rear-ended on I-27, involved in a collision at the intersection of US-87 and FM 1914, or injured in a crash on Olton Road, our team knows how to investigate your case thoroughly and fight for the compensation you deserve.
Common Types of Motor Vehicle Accidents in Plainview
Car Accidents (Tier 1 – Most Common)
Car accidents are the most frequent type of motor vehicle collision in Plainview and Hale County. These incidents can range from minor fender benders to catastrophic crashes resulting in life-altering injuries.
Common causes of car accidents in Plainview include:
- Distracted driving (texting, phone use, eating)
- Speeding on rural highways and local roads
- Failure to yield at intersections
- Running red lights or stop signs
- Following too closely on I-27
- Driving under the influence of alcohol or drugs
- Weather conditions (dust storms, rain, ice)
Common injuries from car accidents:
- Whiplash and soft tissue injuries
- Herniated or bulging discs
- Broken bones and fractures
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Internal organ damage
- Psychological trauma and PTSD
At Attorney911, we’ve helped numerous clients recover compensation after car accidents. 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 even in complex medical situations.
“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles
18-Wheeler and Commercial Truck Accidents (Tier 1 – High Severity)
Plainview’s location along I-27 makes it a major corridor for commercial trucking traffic. The Texas Department of Transportation reported 39,393 commercial motor vehicle crashes in Texas in 2024, resulting in 608 fatalities and 1,601 serious injuries. Texas accounts for 11% of all fatal truck crashes nationwide.
Common causes of truck accidents in Hale County:
- Driver fatigue (violating FMCSA hours of service regulations)
- Improper loading or overloaded cargo
- Inadequate vehicle maintenance
- Distracted or impaired driving
- Speeding or reckless driving
- Poor weather conditions
- Blind spots and improper lane changes
Why truck accidents are more complex:
- Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
- Higher insurance limits ($750,000 to $5,000,000+ policies)
- Federal regulations (FMCSA) that govern trucking operations
- Electronic logging device (ELD) data that must be preserved
- Black box data that can be overwritten if not secured quickly
Ralph Manginello’s admission to the U.S. District Court, Southern District of Texas, is particularly valuable in trucking cases, as many commercial vehicle accidents fall under federal jurisdiction. 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 in complex cases.
“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 (Tier 1 – High Punitive Potential)
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 the Texas Panhandle, where social gatherings often involve alcohol, drunk driving accidents are unfortunately common.
Texas law and drunk driving accidents:
- Legal BAC limit: 0.08% (Texas Penal Code § 49.04)
- Enhanced penalties for BAC 0.15% or higher
- Dram shop liability (Texas Alcoholic Beverage Code § 2.02)
- Punitive damages available for gross negligence
Dram shop liability in Texas:
Establishments can be held liable if they served alcohol to someone who was obviously intoxicated and that person later caused an accident. 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
Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA) provides valuable insight into drunk driving cases, as we can handle both the criminal aspects (if charges are filed) and the civil claim for compensation.
Our firm’s experience with DWI cases is particularly relevant. We’ve successfully had three DWI cases dismissed:
- Breathalyzer machine improperly maintained – case dismissed
- No breath/blood test, missing EMS notes, missing hospital records – dismissed day of trial
- Video evidence showed client not drunk – case dismissed
This investigative experience translates directly to our ability to build strong civil cases against drunk drivers and the establishments that served them.
Motorcycle Accidents (Tier 2 – Special Considerations)
Motorcycle accidents often result in severe injuries due to the lack of protection for riders. In 2024, Texas saw 585 motorcyclist fatalities, with 37% of those killed not wearing helmets.
Texas motorcycle laws:
- Helmets required for riders under 21
- Riders 21+ may ride without helmet if they’ve completed a safety course or have $10,000 in medical insurance
- Lane splitting is illegal in Texas
- Motorcycles must have working headlights at all times
Common causes of motorcycle accidents in Hale County:
- Drivers failing to yield right of way
- Left-turn accidents at intersections
- Distracted drivers not seeing motorcycles
- Road hazards (potholes, debris)
- Speeding or reckless driving
- Alcohol or drug impairment
Insurance company tactics in motorcycle cases:
Insurance companies often try to blame motorcyclists for accidents, arguing comparative negligence. Texas’s 51% bar rule means that if you’re found to be 51% or more at fault, you recover nothing. Lupe Peña’s experience working for insurance companies gives us an advantage in countering these arguments.
Pedestrian Accidents (Tier 2 – Vulnerable Road Users)
Pedestrians are particularly vulnerable in accidents, with 6,095 pedestrian crashes reported in Texas in 2024, resulting in 768 fatalities. While Plainview may not have the pedestrian traffic of larger cities, accidents still occur, especially around schools, shopping centers, and downtown areas.
