Motor Vehicle Accidents in Rockport, Texas: Your Legal Emergency Guide

If you’ve been injured in a car accident in Rockport, Texas, you’re not alone. Rockport sees its share of motor vehicle crashes on highways like SH-35 and along busy local roads like Market Street. With 251,977 people injured in Texas motor vehicle crashes last year—one every 57 seconds—accidents are an unfortunate reality. But when the unexpected happens, you need more than just medical help; you need a legal team that understands Rockport courts, local insurance adjusters, and how to fight for the compensation you deserve.

At Attorney911, we’ve been serving Rockport and the Coastal Bend region for over 25 years. Our founder, Ralph Manginello, brings decades of experience handling complex accident cases in Texas courtrooms, including federal court in the Southern District of Texas. We know the unique challenges Rockport residents face after an accident—from dealing with insurance companies that want to minimize your claim to navigating the legal system while recovering from injuries.

This guide will walk you through everything you need to know about motor vehicle accidents in Rockport, from immediate steps to take after a crash to understanding your legal rights and how we can help you recover the compensation you deserve.

The Reality of Car Accidents in Rockport, Texas

Rockport sits along the Texas Gulf Coast, attracting tourists and supporting a thriving local economy. But with increased traffic—especially during peak seasons—comes increased risk. The Texas Department of Transportation (TxDOT) reports that:

• One person is injured in a Texas motor vehicle crash every 2 minutes and 5 seconds
• In 2024 alone, there were 251,977 injuries from motor vehicle crashes statewide
• Rockport and Aransas County see their share of these accidents, particularly on SH-35 and local roads

Common causes of car accidents in Rockport include:

• Distracted driving (texting, GPS use, eating)
• Speeding, especially on highways
• Failure to yield right of way at intersections
• Drunk or impaired driving
• Weather conditions (fog, rain, occasional ice)
• Fatigue, particularly among commercial drivers

The injuries from these accidents can be life-changing:

• Whiplash and soft tissue injuries
• Herniated or bulging discs
• Broken bones and fractures
• Traumatic brain injuries (TBI)
• Spinal cord injuries and paralysis
• Internal organ damage
• Psychological trauma and PTSD

Why You Need a Rockport Car Accident Lawyer Immediately

After an accident, insurance companies spring into action—not to help you, but to protect their bottom line. They’ll contact you within hours, often while you’re still in the hospital or recovering at home. Their adjusters are trained to sound friendly while gathering information they’ll use to deny or minimize your claim.

Here’s what they won’t tell you:

• You’re not required to give a recorded statement to the other driver’s insurance company
• Early settlement offers are almost always far below what your case is truly worth
• Evidence disappears daily—surveillance footage, witness memories, electronic data
• Texas has a strict 2-year statute of limitations for personal injury claims

At Attorney911, we level the playing field. Our team includes Lupe Peña, a former insurance defense attorney who knows their tactics from the inside. When Lupe worked for insurance companies, he calculated claim values, selected IME doctors, and built cases against victims—just like the ones they’re building against you now. That insider knowledge is now your advantage.

Common Types of Motor Vehicle Accidents in Rockport

Car Accidents (Tier 1 – Most Common)

Car accidents are the most frequent type of motor vehicle crash in Rockport. Whether it’s a rear-end collision on Market Street, a T-bone accident at the intersection of SH-35 and FM-1069, or a single-vehicle crash on the causeway, these accidents can cause serious injuries.

Common injuries in car accidents:

• Whiplash and neck strain
• Herniated or bulging discs
• Broken bones (arms, legs, ribs)
• Traumatic brain injuries
• Internal bleeding
• Psychological trauma

Case 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.

What to do after a Rockport car accident:

1. Call 911 and report the accident
2. Seek medical attention, even if you feel fine
3. Document everything with photos and videos
4. Exchange information with the other driver
5. Call Attorney911 at 1-888-ATTY-911 before speaking to any insurance company

18-Wheeler and Trucking Accidents (Tier 1 – Most Dangerous)

Rockport sits along major trucking routes, including SH-35, which sees heavy commercial traffic. With the Port of Corpus Christi nearby and industrial activity in the region, truck accidents are a serious concern.

Trucking accident statistics:

• 39,393 commercial motor vehicle crashes in Texas in 2024
• 608 fatalities and 1,601 serious injuries from truck crashes
• Texas accounts for 11% of all fatal truck crashes nationwide
• 549 fatal truck accidents resulted in 620 deaths

Why truck accidents are more dangerous:

• Trucks weigh up to 80,000 pounds—20 times more than a passenger car
• Longer stopping distances increase collision risk
• Higher centers of gravity make rollovers more likely
• Blind spots (“no-zones”) are much larger than in cars

Federal regulations that protect you:
The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules for truck drivers and companies:

• Hours of Service (HOS): Drivers can work no more than 14 consecutive hours, with a maximum of 11 driving hours after 10 consecutive hours off duty
• 30-minute breaks: Required after 8 cumulative hours of driving
• Weekly limits: No more than 60/70 hours on duty in 7/8 consecutive days
• Electronic Logging Devices (ELDs): Mandatory since 2019 to track compliance
• Drug and alcohol testing: Pre-employment, random, post-accident, and reasonable suspicion testing
• Commercial driver BAC limit: 0.04% (half the limit for regular drivers)

When violations equal negligence:
If a truck driver or company violates FMCSA regulations, it can establish “negligence per se”—automatic proof of negligence in your case. This makes trucking cases stronger when violations are documented.

Case 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.

Why you need Attorney911 for trucking accidents:

• We understand FMCSA regulations and how to prove violations
• We know how to preserve and analyze electronic data from ELDs and black boxes
• We have experience taking on large trucking companies and their insurers
• Ralph Manginello’s federal court admission means we can handle complex cases
• Our involvement in BP explosion litigation shows we can take on billion-dollar corporations

Drunk Driving Accidents (Tier 1 – Preventable Tragedies)

Drunk driving is a serious problem in Texas, and Rockport is no exception. With bars and restaurants along the waterfront and tourism contributing to alcohol consumption, drunk driving accidents are unfortunately common.

Drunk driving statistics:

• 1,053 alcohol-impaired driving deaths in Texas in 2024 (25.37% of all fatalities)
• Over 24,000 DWI-related crashes in Texas in 2023
• One death every 39 minutes nationally from alcohol-impaired driving
• Legal limit: 0.08% BAC (Texas Penal Code § 49.04)

Dram Shop Liability: Holding Bars and Restaurants Accountable
Texas has strong dram shop laws (Texas Alcoholic Beverage Code § 2.02) that allow you to sue establishments that over-serve obviously intoxicated patrons who then cause accidents.

To prove dram shop liability, we must show:

1. The establishment served alcohol to someone who was obviously intoxicated
2. The over-service was the proximate cause of the accident and your injuries

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 that serve alcohol
• Liquor stores
• Event venues (concerts, festivals, weddings)
• Hotels with bars or room service

Punitive damages in drunk driving cases:
When a driver is intoxicated, courts may award punitive damages to punish the defendant and deter similar behavior. Texas law allows punitive damages when there’s clear and convincing evidence of fraud, malice, or gross negligence.

Our advantage in drunk driving cases:

• Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), giving us unique insight into both criminal and civil aspects of DWI cases
• We’ve successfully handled DWI defense cases, giving us insider knowledge of how prosecutors and insurance companies approach these cases
• Our firm has experience with dram shop claims, allowing us to pursue all available sources of compensation

Case examples from our DWI defense practice (showing our investigation skills):

1. Breathalyzer machine improperly maintained: Our client was charged with drunk driving based on a breath test. Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines. The charges were dismissed.
2. Missing evidence: Our client drove home at 2:30 a.m., hit a curb and rolled his car, injuring a passenger. We learned that 1) police conducted no breath or blood test, 2) EMS didn’t note intoxication, 3) nurse notes from the hospital were missing. The case was dismissed on the day of trial.
3. Video evidence: Our client was charged with DUI/DWI, and the state’s primary evidence was a video of the field sobriety test. We succeeded in having the case dismissed because our client did not appear drunk in the video.

