Motor Vehicle Accident Lawyers in the City of Nevada, Texas
If you’ve been injured in a car accident in the City of Nevada, Texas, you’re not alone. With one motor vehicle crash occurring every 57 seconds in Texas and over 251,000 people injured annually, the roads in Collin County are more dangerous than many realize. At Attorney911, we understand the physical, emotional, and financial toll an accident can take on you and your family. With Ralph Manginello’s 25+ years of experience serving Texas accident victims, our firm has the expertise to fight for the maximum compensation you deserve.
The City of Nevada sits along major roadways that see heavy traffic, including State Highway 78 and nearby U.S. Highway 380. These routes connect our community to larger cities like McKinney and Sherman, but they also bring increased risk of collisions. Whether you were rear-ended on Highway 78, involved in a multi-vehicle crash at a busy intersection, or struck by a distracted driver in a residential neighborhood, our team knows how to navigate the complex legal landscape to protect your rights.
The Reality of Motor Vehicle Accidents in the City of Nevada
Texas consistently ranks among the most dangerous states for motor vehicle accidents, and Collin County is no exception. In 2024 alone, Texas saw:
- 1 crash every 57 seconds
- 1 person injured every 2 minutes and 5 seconds
- 4,150 total fatalities
- 251,977 people injured
For residents of the City of Nevada, these statistics aren’t just numbers – they represent neighbors, friends, and family members whose lives have been disrupted by preventable accidents. The most common causes of crashes in our area include:
- Distracted driving (380 deaths statewide in 2024)
- Speeding
- Failure to yield right of way
- Running red lights and stop signs
- Following too closely
- Driving under the influence of alcohol or drugs
The dangerous intersection of Highway 78 and County Road 566 has seen multiple collisions in recent years, often involving commercial vehicles traveling between McKinney and Sherman. Our firm has handled numerous cases from this corridor, helping victims recover compensation for their injuries.
Common Types of Motor Vehicle Accidents in the City of Nevada
At Attorney911, we handle all types of motor vehicle accidents that occur in the City of Nevada and throughout Collin County. Our experience includes:
Car Accidents (Tier 1 – Most Common)
Car accidents are the most frequent type of collision we see in the City of Nevada. These can range from minor fender-benders to catastrophic crashes resulting in life-altering injuries. Common scenarios include:
- Rear-end collisions on Highway 78 during rush hour
- T-bone accidents at unprotected intersections
- Head-on collisions from wrong-way drivers
- Single-vehicle crashes from distracted or impaired driving
- Multi-vehicle pileups during inclement weather
In a recent case, our client’s leg was injured in a car accident on Highway 78 when a distracted driver crossed the center line. During treatment, staff infections developed, leading to a partial amputation. This case settled in the millions, demonstrating our commitment to fighting for maximum compensation even in complex cases.
Common injuries in 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
As client Chavodrian Miles shared: “Leonor got me into the doctor the same day after my accident on Highway 78. The entire process only took 6 months – amazing service when I needed it most.”
18-Wheeler and Commercial Truck Accidents (Tier 1 – Highest Risk)
The City of Nevada’s proximity to major highways means we see our share of trucking accidents. These collisions are particularly dangerous due to the size and weight disparity between commercial trucks (up to 80,000 pounds) and passenger vehicles.
In 2024, Texas saw:
- 39,393 commercial motor vehicle crashes
- 608 trucking fatalities
- 1,601 serious injuries
- Texas accounts for 11% of ALL fatal truck crashes nationwide
Common causes of truck accidents in our area include:
- Driver fatigue (violating Hours of Service regulations)
- Improper loading or overloading
- Mechanical failures (brakes, tires, steering)
- Distracted driving
- Speeding or aggressive driving
- Poor weather conditions
- Inadequate training
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. Ralph Manginello’s federal court admission in the Southern District of Texas gives us the capability to handle complex trucking cases that other firms may avoid.
Why trucking cases are more complex:
- Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
- Federal regulations (FMCSA) that don’t apply to regular drivers
- Higher insurance policy limits ($750,000 to $5,000,000+)
- Electronic logging device (ELD) data that can prove violations
- More severe injuries due to the force of impact
Drunk Driving Accidents (Tier 1 – Preventable Tragedies)
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 Collin County, we see far too many families devastated by drunk drivers, especially on weekends and holidays.
