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Surfside Beach Car & Truck Accident Attorneys | 18-Wheelers, Commercial Trucks, Uber/Lyft, Hit-and-Run | Former Insurance Defense — We Know Their Playbook | $2.5M Truck Recovery | Attorney911 — The Firm Insurers Fear | Federal Court | Se Habla Español | 1-888-ATTY-911

January 24, 2026 83 min read
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Motor Vehicle Accident Lawyers in Surfside Beach, Texas

If you’ve been injured in a car accident in Surfside Beach, Texas, you’re not alone. The Gulf Coast community sees its share of motor vehicle crashes, from collisions on FM 523 to accidents near Bryan Beach or the Surfside Jetties. With 251,977 people injured in Texas motor vehicle crashes in 2024 alone – that’s one person injured every 2 minutes and 5 seconds – the reality is that accidents happen far too often on our roads.

At Attorney911, we understand the physical, emotional, and financial toll a serious accident can take. Our Surfside Beach car accident lawyers have been fighting for accident victims across Brazoria County for over 25 years. Founded by Ralph Manginello, a Houston native with deep roots in the Memorial area and federal court admission to the Southern District of Texas, our firm brings both local knowledge and national litigation experience to every case.

Why Surfside Beach Accidents Require Specialized Legal Help

Surfside Beach presents unique challenges for accident victims:

  • Coastal traffic patterns: The influx of tourists and beachgoers creates seasonal traffic spikes, especially on weekends and holidays
  • Industrial corridor influence: The proximity to Freeport’s industrial facilities means increased commercial vehicle traffic on local roads
  • Maritime crossover: Many residents work in maritime industries, creating unique legal considerations for work-related accidents
  • Limited medical facilities: While UTMB in Galveston serves as the nearest Level I trauma center, many accident victims receive initial treatment at local clinics, requiring careful medical record coordination

Our Surfside Beach accident attorneys know these local dynamics and how they affect your case. Whether you were rear-ended on FM 523, involved in a multi-vehicle pileup near the Surfside Jetties, or hit by a distracted driver in the Bryan Beach area, we have the experience to navigate the complexities of your claim.

Common Types of Motor Vehicle Accidents in Surfside Beach

Car Accidents (Tier 1 – Most Common)

Car accidents remain the most frequent type of motor vehicle collision in Surfside Beach and across Brazoria County. In 2024, Texas saw 251,977 people injured in motor vehicle crashes – that’s one crash every 57 seconds. In Surfside Beach, we commonly see:

  • Rear-end collisions on FM 523, especially near intersections
  • T-bone accidents at uncontrolled crossings in residential areas
  • Head-on collisions on two-lane roads leading to Bryan Beach
  • Single-vehicle crashes involving distracted drivers or poor road conditions
  • Hit-and-run accidents, particularly during tourist seasons

Common injuries we see in car accidents:

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

Case Example:

“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 This Means for You:
Even seemingly minor accidents can lead to serious complications. Insurance companies often try to minimize these claims, but our Surfside Beach car accident lawyers know how to document the full extent of your injuries and fight for the compensation you deserve.

Client Testimonial:

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

If you’ve been injured in a Surfside Beach car accident, call Attorney911 today at 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win your case.

Trucking Accidents (Tier 1 – Most Dangerous)

With the Port of Freeport nearby and major highways like FM 523 and SH 332 serving as trucking corridors, Surfside Beach sees more than its share of commercial vehicle accidents. In 2024, Texas recorded 39,393 commercial motor vehicle crashes, resulting in 608 fatalities and 1,601 serious injuries. Texas accounts for 11% of all fatal truck crashes nationwide.

Why trucking accidents are particularly dangerous in Surfside Beach:

  • Size disparity: An 80,000-pound 18-wheeler vs. a 4,000-pound passenger car creates catastrophic force
  • Industrial traffic: Many trucks serve the Freeport industrial corridor, carrying hazardous materials
  • Tourist season congestion: Increased truck and passenger vehicle traffic creates dangerous conditions
  • Fatigue factors: Drivers traveling between Houston and the coast may be pushing hours-of-service limits

Federal Regulations That Matter:
The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules for commercial drivers:

  • Hours of Service (HOS): Maximum 11 hours driving after 10 consecutive hours off-duty
  • 14-Hour Window: Cannot drive beyond 14th consecutive hour on duty
  • 30-Minute Break: Required after 8 cumulative hours driving
  • 60/70-Hour Limit: Weekly driving limits
  • Electronic Logging Devices (ELD): Mandatory since 2019 to track compliance
  • Drug Testing: Pre-employment, random, post-accident, and reasonable suspicion testing
  • BAC Limit: 0.04% for commercial drivers (half the limit for regular drivers)

Why These Regulations Matter for Your Case:
Violations of FMCSA regulations can establish “negligence per se” – automatic proof of negligence. Our Surfside Beach truck accident lawyers know how to investigate these violations and use them to strengthen your claim.

Multiple Liable Parties in Trucking Cases:
One of the advantages of trucking accident cases is that multiple parties may share liability:

  • Truck driver (fatigue, distraction, impairment, training)
  • Trucking company (negligent hiring, supervision, maintenance)
  • Cargo loader (improper loading causing instability)
  • Vehicle manufacturer (defective parts or design)
  • Maintenance company (improper repairs)
  • Shipper (unreasonable delivery deadlines encouraging speeding)

This means:

  • More insurance policies available to compensate you
  • Higher policy limits (typically $750,000 to $5,000,000)
  • More avenues to prove liability
  • Greater settlement leverage

Case Example:

“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.”

Federal Court Experience Matters:
Many trucking cases end up in federal court due to:

  • Diversity jurisdiction (parties from different states)
  • Federal question jurisdiction (FMCSA regulations)
  • Higher stakes and complex litigation

Ralph Manginello’s admission to the U.S. District Court, Southern District of Texas means we’re prepared to handle your case at any level, including federal court.

Nuclear Verdicts Create Leverage:
Texas has seen several recent nuclear verdicts in trucking cases that have changed the insurance landscape:

  • 2024 Oncor Electric: $37.5 million verdict (distracted truck driver)
  • 2024 New Prime I-35 pileup: $44.1 million verdict (6 deaths)
  • 2024 Ben E. Keith (Fort Worth): $35 million settlement
  • 2023 Johnson v. Union Pacific: $557 million verdict (train-truck collision)

These verdicts create leverage in settlement negotiations because insurance companies fear similar outcomes in other cases. Our reputation for preparing cases for trial gives us additional negotiating power.

Critical Evidence in Trucking Cases:

  • ELD/Black Box Data: Electronic logging device data can show hours of service violations, speeding, hard braking, and other critical factors. This data can be automatically overwritten in 30-180 days.
  • Driver Qualification Files: Employment records, training documentation, drug test results
  • Maintenance Records: Inspection reports, repair histories
  • Cargo Loading Records: Weight tickets, loading procedures
  • Surveillance Footage: From nearby businesses, traffic cameras, dashcams

Time is Critical:
Every day you wait, evidence disappears:

  • ELD data: 30-180 days
  • Surveillance footage: 7-30 days
  • Witness memories: fade immediately
  • Physical evidence: removed from scene

If you’ve been injured in a Surfside Beach trucking accident, call Attorney911 immediately at 1-888-ATTY-911. We send preservation letters to all parties to secure critical evidence before it’s lost forever.