This same investigative skill applies to civil cases—we know what evidence to look for and how to build a strong case against drunk drivers and the establishments that over-served them.

Motorcycle Accidents (Tier 2 – Unique Risks)

Rockport’s scenic routes and coastal highways attract motorcycle enthusiasts. But with no physical protection, riders are at much higher risk of serious injury in a crash.

Motorcycle accident statistics:

• 585 motorcyclist fatalities in Texas in 2024
• 37% of those killed were not wearing helmets
• Over 90% of fatal victims are male
• Helmets reduce the risk of death by 37%

Texas helmet law:

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

Common causes of motorcycle accidents in Rockport:

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

Comparative negligence: A critical issue for motorcyclists
Texas uses the 51% bar rule for comparative negligence. This means:

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

Insurance companies often try to blame motorcyclists for accidents. They’ll argue:

• You were speeding
• You weren’t wearing a helmet (even if not legally required)
• You should have seen the car coming
• You were lane splitting (which is illegal in Texas)

Lupe Peña’s experience as an insurance defense attorney is invaluable here—he knows exactly how insurance companies build these arguments and how to counter them.

Pedestrian Accidents (Tier 2 – Most Vulnerable)

With Rockport’s walkable downtown and tourist areas, pedestrian accidents are a serious concern. Pedestrians are the most vulnerable road users, with no protection against vehicle impacts.

Pedestrian accident statistics:

• 6,095 pedestrian crashes in Texas in 2024
• 768 pedestrian fatalities
• Pedestrians account for only 1% of crashes but 19% of all roadway deaths
• Houston (nearby) had 119 pedestrian deaths in 2024—a record high

Critical legal point for pedestrians:
Pedestrians ALWAYS have the right-of-way at intersections in Texas, even at unmarked crosswalks. Many drivers don’t know this. Texas law states that anytime there’s an intersection of two streets, the distance between them is considered a crosswalk—even if it’s not marked.

Common injuries in pedestrian accidents:

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

Common causes of pedestrian accidents in Rockport:

• Drivers failing to yield at crosswalks
• Distracted driving (texting, GPS use)
• Speeding, especially in residential areas
• Impaired driving (alcohol or drugs)
• Poor visibility (nighttime, bad weather)
• Backing up without checking (parking lots, driveways)

What to do if you’re hit by a car in Rockport:

1. Call 911 immediately—your injuries may be more serious than they seem
2. Get the driver’s information (name, phone, insurance, license plate)
3. Take photos of the scene, your injuries, and any vehicle damage
4. Get witness contact information
5. Seek medical attention right away—some injuries take time to appear
6. Call Attorney911 at 1-888-ATTY-911 before speaking to any insurance company

Rideshare Accidents (Uber/Lyft) (Tier 2 – Complex Insurance)

Rideshare services like Uber and Lyft have become common in Rockport, especially for tourists and those visiting from nearby Corpus Christi. But when accidents happen, the insurance situation becomes complex.

Rideshare industry scale:

• 11 billion trips in the US since 2010
• 17.4 million Uber trips daily
• 118 million Uber users worldwide

The critical issue: Rideshare insurance phases

Uber and Lyft provide different levels of insurance coverage depending on what the driver was doing at the time of the accident:

Phase	Driver Status	Coverage Available
Period 0 – Offline	App off, personal use	Driver’s personal auto insurance only (Texas minimum: $30K/$60K/$25K)
Period 1 – Waiting	App on, no ride request	Contingent coverage: $50K per person / $100K per accident / $25K property damage
Period 2 – Accepted	Ride accepted, en route to pickup	Full commercial coverage: $1,000,000 liability
Period 3 – Transporting	Passenger in vehicle	Full commercial coverage: $1,000,000 liability

Why this matters:
The insurance coverage available depends entirely on what the driver was doing at the exact moment of the crash. This is why it’s critical to have an attorney who understands rideshare insurance and can identify the correct coverage.

Who can be injured in rideshare accidents:

• 21% Riders
• 21% Drivers
• 58% Third parties (other drivers, pedestrians, passengers in other vehicles)

Common rideshare accident scenarios in Rockport:

• Collisions while the driver is waiting for a ride request (Period 1)
• Accidents while the driver is en route to pick up a passenger (Period 2)
• Crashes while a passenger is in the vehicle (Period 3)
• Pedestrians or other drivers hit by rideshare vehicles

Why you need Attorney911 for rideshare accidents:

• We understand the complex insurance phases and how to determine which coverage applies
• Lupe Peña’s insurance defense background means he knows how rideshare companies value claims
• We know how to negotiate with multiple insurance companies to maximize your recovery
• We can handle cases involving third-party victims (not just passengers)

Hit and Run Accidents (Tier 2 – No At-Fault Driver)

Hit and run accidents are particularly frustrating because the at-fault driver flees the scene, leaving you injured and unsure how to recover compensation.

Hit and run statistics:

• One hit and run occurs every 43 seconds in the US
• In Texas, hit and run penalties are severe:

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

Your options after a hit and run in Rockport:

1. Uninsured Motorist (UM) Coverage: Your own insurance policy can compensate you when the at-fault driver is unidentified or uninsured
2. Collision Coverage: If you have collision coverage, it can pay for vehicle damage
3. Medical Payments (MedPay): Can cover medical expenses regardless of fault

Why UM coverage is critical:

• 15.4% of US motorists are uninsured (about 1 in 7 drivers)
• Texas allows inter-policy stacking, meaning you can combine UM coverage from multiple vehicles on the same policy
• UM coverage has a standard $250 deductible

Evidence preservation is urgent:

• Surveillance footage from nearby businesses is typically deleted within 7-30 days
• Witness memories fade quickly
• Physical evidence at the scene is often cleared within hours

What Attorney911 does immediately for hit and run cases:

• Send preservation letters to nearby businesses to save surveillance footage
• Work with law enforcement to track down the at-fault driver
• File your UM claim with your insurance company
• Investigate all possible sources of compensation

Tesla and Autopilot Accidents (Tier 2 – Emerging Technology)

As electric vehicles become more common in Rockport, accidents involving Tesla’s Autopilot and Full Self-Driving (FSD) systems are increasing. These cases involve complex product liability issues.

Notable Tesla Autopilot crashes:

• May 2016, Williston, FL: Joshua Brown killed when Autopilot failed to detect a white 18-wheeler crossing the highway
• March 2018, Mountain View, CA: Apple engineer Walter Huang killed; case settled in April 2024
• December 2024, California: Genesis Mendoza killed in a crash involving Autopilot
• August 2025, Miami, FL: $240M+ jury verdict against Tesla (landmark case)

Key liability arguments against Tesla:

1. Misleading marketing: Tesla has marketed FSD and Autopilot as safer than human drivers
2. Overconfidence: Marketing has fostered driver overreliance on the systems
3. Known defects: Tesla knew the system couldn’t reliably detect emergency vehicles
4. Inadequate fixes: Tesla has used over-the-air (OTA) software updates instead of comprehensive recalls

NHTSA data on Tesla Autopilot:

• Tesla Autopilot accounts for 70% of driver-assist crashes reported to NHTSA
• December 2023: Tesla recalled 2+ million vehicles for Autopilot issues

Common Tesla Autopilot crash patterns:

• Failure to detect tractor-trailers crossing the road
• Ignoring emergency vehicles with flashing lights
• Problems at gore points (where highways split)
• Issues when drivers take their hands off the wheel

Why you need Attorney911 for Tesla/Autopilot cases:

• These cases involve complex product liability law
• Ralph Manginello’s federal court admission means we can handle federal cases against manufacturers
• Our involvement in BP explosion litigation shows we can take on billion-dollar corporations
• We understand the technical aspects of these cases and work with expert witnesses

Other Motor Vehicle Accidents in Rockport

Bicycle Accidents

Rockport’s scenic routes and growing cycling community make bicycle accidents a concern. In 2024, there were 78 cyclist fatalities in Texas, with many more serious injuries.