Texas has strong dram shop laws that allow victims to hold bars, restaurants, and other establishments liable if they served alcohol to someone who was obviously intoxicated. Under the Texas Alcoholic Beverage Code § 2.02, we can pursue claims against:
- Bars and nightclubs
- Restaurants serving alcohol
- Liquor stores
- Event venues (concerts, festivals)
- Social hosts (in limited circumstances)
Signs of obvious intoxication that may make an establishment liable:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Impaired coordination
- Aggressive or erratic behavior
- Strong odor of alcohol
- Difficulty standing or sitting upright
Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA) gives our firm unique capability in handling drunk driving cases that involve both criminal and civil components. We’ve successfully had multiple DWI cases dismissed by challenging breathalyzer machine maintenance, missing evidence, and video evidence that contradicted officer reports.
Motorcycle Accidents (Tier 2 – High Risk for Riders)
Motorcycle accidents often result in catastrophic injuries due to the lack of protection for riders. In 2024, Texas saw 585 motorcyclist fatalities, with 37% of those killed not wearing helmets. Collin County has seen an increase in motorcycle traffic in recent years, particularly on scenic routes like Highway 5.
Common causes of motorcycle accidents in our area include:
- Drivers failing to yield right of way to motorcycles
- Distracted drivers not seeing motorcycles
- Unsafe lane changes by other vehicles
- Left-turn accidents at intersections
- Speeding and reckless driving
Texas law requires helmets for all riders under 21. Riders 21 and over may ride without a helmet if they’ve completed an approved safety course or have at least $10,000 in medical insurance coverage.
Why motorcycle cases are challenging:
- Insurance companies often try to blame the rider
- Texas’ 51% comparative fault rule can bar recovery if rider is found more than 50% at fault
- Injuries are typically more severe than in car accidents
- Riders face bias from juries who may not understand motorcycle dynamics
Pedestrian Accidents (Tier 2 – Most Vulnerable Victims)
Pedestrians are the most vulnerable road users, with 768 pedestrian fatalities in Texas in 2024. In the City of Nevada, pedestrian accidents often occur in areas with heavy foot traffic, such as near schools, parks, and shopping areas.
Critical legal point for pedestrians:
Under Texas law, pedestrians ALWAYS have the right of way at intersections – even at unmarked crosswalks. Many drivers don’t know this, and insurance companies won’t tell you. Anytime there’s an intersection of two streets, the distance between them is legally considered a crosswalk, even if it’s not marked.
Common pedestrian accident scenarios in our area include:
- Drivers failing to yield at crosswalks
- Vehicles turning right on red without checking for pedestrians
- Distracted drivers not seeing pedestrians in parking lots
- School zone accidents involving children
- Pedestrians struck while walking along rural roads with no sidewalks
Common pedestrian injuries:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken pelvis and legs
- Internal organ damage
- Fatalities
Rideshare Accidents (Uber/Lyft) (Tier 2 – Complex Insurance Issues)
Rideshare accidents present unique challenges due to the complex insurance coverage that changes based on what the driver was doing at the time of the crash. With Uber and Lyft operating extensively in the City of Nevada and surrounding areas, we’ve seen an increase in these types of cases.
Rideshare Insurance Phases:
| Phase | Driver Status | Coverage Available |
|---|---|---|
| Period 0 – Offline | App off, personal use | Personal insurance only ($30K/$60K/$25K minimum in Texas) |
| Period 1 – Waiting | App on, no ride request | Contingent coverage: $50K/$100K/$25K |
| Period 2 – Accepted | Ride accepted, en route to pickup | Full commercial: $1,000,000 liability |
| Period 3 – Transporting | Passenger in vehicle | Full commercial: $1,000,000 liability |
Who can be injured in rideshare accidents:
- 21% Riders
- 21% Drivers
- 58% Third parties (other drivers, pedestrians, passengers in other vehicles)
Lupe Peña’s experience working for insurance companies gives our firm a unique advantage in navigating these complex insurance phases. He knows how to identify the correct coverage and maximize recovery for our clients.