Critical legal point for pedestrians:
In Texas, pedestrians always have the right-of-way at intersections, even at unmarked crosswalks. Many drivers don’t know this. Anytime there’s an intersection of two streets, the distance between them is considered a crosswalk, even if it’s not marked.
Common pedestrian injuries:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Broken pelvis and legs
- Internal organ damage
- Fatalities
If you or a loved one has been struck by a vehicle while walking in Plainview, it’s crucial to understand your rights. Our team can help investigate the accident, determine liability, and fight for the compensation you deserve.
Hit and Run Accidents (Tier 2 – Complex Insurance Issues)
Hit and run accidents are particularly frustrating because the at-fault driver cannot be identified. Nationally, someone is involved in a hit-and-run accident every 43 seconds.
Texas penalties for hit and run:
- 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 over $200: Class B misdemeanor (up to 6 months jail, up to $2,000 fine)
Recovery options after hit and run:
If the at-fault driver cannot 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.
At Attorney911, we’ve helped many clients recover compensation after hit and run accidents. We understand how to navigate UM/UIM claims and can help you maximize your recovery.
“They took over my case from another lawyer and got to working on my case.” – CON3531
Weather-Related Accidents (Tier 2 – Common in the Texas Panhandle)
The Texas Panhandle experiences unique weather challenges that contribute to accidents:
- Sudden dust storms that reduce visibility to near zero
- Winter ice storms that create hazardous road conditions
- High winds that can cause vehicles to lose control
- Flash flooding on rural roads
- Hail storms that damage vehicles and create hazardous driving conditions
Liability in weather-related accidents:
While weather can contribute to accidents, drivers are still expected to adjust their driving to conditions. If another driver failed to slow down, use headlights, or take other reasonable precautions in bad weather, they may be liable for your injuries.
Our team understands the specific challenges of weather-related accidents in the Texas Panhandle. We can help determine if the other driver acted negligently and fight for the compensation you deserve.
Distracted Driving Accidents (Tier 2 – Growing Problem)
Distracted driving is a growing problem nationwide, with 380 deaths in Texas in 2024 attributed to distracted driving. In the age of smartphones and in-vehicle entertainment systems, drivers are more distracted than ever.
Types of distracted driving:
- Visual: Taking eyes off the road
- Manual: Taking hands off the wheel
- Cognitive: Taking mind off driving
Common distractions:
- Texting or using a smartphone
- Eating or drinking
- Adjusting the radio or navigation system
- Talking to passengers
- Grooming or applying makeup
- Daydreaming or being lost in thought
Texas laws on distracted driving:
- Texting while driving is illegal statewide
- Some cities have additional restrictions on cell phone use
- Commercial drivers are prohibited from using handheld phones
If you’ve been injured by a distracted driver in Plainview or Hale County, our team can help investigate the accident, gather evidence of distraction, and fight for the compensation you deserve.
Why Evidence Disappears: The 48-Hour Protocol After an Accident
After an accident, evidence begins disappearing almost immediately. At Attorney911, we follow a strict 48-hour protocol to preserve critical evidence and protect your rights.
Hour 1-6: Immediate Crisis Response
Safety First: If you can move safely, get to a secure location away from traffic. On highways like I-27, this is particularly important to avoid secondary collisions.
Call 911: Report the accident and request medical assistance if anyone is injured. Even if you feel fine, it’s important to get checked out. Adrenaline can mask serious injuries.
Document Everything:
- Take photos of all vehicle damage from multiple angles
- Photograph the accident scene, including road conditions, traffic signals, and any skid marks
- Take photos of visible injuries
- Screenshot any messages visible on your phone (do NOT delete anything)
Exchange Information:
- Other driver’s name, phone number, address
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, and color
Witnesses: Get names and phone numbers of any witnesses. Ask if they saw what happened and if they’d be willing to provide a statement.
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, or other 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 and 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 and family not to tag you in posts
Hour 24-48: Strategic Decisions
Legal Consultation:
- Speak with an experienced motor vehicle accident attorney
- Call Attorney911: 1-888-ATTY-911 for a 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 the extent of your injuries yet
Evidence Backup:
- Upload all screenshots and photos to cloud storage
- Email copies to yourself and a family member
- Create a written timeline of events while your memory is fresh
Week One Priorities
Medical Follow-Up:
- Continue documenting all injuries
- See specialists if recommended
- Follow ALL doctor’s recommendations (insurance watches for gaps)
- Get written work restrictions if needed
Investigation Begins:
- Attorney obtains police report
- Preservation letters sent to all parties
- Surveillance footage secured before deletion
- Witness statements recorded
Communication:
- Attorney handles ALL insurance communication
- You focus on recovery
- Document any pressure from insurance or other parties
Texas Motor Vehicle Law: What Plainview Accident Victims Need to Know
Statute of Limitations: The 2-Year Deadline
In Texas, you have 2 years from the date of your accident to file a personal injury lawsuit. This deadline, known as the statute of limitations, is absolute. If you miss it, your case will be barred forever, and you won’t be able to recover any compensation.