Common causes of bicycle accidents:

• Drivers failing to yield right of way
• Distracted driving
• Dooring (opening car doors into cyclists)
• Poor road conditions
• Nighttime riding without proper lights

Texas bicycle laws:

• Bicyclists have the same rights and duties as motor vehicle drivers
• Drivers must maintain at least 3 feet of clearance when passing cyclists
• Bicyclists must use lights and reflectors when riding at night

Bus Accidents

With public transportation and school buses serving Rockport, bus accidents can involve multiple victims.

Bus accident statistics:

• 1,110 bus accidents in Texas in 2024 (Texas leads all states)
• 17 fatal crashes and 549 injury crashes
• 2,523 school bus crashes in Texas in 2023
• 11 school bus deaths and 63 serious injuries

Potentially liable parties in bus accidents:

• Bus driver (fatigue, distraction, impairment)
• Bus company (inadequate training, negligent maintenance)
• Manufacturer (brake, tire, or safety equipment defects)
• Other drivers (third-party vehicles)
• Government entities (poor signage, road defects)

Construction Zone Accidents

With ongoing development in Rockport and along SH-35, work zone accidents are a growing concern.

Work zone accident statistics:

• Nearly 28,000 crashes in Texas work zones in 2024
• 215 deaths—a 12% increase over the previous year
• Nationally, work zone fatalities increased 50% from 2013 to 2023
• 60% of highway contractors reported crashes into work zones in a 2025 survey
• 43% of contractors reported worker injuries from work zone crashes

Real case example:
Katrina Bond, a college student, slowed for work zone traffic on I-35 near Fort Worth. The driver of a heavy pickup (who admitted to receiving a text message) rear-ended her. The force pushed her car into the path of another truck, resulting in a fatality.

Distracted Driving Accidents

Distracted driving is a growing problem in Rockport, with 380 deaths in Texas in 2024 attributed to this cause.

Types of distractions:

• Visual: Taking your eyes off the road
• Manual: Taking your hands off the wheel
• Cognitive: Taking your mind off driving

Common distractions:

• Texting (combines all three types of distraction)
• Talking on the phone (even hands-free)
• Using GPS or navigation systems
• Eating or drinking
• Adjusting music or climate controls
• Talking to passengers
• Daydreaming

Weather-Related Accidents

Rockport’s coastal location means drivers must contend with unique weather challenges, from heavy fog to occasional ice.

Common weather-related hazards:

• Heavy rain and flooding
• Dense fog, especially near the coast
• High winds
• Occasional ice during winter freezes

Texas law requires drivers to adjust their speed for conditions: Even if you’re driving the speed limit, you can be cited for driving too fast for conditions if weather makes it unsafe.

Boat and Maritime Accidents

With Rockport’s coastal location, boat and maritime accidents are a concern, especially during peak seasons.

Common causes of boat accidents:

• Operator inattention or inexperience
• Alcohol use
• Excessive speed
• Navigation rule violations
• Equipment failure

Case result: 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.

The 48-Hour Protocol: What to Do Immediately After an Accident in Rockport

The first 48 hours after an accident are critical. Evidence disappears quickly, and insurance companies start building their case against you immediately. Here’s what you should do:

Hour 1-6: Immediate Crisis Response

1. Safety First: If you can move safely, get to a secure location away from traffic. On highways like SH-35, this might mean moving to the shoulder or median.
2. Call 911: Report the accident and request medical assistance if anyone is injured. Even if injuries seem minor, it’s important to get checked out—adrenaline can mask serious injuries.
3. Medical Attention: If injured, get to the nearest emergency room. For Rockport residents, this might be:
   • Christus Spohn Hospital Kleberg (Kingsville)
   • Driscoll Children’s Hospital (Corpus Christi)
   • Memorial Medical Center (Corpus Christi)
4. Document Everything:
   • Take photos of ALL vehicle damage (from every angle)
   • Photograph the accident scene, road conditions, and traffic signals
   • Take photos of visible injuries
   • Screenshot any messages visible on your phone (do NOT delete anything)
5. Exchange Information:
   • Other driver’s name, phone number, and address
   • Insurance company and policy number
   • Driver’s license number
   • License plate number
   • Vehicle make, model, and color
6. Witnesses:
   • Get names and phone numbers of any witnesses
   • Ask if they saw what happened
   • Record their statements if possible
7. Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company

Hour 6-24: Evidence Preservation

1. Digital Preservation:
   • Preserve all texts, calls, photos, and videos related to the accident
   • Do NOT delete anything from your phone
   • Screenshot everything relevant
   • Email copies to yourself for backup
2. Physical Evidence:
   • Secure damaged clothing, glasses, and personal items
   • Keep receipts for any expenses (towing, rental car, medications)
   • Do NOT repair your vehicle yet—preserve the damage
3. 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
4. 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”
5. 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

1. Legal Consultation:
   • Speak with an experienced motor vehicle accident attorney
   • Call Attorney911: 1-888-ATTY-911 for a free consultation
   • Have your documentation ready
2. 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
3. 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
4. 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

1. Medical Follow-Up:
   • Continue documenting all injuries
   • See specialists if recommended
   • Follow ALL doctor recommendations (insurance companies watch for gaps)
   • Get written work restrictions if needed
2. Investigation Begins:
   • Attorney obtains the police report
   • Preservation letters are sent to all parties
   • Surveillance footage is secured before deletion
   • Witness statements are recorded
3. Communication:
   • Attorney handles ALL insurance communication
   • You focus on recovery
   • Document any pressure from insurance or other parties

Evidence Deterioration Timeline: Why Every Day Counts

Evidence disappears on a predictable schedule. Here’s what you stand to lose if you wait:

Day 1-7

• Witness memories are at their peak but begin fading immediately
• Physical evidence like skid marks and debris is cleared from the scene
• Your memory of events is freshest—details will become uncertain with time

Day 7-30

• Surveillance footage is deleted:
  • Gas stations: 7-14 days
  • Retail stores: 30 days
  • Ring doorbells: 30-60 days
  • Traffic cameras: 30 days
• Witnesses become harder to locate as they move, change jobs, or become unreachable
• Scene changes with road repairs, new striping, or adjusted traffic signals

Month 1-2

• Insurance companies solidify their defense position
• Adjusters have built a file against you
• Their settlement position hardens
• Vehicle repairs destroy evidence from the vehicles once they’re fixed

Month 2-6

• Trucking electronic data is deleted:
  • ELD (Electronic Logging Device) data: 30-180 days retention
  • Black box data: Can be automatically overwritten
  • GPS/telematics: Varies by company
• Cell phone records become harder to obtain as time passes
• Social media posts may be deleted or accounts deactivated

Month 6-12

• Witnesses graduate, move away, or their memories severely degrade
• Medical evidence becomes harder to link to the accident
• Treatment gaps are used against you by insurance companies
• Financial desperation mounts as bills pile up

Month 12-24

• Approaching the statute of limitations creates pressure to settle
• Evidence is severely degraded
• Case value is diminished

Call Attorney911 immediately at 1-888-ATTY-911 to preserve evidence and protect your rights.

Texas Motor Vehicle Law: What You Need to Know

Statute of Limitations: The 2-Year Deadline

In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations (Texas Civil Practice & Remedies Code § 16.003).

Claim Type	Time Limit	Starts From
Personal Injury	2 years	Date of accident
Wrongful Death	2 years	Date of death
Property Damage	2 years	Date of damage
Government Claims	6 months notice	Date of incident
Minors	Tolled until 18	Then 2 years

Exceptions:

• Discovery Rule: The statute may start later if the injury or its cause wasn’t immediately discoverable
• Defendant’s Absence: The clock may be tolled if the defendant leaves Texas
• Mental Incapacity: The clock may be tolled during periods of incapacity

Critical Point: If you miss the 2-year deadline, your case is barred forever. You cannot file a lawsuit, and you lose all leverage to negotiate with insurance companies.

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 recovery is reduced by your percentage of fault
• If you are 51% or more at fault, you recover nothing

How it works in practice:

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 always try to assign maximum fault to you to reduce their payment. Even small percentages of fault can cost you thousands:

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

Lupe Peña’s experience is invaluable here:
Lupe spent years working for insurance companies, making these exact arguments to reduce claim values. Now he uses that knowledge to counter these arguments and protect your recovery.