Hit and Run Accidents (Tier 2 – Protecting Your Rights)
Hit and run accidents are particularly frustrating because the at-fault driver flees the scene. In Texas, hit and run is a serious crime with severe penalties:
| Severity | Charge | Penalty |
|---|---|---|
| Death | 2nd Degree Felony | 2-20 years prison, up to $10K fine |
| Serious Bodily Injury | 3rd Degree Felony | 2-10 years prison, up to $10K fine |
| Minor Injury | State Jail Felony | Up to 5 years, up to $5K fine |
| Property Damage ≥$200 | Class B Misdemeanor | Up to 6 months jail, up to $2K fine |
If you’re the victim of a hit and run in the City of Nevada, your own Uninsured Motorist (UM) coverage can compensate you when the at-fault driver is unidentified. We’ve helped numerous clients recover substantial settlements through UM claims after hit and run accidents.
What to do after a hit and run:
- Call 911 immediately
- Get medical attention
- Document everything (photos, witness info)
- File a police report
- Call Attorney911 at 1-888-ATTY-911
- DO NOT chase the fleeing driver
Evidence disappears quickly in hit and run cases. Surveillance footage from nearby businesses is typically deleted within 7-30 days. We send preservation letters immediately to secure this critical evidence.
The 48-Hour Protocol: What to Do Immediately After an Accident in the City of Nevada
The moments after an accident are critical for protecting your health and your legal rights. Follow this 48-hour protocol to ensure you don’t make mistakes that could hurt your case:
Hour 1-6: Immediate Crisis Response
- Safety First: If you can move safely, get to a secure location away from traffic. Turn on hazard lights and set up flares if available.
- Call 911: Report the accident and request medical assistance if anyone is injured. Even if injuries seem minor, adrenaline can mask serious conditions.
- Medical Attention: If injured, get to the nearest emergency room or urgent care. For City of Nevada residents, options include:
- Baylor Scott & White Medical Center – McKinney (15 miles away)
- Medical City McKinney (12 miles away)
- Local urgent care centers for less severe injuries
- 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 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 memory is fresh
Week One Priorities
- Medical Follow-Up:
- Continue documenting all injuries
- See specialists if recommended
- Follow ALL doctor recommendations (insurance watches for gaps)
- Get written work restrictions if needed
- Investigation Begins:
- Attorney obtains police report
- Preservation letters sent to all parties
- Surveillance footage secured before deletion
- Witness statements recorded
- Communication:
- Attorney handles ALL insurance communication
- You focus on recovery
- Document any pressure from insurance or other parties
Texas Motor Vehicle Accident Law: What City of Nevada Residents Need to Know
Texas has specific laws that govern motor vehicle accidents and personal injury claims. Understanding these laws is crucial for protecting your rights after an accident in the City of Nevada.
Statute of Limitations: The 2-Year Deadline
Under the Texas Civil Practice & Remedies Code § 16.003, you have 2 years from the date of your accident to file a personal injury lawsuit. This deadline applies to:
- Car accident claims
- Truck accident claims
- Motorcycle accident claims
- Pedestrian accident claims
- Wrongful death claims (2 years from date of death)
Critical Point: If you miss this deadline, your case will be barred forever, and you’ll lose your right to compensation. This is why it’s essential to contact Attorney911 as soon as possible after your accident.
Exceptions to the 2-Year Rule:
- Discovery Rule: In rare cases, the statute may start later if the injury wasn’t immediately discoverable
- Minors: The statute is tolled (paused) until the minor turns 18, then they have 2 years from their 18th birthday
- Defendant Absence: If the defendant leaves Texas, the statute may be tolled during their absence
- Mental Incapacity: The statute is tolled during periods of mental incapacity
Comparative Negligence: The 51% Bar Rule
Texas uses a modified comparative negligence system with a 51% bar rule. This means:
- If you are 50% or less at fault, you can recover damages, but your compensation will be reduced by your percentage of fault
- If you are 51% or more at fault, you cannot recover ANY compensation
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 maximum fault to you to reduce their payment. Even small percentages of fault can cost you thousands of dollars. Lupe Peña’s experience as a former insurance defense attorney gives us an advantage in countering these arguments.