Drunk Driving Accidents (Tier 1 – Most Preventable)

Drunk driving remains a serious problem in Surfside Beach and across Brazoria County. In 2024, Texas saw 1,053 alcohol-impaired driving deaths, accounting for 25.37% of all traffic fatalities. That’s more than one in four deaths on Texas roads caused by drunk drivers.

Why Surfside Beach sees more than its share of drunk driving accidents:

  • Beach culture: Alcohol consumption is common at beach gatherings and local establishments
  • Tourist traffic: Visitors unfamiliar with local roads may make poor decisions after drinking
  • Limited transportation options: Few alternatives to driving after consuming alcohol
  • Late-night traffic: Bars and restaurants in nearby Freeport and Lake Jackson create late-night risks
  • Holiday spikes: Memorial Day, Fourth of July, and Labor Day weekends see increased DUI incidents

Texas Dram Shop Law (TABC § 2.02):
Texas has a powerful tool for holding establishments accountable when they over-serve patrons who later cause accidents. Under the Texas Alcoholic Beverage Code § 2.02, bars, restaurants, and other establishments can be held liable if:

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

Signs of Obvious Intoxication:
Establishments are trained to recognize these signs – and when they ignore them, they can be held accountable:

Physical Signs Behavioral Signs
Slurred speech Aggressive behavior
Bloodshot or glassy eyes Loud, boisterous conduct
Unsteady gait or stumbling Difficulty counting money
Impaired coordination Fumbling with objects
Strong odor of alcohol Memory lapses
Difficulty standing Making inappropriate comments

Potentially Liable Parties:

  • Bars and nightclubs in Surfside Beach, Freeport, and Lake Jackson
  • Restaurants that serve alcohol
  • Liquor stores that sell to obviously intoxicated customers
  • Event organizers (concerts, festivals, private parties)
  • Social hosts (limited circumstances in Texas)

Why Dram Shop Cases Are Valuable:

  • Punitive damages: Available for gross negligence (conscious indifference)
  • Multiple defendants: Driver + establishment = more insurance coverage
  • Clear liability: Criminal case against driver strengthens civil case
  • Insurance can’t defend the indefensible: Over-serving obviously intoxicated patrons is hard to justify

Criminal + Civil Capability:
Many law firms handle either criminal or civil cases – Attorney911 handles both. Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA) means we have the expertise to navigate both the criminal and civil aspects of drunk driving cases.

Our DWI Case Dismissals Show Our Investigation Skills:

“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.”

“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 hospital were missing. Case dismissed on day of trial.”

“Our client was charged with DUI/DWI, state’s primary evidence was video field sobriety test. We succeeded in having case dismissed because our client did not appear drunk in the video.”

These cases demonstrate our ability to investigate thoroughly and find weaknesses in the prosecution’s case – skills that translate directly to building strong civil claims.

Punitive Damages in Drunk Driving Cases:
Texas law allows for punitive (exemplary) damages when there is clear and convincing evidence of:

  • Fraud: Intentional misrepresentation
  • Malice: Specific intent to cause substantial injury
  • Gross Negligence: Conscious indifference to rights, safety, or welfare of others

Drunk driving often qualifies as gross negligence because:

  • The driver made a conscious choice to drink and drive
  • They knew or should have known the risks
  • They proceeded with conscious indifference to others’ safety

Punitive Damage Caps in Texas:
The greater of:

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

What This Means for Your Case:
Drunk driving cases often settle for significantly more than standard accident cases because:

  1. The liability is clear (criminal conviction or guilty plea)
  2. Punitive damages are available
  3. Dram shop liability may apply
  4. Insurance companies can’t defend the indefensible

If you’ve been injured by a drunk driver in Surfside Beach, call Attorney911 immediately at 1-888-ATTY-911. We investigate every angle, including whether the establishment that served the driver shares responsibility.

Motorcycle Accidents (Tier 2 – High Risk)

Motorcycle accidents present unique challenges in Surfside Beach, where riders enjoy scenic routes along the coast but face significant risks from other drivers. In 2024, Texas saw 585 motorcyclist fatalities, with 37% of those killed not wearing helmets. Harris County consistently leads Texas in motorcycle fatalities, and many of those accidents occur on roads leading to and from the coast.

Texas Helmet Law:

  • Under 21: Helmets required
  • 21 and over: May ride without helmet IF:
    • Completed approved motorcycle safety course, OR
    • Have $10,000+ medical insurance coverage

Why Surfside Beach sees motorcycle accidents:

  • Scenic routes: Riders drawn to coastal roads like FM 523 and SH 332
  • Tourist traffic: Increased congestion during peak seasons
  • Driver inattention: Many drivers don’t expect to see motorcycles
  • Road conditions: Sand, debris, and uneven surfaces near the beach
  • Alcohol involvement: Beach gatherings and nightlife contribute to impaired riding

Common Causes of Motorcycle Accidents in Surfside Beach:

  1. Failure to yield right of way (most common – drivers simply don’t see motorcycles)
  2. Driver inattention/distraction (texting, GPS use, daydreaming)
  3. Unsafe lane changes (drivers cutting off motorcycles)
  4. Left-turn accidents (drivers turning left in front of oncoming motorcycles)
  5. Speeding/reckless driving (both by motorcyclists and other drivers)
  6. Road hazards (sand, debris, potholes – more dangerous for two-wheel vehicles)

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

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

Insurance companies ALWAYS try to blame motorcyclists. Common arguments include:

  • “You were speeding” (even without evidence)
  • “You weren’t paying attention” (speculation)
  • “You could have avoided the accident” (hindsight bias)
  • “You were lane splitting” (illegal in Texas)
  • “You were wearing dark clothing” (victim blaming)

Lupe Peña’s Experience Counters These Arguments:

“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”

Lupe spent years making these exact arguments for insurance companies. Now he uses that knowledge to fight for motorcyclists and defeat these tactics.

Common Injuries in Motorcycle Accidents:

  • Road rash (severe skin abrasions requiring skin grafts)
  • Broken bones (legs, arms, pelvis, ribs)
  • Traumatic brain injuries (even with helmets)
  • Spinal cord injuries (paralysis risks)
  • Internal injuries (organ damage, internal bleeding)
  • Amputations (from severe trauma)
  • Facial injuries (from lack of face protection)

Helmet Effectiveness:

  • Reduces risk of death by 37% for operators
  • Reduces risk of head injury by 69%
  • Even with helmets, riders face significant risks from other drivers

Peak Motorcycle Accident Times in Surfside Beach:

  • Months: March-October (warmer weather)
  • Days: Friday-Sunday (weekend riding)
  • Hours: 3 PM – 9 PM (commuter and recreational riding)

What to Do After a Motorcycle Accident:

  1. Seek medical attention immediately (adrenaline masks injuries)
  2. Document everything (photos of damage, injuries, scene)
  3. Get witness information
  4. Do NOT discuss fault at the scene
  5. Call Attorney911 at 1-888-ATTY-911 before talking to any insurance company

Client Testimonial:

“Ralph Manginello is indeed the best attorney I ever had..He cares greatly about his results.” – AMAZIAH A.T

If you’ve been injured in a Surfside Beach motorcycle accident, don’t let insurance companies blame you for someone else’s negligence. Call Attorney911 at 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win your case.