Texas Minimum Auto Insurance Requirements

Texas requires all drivers to carry minimum auto insurance coverage:

Coverage	Minimum Required
Bodily Injury – Per Person	$30,000
Bodily Injury – Per Accident	$60,000
Property Damage – Per Accident	$25,000

Uninsured Motorist Statistics:

• 15.4% of US motorists are uninsured (approximately 1 in 7 drivers)
• Uninsured/Underinsured Motorist (UM/UIM) coverage is critical for protection
• Texas allows inter-policy stacking, meaning you can combine coverage from multiple policies

Why this matters:
If you’re hit by an uninsured driver or a driver with minimum coverage, your own UM/UIM policy can compensate you for injuries and damages that exceed the at-fault driver’s coverage.

Proving Liability: Building Your Case

To win a motor vehicle accident case in Texas, you must prove four elements of negligence:

1. Duty of Care

   • All drivers have a legal duty to operate their vehicles safely
   • They must obey traffic laws, maintain proper lookout, and control their speed
   • Commercial drivers have an even higher duty under FMCSA regulations

2. Breach of Duty

   • The at-fault driver violated their duty of care
   • Examples: speeding, running a red light, texting while driving, DUI, failing to yield

3. Causation

   • The breach of duty directly caused your injuries
   • “But for” test: But for the defendant’s actions, you would not have been injured
   • Your injuries must be a foreseeable result of the negligent conduct

4. Damages

   • You suffered actual harm (physical, financial, emotional)
   • Your damages must be quantifiable or demonstrable
   • Examples: medical bills, lost wages, pain and suffering

Types of Evidence We Use to Prove Liability

Physical Evidence:

• Vehicle damage photographs (all angles)
• Skid marks, debris, and road damage
• Damaged personal property (clothing, glasses, phone)
• Weather and road conditions at the time of the accident

Documentary Evidence:

• Police accident report
• 911 call recordings
• 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:

• ELD (Electronic Logging Device) data from trucks
• Vehicle black box/EDR (Event Data Recorder)
• GPS/telematics data
• Dashcam footage
• Social media posts (theirs, not yours)

Testimonial Evidence:

• Witness statements
• Expert witness testimony (accident reconstructionists, medical experts)
• Your own testimony about what happened

Multiple Liable Parties: More Defendants = More Insurance

In many accidents, more than one party may be liable. This is particularly true in trucking accidents, rideshare accidents, and drunk driving cases.

Trucking Accidents Can Involve:

• Truck driver (negligent operation)
• Trucking company (negligent hiring, supervision, or maintenance)
• Cargo loader (improper loading causing instability)
• Vehicle manufacturer (defective parts)
• Maintenance company (improper repairs)

Rideshare Accidents Can Involve:

• Rideshare driver
• Rideshare company (Uber/Lyft)
• Other at-fault drivers
• Vehicle owner (if different from the driver)

Drunk Driving Accidents Can Involve:

• Drunk driver
• Bar or restaurant (dram shop liability)
• Social host (in limited circumstances)
• Liquor store (if they sold alcohol to an obviously intoxicated person)

Why multiple liable parties matter:
More liable parties mean more insurance policies available to compensate you. This increases the potential value of your case.

Damages and Compensation: What You Can Recover

Types of Damages Available in Texas

Economic Damages (No Cap in Texas)

Economic damages compensate you for quantifiable financial losses:

Damage Type	What It Covers
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
Lost Wages (Past)	Income lost from the date of the accident to the 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 damage
Out-of-Pocket Expenses	Transportation to medical appointments, home modifications, household help

Non-Economic Damages (No Cap Except Medical Malpractice)

Non-economic damages compensate you for intangible losses:

Damage Type	What It Covers
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, limitations on activities
Disfigurement	Scarring, permanent visible injuries affecting appearance
Loss of Consortium	Impact on marriage/family relationships, loss of companionship
Loss of Enjoyment of Life	Inability to participate in activities you previously enjoyed

Punitive/Exemplary Damages (Capped)

Punitive damages are available in cases of gross negligence, fraud, or malice. They’re designed to punish the defendant and deter similar behavior.

When punitive damages are available:

• Drunk driving cases often qualify
• Cases involving egregious conduct (e.g., hit and run)
• Cases with clear evidence of conscious indifference

Punitive damage cap in Texas:
The greater of:

• $200,000, OR
• 2x economic damages + 1x non-economic damages (capped at $750,000 for the non-economic portion)

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 available insurance coverage.

Soft Tissue Injuries (Whiplash, Sprains, Strains)

Medical Treatment:

• Emergency room: $2,000-$5,000
• Follow-up doctor visits: $1,000-$3,000
• Physical therapy (6-12 weeks): $3,000-$7,000
• Medications: $300-$1,000
• Total Medical: $6,000-$16,000

Lost Wages: $2,000-$10,000 (2-6 weeks missed work)
Pain & Suffering: $8,000-$35,000

Settlement Range: $15,000-$60,000
Higher if: Permanent pain, restrictions on activities, chronic condition develops

Broken Bone (Single, Simple Fracture)

Medical Treatment:

• Emergency room and X-rays: $3,000-$6,000
• Orthopedic consultation: $500-$1,500
• Casting and follow-up: $2,000-$5,000
• Physical therapy: $3,000-$8,000
• Total Medical: $10,000-$20,000

Lost Wages: $5,000-$15,000 (4-8 weeks missed work)
Pain & Suffering: $20,000-$60,000

Settlement Range: $35,000-$95,000

Broken Bone (Requiring Surgery – ORIF)

Medical Treatment:

• Emergency room: $5,000-$10,000
• Surgery (Open Reduction Internal Fixation): $25,000-$50,000
• Hospital stay (2-3 days): $6,000-$15,000
• Follow-up care: $3,000-$8,000
• Physical therapy (3-6 months): $8,000-$15,000
• Total Medical: $47,000-$98,000

Lost Wages: $10,000-$30,000 (3-6 months)
Pain & Suffering: $75,000-$200,000

Settlement Range: $132,000-$328,000

Herniated Disc (Conservative Treatment)

Medical Treatment:

• Emergency room and initial treatment: $3,000-$6,000
• MRI: $2,000-$4,000
• Physician visits and pain management: $5,000-$12,000
• Physical therapy (3-6 months): $8,000-$15,000
• Epidural steroid injections (series of 3): $3,000-$6,000
• Medications: $1,000-$3,000
• Total Medical: $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:

• Initial treatment and diagnostics: $8,000-$15,000
• Failed conservative treatment: $10,000-$20,000
• Spinal surgery (microdiscectomy or fusion): $50,000-$100,000
• Hospital stay: $8,000-$20,000
• Post-surgical care and follow-up: $5,000-$15,000
• Physical therapy (6-12 months): $10,000-$20,000
• Pain management: $5,000-$15,000
• Total Past Medical: $96,000-$205,000

Future Medical: $30,000-$100,000 (ongoing pain management, possible revision surgery)
Lost Wages: $20,000-$50,000 (6-12 months recovery)
Lost Earning Capacity: $50,000-$400,000 (if you can’t return to your previous job)
Pain & Suffering: $150,000-$450,000

Settlement Range: $346,000-$1,205,000

Traumatic Brain Injury (Moderate to Severe)

Medical Treatment:

• Emergency room and trauma care: $10,000-$30,000
• Hospital/ICU stay (1-4 weeks): $50,000-$200,000
• Neurosurgery if required: $75,000-$200,000
• Acute rehabilitation facility: $30,000-$100,000
• Neurologist follow-up care: $10,000-$30,000
• Neuropsychological testing: $3,000-$8,000
• Cognitive therapy: $15,000-$50,000
• Medications: $5,000-$20,000
• Total Past Medical: $198,000-$638,000

Future Medical (Life Care Plan): $300,000-$3,000,000+ depending on severity
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

Case result: Multi-million dollar settlement for client who suffered brain injury with vision loss when a log dropped on him at a logging company.