Exceptions to the 2-year rule:
- Discovery Rule: In rare cases, the 2-year clock may start when you discover an injury, not when the accident occurred
- Defendant’s Absence: If the defendant leaves Texas, the clock may be paused
- Mental Incapacity: The clock may be paused if you’re mentally incapacitated
Critical Point: The statute of limitations is different for property damage claims (also 2 years) and government claims (6 months notice required).
Comparative Negligence: The 51% Bar Rule
Texas uses a modified comparative negligence system with a 51% bar rule. This means:
- If you’re 50% or less at fault, you can recover damages, but your recovery is reduced by your percentage of fault
- If you’re 51% or more at fault, you recover NOTHING
Examples of how this works:
| Your Fault % | Case Value | Your Recovery |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 10% | $100,000 | $90,000 |
| 25% | $250,000 | $187,500 |
| 40% | $500,000 | $300,000 |
| 50% | $500,000 | $250,000 |
| 51% | $500,000 | $0 |
Why this matters: Insurance companies will always try to assign you maximum fault to reduce their payment. Even small percentages of fault can cost you thousands of dollars.
Lupe Peña’s experience working for insurance companies gives us an advantage in countering their comparative fault arguments. He knows exactly how they calculate fault percentages and can fight to minimize your assigned fault.
Texas Minimum Auto Insurance Requirements
Texas requires all drivers to carry minimum auto insurance coverage:
| Coverage Type | Minimum Required |
|---|---|
| Bodily Injury – Per Person | $30,000 |
| Bodily Injury – Per Accident | $60,000 |
| Property Damage – Per Accident | $25,000 |
Uninsured/Underinsured Motorist Statistics:
- Approximately 15.4% of U.S. motorists are uninsured (about 1 in 7 drivers)
- Texas allows inter-policy stacking for UM/UIM coverage
Why this matters: If you’re in an accident with an uninsured or underinsured driver, your own UM/UIM coverage can compensate you. It’s crucial to understand your policy and maximize your recovery.
Texas Dram Shop Law (TABC § 2.02)
Texas has a dram shop law that allows accident victims to sue establishments that served alcohol to obviously intoxicated individuals who later caused accidents.
Elements of a dram shop claim:
- The establishment served alcohol to someone who was obviously intoxicated
- The over-service was the proximate cause of the accident and damages
Signs of obvious intoxication:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Impaired coordination
- Aggressive or erratic behavior
- Strong odor of alcohol
Potentially liable parties:
- Bars and nightclubs
- Restaurants serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Social hosts (limited circumstances in Texas)
Why this matters: Dram shop claims can provide an additional source of compensation in drunk driving cases. They also serve as a deterrent against over-serving patrons.
Proving Liability: Building Your Case After a Plainview Accident
To win your motor vehicle accident case, you must prove four elements of negligence:
- Duty of Care: All drivers have a legal duty to operate their vehicles safely and obey traffic laws.
- Breach of Duty: The at-fault driver violated their duty of care (e.g., speeding, running a red light, texting while driving).
- Causation: The breach of duty directly caused your injuries.
- Damages: You suffered actual harm (physical, financial, emotional).
Types of Evidence We Use to Prove Your Case
Physical Evidence:
- Vehicle damage photographs (all angles)
- Skid marks, debris, and road damage
- Damaged personal property (clothing, glasses, phone)
- Weather and road conditions documentation
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)
- Cell phone records (proving distraction)
Electronic Evidence:
- ELD (Electronic Logging Device) data from trucks
- Vehicle black box/EDR (Event Data Recorder)
- GPS and telematics data
- Dashcam footage
- Social media posts (theirs, not yours)
Testimonial Evidence:
- Witness statements
- Expert witness testimony
- Medical expert opinions
- Accident reconstruction specialists
Multiple Liable Parties: More Insurance, Higher Recovery
In many accidents, multiple parties may share liability:
- Trucking Accidents: Driver, trucking company, cargo loader, vehicle manufacturer, maintenance company
- Rideshare Accidents: Rideshare driver, rideshare company (Uber/Lyft), other at-fault drivers, vehicle owner
- Drunk Driving Accidents: Drunk driver, bar/restaurant (dram shop liability), social host, liquor store
- Defective Vehicle Accidents: Vehicle manufacturer, parts manufacturer, dealership
More liable parties mean more insurance policies available to compensate you. Our team knows how to identify all potentially liable parties and maximize your recovery.