Pedestrian Accidents (Tier 2 – Most Vulnerable)

Pedestrian accidents are particularly devastating in Surfside Beach, where residents and visitors often walk to the beach, along the jetties, or through residential areas. In 2024, Texas saw 6,095 pedestrian crashes resulting in 768 fatalities. Pedestrians account for just 1% of all crashes but 19% of all roadway deaths.

Why Surfside Beach has pedestrian safety challenges:

  • Beach access: Residents and visitors walking to Bryan Beach and other access points
  • Tourist traffic: Visitors unfamiliar with local traffic patterns
  • Limited sidewalks: Many residential streets lack proper pedestrian infrastructure
  • Nighttime visibility: Poor lighting in some areas increases risks
  • Driver inattention: Many drivers don’t expect pedestrians in beach communities

Critical Texas Law: Pedestrians Have Right-of-Way
Many drivers don’t realize that pedestrians ALWAYS have the right-of-way at intersections in Texas, even at unmarked crosswalks. Texas law states: “Anytime there’s an intersection of two streets, the distance between them is a crosswalk” – even if it’s not marked with paint.

Common Pedestrian Accident Scenarios in Surfside Beach:

  1. Crosswalk collisions: Drivers failing to yield at marked crosswalks
  2. Beach access points: Pedestrians crossing FM 523 to reach beach access
  3. Residential streets: Children or adults struck while walking in neighborhoods
  4. Parking lot accidents: Drivers backing out without checking for pedestrians
  5. Jogging accidents: Runners struck by vehicles on road shoulders
  6. Nighttime accidents: Poor visibility leading to collisions

Common Injuries in Pedestrian Accidents:

  • Traumatic brain injuries (from head striking pavement or vehicle)
  • Spinal cord injuries (often resulting in paralysis)
  • Broken pelvis and legs (from impact with vehicle bumper)
  • Internal organ damage (from blunt force trauma)
  • Fatalities (pedestrians are completely vulnerable)

Houston’s Record Pedestrian Deaths:
In 2023, Houston set a record with 119 pedestrians killed on city streets. While Surfside Beach is smaller, the same risks apply when pedestrians interact with vehicle traffic.

Who’s Typically at Fault:
In most pedestrian accidents, the driver is at fault because:

  • They failed to yield right-of-way
  • They were distracted
  • They were speeding
  • They didn’t see the pedestrian
  • They were impaired

What to Do If You’re a Pedestrian Hit by a Car:

  1. Seek medical attention immediately (even if you feel fine)
  2. Call police to document the accident
  3. Get driver and witness information
  4. Take photos of the scene, your injuries, and vehicle damage
  5. Do NOT discuss fault with the driver or insurance
  6. Call Attorney911 at 1-888-ATTY-911 before giving any statement

Client Testimonial:

“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

If you or a loved one has been injured in a Surfside Beach pedestrian accident, call Attorney911 at 1-888-ATTY-911. We know the laws protecting pedestrians and how to fight for the compensation you deserve. Free consultation – no fee unless we win.

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

Rideshare services like Uber and Lyft have transformed transportation in Surfside Beach, providing convenient options for residents and visitors. However, when accidents occur, the insurance situation becomes complex. The industry has grown dramatically:

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

The Insurance Problem:
Rideshare insurance coverage varies dramatically depending on what the driver was doing at the exact moment of the crash. This creates a complex maze of insurance phases:

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

Why This Matters for Your Case:
The amount of insurance available depends entirely on what the driver was doing at the exact moment of the crash. This is why rideshare accident cases require specialized legal knowledge.

Who Can Be Injured in Rideshare Accidents:

Category Percentage
Riders 21%
Drivers 21%
Third parties (other drivers, pedestrians) 58%

Most rideshare accident victims are NOT passengers in the rideshare vehicle – they’re people in other cars, pedestrians, or cyclists.

Common Rideshare Accident Scenarios in Surfside Beach:

  1. Passenger injured in crash: Driver negligence causes accident
  2. Other driver hit by rideshare vehicle: Rideshare driver at fault
  3. Pedestrian struck by rideshare vehicle: Driver distraction or failure to yield
  4. Rideshare driver injured: Another driver’s negligence
  5. Multi-vehicle pileup: Rideshare vehicle involved in chain reaction

Lupe Peña’s Insurance Defense Experience is Critical:

“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”

Lupe understands the insurance phase system from the inside. He knows how to:

  • Determine which phase the driver was in at time of crash
  • Identify all available insurance policies
  • Navigate the complex claims process
  • Fight for maximum compensation under the correct coverage

What to Do After a Rideshare Accident:

  1. Call 911 and report the accident
  2. Seek medical attention immediately
  3. Document everything (photos, witness info)
  4. Get the rideshare driver’s information
  5. Note whether the rideshare app was on and if there was a passenger
  6. Do NOT discuss fault with anyone
  7. Call Attorney911 at 1-888-ATTY-911 before talking to any insurance company

Client Testimonial:

“Mariela and Zulema have done such a fantastic job…gone above and beyond to get my case settled quickly!” – Hannah Garcia

If you’ve been injured in a Surfside Beach rideshare accident, call Attorney911 at 1-888-ATTY-911. We know how to navigate the complex insurance maze and fight for the compensation you deserve. Free consultation – no fee unless we win.

Hit and Run Accidents (Tier 3 – Evidence Critical)

Hit and run accidents are particularly frustrating because the at-fault driver flees the scene, leaving victims to deal with injuries, vehicle damage, and the uncertainty of not knowing who caused the crash. Nationally, someone is involved in a hit-and-run accident every 43 seconds.

Texas Hit and Run Penalties (Texas Transportation Code § 550.021):

Severity Charge Penalty
Death 2nd Degree Felony 2-20 years prison, up to $10,000 fine
Serious Bodily Injury 3rd Degree Felony 2-10 years prison, up to $10,000 fine
Minor Injury State Jail Felony Up to 2 years, up to $10,000 fine
Property Damage ≥$200 Class B Misdemeanor Up to 180 days jail, up to $2,000 fine

Your Recovery Options After a Hit and Run:
When the at-fault driver flees and can’t be identified, your own Uninsured Motorist (UM) coverage becomes critical. UM coverage pays for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage

Texas UM/UIM Coverage Rules:

  • Texas allows inter-policy stacking (combining coverage from multiple vehicles)
  • Standard UM deductible: $250
  • Your insurance company steps into the shoes of the at-fault driver

Critical Evidence in Hit and Run Cases:

  • Surveillance footage: From nearby businesses, traffic cameras, Ring doorbells
  • Witness statements: People who saw the accident or the fleeing vehicle
  • Vehicle debris: Paint chips, broken parts left at the scene
  • Skid marks: Can help reconstruct the accident
  • Your memory: License plate, vehicle description, direction of travel

The Surveillance Footage Problem:
Most surveillance footage is automatically deleted within:

  • Gas stations: 7-14 days
  • Retail stores: 30 days
  • Traffic cameras: 30 days
  • Ring doorbells: 30-60 days

This is why calling Attorney911 immediately is critical. We send preservation letters to all nearby businesses to secure surveillance footage before it’s deleted forever.