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 Motorist Statistics:
- Approximately 15.4% of Texas drivers are uninsured (about 1 in 7)
- This means you have a significant chance of being hit by an uninsured driver
- Uninsured/Underinsured Motorist (UM/UIM) coverage is critical for protection
Texas allows inter-policy stacking of UM/UIM coverage. This means if you have multiple vehicles with UM/UIM coverage, you may be able to combine the coverage limits to increase your protection.
Dram Shop Liability: Holding Establishments Accountable
Texas has strong dram shop laws under the Texas Alcoholic Beverage Code § 2.02. These laws allow victims of drunk driving accidents to hold bars, restaurants, and other establishments liable if they served alcohol to someone who was obviously intoxicated.
Elements to prove dram shop liability:
- The establishment served alcohol to someone who was obviously intoxicated at the time of service
- The over-service was the proximate cause of the accident and damages
Signs of obvious intoxication that may make an establishment liable:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Impaired coordination
- Aggressive or erratic behavior
- Strong odor of alcohol
- Difficulty standing or sitting upright
- Making inappropriate comments
- Memory lapses
Potentially liable parties:
- Bars and nightclubs
- Restaurants serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Hotels with bars or room service
- Social hosts (in limited circumstances)
Ralph Manginello’s membership in the Harris County Criminal Lawyers Association gives our firm unique capability in handling dram shop cases that involve both civil and criminal components.
Proving Liability: Building a Strong Case for City of Nevada Accident Victims
To win your motor vehicle accident case in Texas, you must prove four elements of negligence:
- Duty of Care: The at-fault driver had a legal obligation to operate their vehicle safely
- Breach of Duty: The at-fault driver violated that duty through negligent actions
- 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
At Attorney911, we leave no stone unturned when investigating your accident. We gather multiple types of evidence to build the strongest possible case:
Physical Evidence:
- Vehicle damage photographs (all angles)
- Skid marks, debris, road damage
- Damaged personal property (clothing, glasses, phone)
- Weather and road conditions documentation
Documentary Evidence:
- Police accident report (critical for establishing fault)
- 911 call recordings (can reveal admissions of fault)
- Traffic camera footage
- Surveillance footage from nearby businesses
- Medical records and bills
- Employment records (for lost wage claims)
- Cell phone records (to prove distraction)
Electronic Evidence:
- Electronic Logging Device (ELD) data from commercial trucks
- Vehicle black box/Event Data Recorder (EDR)
- GPS/telematics data
- Dashcam footage
- Social media posts (theirs, not yours – we never use client social media)
Testimonial Evidence:
- Witness statements (we interview witnesses before memories fade)
- Expert witness testimony (accident reconstructionists, medical experts)
- Medical expert opinions (to prove injury causation)
- Your own detailed account of what happened
Multiple Liable Parties: Increasing Your Recovery
In many motor vehicle accidents, there are multiple parties who may share liability. Identifying all potentially liable parties is crucial for maximizing your compensation.
Examples of multiple liable parties:
Trucking Accidents:
- Truck driver (negligent operation)
- Trucking company (negligent hiring, supervision, maintenance)
- Cargo loader (improper loading causing instability)
- Vehicle manufacturer (defective parts)
- Maintenance company (improper repairs)
- Broker or shipper (negligent hiring of trucking company)
Rideshare Accidents:
- Rideshare driver
- Rideshare company (Uber/Lyft)
- Other at-fault drivers
- Vehicle owner (if different from driver)
Drunk Driving Accidents:
- Drunk driver
- Bar or restaurant (dram shop liability)
- Social host (in limited circumstances)
- Liquor store (selling to obviously intoxicated person)
More liable parties = more insurance policies = higher potential recovery.
Expert Witnesses: Strengthening Your Case
We work with a network of expert witnesses to strengthen your case:
| Expert Type | What They Prove |
|---|---|
| Accident Reconstructionist | How the crash occurred, who was at fault, speeds, angles of impact |
| 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, accurate wage calculations |
| Biomechanical Engineer | How injuries were caused by specific collision forces |
| Trucking Industry Expert | FMCSA violations, industry standards, Hours of Service compliance |
| Human Factors Expert | Perception-reaction time, visibility issues, driver attention |
Damages and Compensation: What City of Nevada Accident Victims Can Recover
After a motor vehicle accident in the City of Nevada, you may be entitled to various types of compensation. At Attorney911, we fight to recover the full value of your claim, not just what the insurance company initially offers.