Expert Witnesses: Strengthening Your Case
At Attorney911, we work with a network of expert witnesses to build the strongest possible case for our clients:
| Expert Type | What They Prove |
|---|---|
| Accident Reconstructionist | How the crash occurred, who was at fault, speeds, angles |
| Medical Experts | Extent of injuries, future treatment needs, permanent impairment |
| Life Care Planner | Lifetime cost of care for catastrophic injuries |
| Vocational Expert | Lost earning capacity, inability to return to prior work |
| Economist | Present value of future losses, wage calculations |
| Biomechanical Engineer | How injuries were caused by collision forces |
| Trucking Industry Expert | FMCSA violations, industry standards |
| Human Factors Expert | Perception-reaction time, visibility issues |
Damages and Compensation: What You Can Recover After a Plainview Accident
Types of Damages Available in Texas
Economic Damages (No Cap in Texas):
- Medical expenses (past and future)
- Lost wages (past and future)
- Lost earning capacity
- Property damage
- Out-of-pocket expenses (transportation, home modifications, household help)
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
- Drunk driving cases often qualify
- Cap: Greater of $200,000 OR (2x economic damages + 1x non-economic damages, capped at $750,000 for non-economic portion)
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 – ORIF):
- 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
“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”
Spinal Cord Injury / Paralysis:
- Lifetime care costs: $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
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
Wrongful Death (Working Age Adult):
- Economic Damages: $1,060,000-$4,520,000
- Non-Economic Damages: $850,000-$5,000,000
- Settlement Range: $1,910,000-$9,520,000
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”
Nuclear Verdicts: How They Impact Your Case
Texas is #1 nationally for nuclear verdicts (jury awards exceeding $10 million). Recent Texas motor vehicle nuclear verdicts include:
- 2024: $81.7 million for car accident wrongful death
- 2024: $44.1 million for I-35 trucking pileup (6 deaths)
- 2024: $37.5 million for distracted truck driver (Oncor Electric)
- 2024: $35 million for trucking accident (Ben E. Keith, largest in Fort Worth history)
Why this matters: Insurance companies fear nuclear verdicts. This fear increases settlement values across all serious injury cases. Attorney911’s trial readiness and multi-million dollar track record give us leverage in every negotiation.
Settlement Multiplier Method: How Insurance Values Your Claim
Insurance companies often use a multiplier method to calculate settlements:
Total Settlement = (Medical Expenses × Multiplier) + Lost Wages + Property Damage
Multiplier Range: 1.5 to 5
| Injury Severity | Multiplier Range |
|---|---|
| Minor injuries (soft tissue, quick recovery) | 1.5 – 2 |
| Moderate injuries (broken bones, months recovery) | 2 – 3 |
| Severe injuries (surgery, long recovery) | 3 – 4 |
| Catastrophic injuries (permanent disability) | 4 – 5+ |
Factors that increase the multiplier:
- Permanent injury or disability
- Scarring or disfigurement
- Long recovery time (12+ months)
- Surgery required
- Ongoing pain management needed
- Clear liability (other driver 100% at fault)
- Sympathetic plaintiff (child, elderly, pregnant)
- Defendant’s conduct egregious (drunk driving, hit and run)
- Strong evidence (video, witnesses)
- Permanent restrictions on work/activities
Factors that decrease the multiplier:
- Soft tissue injury only
- Quick recovery (under 3 months)
- No surgery required
- Disputed liability (comparative fault)
- Gaps in medical treatment
- Pre-existing conditions
- Minor property damage
- No permanent injury
Why Lupe’s experience matters: Lupe calculated these multipliers for years using insurance company formulas. He knows:
- When to push for a higher multiplier (4-5 vs. 2-3)
- Which factors insurance weighs most heavily
- How to document cases to justify higher multipliers
- When the multiplier method undervalues a case (catastrophic injuries)
- When to abandon the multiplier and demand policy limits
Insurance Company Tactics: How They Try to Cheat You
At Attorney911, we know how insurance companies operate because Lupe Peña worked for them for years. He knows their playbook inside and out. Here are the six major tactics they use to minimize your claim – and how we counter them.
Tactic #1: Quick Contact & Recorded Statement (Days 1-3)
What they do:
Within hours or days of your accident, an insurance adjuster will contact you. They’ll sound friendly and helpful, saying things like:
- “We just want to help you”
- “We need to get your side of the story to process your claim”
- “This is routine, everyone does this”
- “It’ll only take a few minutes”
What they’re really doing:
They’re building their defense against you with leading questions designed to minimize your injuries and shift blame:
| Question They Ask | What They Want You to Say |
|---|---|
| “You’re feeling better now though, right?” | Trap you into saying you’re improving |
| “It wasn’t that bad of an impact, was it?” | Minimize collision severity |
| “You were able to walk away from the scene?” | Suggest injuries aren’t serious |
| “Were you distracted at all?” | Get you to admit distraction |
| “How fast were you going?” | Hope you overestimate or say “I don’t know” |
Everything you say is documented, recorded, transcribed, and will be used against you. You cannot take it back.