What to Do After a Hit and Run Accident:

  1. Call 911 immediately (hit and run is a crime)
  2. Seek medical attention (adrenaline masks injuries)
  3. Document everything (photos of damage, injuries, scene)
  4. Get witness information (names and phone numbers)
  5. Note any details about the fleeing vehicle (color, make, model, license plate)
  6. Do NOT chase the fleeing driver (safety first)
  7. Call Attorney911 at 1-888-ATTY-911 immediately

Client Testimonial:

“One company said they would not except my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.” – Donald Wilcox

If you’ve been the victim of a hit and run accident in Surfside Beach, call Attorney911 immediately at 1-888-ATTY-911. We know how to investigate these cases and fight for the compensation you deserve through your UM coverage. Free consultation – no fee unless we win.

The 48-Hour Evidence Preservation Protocol

After a motor vehicle accident in Surfside Beach, the first 48 hours are critical for preserving evidence that will be essential to your case. Insurance companies begin building their defense immediately, and evidence disappears quickly. Follow this protocol to protect your rights:

HOUR 1-6 (Immediate Crisis Response)

Safety First: If you can move safely, get to a secure location away from traffic. Turn on hazard lights and set up flares if available.

Call 911: Report the accident and request medical assistance if anyone is injured. Even if injuries seem minor, adrenaline can mask serious conditions.

Medical Attention: If injured, get to the ER immediately. Common injuries like traumatic brain injuries and internal bleeding may not show symptoms immediately.

Document Everything:

  • Take photos of ALL vehicle damage (every angle)
  • Photograph the accident scene, road conditions, traffic signals
  • Take photos of visible injuries
  • Screenshot any messages visible on your phone (do NOT delete anything)

Exchange Information:

  • Other driver’s name, phone, address
  • Insurance company and policy number
  • Driver’s license number
  • License plate number
  • Vehicle make, model, color

Witnesses:

  • Get names and phone numbers of any witnesses
  • Ask if they saw what happened
  • Record their statements if possible

Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company

HOUR 6-24 (Evidence Preservation)

Digital Preservation:

  • Preserve all texts, calls, photos, videos related to the accident
  • Do NOT delete anything from your phone
  • Screenshot everything relevant
  • Email copies to yourself for backup

Physical Evidence:

  • Secure damaged clothing, glasses, personal items
  • Keep receipts for any expenses (towing, rental car, medications)
  • Do NOT repair your vehicle yet – preserve the damage

Medical Records:

  • Request copies of all ER/hospital records
  • Keep all discharge paperwork
  • Follow up with your primary care physician within 24-48 hours

Insurance Communications:

  • Note any calls from insurance companies
  • Do NOT give recorded statements yet
  • Do NOT sign anything
  • Do NOT accept any settlement offers
  • Say: “I need to speak with my attorney first”

Social Media:

  • Make ALL profiles private immediately
  • Do NOT post about the accident
  • Do NOT post photos of injuries or activities
  • Tell friends/family not to tag you in posts

HOUR 24-48 (Strategic Decisions)

Legal Consultation:

  • Speak with experienced motor vehicle accident attorney
  • Call Attorney911: 1-888-ATTY-911 for free consultation
  • Have your documentation ready

Insurance Response:

  • If insurance contacts you, refer them to your attorney
  • Say: “My attorney will be in touch with you”
  • Provide only basic information: name, date of accident, that you were involved

Settlement Offers:

  • Do NOT accept or sign anything without lawyer review
  • Early offers are ALWAYS lowball offers
  • You don’t know extent of your injuries yet

Evidence Backup:

  • Upload all screenshots and photos to cloud storage
  • Email copies to yourself and family member
  • Create written timeline of events while memory is fresh

WEEK ONE PRIORITIES

Medical Follow-Up:

  • Continue documenting all injuries
  • See specialists if recommended
  • Follow ALL doctor recommendations (insurance watches for gaps)
  • Get written work restrictions if needed

Investigation Begins:

  • Attorney obtains police report
  • Preservation letters sent to all parties
  • Surveillance footage secured before deletion
  • Witness statements recorded

Communication:

  • Attorney handles ALL insurance communication
  • You focus on recovery
  • Document any pressure from insurance or other parties

Texas Motor Vehicle Law: What You Need to Know

Understanding Texas law is crucial to protecting your rights after a Surfside Beach motor vehicle accident. Here’s what you need to know:

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

Critical: Miss the deadline and your case is BARRED forever. Cannot be extended or waived.

Exceptions:

  • Discovery Rule: SOL may start later if injury/cause not immediately discoverable
  • Defendant Absence: Tolled if defendant leaves Texas
  • Mental Incapacity: Tolled during incapacity

Comparative Negligence (51% Bar Rule)

Texas uses modified comparative negligence with a 51% bar:

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

Examples:

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 fault percentages cost you thousands:

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

Lupe’s insurance defense experience helps counter these arguments because he made them for years – now he defeats them.

Texas Minimum Auto Insurance (30/60/25)

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)
  • UM/UIM coverage critical for protection
  • Texas allows inter-policy stacking

Texas Legal Terms You Should Know

Term Definition
Negligence Failure to act with the level of care a reasonable person would exercise. Must prove: duty, breach, causation, damages.
Duty of Care Legal obligation to act reasonably (drivers must obey traffic laws, property owners must maintain safe premises).
Breach of Duty Violation of duty of care through action or inaction.
Causation Defendant’s breach directly caused plaintiff’s injuries (“but for” test).
Proximate Cause Injuries were foreseeable result of defendant’s actions.
Liability Legal responsibility for harm caused. Defendant is “liable” when proven negligent.
Economic Damages Quantifiable financial losses: medical bills, lost wages, property damage, future earnings. NO CAP in Texas.
Non-Economic Damages Intangible losses: pain and suffering, mental anguish, physical impairment, loss of consortium, disfigurement. NO CAP except medical malpractice.
Punitive/Exemplary Damages Punishment for gross negligence or malice. CAPPED at greater of: $200K OR 2x economic + 1x non-economic (max $750K non-economic portion).
Dram Shop Liability Bars/restaurants liable if they serve obviously intoxicated person who then causes accident. Texas Alcoholic Beverage Code §2.02.
Respondeat Superior Employer liable for employee’s negligence during work scope. Critical for trucking/rideshare.
Vicarious Liability One party liable for another’s actions (parent company for subsidiary, etc.).
UM/UIM Coverage Uninsured/Underinsured Motorist coverage. Texas allows inter-policy stacking.
Bad Faith Insurance company’s unreasonable denial or delay of valid claim. Texas Insurance Code violations.
Contingency Fee Attorney fee structure: no fee unless case wins. Typically 33-40% of recovery.
Subrogation Health insurer’s right to recover from settlement what they paid for treatment.
Lien Third party’s claim against settlement (medical providers, Medicare, Medicaid).
Wrongful Death Claim brought by surviving family for death caused by negligence.
Survival Action Claim for damages the deceased would have recovered if they survived (pain before death, medical bills).

