Motor Vehicle Accident Lawyers in Westover Hills, Texas
If you’ve been injured in a car accident in Westover Hills, Texas, you’re not alone. With one motor vehicle crash occurring every 57 seconds in Texas, the roads in Tarrant County and surrounding areas can be dangerous. At Attorney911, we understand the physical, emotional, and financial toll an accident can take on you and your family. Our experienced team, led by Ralph Manginello with over 25 years of legal expertise, is here to fight for the compensation you deserve.
Why Westover Hills Accidents Happen
Westover Hills is a small but vibrant community within the Fort Worth metroplex, known for its scenic views and proximity to major highways like I-30 and SH 183. While these roads connect residents to Fort Worth and beyond, they also present significant risks. Common causes of accidents in this area include:
- Distracted driving (a leading cause of 380 deaths in Texas in 2024)
- Speeding on highways and local roads
- Failure to yield at intersections
- Drunk driving incidents, particularly on weekends
- Poor weather conditions affecting visibility and road traction
With 251,977 people injured in Texas motor vehicle crashes last year alone, it’s clear that accidents can happen to anyone, anywhere. When they do, you need a legal team that understands the complexities of Texas law and has a proven track record of success.
Common Injuries in Westover Hills Accidents
Car accidents can result in a wide range of injuries, from minor to life-altering. Some of the most common injuries we see in our Westover Hills clients include:
- 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, including PTSD
These injuries can require extensive medical treatment, time off work, and long-term rehabilitation. Our team at Attorney911 understands the medical complexities of these injuries and works with top medical experts to ensure you receive the compensation you need for both current and future medical expenses.
Why Choose Attorney911 for Your Westover Hills Accident Case
At Attorney911, we’re not just another law firm. We’re your neighbors, your advocates, and your legal emergency response team. Here’s what sets us apart:
1. Insurance Defense Insider Advantage
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
This unique advantage means we know exactly how insurance companies operate because we used to work for them. Lupe Peña, our associate attorney, spent years defending insurance companies and knows their tactics inside and out. Now, he uses that knowledge to fight for you.
2. Multi-Million Dollar Results
Our track record speaks for itself:
“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions”
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation”
These results demonstrate our commitment to fighting for maximum compensation for our clients.
3. Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court admission means we can handle complex cases that other firms might shy away from, including those involving:
- Commercial vehicle accidents
- Trucking cases with federal regulations
- Cases against large corporations
- Multi-state defendants
4. Personal Attention You Deserve
Unlike high-volume firms where you’re just a case number, at Attorney911, you work directly with our attorneys. As client Chad Harris shared:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
We understand that every case is personal, and we treat our clients with the care and respect they deserve.
5. No Fee Unless We Win
We believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis:
“We don’t get paid unless we win your case.”
This means you pay nothing upfront, and we only collect a fee if we recover compensation for you. It’s our way of ensuring that financial concerns don’t prevent you from getting the legal help you need.
The Reality of Dealing with Insurance Companies in Westover Hills
After an accident, you might think the insurance company is on your side. Unfortunately, this couldn’t be further from the truth. Insurance companies are businesses, and their primary goal is to minimize payouts. Here’s what they don’t want you to know:
1. The Recorded Statement Trap
Within days of your accident, an insurance adjuster will likely contact you, acting friendly and concerned. They’ll ask for a recorded statement, claiming it’s “routine” or “just to help process your claim.”
What they’re really doing: Building a case against you.
They’ll ask leading questions designed to get you to say things that can be used to minimize or deny your claim. Questions like:
- “You’re feeling better now though, right?”
- “It wasn’t that bad of an impact, was it?”
- “Were you distracted at all?”
Our advice: Never give a recorded statement without consulting an attorney first. Once you’ve said something, you can’t take it back.
2. The Quick Settlement Offer
Insurance companies often make quick settlement offers within the first few weeks after an accident. These offers might seem tempting when you’re facing medical bills and lost wages, but they’re almost always far below what your case is truly worth.
The trap: Once you accept a settlement, you can’t go back for more money, even if your injuries turn out to be more serious than you initially thought.
“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”
If this client had accepted an early settlement offer, they would have missed out on the compensation they truly needed.