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:
DO NOT give a recorded statement without us. Once you hire Attorney911:
- We become your voice
- All calls go through us
- You don’t talk to adjusters
- We prepare you properly if a statement becomes absolutely necessary
- We sit with you during any statements
We know their questions because Lupe asked them for years. Now he uses that knowledge to protect you.
Tactic #2: Quick Settlement Offer (Weeks 1-3)
What they do:
Within days or weeks of your accident, the insurance company will offer you quick money:
- Typical offers: $2,000-$5,000
- Sometimes $10,000-$15,000 if they’re scared
- Sounds good when you have zero money and mounting bills
They create artificial urgency:
- “This offer expires in 48 hours”
- “I can only get approval for this amount right now”
- “Take it or leave it”
- “This is our final offer” (it’s not)
The trap:
You don’t know the extent of your injuries yet. Consider this scenario:
| What Happens | Result |
|---|---|
| Day 3: Insurance offers $3,500 “final settlement” | You’re desperate, in pain, scared |
| You sign the release | You think it’s over |
| Week 6: MRI shows herniated disc requiring surgery | Surgery costs $100,000 |
| TOO LATE | You signed release, can’t reopen claim |
| You pay $100,000 out of pocket | Insurance pays nothing more |
The release is permanent and final.
How Attorney911 counters:
NEVER settle before reaching Maximum Medical Improvement (MMI) – the point where you’ve recovered as much as you’re going to.
- MMI could be 6 months, 12 months, or 24+ months depending on injuries
- You can’t know the true value of your case until MMI
- We know their offers are ALWAYS lowball
- Lupe calculated these lowball offers for years – he KNOWS they’re offering 10-20% of true value
Tactic #3: “Independent” Medical Exam (Months 2-6)
What they call it: “Independent Medical Examination” (IME)
What it really is: Insurance Company Hired Doctor to Minimize Your Injuries
How insurance companies choose IME doctors:
- Based on who gives insurance-favorable reports (NOT who’s most qualified)
- Doctors who consistently find “no injury” or “pre-existing condition”
- Doctors paid THOUSANDS by insurance companies ($2,000-$5,000 per exam)
- Repeat business = repeat favorable reports
What happens at an IME:
- 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation)
- Rarely review your complete medical records beforehand
- Ask questions designed to elicit “I’m feeling better” responses
- Look for ANY reason to minimize injuries
Common IME doctor findings:
| What They Say | What It Means |
|---|---|
| “Patient has pre-existing degenerative changes” | Everyone over 40 has some arthritis – used to deny claims |
| “Injuries consistent with minor trauma” | Minimizes your pain and suffering |
| “Patient can return to full duty work” | Eliminates lost wage claims |
| “Treatment has been excessive” | Attacks your treating doctors |
| “Subjective complaints out of proportion to objective findings” | Medical speak for calling you a LIAR |
How Attorney911 counters:
- We prepare you extensively before the exam
- We send complete medical records to the IME doctor first (forcing review)
- We challenge biased IME reports with our own medical experts
- Lupe knows these specific doctors and their biases – he hired them for years
Tactic #4: Delay and Financial Pressure (Months 6-12+)
What they do:
They drag your case out, hoping you’ll get desperate:
- “Still investigating your claim”
- “Waiting for medical records” (that we sent months ago)
- “Reviewing your file”
- “Need additional information”
- Ignore calls and emails
- Take weeks to respond to simple questions
Why delay works (on people without attorneys):
They have:
- Unlimited time
- Unlimited resources
- No financial pressure
- Earning interest on YOUR settlement money while delaying
You have:
- Mounting bills
- Zero income
- Creditors threatening
- Need money NOW
Financial desperation makes you accept less:
- Month 1: You’d reject $5,000 offer
- Month 6: You’d seriously consider $5,000
- Month 12: You’d BEG for $5,000 just to end the nightmare
How Attorney911 counters:
- We file a lawsuit to force deadlines
- We set depositions, forcing them to produce witnesses
- We prepare for trial, showing we’re serious
- Lupe understands delay tactics because he used them – knows when to push
Tactic #5: Surveillance & Social Media Monitoring
What they do:
They hire private investigators to:
- Video you doing daily activities
- Film from public places (your driveway, street, stores)
- Follow you to appointments, errands, social activities
- Look for ANY activity contradicting injury claims
- One video of you bending over = “Not really injured”
They monitor ALL your social media:
- Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
- Screenshot EVERYTHING: photos, posts, check-ins, comments, likes
- Monitor your friends’ profiles for posts mentioning you
- Use facial recognition to find photos you’re tagged in
- Archive your entire social media history
Examples we’ve defended:
| Example | What Happened | Insurance Claimed | Reality |
|---|---|---|---|
| Old Photo | Gym photo from 3 YEARS AGO | Presented as recent, 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
Lupe’s insider quote:
“I’ve reviewed hundreds of surveillance videos and social media posts as defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life – they’re building ammunition against you.”