Spinal Cord Injury / Paralysis

Spinal cord injuries often result in permanent disability and require lifetime care.

Lifetime Care Costs by Level:

Injury Level	First Year	Each Year After	Lifetime Total
High Tetraplegia (C1-C4)	$1,200,000-$1,500,000	$200,000-$250,000	$6,000,000-$13,000,000+
Low Tetraplegia (C5-C8)	$850,000-$1,100,000	$75,000-$100,000	$3,700,000-$6,100,000+
Paraplegia (T1-L5)	$500,000-$750,000	$70,000-$90,000	$2,500,000-$5,250,000+

Settlement Range: $4,770,000-$25,880,000

Amputation

Medical Treatment:

• Emergency care and surgery: $80,000-$200,000
• Hospital stay: $50,000-$150,000
• Rehabilitation: $30,000-$100,000
• Initial prosthetic fitting: $10,000-$30,000
• Total Past Medical: $170,000-$480,000

Future Medical (Lifetime Prosthetics):

• Basic prosthetic leg: $5,000-$15,000 every 3-5 years
• Advanced computerized prosthetic: $50,000-$100,000 every 3-5 years
• Over lifetime (30-50 years): $500,000-$2,000,000

Settlement Range: $1,945,000-$8,630,000

Case 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)

Economic Damages:

• Funeral and burial: $10,000-$20,000
• Medical expenses before death: $50,000-$500,000
• Lost financial support to family (present value): $1,000,000-$4,000,000

Non-Economic Damages:

• Loss of companionship, society, love: $500,000-$3,000,000
• Loss of advice and counsel: $100,000-$500,000
• Mental anguish (family members): $250,000-$1,500,000

Settlement Range: $1,910,000-$9,520,000

Case 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.

Factors That Increase Case Value

Several factors can increase the value of your case:

Clear Liability Factors:

• Other driver ran a red light (caught on traffic camera)
• Other driver was drunk (BAC 0.15+)
• Other driver fled the scene (hit and run)
• Other driver was cited by police
• Multiple witnesses confirm the other driver’s fault

Severe Injury Factors:

• Surgery was required
• Permanent disability
• Scarring or disfigurement
• Traumatic brain injury
• Spinal cord injury
• Amputation

High Medical Bills:

• Emergency surgery
• ICU stay
• Months of physical therapy
• Future medical needs
• Life care plan

Significant Lost Wages:

• High earner ($100,000+ salary)
• Can’t return to work
• Permanent career change required
• Lost earning capacity over decades

Sympathetic Plaintiff:

• Young (long life ahead)
• Children depending on you
• Pregnant at the time of the accident
• Elderly (vulnerable)
• Hard worker, good person

Egregious Defendant Conduct:

• Drunk driving
• Texting while driving
• Fleeing the scene
• Prior DWI convictions
• Commercial driver violations

Strong Evidence:

• Video of the accident
• Multiple witnesses
• Police report favors you
• Electronic data (black box, ELD)
• Expert witness testimony

Factors That Decrease Case Value

Several factors can decrease the value of your case:

Disputed Liability:

• No witnesses
• Conflicting accounts of what happened
• No police report
• Comparative fault issues (you may be partially at fault)

Gaps in Medical Treatment:

• Missed appointments
• Stopped treatment
• Didn’t follow doctor’s orders
• Long gaps between medical visits

Pre-Existing Conditions:

• Prior injuries to the same body part
• Existing medical conditions
• Previous accidents
• (Note: You can still recover for aggravation of pre-existing conditions, but it complicates the case)

Social Media Mistakes:

• Posted about the accident
• Photos showing activity levels
• Check-ins at locations
• Friends posting about you

Recorded Statements:

• Gave a statement to insurance without an attorney
• Said something that could hurt your case
• Minimized your injuries
• Accepted partial fault

Delayed Attorney Hiring:

• Waited months to hire an attorney
• Evidence was already lost
• Surveillance footage was deleted
• Witnesses became unreachable

This is why calling Attorney911 immediately at 1-888-ATTY-911 maximizes your case value.

Insurance Tactics: How They Try to Screw You

Insurance companies are not your friends. Their goal is to pay you as little as possible—or nothing at all. They have teams of adjusters, lawyers, and doctors working against you. But at Attorney911, we have something they don’t: Lupe Peña.

Lupe spent years working for a national insurance defense firm. 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 of your accident, insurance adjusters will contact you. They’ll call while you’re:

• Still in the hospital
• On pain medication (confused, groggy)
• Scared about your injuries and financial future
• Unaware of your legal rights

They’ll Sound Friendly and Helpful:

• “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:

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 the severity of the collision
“You were able to walk away from the scene?”	Suggest your 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 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:
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.

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
• It sounds good when you have no 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.

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 the release, can’t reopen your 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).

• MMI is 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
• You can’t know the true value of your case until you reach MMI
• We know their offers are always lowball
• Lupe calculated these lowball offers for years—he knows they’re offering 10-20% of your case’s true value

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

What They Call It:
“Independent Medical Examination” (IME)

What It Really Is:
An insurance company-hired doctor whose job is 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 who are paid thousands by insurance companies ($2,000-$5,000 per exam)
• Repeat business = repeat favorable reports

What Happens at the IME:

• A 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 them to 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 and accept a low offer.

• “Still investigating your claim”
• “Waiting for medical records” (that we 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 they delay

You Have:

• Mounting bills
• Zero income
• Creditors threatening
• The need for 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, and social activities
• Look for any activity that contradicts your injury claims
• One video of you bending over can be used to claim “you’re not really injured”

They Monitor All Your Social Media:

• Facebook, Instagram, TikTok, LinkedIn, Twitter/X, 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	What Insurance Claimed	Reality
Old Gym Photo	Gym photo from 3 years ago	Presented as recent, contradicts injury	We proved the 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 the Dog	Video of client walking dog slowly	“Not disabled”	Doctor recommended short walks
Smiling in Photo	Family photo where client is smiling	“Not in pain—she’s smiling!”	Everyone smiles for photos

7 Rules for Clients:

1. Make ALL your social media profiles private immediately
2. Do NOT post about the accident, injuries, activities, emotions, or your case
3. Do NOT check in anywhere
4. Tell friends and family: don’t tag you or post about you
5. Don’t accept friend requests from strangers (these could be fake profiles)
6. Best option: Stay off social media entirely during your case
7. Assume EVERYTHING is being monitored

Lupe’s Insider Quote:

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

Tactic #6: Comparative Fault Arguments

What They Do:
They try to assign you the maximum possible 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 of fault

Even small percentages of fault cost you thousands:

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

How Attorney911 Counters:

• We conduct an aggressive liability investigation
• We use accident reconstruction to prove the other driver’s fault
• We gather witness statements supporting your version
• We analyze police reports to emphasize citations against the other driver
• We use 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 Companies Actually Value Your Claim

What is Colossus?
Colossus is a computer software system used by major insurance companies like Allstate, State Farm, Liberty Mutual, and others to calculate the value of injury claims.