3. The “Independent” Medical Exam (IME) Scam
Insurance companies will often send you to an “independent” medical exam with a doctor of their choosing. These exams are anything but independent.
What really happens: The doctor spends 10-15 minutes with you, barely reviews your medical records, and then writes a report minimizing your injuries. Common findings include:
- “Patient has pre-existing degenerative changes”
- “Injuries consistent with minor trauma”
- “Patient can return to full duty work”
- “Treatment has been excessive”
Our advantage: Lupe Peña knows these doctors. He hired them when he worked for insurance companies. Now, he knows how to counter their reports with our own medical experts.
4. Surveillance Tactics
Insurance companies hire private investigators to follow accident victims, hoping to catch them doing something that contradicts their injury claims. They’ll:
- Video you doing daily activities
- Monitor your social media accounts
- Look for any activity that can be taken out of context
What they don’t show: The pain you’re in before and after the activity, or the fact that your doctor recommended light activity as part of your recovery.
“I’ve reviewed hundreds of surveillance videos and social media posts as defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life – they’re building ammunition against you.” – Lupe Peña
5. Delay, Deny, Defend Strategy
Insurance companies know that the longer they can delay your claim, the more desperate you’ll become. They’ll:
- Claim they’re “still investigating”
- “Need more information” (even if you’ve provided it)
- Ignore your calls and emails
- Hope you’ll give up or accept a lowball offer
Their advantage: They have unlimited time and resources. You have mounting bills and financial pressure.
Our advantage: We file lawsuits to force deadlines. We set depositions to compel action. We prepare for trial to show we’re serious.
6. Colossus: How Insurance Companies Actually Value Your Claim
Most insurance companies use a software system called Colossus to calculate settlement offers. Here’s how it works:
- The adjuster inputs your injury codes, treatment types, and costs
- The software applies algorithms to determine a “value” range
- The adjuster typically can’t exceed this range without approval
The problem: Colossus is programmed to undervalue serious injuries.
How they manipulate it:
- Using low injury codes (“soft tissue strain” instead of “disc herniation”)
- Flagging “excessive” treatment
- Penalizing conservative treatment (chiropractic valued less than MD)
- Reducing value for pre-existing conditions
Our advantage: Lupe Peña knows how Colossus works because he used it when he worked for insurance companies. He knows how to present your medical records to maximize your claim’s value.
Types of Motor Vehicle Accidents We Handle in Westover Hills
At Attorney911, we handle all types of motor vehicle accidents in Westover Hills and throughout Tarrant County. Our experienced team has successfully represented clients in:
Car Accidents
With 251,977 people injured in Texas car accidents last year, collisions are all too common on Westover Hills roads. Whether you were rear-ended on I-30, sideswiped in a parking lot, or involved in a multi-vehicle pileup, we can help.
Common causes of car accidents in Westover Hills include:
- Distracted driving (texting, eating, adjusting the radio)
- Speeding and aggressive driving
- Failure to yield at intersections
- Drunk or drugged driving
- Poor weather conditions
- Vehicle defects
Common injuries: Whiplash, herniated discs, broken bones, traumatic brain injuries, spinal cord injuries, internal bleeding
Our results: We’ve recovered millions for car accident victims, including cases involving amputations and other catastrophic injuries.
“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”
18-Wheeler and Trucking Accidents
Trucking accidents are particularly devastating due to the size and weight of commercial vehicles. Texas leads the nation in fatal truck crashes, with 39,393 commercial motor vehicle crashes in 2024 alone.
Why trucking accidents are more complex:
- Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
- Federal regulations (FMCSA) that must be analyzed
- Higher insurance limits (often $1 million or more)
- More severe injuries due to the size disparity
Federal regulations we investigate:
- Hours of Service (HOS) violations (max 11 hours driving after 10 hours off)
- Electronic Logging Device (ELD) data (can be overwritten in 30-180 days)
- Driver qualification and training records
- Vehicle maintenance and inspection records
- Drug and alcohol testing records
Our results: We’ve recovered millions for victims of trucking accidents, including wrongful death cases.
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation”
Drunk Driving Accidents
Drunk driving is a serious problem in Texas, with 1,053 alcohol-impaired driving deaths in 2024 (25.37% of all traffic fatalities). If you’ve been injured by a drunk driver in Westover Hills, you have rights under Texas law.