Proving Liability: Building Your Case

To win your 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
  • Must obey traffic laws, maintain proper lookout, control speed
  • Commercial drivers have heightened duty (FMCSA regulations)

2. Breach of Duty

The at-fault driver violated their duty of care through:

  • Speeding
  • Running red lights or stop signs
  • Texting or distracted driving
  • Driving under the influence
  • Failing to yield right of way
  • Following too closely
  • Improper lane changes

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
  • Injuries must be foreseeable result of negligent conduct

4. Damages

You suffered actual harm:

  • Physical injuries
  • Financial losses (medical bills, lost wages)
  • Emotional distress
  • Property damage

Evidence Types and Sources

Building a strong case requires collecting and preserving various types of evidence:

Physical Evidence:

  • Vehicle damage photographs (all angles)
  • Skid marks, debris, road damage
  • Damaged personal property (clothing, glasses, phone)
  • Weather and road conditions documentation

Documentary Evidence:

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

Electronic Evidence:

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

Testimonial Evidence:

  • Witness statements
  • Expert witness testimony
  • Medical expert opinions
  • Accident reconstruction specialists

Multiple Liable Parties

In many motor vehicle accidents, multiple parties may share liability:

Trucking Accidents Can Involve:

  • Truck driver (negligent operation)
  • Trucking company (negligent hiring, supervision, 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 driver)

Drunk Driving Accidents Can Involve:

  • Drunk driver
  • Bar/restaurant (dram shop liability)
  • Social host (limited circumstances)
  • Liquor store (serving obviously intoxicated person)

More liable parties = more insurance policies = higher recovery potential.

Expert Witnesses Attorney911 Works With

Expert Type What They Prove
Accident Reconstructionist How the crash occurred, who was at fault, speeds, angles
Medical Experts Extent of injuries, future treatment needs, permanent impairment
Life Care Planner Lifetime cost of care for catastrophic injuries
Vocational Expert Lost earning capacity, inability to return to prior work
Economist Present value of future losses, wage calculations
Biomechanical Engineer How injuries were caused by collision forces
Trucking Industry Expert FMCSA violations, industry standards
Human Factors Expert Perception-reaction time, visibility issues

Damages You Can Recover

Economic Damages (No Cap in Texas):

Damage Type What It Covers
Medical Expenses (Past) ER, hospital, surgery, doctors, physical therapy, medications, medical equipment
Medical Expenses (Future) Ongoing treatment, future surgeries, lifetime medications, long-term care
Lost Wages (Past) Income lost from date of accident to present
Lost Earning Capacity (Future) Reduced ability to earn income in the future
Property Damage Vehicle repair or replacement, personal property
Out-of-Pocket Expenses Transportation to medical appointments, home modifications, household help

Non-Economic Damages (No Cap Except Medical Malpractice):

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
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):

  • Available for gross negligence, fraud, or malice
  • Drunk driving cases often qualify
  • Cap: Greater of $200,000 OR (2x economic + 1x non-economic max $750,000)
  • Purpose: Punish defendant and deter similar conduct

Settlement Ranges by Injury Type

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 can’t return to physical 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

Attorney911 Documented Result:

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

Spinal Cord Injury / Paralysis:

Lifetime Care Costs 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

Attorney911 Documented Result:

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

Wrongful Death (Working Age Adult):

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

Attorney911 Documented Result:

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

Nuclear Verdicts: How Texas Jury Awards Are Changing the Game

Definition:

Jury awards exceeding $10 million (originally $10M threshold, now often $20M+)

Texas Nuclear Verdict Statistics:

  • 207 nuclear verdicts ($10M+) from 2009-2023
  • Total: $45+ billion in Texas alone
  • Texas #1 nationally for nuclear verdicts
  • Auto accidents = 23.2% of all nuclear verdicts

Recent Texas Motor Vehicle Nuclear Verdicts:

Year Case Amount
2024 Hatch v. Jones (car accident wrongful death) $81,720,000
2024 Frito-Lay Warehouse (vehicle collision) $72,000,000
2024 Lopez v. All Points 360 (Amazon) $105,000,000
2024 New Prime I-35 pileup (6 deaths) $44,100,000
2024 Oncor Electric (trucking) $37,500,000
2024 Ben E. Keith (Fort Worth trucking) $35,000,000
2023 Johnson v. Union Pacific (train) $557,000,000
2021 Ramsey v. Landstar (trucking) $730,000,000
2017 Kindred v. Delbosque (drunk driving) $301 BILLION

Why This Matters for Your Case:

Insurance companies FEAR nuclear verdicts. This fear increases settlement values across ALL serious injury cases, not just those going to trial. Attorney911’s trial readiness and multi-million dollar track record gives us leverage in every negotiation.

Settlement Multiplier Method: How Insurance Companies Calculate Your Claim

The Formula:

Total Settlement = (Medical Expenses × Multiplier) + Lost Wages + Property Damage

Multiplier Range: 1.5 to 5

Injury Severity Multiplier Range
Minor injuries (soft tissue, quick recovery) 1.5 – 2
Moderate injuries (broken bones, months recovery) 2 – 3
Severe injuries (surgery, long recovery) 3 – 4
Catastrophic injuries (permanent disability) 4 – 5+

Example – Minor Injury:

  • Medical expenses: $10,000
  • Multiplier: 1.5
  • Pain & suffering: $15,000
  • Lost wages: $3,000
  • Total: $28,000

Example – Severe Injury:

  • Medical expenses: $100,000
  • Multiplier: 4
  • Pain & suffering: $400,000
  • Lost wages: $50,000
  • Total: $550,000

Factors That Increase Multiplier (Push Toward 4-5):

  • Permanent injury or disability
  • Scarring or disfigurement
  • Long recovery time (12+ months)
  • Surgery required
  • Ongoing pain management needed
  • Impact on daily activities severe
  • Clear liability (other driver 100% at fault)
  • Sympathetic plaintiff (child, elderly, pregnant)
  • Defendant’s conduct egregious (drunk driving, hit and run)
  • Strong evidence (video, witnesses)
  • Permanent restrictions on work/activities

Factors That Decrease Multiplier (Push Toward 1.5-2):

  • Soft tissue injury only
  • Quick recovery (under 3 months)
  • No surgery required
  • Disputed liability (comparative fault)
  • Gaps in medical treatment
  • Pre-existing conditions
  • Minor property damage
  • No permanent injury

Why Lupe’s Experience Matters:

Lupe calculated these multipliers for years using insurance company formulas. He knows:

  • When to push for higher multiplier (4-5 vs. 2-3)
  • Which factors insurance weighs most heavily
  • How to document cases to justify higher multipliers
  • When multiplier method undervalues case (catastrophic injuries)
  • When to abandon multiplier and demand policy limits

We Don’t Accept Low Multipliers:

  • Insurance offers 1.5× multiplier for severe injury? We fight for 4-5×
  • We document permanency, impact, severity
  • We prepare for trial if they won’t pay fair multiplier
  • Our multi-million dollar results prove we don’t accept low multipliers

Insurance Company Tactics Exposed

At Attorney911, we know how insurance companies operate because Lupe Peña worked for them for years. He learned their tactics firsthand, and now he uses that knowledge to fight for accident victims like you.