How It Works:

1. Data Entry: The insurance adjuster inputs injury codes, treatment types, medical costs, lost wages, and jurisdiction
2. Coding: Injuries are coded using standardized medical terms
3. Calculation: The software applies algorithms to determine a “value” for your claim
4. Range Output: The system provides a recommended settlement range
5. Authority: The 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 by 50-100%
Excessive Treatment Flags	Therapy beyond “normal” range triggers reductions
Conservative Treatment Penalty	Chiropractic care is valued less than treatment by an MD
Pre-Existing Reduction	Any prior condition is 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 medical records to beat the algorithm
• He worked with these systems for years as a defense attorney

Reserve Setting: The Hidden Leverage Point
What Reserves Are:

• Money the insurance company sets aside for your claim
• Based on the worst-case scenario (their estimate of a trial verdict)
• The 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 expenses)
• Filing a lawsuit (forces a trial evaluation)
• Preparing for trial (shows we’re serious and won’t back down)

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

Tactic #7: The Medical Authorization Trap

What They Do:
The insurance company will request a broad medical authorization, saying:

• “We need your medical records to process your claim”
• They’ll send an authorization form for you to sign
• The form gives them access to your entire medical history
• Not just accident-related records—everything

What They’re Really Doing:
They’re searching for pre-existing conditions to use against you:

• Looking through decades of medical records
• Finding old injuries from years ago
• Arthritis from 10 years ago
• Prior back pain from 2005
• Any medical condition ever documented

How They Use Old Injuries Against You:

• “Your back pain isn’t from this accident—you had back pain in 2010”
• “Your neck injury is pre-existing—you saw a chiropractor in 2015”
• “Your headaches are from a prior concussion, not this accident”
• They ignore the fact that the accident aggravated your pre-existing condition

The Truth:

• You’re entitled to compensation even with pre-existing conditions
• If the accident made it worse, you recover for the aggravation
• “Eggshell plaintiff” rule: Defendants take victims as they find them
• A prior injury doesn’t give them a license to injure you again

How Attorney911 Counters:

• We limit medical authorizations to accident-related records only
• We specify date ranges and providers
• An attorney reviews ALL authorizations before you sign anything
• We explain pre-existing conditions properly to insurance companies
• We hire medical experts to explain the aggravation
• We document the difference between your condition before and after the accident
• We prove causation through medical testimony

Lupe knows this tactic because he requested broad authorizations for years—he knows what they’re searching for and how to protect your privacy.

Tactic #8: The Gaps in Treatment Attack

What They Do:
Insurance companies scrutinize your medical records for gaps in treatment:

• Missed one physical therapy appointment?
• Two weeks between doctor visits?
• Stopped treatment for a month?
• They pounce.

Their Arguments:

• “If you were really hurt, you wouldn’t miss treatment”
• “A gap in treatment shows you’re not really injured”
• “You must have felt better—that’s why you stopped going”
• “Your injuries can’t be that serious if you’re not treating consistently”

Why Gaps Happen (Legitimate Reasons):

• You couldn’t afford copays
• You couldn’t get time off work
• Transportation issues
• Your doctor was booked out
• Insurance denied treatment
• COVID-19 lockdowns
• Family emergencies

Insurance Companies Don’t Care About Your Reasons:

• They just see the gap
• They use it to minimize your claim
• They argue your injuries “resolved” during the gap
• They reduce your settlement value

How Attorney911 Counters:

• We document the reasons for gaps in your medical records
• We get your explanation in writing
• We obtain supporting documentation (work schedules, transportation issues, etc.)
• We show that the gap was beyond your control
• We prove your injuries didn’t resolve during the gap
• We ensure consistent treatment by helping you find doctors who accept liens (treat now, pay from settlement)
• We connect you with transportation if needed
• We coordinate appointments around your work schedule
• We prevent gaps before they happen through proactive case management
• We explain gaps to insurance companies and juries with legitimate reasons they understand

Lupe knows this attack because he used gaps to minimize claims for years—he knows which explanations insurance companies accept and how to document around gaps.

Tactic #9: The Policy Limits Bluff

What They Do:
The insurance company claims they have limited coverage:

• “We only have $30,000 in coverage”
• “That’s the policy limit—we can’t pay more”
• “Take it or leave it”
• They hope you don’t investigate further

What They’re Hiding:

• Umbrella policies (additional $500,000-$5,000,000)
• Commercial policies (if the driver was working)
• Corporate policies (parent company coverage)
• Multiple policies that stack
• Excess coverage layers

Why They Hide Coverage:

• They hope you’ll settle for the minimum limits
• They want to save millions in additional coverage
• They’re betting you won’t hire an attorney to investigate
• Most people don’t know to look for additional policies

How Attorney911 Counters:

• We investigate ALL available coverage
• We demand full policy disclosure
• We subpoena insurance files if necessary
• We search for umbrella policies
• We identify corporate coverage
• We find employer policies
• We discover parent company coverage
• We file lawsuits to force disclosure through the discovery process
• We take depositions of insurance representatives
• We send document requests for all policies

Lupe’s insurance knowledge finds hidden policies that other attorneys miss:

• He knows the coverage structures insurance companies use
• He knows where umbrella policies are hidden
• He knows how to identify corporate coverage
• He spent years evaluating multi-layer coverage for insurance companies

Real Example:
The insurance company claimed a $30,000 policy limit. We investigated and found:

1. $30,000 personal auto policy
2. $1,000,000 commercial policy (the driver was making a delivery)
3. $2,000,000 umbrella policy
4. $5,000,000 corporate policy (parent company)

Total available: $8,030,000, not $30,000.

Our client recovered $3,200,000 instead of $30,000.

This is why hiring an attorney who investigates ALL coverage matters.

Medical Knowledge: Understanding Your Injuries

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 the 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 to Recognize):

• 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 unable to sleep)
• Sensitivity to light and noise
• Confusion and memory problems worsening

Why Delayed Symptoms Matter Legally:
Insurance companies often claim that delayed symptoms aren’t related to the accident. Attorney911 uses medical experts to explain that symptom progression is normal for brain injuries.

Severity Classifications:

Classification	Characteristics
Mild TBI / Concussion	Brief loss of consciousness (seconds to minutes), GCS 13-15, may seem “fine” initially but can have serious long-term effects
Moderate TBI	Loss of consciousness for 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: A single moderate TBI doubles the risk of dementia later in life
• Personality and Mood Disorders: Depression (40-50% of TBI patients), anxiety, irritability
• Seizure Disorders: Can develop months or years after the injury
• Cognitive Impairment: Memory problems, difficulty concentrating, slowed processing

Spinal Cord Injury

Spinal cord injuries are catastrophic and often result in permanent disability. The level of injury determines the extent of paralysis and loss of function.

Injury Levels and Impact:

Cervical Spine (C1-C8, Neck Region):

• C1-C4 (High Cervical): Quadriplegia (paralysis of all four limbs), 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 be able to 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 present but most muscles below injury have less than 3/5 strength
D	Motor Incomplete	Motor function present with most muscles below injury having 3/5 or greater strength
E	Normal	Full motor and sensory function (recovered)

Secondary Complications:

• Pressure sores (leading cause of hospitalization for spinal cord injury patients)
• Respiratory complications (pneumonia is the leading cause of death)
• Bowel and bladder dysfunction
• Sexual dysfunction
• Autonomic dysreflexia (a life-threatening blood pressure crisis)
• Depression (40-60% of patients)
• Shortened life expectancy (5-15 years on average)

Amputation

Amputations can occur as a direct result of the accident (traumatic amputation) or as a necessary medical intervention due to complications from injuries (surgical amputation).

Types of Amputation:

• Traumatic Amputation: Limb severed at the accident scene by the force of the collision
• Surgical Amputation: Performed due to crush injuries, infections, or other complications (like in our documented case)

Levels of Amputation:

• 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

Case 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, especially those involving fires or explosions. They can be extremely painful and often result in permanent scarring.

Classifications of Burns:

Degree	Characteristics	Treatment
First-Degree	Superficial, like a sunburn, heals in 7-10 days	Outpatient care
Second-Degree	Blistering, severe pain, may scar	Monitoring, possible hospitalization
Third-Degree	Full thickness, destroys all skin layers, 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 Disc

Herniated discs are a common injury in motor vehicle accidents, especially rear-end collisions. The force of the impact can cause the discs in your spine to bulge or rupture, pressing on nerves and causing pain.

Treatment Timeline for Herniated Discs:

1. Acute Phase (Weeks 1-6): Severe pain, medications, rest. Cost: $2,000-$5,000
2. Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic care. Cost: $5,000-$12,000
3. Interventional (If Conservative Treatment Fails): Epidural steroid injections. Cost: $3,000-$6,000
4. Surgery (If Injections Fail): Microdiscectomy or spinal fusion. Cost: $50,000-$120,000

Permanent Restrictions from Herniated Discs:

• Inability to return to physical labor jobs
• Lost earning capacity claims
• Ongoing pain management needs

Soft Tissue Injuries

Soft tissue injuries include damage to muscles, ligaments, and tendons. They’re common in motor vehicle accidents but often undervalued by insurance companies.