Tactic #6: Comparative Fault Arguments
What they do:
They try to assign you MAXIMUM fault to reduce their payment:
- “You were speeding” (without evidence)
- “You weren’t paying attention” (speculation)
- “You could have avoided this” (hindsight bias)
- “You were distracted” (guessing)
- “You contributed to this accident” (shifting blame)
Why they do this:
Texas’s 51% bar rule means:
- If you’re 51% or more at fault → You get NOTHING
- If you’re 50% or less at fault → Your damages are reduced by your percentage
Even small fault percentages cost thousands:
- 10% fault on $100,000 case = $10,000 less for you
- 25% fault on $250,000 case = $62,500 less for you
- 40% fault on $500,000 case = $200,000 less for you
How Attorney911 counters:
Aggressive liability investigation:
- Accident reconstruction proving other driver’s fault
- Witness statements supporting your version
- Police report analysis emphasizing citations
- Expert testimony on perception-reaction time
Lupe knows their fault arguments because he made them for years – now he defeats them.
The Colossus System: How Insurance Really Values Your Claim
How Colossus works:
- Data Entry: Adjuster inputs injury codes, treatment types, costs, jurisdiction
- Coding: Injuries coded using standardized medical terms
- Calculation: Software applies algorithms to determine “value”
- Range Output: System provides recommended settlement range
- Authority: Adjuster typically cannot exceed without supervisor approval
How insurance manipulates Colossus:
| Manipulation | Effect |
|---|---|
| Low Injury Codes | “Soft tissue strain” instead of “disc herniation” reduces value 50-100% |
| Excessive Treatment Flags | Therapy beyond “normal” range triggers reduction |
| Conservative Treatment Penalty | Chiropractic valued less than MD |
| Pre-Existing Reduction | Any prior condition used to reduce value |
| Jurisdiction Factor | Low-verdict counties get lower values |
Why Lupe’s experience matters:
- Knows how to code injuries properly for maximum value
- Knows which medical terms trigger higher valuations
- Knows when Colossus output is artificially low
- Knows how to present records to beat the algorithm
- Worked with these systems for years as a defense attorney
Reserve setting:
Insurance companies set reserves – money set aside for your claim based on worst-case scenario. Adjusters usually cannot settle for more than the reserve without approval.
How we increase reserves:
- Hiring experts (shows we’re investing in the case)
- Taking depositions (creating litigation expense)
- Filing a 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 After a Plainview Accident
Traumatic Brain Injury (TBI)
Immediate vs. Delayed Symptoms:
Immediate Symptoms (At Accident Scene or Within Hours):
- Loss of consciousness (even brief – seconds to minutes)
- Confusion and disorientation (“Where am I? What happened?”)
- Vomiting and nausea
- Seizures
- Severe headache
- Dilated pupils
- Slurred speech
- Weakness or numbness
Delayed Symptoms (Hours to Days Later – CRITICAL):
- Worsening headaches that don’t respond to medication
- Repeated vomiting
- Seizures developing days later
- Slurred speech or difficulty speaking
- Personality changes and mood swings
- Sleep disturbances (sleeping much more or can’t sleep)
- Sensitivity to light and noise
- Confusion and memory problems worsening
Why delayed symptoms matter legally:
Insurance companies claim delayed symptoms aren’t from the accident. We use medical experts to explain that symptom progression is NORMAL for brain injuries.