“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”

This insider knowledge is Attorney911’s most powerful advantage. Here’s what insurance companies don’t want you to know:

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

What They Do:
Within hours of your accident, insurance adjusters contact you – often while you’re:

  • Still in the hospital
  • On pain medication (confused, groggy)
  • Scared about your injuries and financial future
  • Don’t understand the legal process
  • Vulnerable and in crisis

They Act 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:
Building their defense against you with leading questions designed to trap you:

Question They Ask What They Want You to Say
“You’re feeling better now though, right?” Trap you into saying you’re improving
“It wasn’t that bad of an impact, was it?” Minimize collision severity
“You were able to walk away from the scene?” Suggest injuries not 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 is documented, recorded, transcribed, and WILL be used against you. You cannot take it back.

The Truth:

  • You are NOT required to give recorded statement to OTHER driver’s insurance
  • Giving statement without attorney ALMOST ALWAYS hurts your case
  • Insurance companies know this – that’s why they push so hard

How Attorney911 Counters:
DO NOT give 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 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, insurance offers quick money:

  • Typical offers: $2,000-$5,000
  • Sometimes $10,000-$15,000 if they’re scared
  • Sounds good when you have zero money and mounting bills

They Create Artificial Urgency:

  • “This offer expires in 48 hours”
  • “I can only get approval for this amount right now”
  • “Take it or leave it”
  • “This is our final offer” (it’s not)

The Trap:
You don’t know the extent of your injuries yet. Consider this scenario:

What Happens Result
Day 3: Insurance offers $3,500 “final settlement” You’re desperate, in pain, scared
You sign the release You think it’s over
Week 6: MRI shows herniated disc requiring surgery Surgery costs $100,000
TOO LATE You signed release, can’t reopen claim
You pay $100,000 out of pocket Insurance pays nothing more

RELEASE IS PERMANENT AND FINAL.

How Attorney911 Counters:
NEVER settle before Maximum Medical Improvement (MMI)

  • MMI = as good as you’ll get medically
  • Could be 6 months, 12 months, 24+ months depending on injuries
  • Can’t know true case value until MMI
  • We know offers are ALWAYS lowball
  • Lupe calculated these lowball offers for years – he KNOWS they’re offering 10-20% of true value

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

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

What It Really Is:
An insurance company hired doctor to minimize your injuries

How Insurance Companies Choose IME Doctors (Lupe Knows This):

Selection Criteria:

  • Based on who gives insurance-favorable reports (NOT who’s most qualified)
  • Doctors who consistently find “no injury” or “pre-existing condition”
  • Doctors paid THOUSANDS by insurance companies ($2,000-$5,000 per exam)
  • Repeat business = repeat favorable reports

What Happens at IME:
A 10-15 minute “examination” vs. your treating doctor’s thorough evaluation:

  • Cursory physical exam
  • Rarely review your complete medical records beforehand
  • Ask questions designed to elicit “I’m feeling better” responses
  • Look for ANY reason to minimize injuries

Common IME Doctor Findings:

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

How Attorney911 Counters:

  • We prepare you extensively before exam
  • We send complete medical records to IME doctor first (forcing review)
  • We challenge biased IME reports with our own medical experts
  • Lupe knows these specific doctors and their biases – he hired them for years

Tactic #4: Delay and Financial Pressure (Months 6-12+)

What They Do:
Drag your case out hoping you’ll get desperate:

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

Why Delay Works (On People Without Attorneys):

Insurance Companies Have:

  • Unlimited time
  • Unlimited resources
  • No financial pressure
  • Earning interest on YOUR settlement money while delaying

You Have:

  • Mounting bills
  • Zero income
  • Creditors threatening
  • Need money NOW

Financial Desperation Makes You Accept Less:

  • Month 1: You’d reject $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 lawsuit to force deadlines
  • We set depositions forcing them to produce witnesses
  • We prepare for trial showing we’re serious
  • Lupe understands delay tactics because he used them – knows when to push

Tactic #5: Surveillance and Social Media Monitoring

What They Do:
They hire private investigators to:

  • Video you doing daily activities
  • Film from public places (your driveway, street, stores)
  • Follow you to appointments, errands, social activities
  • Look for ANY activity contradicting injury claims
  • One video of you bending over = “Not really injured”

They Monitor ALL Your Social Media:

  • Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
  • Screenshot EVERYTHING: photos, posts, check-ins, comments, likes
  • Monitor your friends’ profiles for posts mentioning you
  • Use facial recognition to find photos you’re tagged in
  • Archive your entire social media history

Examples We’ve Defended:

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

7 Rules for Clients:

  1. Make ALL profiles private immediately
  2. DON’T post about accident, injuries, activities, emotions, case
  3. DON’T check in anywhere
  4. Tell friends/family: don’t tag, don’t post about you
  5. Don’t accept friend requests from strangers (fake profiles)
  6. BEST: Stay off social media entirely during case
  7. Assume EVERYTHING is being monitored

Lupe’s Insider Quote:

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

Tactic #6: Comparative Fault Arguments

What They Do:
Try to assign you MAXIMUM fault to reduce their payment:

  • “You were speeding” (without evidence)
  • “You weren’t paying attention” (speculation)
  • “You could have avoided this” (hindsight bias)
  • “You were distracted” (guessing)
  • “You contributed to this accident” (shifting blame)

Why They Do This:
Texas 51% Bar Rule Means:

  • If you’re 51%+ at fault → You get NOTHING
  • If you’re 50% or less at fault → Your damages reduced by your percentage

Even Small Fault Percentages Cost Thousands:

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

How Attorney911 Counters:
Aggressive Liability Investigation:

  • Accident reconstruction proving other driver’s fault
  • Witness statements supporting your version
  • Police report analysis emphasizing citations
  • Expert testimony on perception-reaction time

Lupe knows their fault arguments because he made them for years – now he defeats them.

Colossus & Claim Valuation Software

How Insurance Companies ACTUALLY Value Your Claim:

Lupe Knows This From Inside – He Used These Systems

Colossus Software System:
Used by Allstate, State Farm, Liberty Mutual, and others

  • Adjuster inputs: Injury codes, treatment types, medical costs, lost wages, jurisdiction
  • Software outputs: Recommended settlement range
  • Problem: Programmed to undervalue serious injuries

How It’s Manipulated:

Injury Coding:

  • Your SAME injury can be coded different ways
  • “Soft tissue strain” (minor code) vs. “disc herniation” (serious code)
  • SAME injury, different code = 50-100% difference in valuation
  • Adjusters trained to use LOWEST possible codes

Why Lupe’s Experience Matters:

  • Knows how to present medical records showing true injury severity
  • Knows which medical terms trigger higher valuations
  • Knows when Colossus output is artificially low
  • Worked with these systems for years as defense attorney

Reserve Setting:
What reserves are:

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

How We Increase Reserves:

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

Lupe understands reserve psychology and settlement authority limits – this is GAME-CHANGING advantage.