Types of Damages Available in Texas
Economic Damages (No Cap in Texas):
- Medical Expenses (Past): ER visits, hospital stays, surgeries, doctor visits, physical therapy, medications, medical equipment
- Medical Expenses (Future): Ongoing treatment, future surgeries, lifetime medications, long-term care needs
- Lost Wages (Past): Income lost from the date of accident to present
- Lost Earning Capacity (Future): Reduced ability to earn income in the future due to permanent injuries
- Property Damage: Vehicle repair or replacement, personal property damaged in the accident
- Out-of-Pocket Expenses: Transportation to medical appointments, home modifications, household help, childcare
Non-Economic Damages (No Cap Except Medical Malpractice):
- Pain and Suffering: Physical pain from injuries, both past and future
- Mental Anguish: Emotional distress, anxiety, depression, fear, PTSD
- Physical Impairment: Loss of physical function, disability, permanent limitations
- Disfigurement: Scarring, permanent visible injuries affecting appearance
- Loss of Consortium: Impact on marriage and family relationships, loss of companionship
- Loss of Enjoyment of Life: Inability to participate in activities you previously enjoyed
Punitive/Exemplary Damages (Capped):
- Available for gross negligence, fraud, or malice
- Common in drunk driving cases
- Cap: Greater of $200,000 OR (2x economic damages + 1x non-economic damages, with non-economic portion capped at $750,000)
- Purpose: To punish the defendant and deter similar conduct
Settlement Ranges by Injury Type
The value of your case depends on many factors, including the severity of your injuries, the impact on your life, and the strength of the evidence. Here are typical settlement ranges for common injuries:
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 (past) + $30,000-$100,000 (future)
- 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 (past) + $300,000-$3,000,000 (future)
- Lost Wages: $50,000-$200,000
- Lost Earning Capacity: $500,000-$3,000,000+
- Pain & Suffering: $500,000-$3,000,000+
- Settlement Range: $1,548,000-$9,838,000
Attorney911 Documented Result:
“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”
Spinal Cord Injury / Paralysis:
- Lifetime care costs range from $2,500,000 to $13,000,000+
- Settlement Range: $4,770,000-$25,880,000
Amputation:
- Medical Treatment: $170,000-$480,000 (past) + $500,000-$2,000,000 (future prosthetics)
- Lost Wages: $20,000-$50,000
- Lost Earning Capacity: $500,000-$4,000,000+
- Pain & Suffering: $1,000,000-$3,000,000+
- Settlement Range: $1,945,000-$8,630,000
Attorney911 Documented Result:
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions”
Wrongful Death (Working Age Adult):
- 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
- Mental anguish: $250,000-$1,500,000
- Settlement Range: $1,910,000-$9,520,000
Attorney911 Documented Result:
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation”
Nuclear Verdicts: Why Insurance Companies Fear Trial
Texas has seen a dramatic increase in nuclear verdicts (jury awards exceeding $10 million) in recent years. These large verdicts have changed the insurance landscape and increased settlement values across all serious injury cases.
Recent Texas Nuclear Verdicts in Motor Vehicle Cases:
| Year | Case | Amount | Details |
|---|---|---|---|
| 2024 | Hatch v. Jones | $81,720,000 | Car accident wrongful death |
| 2024 | Frito-Lay Warehouse | $72,000,000 | Vehicle collision |
| 2024 | Lopez v. All Points 360 | $105,000,000 | Amazon delivery driver accident |
| 2024 | New Prime I-35 pileup | $44,100,000 | 6 deaths in trucking accident |
| 2024 | Oncor Electric | $37,500,000 | Distracted truck driver |
| 2023 | Johnson v. Union Pacific | $557,000,000 | Train accident |
| 2021 | Ramsey v. Landstar | $730,000,000 | Trucking accident |
| 2017 | Kindred v. Delbosque | $301 BILLION | Drunk driving (largest verdict in U.S. history) |
Why this matters for your case:
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 gives us leverage in every negotiation.