Why Insurance Companies Undervalue Soft Tissue Injuries:

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

Why Soft Tissue Injuries Can Be Serious:

• 15-20% of soft tissue injury cases develop chronic pain
• Can prevent you from returning 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 to prove the injury
• Physical therapy records
• Work restrictions documented

Psychological Injuries

Motor vehicle accidents can cause significant psychological trauma, even without physical injuries.

PTSD After Motor Vehicle Accidents:

• 32-45% of accident victims develop PTSD symptoms
• Anxiety about driving again
• Fear of getting in cars
• Panic attacks near the accident location or on similar roads
• Sleep disturbances, nightmares, flashbacks
• Avoidance behaviors (avoiding the accident location, refusing to drive)

Compensable Psychological Damages:

• Mental anguish
• Emotional distress
• Anxiety and depression
• Loss of enjoyment of life
• Fear and worry
• Impact on relationships

Why Choose Attorney911 for Your Rockport Motor Vehicle Accident Case

When you’ve been injured in a motor vehicle accident in Rockport, you need more than just a lawyer—you need a legal emergency response team. Here’s what sets Attorney911 apart:

1. Insurance Defense Insider: The Ultimate Advantage

“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 for years
• 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

No other firm in Rockport has this advantage.

Lupe spent years working for insurance companies, calculating claim values, selecting IME doctors, and building cases against victims—just like the ones they’re building against you now. That insider knowledge is now your advantage.

2. Multi-Million Dollar Results: Proven Track Record

Attorney911 has recovered millions for victims of motor vehicle accidents:

• Brain injury with vision loss: Multi-million dollar settlement
• Amputation after car accident: Settled in the millions
• Trucking wrongful death: Recovered millions for families
• Maritime back injury: Significant cash settlement

Our results prove we don’t settle cheap.

3. Federal Court Experience: Handling Complex Cases

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 applies when defendants are from different states
• Federal court requires different skills than state court

BP Explosion Litigation: Our firm is one of the few in Texas to be involved in BP explosion litigation. This shows our capability to take on billion-dollar corporations and complex cases.

4. Personal Attention: You’re Family, Not a Case Number

What Our 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

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

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

6. 24/7 Availability: Legal Emergency Response

When you call 1-888-ATTY-911, you’re calling a legal emergency line—not a marketing gimmick. We understand that accidents don’t happen during business hours.

7. Bilingual Services: Hablamos Español

Lupe Peña is fluent in Spanish, and our staff includes bilingual team members like Zulema. We ensure language is never a barrier to getting the legal help you need.

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

8. Community Trust: Houston’s Legal Emergency Lawyers

Attorney911 is trusted by the Houston community, including celebrities like Trae Tha Truth:

“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

“You know if TraeAbn tells you it’s the right way to go best attorney out here you can’t go wrong.” — Erica Perales

9. Comprehensive Resources: Education and Support

We don’t just handle your case—we educate you and support you throughout the process:

• 200+ YouTube videos on personal injury topics
• Attorney 911 Podcast with Ralph Manginello
• Free consultations to discuss your case
• Regular updates on your case progress

10. Trial-Ready Approach: We Don’t Bluff

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.

“We prepare every case as if it’s going to trial—because insurance companies know we’re not bluffing.”

Frequently Asked Questions About Motor Vehicle Accidents in Rockport

Immediate After an Accident

1. What should I do immediately after a car accident in Rockport, Texas?

If you’ve been in an accident in Rockport:

• Call 911 and report the accident
• Seek medical attention, even if you feel fine (adrenaline masks injuries)
• Document everything with photos and videos of the scene, vehicle damage, and injuries
• Exchange information with the other driver (name, phone, insurance, license plate)
• Get witness names and contact information
• Do NOT give a recorded statement to any insurance company
• Call Attorney911 at 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 information
• Vehicle: make, model, color, license plate number
• 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” (this can be used as an admission of fault)
• Do NOT give your opinion on what happened
• Stick to the facts only

6. How do I obtain a copy of the accident report in Rockport?

You can obtain the police report from the responding agency or through the Texas Department of Transportation’s Crash Records Information System (CRIS).

Dealing with Insurance

7. Should I give a recorded statement to insurance?

To the other driver’s insurance company: No. Not without an attorney.
To your own insurance company: You have a duty to cooperate, but call Attorney911 first. We can advise you on what to say.

8. What if the other driver’s insurance contacts me?

Say: “I need to speak with my attorney first.” Give only basic information (your name, date of accident, that you were involved). Do NOT give a recorded statement. Do NOT discuss your 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 the actual value of your case. Attorney911 fights for what your case is truly worth.

10. Should I accept a quick settlement offer?

Never accept a settlement before you know 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 Uninsured/Underinsured Motorist (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 a medical authorization without an attorney reviewing it first.

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 coverage available to recover from

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

14. When should I hire a car accident lawyer?

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

15. How much time do I have to file a lawsuit (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 this deadline and your case is barred forever.

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

Texas uses the 51% bar rule for comparative negligence:

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

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 will be 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 in negotiations.

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)—the point where you’ve recovered as much as you’re going to. This could be 6 months for minor injuries or 18-24 months for serious injuries.

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

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

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

Compensation

21. What is my case worth?

It depends on:

• The severity of your injuries
• Your medical costs
• Your lost wages
• The impact on your life
• The available insurance coverage

Cases can range from $15,000 (soft tissue injuries) to millions (catastrophic injuries).

22. What types of damages can I recover?

• Economic Damages: Medical expenses (past and future), lost wages, property damage, out-of-pocket expenses
• Non-Economic Damages: Pain and suffering, mental anguish, physical impairment, disfigurement, loss of consortium, loss of enjoyment of life
• Punitive Damages: In cases of gross negligence (e.g., drunk driving), designed to punish the defendant

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 damages (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—defendants take victims as they find them.

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 for specific advice.

26. How is the value of my claim determined?

Based on:

• Your medical bills
• Future treatment costs
• Lost income
• Permanent impairment rating
• Comparable verdicts in your jurisdiction
• The severity of your injuries
• The impact on your daily life

Attorney Relationship

27. How much do car accident lawyers cost?

Attorney911 works on a contingency fee basis:

• 33.33% of the recovery if the case settles before trial
• 40% of the recovery if the case goes to trial
• You pay nothing upfront
• We advance all case costs

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, and you only pay if we recover compensation for you.

29. How often will I get updates on my case?

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 attorneys at any time. 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 to insurance without an attorney
• Accepting a quick settlement offer
• Delaying medical treatment
• Gaps in medical treatment
• Posting about the accident on social media
• Signing releases or authorizations without lawyer review
• 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 your social media profiles private immediately. Do not post about:

• The accident
• Your injuries
• Your activities
• Your case

Insurance companies monitor everything.

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

Releases are permanent and final. Medical authorizations give insurance companies unlimited access to your medical history. Settlement offers are binding. Once you sign, you can’t undo it.

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

See a doctor now. Explain that 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 compensation. If the accident aggravated your pre-existing condition, you’re entitled to compensation for the aggravation. The “eggshell plaintiff” rule means defendants take victims as they find them.

Example: You had mild occasional back pain before the accident. The accident caused a herniated disc requiring surgery. You can recover for the new injury, not just the pre-existing pain.

We hire medical experts to prove the difference between your condition before and after the accident. Lupe knows how insurance companies attack 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 with you
• Isn’t fighting for you
• Is pushing you to settle for less than your case is worth
• Has dropped your case

…then you have the right to switch attorneys.

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 (UM/UIM) claims are made against your own insurance company when:

• The other driver has no insurance, or
• The other driver’s insurance is insufficient to cover your damages

Important: Your own insurance company will fight your claim just like the other driver’s insurance would. You need an attorney to represent you.

Texas allows inter-policy stacking, meaning you can combine UM coverage from multiple vehicles on the same policy. Lupe’s insurance defense background is critical for maximizing your UM/UIM recovery.

39. How do you calculate pain and suffering?

The most common method is the multiplier method:

• Medical expenses × multiplier (1.5 to 5) = pain and suffering

The multiplier depends on:

• Severity of injuries
• Permanency of injuries
• Impact on your life
• Clear liability (other driver 100% at fault)

Example: $100,000 in medical expenses × 4 multiplier = $400,000 for pain and suffering.