Medical Knowledge: Understanding Your Injuries

Traumatic Brain Injury (TBI)

Immediate vs. Delayed Symptoms:

Immediate Symptoms (At Accident Scene or Within Hours):

  • Loss of consciousness (even brief – seconds to minutes)
  • Confusion and disorientation (“Where am I? What happened?”)
  • Vomiting and nausea
  • Seizures
  • Severe headache
  • Dilated pupils
  • Slurred speech
  • Weakness or numbness

Delayed Symptoms (Hours to Days Later – CRITICAL):

  • Worsening headaches that don’t respond to medication
  • Repeated vomiting
  • Seizures developing days later
  • Slurred speech or difficulty speaking
  • Personality changes and mood swings
  • Sleep disturbances (sleeping much more or can’t sleep)
  • Sensitivity to light and noise
  • Confusion and memory problems worsening

Why Delayed Symptoms Matter Legally:
Insurance companies claim delayed symptoms aren’t from accident. Attorney911 uses medical experts explaining symptom progression is NORMAL for brain injuries.

Severity Classifications:

Classification Characteristics
Mild TBI / Concussion Brief LOC (seconds to minutes), GCS 13-15, may seem “fine” initially but can have serious long-term effects
Moderate TBI LOC minutes to hours, GCS 9-12, lasting cognitive impairment, requires hospitalization
Severe TBI Extended unconsciousness or coma, GCS 3-8, permanent disability likely, lifetime care needs

Long-Term Complications:

  • Chronic Traumatic Encephalopathy (CTE): Progressive brain degeneration, personality changes, dementia
  • Post-Concussive Syndrome: Headaches, dizziness lasting months or years (affects 10-15%)
  • Increased Dementia Risk: Single moderate TBI doubles dementia risk later in life
  • Personality and Mood Disorders: Depression (40-50% of TBI patients), anxiety, irritability
  • Seizure Disorders: Can develop months or years after injury
  • Cognitive Impairment: Memory problems, difficulty concentrating, slowed processing

Spinal Cord Injury

Injury Levels and Impact:

Cervical Spine (C1-C8, Neck Region):

  • C1-C4 (High Cervical): Quadriplegia (all four limbs paralyzed), possible ventilator dependence, 24/7 care required
  • C5-C8 (Low Cervical): Quadriplegia with some arm/hand function, wheelchair dependent

Thoracic Spine (T1-T12, Mid-Back):

  • Paraplegia: Lower body paralysis, wheelchair dependent
  • Trunk control varies by level

Lumbar Spine (L1-L5, Lower Back):

  • Varying degrees of leg weakness/paralysis
  • Bowel/bladder dysfunction common
  • May walk with assistive devices

ASIA Impairment Scale:

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

Secondary Complications:

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

Amputation

Types:

  • Traumatic Amputation: Limb severed at accident scene by collision impact
  • Surgical Amputation: Due to crush injuries or infections (like Attorney911’s documented case)

Levels:

  • Above-Knee: More difficult, less mobility, more expensive prosthetics
  • Below-Knee: Better mobility potential, easier prosthetic use
  • Upper Extremity: Arm, hand, fingers
  • Multiple Limbs: Exponentially more challenging

Phantom Limb Pain:

  • 80% of amputees experience phantom pain
  • Feeling pain in limb that’s no longer there
  • Can be severe and debilitating
  • Often permanent condition
  • Requires lifetime pain management

Attorney911 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

Classifications:

Degree Characteristics Treatment
First-Degree Superficial, like sunburn, heals 7-10 days Outpatient
Second-Degree Blistering, severe pain, may scar Monitor, possible hospital
Third-Degree Full thickness, destroys all skin, always scars Skin grafting required
Fourth-Degree Extends into muscle and bone Often requires amputation

Body Surface Area Impact:

% Body Burned Treatment Required
<10% Usually outpatient
10-20% Hospitalization required
20-40% Burn center, ICU, multiple surgeries
>40% Extremely life-threatening
>60% Often fatal

Herniated Disc

Treatment Timeline:

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

Permanent Restrictions Impact:

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

Soft Tissue Injuries

Why Insurance Undervalues Soft Tissue:

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

Why Soft Tissue Can Be SERIOUS:

  • 15-20% develop chronic pain
  • Can prevent return to physical jobs
  • Whiplash can cause permanent problems
  • Often misdiagnosed initially (rotator cuff tears thought to be sprains)

Proper Documentation CRITICAL:

  • Detailed pain descriptions to doctors
  • Consistent treatment (no gaps)
  • MRI proving injury
  • Physical therapy records
  • Work restrictions documented

Psychological Injuries

PTSD After Motor Vehicle Accidents:

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

Compensable Psychological Damages:

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

Why Choose Attorney911 for Your Surfside Beach Accident Case

When you’ve been injured in a motor vehicle accident in Surfside Beach, you need more than just a lawyer – you need a legal team with the experience, resources, and insider knowledge to fight for the compensation you deserve. Here’s what sets Attorney911 apart:

1. Insurance Defense Insider Knowledge

“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”

What This Means for Your Case:

  • We know their tactics because Lupe used them
  • We anticipate their strategies before they deploy them
  • We know how they value claims internally
  • We know which IME doctors they favor
  • We know how to beat their algorithms
  • We speak their language

No other firm in Surfside Beach has this advantage.

2. Multi-Million Dollar Results

Attorney911 has recovered millions for victims of:

  • Brain injuries: “Multi-million dollar settlement for client who suffered brain injury with vision loss”
  • Amputations: “This case settled in the millions”
  • Trucking wrongful death: “Recovered millions of dollars in compensation”
  • Maritime injuries: “Significant cash settlement”

Our results prove we don’t settle cheap.

3. Federal Court Experience

Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas.

Why This Matters:

  • Complex cases often end up in federal court
  • FMCSA trucking regulations are federal
  • Diversity jurisdiction for out-of-state defendants
  • Federal court requires different skills than state court

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

4. Personal Attention from Start to Finish

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

You work directly with Ralph or Lupe, 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

Additional Advantages:

6. 25+ Years of Experience
Ralph Manginello has been fighting for accident victims since 1998. That’s over 25 years of experience handling complex motor vehicle accident cases in Texas courts.

7. Bilingual Services
Lupe Peña is fluent in Spanish, and our staff includes bilingual case managers like Zulema. We ensure language is never a barrier to justice.

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

8. Comprehensive Case Handling
We handle every aspect of your case:

  • Medical record collection
  • Insurance negotiations
  • Evidence preservation
  • Expert witness coordination
  • Trial preparation
  • Settlement negotiations

9. Trial-Ready Preparation
While most cases settle, we prepare every case as if it’s going to trial. This approach gives us maximum leverage in settlement negotiations.