The Settlement Multiplier Method: How Insurance Companies Value Claims
Insurance companies use a formula to calculate settlement offers:
Total Settlement = (Medical Expenses × Multiplier) + Lost Wages + Property Damage
The multiplier typically ranges from 1.5 to 5, depending on:
| 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
- Severe impact on daily activities
- Clear liability (other driver 100% at fault)
- Sympathetic plaintiff (child, elderly, pregnant)
- Egregious defendant conduct (drunk driving, hit and run)
- Strong evidence (video, witnesses)
- Permanent restrictions on work or 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 Peña’s experience matters:
Lupe calculated these multipliers for years while working for insurance companies. He knows:
- When to push for higher multipliers (4-5 vs. 2-3)
- Which factors insurance companies weigh 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
At Attorney911, we don’t accept low multipliers. We fight for what your case is truly worth.
Insurance Tactics: How They Try to Deny or Minimize Your Claim
Insurance companies are not on your side. Their goal is to pay you as little as possible – or nothing at all. Lupe Peña, our associate attorney, spent years working for insurance companies. He knows their tactics because he used them himself. Now, he uses that insider knowledge to fight FOR you.
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 act friendly and helpful, saying things like:
- “We just want to help you”
- “We need 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 trap you:
| 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” |
The truth:
- You are NOT required to give a recorded statement to the other driver’s insurance company
- Giving a statement without an attorney ALMOST ALWAYS hurts your case
- Insurance companies know this – that’s why they push so hard
How Attorney911 counters:
Once you hire us, we become your voice. We:
- Handle all communication with insurance companies
- Prepare you properly if a statement becomes necessary
- Are present during any statements to protect your rights
- Know their questions because Lupe asked them for years
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
- They’ll create artificial urgency:
- “This offer expires in 48 hours”
- “I can only get approval for this amount right now”
- “Take it or leave it”
- “This is our final offer” (it’s not)
The trap:
You don’t know the extent of your injuries yet. Here’s what often happens:
| What Happens | Result |
|---|---|
| Day 3: Insurance offers $3,500 “final settlement” | You’re desperate, in pain, scared about bills |
| 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 the release, can’t reopen claim |
| You pay $100,000 out of pocket | Insurance pays nothing more |
The release is permanent and final. Once signed, you cannot undo it.
How Attorney911 counters:
We NEVER settle before you’ve reached Maximum Medical Improvement (MMI) – the point where you’ve recovered as much as you’re going to. This could be 6 months, 12 months, or 24+ months depending on your injuries.
Lupe knows these offers are ALWAYS lowball because he calculated them for years. He knows they’re offering 10-20% of what your case is truly worth.
Tactic #3: “Independent” Medical Exam (IME) (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 insurance companies choose IME doctors:
They select 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)
- Doctors who want 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 your 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
“I’ve reviewed hundreds of surveillance videos and social media posts as defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life – they’re building ammunition against you.” – Lupe Peña
Tactic #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 you sent months ago)
- “Reviewing your file”
- “Need additional information”
- Ignore your calls and emails
- Take weeks to respond to simple questions
Why delay works (on people without attorneys):
Insurance Companies 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 a $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 – he knows when to push
Tactic #5: Surveillance and Social Media Monitoring
What they do:
Insurance companies 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 your 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
- Obtain content through subpoenas
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 the accident, injuries, activities, or emotions
- DON’T check in anywhere
- Tell friends/family: don’t tag you, 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:
They try to assign you MAXIMUM fault to reduce their payment:
- “You were speeding” (without evidence)
- “You weren’t paying attention” (speculation)
- “You could have avoided this” (hindsight bias)
- “You were distracted” (guessing)
- “You contributed to this accident” (shifting blame)
Why they do this:
Texas’ 51% bar rule means:
- If you’re 51%+ 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:
We conduct an aggressive liability investigation:
- Accident reconstruction proving the other driver’s fault
- Witness statements supporting your version
- Police report analysis emphasizing citations
- Expert testimony on perception-reaction time
- Video evidence when available
Lupe knows their fault arguments because he made them for years – now he defeats them.
The Colossus System: How Insurance Companies ACTUALLY Value Your Claim
Lupe Peña knows how insurance companies value claims because he used these systems himself while working for a national defense firm.