Severity Classifications:
| Classification | Characteristics |
|---|---|
| Mild TBI / Concussion | Brief LOC (seconds to minutes), GCS 13-15, may seem “fine” initially but can have serious long-term effects |
| Moderate TBI | LOC minutes to hours, GCS 9-12, lasting cognitive impairment, requires hospitalization |
| Severe TBI | Extended unconsciousness or coma, GCS 3-8, permanent disability likely, lifetime care needs |
Long-Term Complications:
- Chronic Traumatic Encephalopathy (CTE): Progressive brain degeneration, personality changes, dementia
- Post-Concussive Syndrome: Headaches, dizziness lasting months or years (affects 10-15% of TBI patients)
- Increased Dementia Risk: Single moderate TBI doubles dementia risk later in life
- Personality and Mood Disorders: Depression (40-50% of TBI patients), anxiety, irritability
- Seizure Disorders: Can develop months or years after injury
- Cognitive Impairment: Memory problems, difficulty concentrating, slowed processing
Spinal Cord Injury
Injury Levels and Impact:
Cervical Spine (C1-C8, Neck Region):
- C1-C4 (High Cervical): Quadriplegia (all four limbs paralyzed), possible ventilator dependence, 24/7 care required
- C5-C8 (Low Cervical): Quadriplegia with some arm/hand function, wheelchair dependent
Thoracic Spine (T1-T12, Mid-Back):
- Paraplegia: Lower body paralysis, wheelchair dependent
- Trunk control varies by level
Lumbar Spine (L1-L5, Lower Back):
- Varying degrees of leg weakness/paralysis
- Bowel/bladder dysfunction common
- May walk with assistive devices
ASIA Impairment Scale:
| Grade | Classification | Prognosis |
|---|---|---|
| A | Complete | No motor or sensory function below injury – worst |
| 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 (recovered) |
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)
- Shortened life expectancy (5-15 years on average)
Amputation
Types:
- Traumatic Amputation: Limb severed at accident scene by collision impact
- Surgical Amputation: Due to crush injuries or infections (like our documented case)
Levels:
- Above-Knee: More difficult, less mobility, more expensive prosthetics
- Below-Knee: Better mobility potential, easier prosthetic use
- Upper Extremity: Arm, hand, fingers
- Multiple Limbs: Exponentially more challenging
Phantom Limb Pain:
- 80% of amputees experience phantom pain
- Feeling pain in limb that’s no longer there
- Can be severe and debilitating
- Often permanent condition
- Requires lifetime pain management
Burn Injuries
Classifications:
| Degree | Characteristics | Treatment |
|---|---|---|
| First-Degree | Superficial, like sunburn, heals 7-10 days | Outpatient |
| Second-Degree | Blistering, severe pain, may scar | Monitor, possible hospital |
| Third-Degree | Full thickness, destroys all skin, always scars | Skin grafting required |
| Fourth-Degree | Extends into muscle and bone | Often requires amputation |
Body Surface Area Impact:
| % Body Burned | Treatment Required |
|---|---|
| <10% | Usually outpatient |
| 10-20% | Hospitalization required |
| 20-40% | Burn center, ICU, multiple surgeries |
| >40% | Extremely life-threatening |
| >60% | Often fatal |
Herniated Disc
Treatment Timeline:
- Acute Phase (Weeks 1-6): Severe pain, medications, rest. Cost: $2,000-$5,000
- Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic. Cost: $5,000-$12,000
- Interventional (If Conservative Fails): Epidural steroid injections. Cost: $3,000-$6,000
- Surgery (If Injections Fail): Microdiscectomy or fusion. Cost: $50,000-$120,000
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 (rotator cuff tears thought to be sprains)
Proper documentation is CRITICAL:
- Detailed pain descriptions to doctors
- Consistent treatment (no gaps)
- MRI proving injury
- Physical therapy records
- Work restrictions documented
Why Choose Attorney911 for Your Plainview Motor Vehicle Accident Case
Advantage 1: Insurance Defense Insider Knowledge
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
What this means for your case:
- We know their tactics because Lupe used them
- We anticipate their strategies before they deploy them
- We know how they value claims internally
- We know which IME doctors they favor
- We know how to beat their algorithms
- We speak their language
Lupe spent years working FOR insurance companies, learning:
- Claim valuation methods (Colossus software, reserve setting)
- Settlement authority structures and approval processes
- Defense tactics and delay strategies
- IME (Independent Medical Exam) doctor selection process
- Surveillance and investigation methods
- Delay and financial pressure tactics
- Comparative fault arguments and blame-shifting
Now he uses that knowledge FOR victims, not against them.
Phrases we use throughout content:
- “Lupe’s insider knowledge from years at a national defense firm”
- “We know their tactics because Lupe used them for years”
- “Lupe understands claim valuation – he calculated them himself”
- “Having a former defense attorney is an unfair advantage for our clients”
- “We anticipate their strategies because Lupe deployed them”
- “Lupe knows which IME doctors they favor – he hired them”
- “We speak their language because Lupe worked their side”
- “Lupe’s defense experience is now YOUR advantage”
Advantage 2: Multi-Million Dollar Results
Attorney911 has recovered millions for victims of:
- Brain injuries: “Multi-million dollar settlement for client who suffered brain injury with vision loss”
- Amputations: “This case settled in the millions”
- Trucking wrongful death: “Recovered millions of dollars in compensation”
- Maritime injuries: “Significant cash settlement”
Our results prove we don’t settle cheap.
Advantage 3: Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas.
Why this matters:
- Complex cases often end up in federal court
- FMCSA trucking regulations are federal
- Diversity jurisdiction for out-of-state defendants
- Federal court requires different skills than state court
BP Explosion Litigation: “Our firm is one of the few firms in Texas to be involved in BP explosion litigation”
Advantage 4: Personal Attention
What clients say:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad Harris
“I never felt like ‘just another case’ they were working on.” – Ambur Hamilton
“Ralph reached out personally.” – Dame Haskett
“Consistent communication and not one time did i call and not get a clear answer.” – Dame Haskett
You work directly with Ralph or Lupe, not a case manager assembly line.