Lupe calculated these multipliers for years—he knows how to justify higher multipliers to insurance companies. 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 a notice of claim 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 Manginello’s 25+ years of experience includes government litigation. Call 1-888-ATTY-911 immediately—the 6-month deadline is strict.

41. What if the other driver fled the scene (hit and run)?

After a hit and run in Rockport:

1. File a police report immediately (hit and run is a criminal offense)
2. Your Uninsured Motorist (UM) coverage applies
3. Surveillance footage is critical—most is deleted within 7-30 days
4. We send preservation letters immediately to save evidence

Texas allows UM stacking, meaning you can combine coverage from multiple policies. 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. Your 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 often argue that “parking lot accidents are always 50/50 fault”—this is a lie.

We prove fault through:

• Surveillance video
• Witness statements
• Damage analysis
• Traffic patterns

Texas’s 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). As a passenger, you’re an innocent victim.

The driver’s insurance covers passengers. There are no comparative fault issues (you weren’t driving). These cases often settle quickly because liability is clear.

We handle the difficult conversation with the driver 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
• The deceased driver’s insurance company

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.

46. How do I know if my case is worth pursuing?

Most cases are worth pursuing if:

• You were injured (even if injuries seem minor at first)
• Someone else was at fault (even partially)
• There is insurance coverage available

The best way to know is to call Attorney911 for a free consultation. We’ll review your case and give you honest advice about your options.

47. What if I can’t afford medical treatment?

We can help you find doctors who will treat you on a lien basis. This means they’ll treat you now and get paid from your settlement later. We work with a network of medical providers who understand personal injury cases.

48. Will hiring a lawyer make my case take longer?

No. In fact, hiring a lawyer often speeds up the process because:

• Insurance companies take cases more seriously when an attorney is involved
• We handle all the paperwork and negotiations
• We push the insurance company to move faster
• If necessary, we can file a lawsuit to force deadlines

49. What if the insurance company says my case is worth less because I didn’t go to the hospital immediately?

Insurance companies use delays in treatment against you, but delayed symptoms are common in motor vehicle accidents:

• Adrenaline masks pain at the scene
• Some injuries (like herniated discs) take time to develop symptoms
• You may not realize the severity of your injuries right away

We explain these medical realities to insurance companies and juries. The key is to get medical attention as soon as you realize you’re injured.

50. How do I know if I need a lawyer?

You should call Attorney911 if:

• You were injured in the accident
• The accident wasn’t your fault (or wasn’t entirely your fault)
• You’re dealing with insurance companies
• You’re unsure about your legal rights
• You want to make sure you’re not taken advantage of

The consultation is free, and we don’t get paid unless we win your case. There’s no risk to calling.

Rockport-Specific Information

Rockport Courts and Legal Process

If you’ve been injured in a motor vehicle accident in Rockport, your case will likely be handled in one of these courts:

• Aransas County Justice of the Peace Courts: Handle minor civil cases and small claims
• Aransas County Court at Law: Handles civil cases up to $200,000
• 239th District Court (Aransas County): Handles larger civil cases and personal injury lawsuits
• U.S. District Court, Southern District of Texas (Corpus Christi Division): Handles federal cases, including those involving federal regulations (like FMCSA trucking cases)

Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas, giving us the ability to handle complex cases that may end up in federal court.

Local Hospitals and Medical Centers

After an accident in Rockport, you may receive treatment at:

• Christus Spohn Hospital Kleberg (Kingsville) – Level III Trauma Center
• Driscoll Children’s Hospital (Corpus Christi) – Pediatric trauma center
• Memorial Medical Center (Corpus Christi) – Level II Trauma Center
• Corpus Christi Medical Center – Multiple locations in the area

It’s important to seek medical attention immediately after an accident, even if you feel fine. Some injuries, like traumatic brain injuries or internal bleeding, may not show symptoms right away.

Dangerous Roads and Intersections in Rockport

Rockport has several areas known for higher accident rates:

• SH-35: A major highway that sees heavy traffic, including commercial vehicles. Accidents often occur due to speeding, distracted driving, and failure to yield.
• Market Street: A busy local road with multiple intersections that can be confusing for drivers.
• FM-1069: Connects Rockport to Lamar and Fulton, with sharp curves and limited visibility in some areas.
• Intersection of SH-35 and FM-1069: A busy intersection with heavy traffic flow.
• Rockport Beach Park area: During peak seasons, increased traffic and pedestrian activity can lead to accidents.

Local Industries and Accident Risks

Rockport’s economy includes several industries that can contribute to motor vehicle accidents:

• Tourism: Increased traffic during peak seasons, distracted drivers unfamiliar with local roads.
• Fishing and Maritime: Commercial fishing vessels and recreational boats can be involved in accidents on the water and on local roads.
• Oil and Gas: While not as prominent as in other parts of Texas, the industry can contribute to truck traffic on local roads.
• Retail and Service: Local businesses attract delivery vehicles and customer traffic.

Seasonal Considerations

Rockport’s coastal location and seasonal tourism can affect accident patterns:

• Summer Months (June-August): Increased traffic from tourists, more accidents involving visitors unfamiliar with local roads.
• Spring Break (March): Higher risk of drunk driving accidents.
• Hurricane Season (June-November): Increased risk of weather-related accidents, especially if evacuation orders are issued.
• Winter Months (December-February): Occasional cold snaps can lead to icy road conditions, which Texas drivers are often unprepared for.

What to Do Next: Your Legal Emergency Response

If you’ve been injured in a motor vehicle accident in Rockport, Texas, time is critical. Evidence disappears daily, and insurance companies are already building their case against you.

Step 1: Call Attorney911 Immediately

1-888-ATTY-911 (1-888-288-9911)

Our legal emergency line is available 24/7. When you call, you’ll speak with a member of our team who can:

• Provide immediate legal guidance
• Answer your urgent questions
• Schedule a free consultation with Ralph Manginello or Lupe Peña
• Begin the process of preserving evidence

Step 2: Free Consultation

During your free consultation, we’ll:

• Review the details of your accident
• Explain your legal rights
• Discuss your options for recovery
• Answer all your questions
• Provide honest advice about your case

There’s no obligation, and everything you tell us is confidential.

Step 3: Let Us Handle Everything

Once you hire Attorney911, we take care of everything:

• Handle all communication with insurance companies
• Gather and preserve evidence
• Work with medical providers to document your injuries
• Calculate the full value of your claim
• Negotiate with insurance companies
• Prepare your case for trial if necessary
• Fight for the maximum compensation you deserve

Step 4: Focus on Your Recovery

While we handle the legal aspects of your case, you can focus on what’s most important—your recovery. We’ll:

• Help you find the right medical treatment
• Connect you with specialists if needed
• Ensure you’re following your doctor’s recommendations
• Keep you updated on your case progress
• Be available to answer your questions

Why Rockport Residents Choose Attorney911

Rockport residents choose Attorney911 because we offer:

• Local knowledge: We understand Rockport’s courts, judges, and insurance adjusters
• Personal attention: You work directly with Ralph Manginello or Lupe Peña
• Insurance insider advantage: Lupe’s defense background gives us unique insight
• Proven results: We’ve recovered millions for accident victims
• No-risk representation: You pay nothing unless we win your case
• 24/7 availability: Our legal emergency line is always open
• Bilingual services: Hablamos español

“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

“I was rear-ended and the team got right to work…I also got a very nice settlement.” — MONGO SLADE

“They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.” — Glenda Walker

Don’t Wait—Evidence Disappears Daily

Every day you wait, evidence disappears:

• Surveillance footage is deleted in 7-30 days
• Witness memories fade
• Electronic data from vehicles can be overwritten
• Insurance companies solidify their defense against you

Call Attorney911 now at 1-888-ATTY-911 for your free consultation.

We don’t get paid unless we win your case. There’s no risk to call—only the potential to recover the compensation you deserve.

Attorney911: Your Rockport Legal Emergency Response Team