How Colossus Works:
- Data Entry: Adjuster inputs injury codes, treatment types, costs, jurisdiction
- Coding: Injuries are coded using standardized medical terms
- Calculation: Software applies algorithms to determine “value”
- Range Output: System provides recommended settlement range
- Authority: Adjuster typically cannot exceed this range without supervisor approval
How insurance companies 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 treatment |
| Pre-Existing Reduction | Any prior condition used to reduce value |
| Jurisdiction Factor | Low-verdict counties get lower values |
Why Lupe’s experience matters:
- He knows how to code injuries properly for maximum value
- He knows which medical terms trigger higher valuations
- He knows when Colossus output is artificially low
- He knows how to present records to beat the algorithm
- He worked with these systems for years as a defense attorney
Reserve Setting: How Insurance Companies Limit Your Settlement
What reserves are:
- Money the insurance company sets aside for your claim
- Based on their estimate of the worst-case scenario (trial verdict)
- Adjuster 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 (creates 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 for our clients.
Medical Knowledge: Understanding Your Injuries
At Attorney911, we understand that the medical aspects of your case are just as important as the legal ones. We work with medical experts to ensure your injuries are properly documented and valued.
Traumatic Brain Injury (TBI)
Traumatic brain injuries are among the most serious consequences of motor vehicle accidents. They can range from mild concussions to severe, life-altering injuries.
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 often 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 loss of consciousness, GCS 13-15, may seem “fine” initially but can have serious long-term effects |
| Moderate TBI | Loss of consciousness 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 Injuries
Spinal cord injuries can result in partial or complete paralysis, dramatically changing your life in an instant.
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 prognosis |
| B | Sensory Incomplete | Sensory function but no motor function below injury |
| C | Motor Incomplete | Motor function but most muscles have less than 3/5 strength |
| D | Motor Incomplete | Motor function with most muscles having 3/5 or greater strength |
| E | Normal | Full motor and sensory function (recovered) |
Secondary complications:
- Pressure sores (leading cause of hospitalization for SCI patients)
- 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)
Amputations
Amputations can result from traumatic accidents or surgical necessity due to severe injuries.
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 a limb that’s no longer there
- Can be severe and debilitating
- Often a permanent condition
- Requires lifetime pain management
Attorney911 Documented Result:
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions”
Burn Injuries
Burn injuries can occur in motor vehicle accidents, particularly in collisions involving fuel spills or electrical fires.
Classifications:
| Degree | Characteristics | Treatment |
|---|---|---|
| First-Degree | Superficial, like sunburn, heals 7-10 days | Outpatient care |
| Second-Degree | Blistering, severe pain, may scar | Monitor, possible hospitalization |
| 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 care |
| 10-20% | Hospitalization required |
| 20-40% | Burn center, ICU, multiple surgeries |
| >40% | Extremely life-threatening |
| >60% | Often fatal |
Herniated Discs
Herniated discs are a common injury in motor vehicle accidents, particularly rear-end collisions.
Treatment timeline:
- Acute Phase (Weeks 1-6): Severe pain, medications, rest. Cost: $2,000-$5,000
- Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic care. 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
Soft tissue injuries (whiplash, sprains, strains) are common but often undervalued by insurance companies.
Why insurance undervalues soft tissue injuries:
- No broken bones or surgery = appears “minor”
- Difficult to see on X-rays
- Symptoms are subjective (pain, stiffness)
Why soft tissue injuries 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
Psychological Injuries
Motor vehicle accidents can cause significant psychological trauma.
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 or similar roads
- 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 City of Nevada Accident Case
When you’ve been injured in a motor vehicle accident in the City of Nevada, you need more than just a lawyer – you need a legal team with the experience, resources, and commitment to fight for maximum compensation. Here’s why Attorney911 is the right choice for your 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.”
This is our most powerful competitive advantage. Lupe spent years working FOR insurance companies. Now he uses that insider knowledge to fight FOR you. He knows:
- How insurance companies value claims (he calculated them himself)
- Which tactics they use to minimize payments
- How to counter their strategies
- Which IME doctors they favor (he hired them)
- How to beat the Colossus software system
- When they’re bluffing about policy limits
No other firm in the City of Nevada has this level of insider knowledge. This advantage translates to higher settlements for our clients.