Advantage 5: Contingency Fee – No Risk to You
“We don’t get paid unless we win your case.”
- Free consultation
- No upfront costs
- No hourly billing
- We advance all case costs
- You pay nothing unless we recover for you
Frequently Asked Questions About Motor Vehicle Accidents in Plainview
Immediate After Accident
1. What should I do immediately after a car accident in Plainview, Hale County, Texas?
If you’ve been in an accident in Plainview or anywhere in Hale 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: 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 Hale County?
In Hale County, you can obtain the police report from the responding agency (Plainview Police Department or Hale County Sheriff’s Office) 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 or 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 the date of the accident for personal injury, 2 years from the date of death for wrongful death. Miss it = case barred forever.
16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (reduced by your fault %). If 51% or more 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 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. “Eggshell plaintiff” rule: Defendant takes victim as they find them.
Example: You had mild occasional back pain. The accident caused a herniated disc requiring surgery. You recover for the NEW injury, not just the pre-existing pain. We hire medical experts to prove the difference. Lupe knows how insurance 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.
Example: $100,000 medical × 4 multiplier = $400,000 pain & suffering. Lupe calculated these for years—he knows how to justify higher multipliers. See Section G for a detailed breakdown.
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, 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.
Attorney911 Serves Plainview and All of Hale County
Attorney911 serves Plainview, Hale County, and the entire Texas Panhandle region from our offices across Texas. While we’re based in Houston, Austin, and Beaumont, our Texas-wide practice means we understand the unique challenges faced by Plainview residents after motor vehicle accidents.
Why Local Knowledge Matters in Plainview
Plainview and Hale County have unique characteristics that affect motor vehicle accident cases:
- Rural Roads and Highways: I-27 and US-87 see heavy truck traffic, increasing the risk of serious accidents
- Agricultural Industry: Farm equipment on roads creates unique hazards
- Weather Conditions: Dust storms, winter ice, and high winds create dangerous driving conditions
- Local Medical Facilities: Covenant Hospital Plainview and local clinics provide initial treatment, but serious injuries often require transfer to Lubbock or Amarillo
- Court System: Cases are handled in Hale County courts, where we understand the local procedures and judges
Our Commitment to Plainview
At Attorney911, we’re committed to serving Plainview and Hale County residents with the same dedication we provide to clients in our home cities. We offer:
- Free consultations to discuss your case
- Contingency fee representation – no fee unless we win
- Remote consultations via phone or video conference
- Travel to Plainview for depositions, court appearances, and client meetings
- Local referrals to trusted medical providers and specialists
- Bilingual services – Lupe Peña is fluent in Spanish
Common Accident Locations in Plainview
Our team is familiar with the most dangerous intersections and roadways in Plainview:
- I-27 at US-87: High-speed interchange with heavy truck traffic
- US-87 at Olton Road: Busy intersection with frequent collisions
- 24th Street at Broadway: Downtown area with pedestrian traffic
- FM 1914 at US-87: Rural intersection with limited visibility
- Olton Road at 5th Street: Commercial area with heavy traffic
- Plainview High School Zone: School zones require extra caution
- Covenant Hospital Area: Medical traffic can create congestion
Local Resources for Plainview Accident Victims
Medical Facilities:
- Covenant Hospital Plainview (Level IV Trauma Center)
- Covenant Medical Group clinics
- Local physical therapy providers
- Specialists in Lubbock and Amarillo for serious injuries
Law Enforcement:
- Plainview Police Department
- Hale County Sheriff’s Office
- Texas Department of Public Safety (DPS)
Legal Resources:
- Hale County Courthouse
- Local process servers and court reporters
- Expert witnesses familiar with Panhandle conditions
Call Attorney911 Now: 1-888-ATTY-911
If you’ve been injured in a motor vehicle accident in Plainview or anywhere in Hale County, don’t wait. Evidence disappears daily, and insurance companies are already building their case against you.
At Attorney911, we offer:
- Free consultation to discuss your case
- No fee unless we win – you pay nothing upfront
- Insurance defense insider knowledge – Lupe knows their tactics
- 25+ years of experience – Ralph Manginello’s proven track record
- Multi-million dollar results – we fight for maximum compensation
- Personal attention – you work directly with Ralph or Lupe
- Bilingual services – Se habla español
Call now: 1-888-ATTY-911
“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
“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad Harris
Don’t let insurance companies take advantage of you. Call Attorney911 today for your free consultation. We don’t get paid unless we win your case.
1-888-ATTY-911 – Your legal emergency line, answered 24/7.