10. Community Trust
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

Frequently Asked Questions About Surfside Beach Motor Vehicle Accidents

Immediate After Accident

1. What should I do immediately after a car accident in Surfside Beach?

If you’ve been in an accident in Surfside Beach:

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

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

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

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

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

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

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

4. What information should I collect at the scene?

  • Other driver: name, phone, address, driver’s license, insurance
  • Vehicle: make, model, color, license plate
  • Witnesses: names and phone numbers
  • Photos: all vehicle damage, injuries, road conditions, traffic signals
  • Police: officer name, badge number, report number

5. Should I talk to the other driver or admit fault?

  • Exchange information only
  • Do NOT discuss fault
  • Do NOT apologize or say “I’m sorry” (can be used as admission)
  • Do NOT give your opinion on what happened
  • Stick to facts only

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

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

Dealing with Insurance

7. Should I give a recorded statement to insurance?

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

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

Say: “I need to speak with my attorney first.” Give only basic information (name, date of accident). Do NOT give recorded statement. Do NOT discuss injuries or fault.

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

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

10. Should I accept a quick settlement offer?

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

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

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

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

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

Legal Process

13. Do I have a personal injury case?

You may have a case if:

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

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

14. When should I hire a car accident lawyer?

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

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

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

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

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

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

17. What happens if I was partially at fault?

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

18. Will my case go to trial?

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

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

19. How long will my case take to settle?

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

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

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

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

Compensation

21. What is my case worth?

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

22. What types of damages can I recover?

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

23. Can I get compensation for pain and suffering?

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

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

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

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

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

26. How is the value of my claim determined?

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

Attorney Relationship

27. How much do car accident lawyers cost?

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

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

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

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

29. How often will I get updates?

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

30. Who will actually handle my case?

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

31. What if I already hired another attorney?

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

Mistakes to Avoid

32. What common mistakes can hurt my case?

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

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

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

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

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

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

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

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

Additional Common Questions

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

You can still recover. If the accident AGGRAVATED your pre-existing condition, you’re entitled to compensation for the aggravation. “Eggshell plaintiff” rule: Defendant takes victim as they find them. Example: You had mild occasional back pain. Accident caused herniated disc requiring surgery. You recover for the NEW injury, not just the pre-existing pain. We hire medical experts to prove the difference. Lupe knows how insurance attacks pre-existing conditions—he used this defense for years.

37. Can I switch attorneys if I’m unhappy with my current lawyer?

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

38. What if the insurance company is my own insurance (UM/UIM claim)?

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

39. How do you calculate pain and suffering?

Most commonly using multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering. Multiplier depends on: injury severity, permanency, impact on life, clear liability. Example: $100,000 medical × 4 multiplier = $400,000 pain & suffering. Lupe calculated these for years—he knows how to justify higher multipliers. See Section G for detailed breakdown.

40. What if I was hit by a government vehicle (city bus, police car, etc.)?

Government claims have special rules. You must file notice within 6 months (much shorter than 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply. These cases are complex—you need experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—6-month deadline is strict.

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

File police report immediately (hit and run is a crime). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is CRITICAL—gas stations, businesses, Ring doorbells, traffic cameras. Most footage deleted 7-30 days. We send preservation letters immediately. Texas allows UM stacking. We’ve recovered substantial settlements in hit and run cases through UM claims.

42. What if I’m an undocumented immigrant—can I still file a claim?

YES. Immigration status does NOT affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses. Lupe is fluent in Spanish. Call 1-888-ATTY-911—we protect your rights and your privacy.

43. What if the accident happened in a parking lot?

Parking lot accidents are fully compensable. Insurance companies love to argue “parking lot accidents are always 50/50 fault” (LIE). We prove fault through: surveillance video, witness statements, damage analysis, traffic patterns. Texas comparative negligence rules apply. We’ve won many parking lot cases with clear liability findings.

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

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

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

You can still pursue claim against deceased driver’s estate and insurance. Death doesn’t eliminate liability. Insurance policy still applies. Estate may have assets. Wrongful death laws protect both sides. These cases are emotionally complex but legally straightforward. We handle with sensitivity while protecting your rights.

Surfside Beach Motor Vehicle Accident Resources

Local Hospitals and Medical Centers:

  • UTMB Health Angleton Danbury Campus: 132 E Hospital Dr, Angleton, TX 77515 (Nearest Level III trauma center)
  • UTMB Health League City Campus: 2280 Gulf Fwy S, League City, TX 77573 (Level II trauma center)
  • UTMB Health Galveston: 301 University Blvd, Galveston, TX 77555 (Level I trauma center – primary regional trauma center)

Local Courts Serving Surfside Beach:

  • Brazoria County Justice of the Peace Precinct 1: 111 E Locust St, Angleton, TX 77515
  • Brazoria County Court at Law: 111 E Locust St, Angleton, TX 77515
  • 239th District Court: 111 E Locust St, Angleton, TX 77515
  • Brazoria County Courthouse: 111 E Locust St, Angleton, TX 77515

Local Law Enforcement:

  • Surfside Beach Police Department: 309 Ocean Ave, Surfside Beach, TX 77541
  • Brazoria County Sheriff’s Office: 3602 County Rd 45, Angleton, TX 77515
  • Texas Department of Public Safety – Angleton: 1400 N Velasquez St, Angleton, TX 77515

Dangerous Roads and Intersections in Surfside Beach:

  • FM 523: High-traffic corridor connecting Surfside Beach to Freeport and Lake Jackson
  • SH 332: Major route serving the Freeport industrial corridor
  • Intersection of FM 523 and SH 332: High-volume intersection with frequent accidents
  • Bryan Beach Road: Popular route to beach access points, often congested
  • Surfside Jetties area: Tourist traffic and limited visibility create hazards

Local Insurance Adjusters You May Encounter:

  • State Farm: Major presence in Brazoria County
  • Allstate: Common in the Houston metro area
  • Farmers Insurance: Significant market share
  • Progressive: Growing presence
  • Texas Farm Bureau: Popular with rural and coastal residents

Contact Attorney911 Today

If you or a loved one has been injured in a motor vehicle accident in Surfside Beach, Texas, don’t wait to get the legal help you need. Evidence disappears daily, and insurance companies are already building their case against you.

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

Why Choose Attorney911:

  • Former insurance defense attorney on your side
  • 25+ years of experience fighting for accident victims
  • Multi-million dollar results in complex cases
  • Federal court admission for serious injury claims
  • Personal attention from Ralph Manginello and Lupe Peña
  • No fee unless we win your case
  • Bilingual services available

Serving Surfside Beach and all of Brazoria County:

  • Surfside Beach
  • Freeport
  • Lake Jackson
  • Angleton
  • Clute
  • Richwood
  • Quintana
  • Jones Creek
  • Brazoria
  • West Columbia
  • Sweeny

Don’t let insurance companies take advantage of you. Call 1-888-ATTY-911 today.

“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

“Ralph is an AMAZING ATTORNEY. I have used him 2 TIMES FOR 2 separate cases the first case he got me an OFF DOCKET DISSMISSAL! And the other only 10 months probation. He gets the JOB DONE RIGHT!!!!” – Cassie Wright

Free Consultation • No Fee Unless We Win • Hablamos Español

Attorney911 – Your Legal Emergency Lawyers™
1-888-ATTY-911 (1-888-288-9911)

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