2. Multi-Million Dollar Results
At Attorney911, we don’t just talk about results – we prove them with specific case outcomes:
- Brain Injury: “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”
- Amputation: “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”
- Trucking Wrongful Death: “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”
- Maritime Injury: “In a recent case, our client injured his back while lifting cargo on a ship. Our investigation revealed that he should have been assisted in this duty, and we were able to reach a significant cash settlement”
These results demonstrate our capability to handle complex, high-value cases. We don’t settle cheap – we fight for what our clients truly deserve.
3. Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court admission gives us the capability to handle complex cases that other firms may avoid, including:
- Trucking accidents involving interstate commerce
- Cases against large corporations
- Maritime and offshore injury cases
- Cases with multiple defendants from different states
Our involvement in the BP Texas City explosion litigation demonstrates our capability to take on billion-dollar corporations and win.
4. Personal Attention from Experienced Attorneys
At Attorney911, you work directly with Ralph Manginello and Lupe Peña – not case managers or junior associates. Our clients consistently praise our personal service:
“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
“Consistent communication and not one time did I call and not get a clear answer.” – Dame Haskett
This level of personal attention sets us apart from high-volume firms where you’re just a case number.
5. Contingency Fee – No Risk to You
We believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis:
- Free consultation – No obligation
- No upfront costs – We advance all case expenses
- No fee unless we win – You pay nothing unless we recover compensation for you
- 33.33% before trial, 40% if trial – Standard contingency fee structure
This means you can hire an experienced attorney without any financial risk. We only get paid when you do.
6. Bilingual Services – Se Habla Español
The City of Nevada has a diverse community, and we’re proud to serve clients of all backgrounds. Lupe Peña is fluent in Spanish, and our staff includes bilingual team members:
“Especially Miss Zulema, who is always very kind and always translates.” – Celia Dominguez
Whether you’re more comfortable speaking English or Spanish, we ensure clear communication throughout your case.
7. Proven Track Record Since 1998
Ralph Manginello has been practicing law since 1998, giving him over 25 years of experience handling motor vehicle accident cases in Texas. Our firm has been serving clients since 2001, building a reputation for results and client satisfaction.
8. Comprehensive Case Handling
We handle every aspect of your case so you can focus on recovery:
- Investigation and evidence gathering
- Medical record collection and analysis
- Insurance negotiations
- Settlement discussions
- Trial preparation (if necessary)
- Coordination with medical providers
- Lien resolution
9. Trial-Ready Approach
While most cases settle, we prepare every case as if it’s going to trial. This approach gives us leverage in negotiations and ensures we’re ready if your case does go to court. Insurance companies know we’re not bluffing, which leads to higher settlement offers.
10. Community Trust and Recognition
Attorney911 has earned the trust of the Houston community and beyond:
- 4.9 stars on Google (251+ reviews)
- Endorsed by Houston community leader Trae Tha Truth
- Recognized for our work in high-profile cases
- Trusted by clients across Texas
“One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.” – Jacqueline Johnson
Frequently Asked Questions About Motor Vehicle Accidents in the City of Nevada
Immediate After Accident
1. What should I do immediately after a car accident in the City of Nevada, Texas?
If you’ve been in an accident in the City of Nevada:
- 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 for immediate legal guidance
2. Should I call the police even for a minor accident?
Yes. Always call the 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 the City of Nevada, you can obtain the police report from the responding law enforcement 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 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%+ 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?
It depends on the severity of your injuries. 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?
It 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 in medical malpractice cases).
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 a contingency fee basis: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.
Watch our video: “How Do Contingency Fees Work?” at https://www.youtube.com/watch?v=upcI_j6F7Nc
28. What does “no fee unless we win” mean?
You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.
29. How often will I get updates?
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. The “eggshell plaintiff” rule means the defendant takes you as they find you. For 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. For example: $100,000 medical × 4 multiplier = $400,000 pain and suffering. Lupe calculated these for years – he knows how to justify higher multipliers. See our Damages section 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 when the at-fault driver is unidentified. Surveillance footage is CRITICAL – 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.
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