Dram Shop Liability: Under Texas Alcoholic Beverage Code § 2.02, bars, restaurants, and other establishments can be held liable if they served alcohol to someone who was obviously intoxicated.
Signs of obvious intoxication include:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Impaired coordination
- Aggressive or erratic behavior
Potentially liable parties:
- Bars and nightclubs
- Restaurants serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Social hosts (in limited circumstances)
Our advantage: Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), giving us unique insight into both the criminal and civil aspects of drunk driving cases. We’ve successfully handled numerous DWI cases, including:
- A case where police department employees weren’t properly maintaining breathalyzer machines, leading to a dismissal
- A case where EMS and hospital notes were missing, resulting in a dismissal on the day of trial
- A case where video evidence showed the client wasn’t drunk, leading to a dismissal
Motorcycle Accidents
Motorcycle accidents often result in catastrophic injuries due to the lack of protection for riders. In 2024, there were 585 motorcyclist fatalities in Texas, with 37% of those killed not wearing helmets.
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 Westover Hills:
- 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 issues: Insurance companies often try to blame motorcyclists for accidents. Texas uses a 51% bar rule – if you’re found to be 51% or more at fault, you can’t recover any damages.
Our advantage: Lupe Peña knows how insurance companies build comparative fault arguments because he used to make them. Now, he knows how to defeat them.
Pedestrian Accidents
Pedestrians are particularly vulnerable on Westover Hills roads. In 2024, there were 6,095 pedestrian crashes in Texas, resulting in 768 fatalities. Pedestrians account for just 1% of crashes but 19% of all roadway deaths.
Critical legal point: Pedestrians ALWAYS have the right-of-way at intersections in Texas, even at unmarked crosswalks. Many drivers don’t know this, and insurance companies won’t tell you.
Common pedestrian injuries:
- Traumatic brain injuries
- Spinal cord injuries
- Broken pelvis and legs
- Internal organ damage
- Fatalities
Our commitment: We fight aggressively for pedestrian accident victims, ensuring they receive the compensation they deserve for their injuries.
Rideshare Accidents (Uber/Lyft)
Rideshare accidents present unique challenges due to the complex insurance coverage involved. With 11 billion rideshare trips in the U.S. since 2010, these accidents are becoming increasingly common.
Critical insurance phases:
| Phase | Driver Status | Coverage Available |
|---|---|---|
| Period 0 | App off, personal use | Personal insurance only ($30K/$60K/$25K minimum in Texas) |
| Period 1 | App on, waiting for ride request | Contingent coverage: $50K/$100K/$25K |
| Period 2 | Ride accepted, en route to pickup | Full commercial: $1,000,000 liability |
| Period 3 | Passenger in vehicle | Full commercial: $1,000,000 liability |
Why this matters: The insurance coverage available depends on what the driver was doing at the exact moment of the accident. This complexity is why you need an experienced attorney.
Our advantage: Lupe Peña understands how to navigate these complex insurance phases to maximize your recovery.
Hit and Run Accidents
Hit and run accidents are particularly frustrating because the at-fault driver has fled the scene. In Texas, hit and run is a serious crime with severe penalties:
| Severity | Charge | Penalty |
|---|---|---|
| Death | 2nd Degree Felony | 2-20 years prison, up to $10K fine |
| Serious Bodily Injury | 3rd Degree Felony | 2-10 years prison, up to $10K fine |
| Minor Injury | State Jail Felony | Up to 5 years, up to $5K fine |
| Property Damage ≥$200 | Class B Misdemeanor | Up to 6 months jail, up to $2K fine |
Your options: If the at-fault driver can’t be identified, your own Uninsured/Underinsured Motorist (UM/UIM) coverage can compensate you.
Our action: We send preservation letters to businesses near the accident scene to secure surveillance footage before it’s deleted (typically within 7-30 days).
Tesla and Autonomous Vehicle Accidents
As electric and autonomous vehicles become more common in Westover Hills, we’re seeing a rise in accidents involving these technologies. Tesla’s Autopilot system, in particular, has been involved in numerous high-profile crashes.
Notable Tesla crashes:
- May 2016: First U.S. Autopilot fatality when a Tesla failed to detect a white 18-wheeler
- March 2018: Apple engineer killed in a Tesla Autopilot crash (settled in 2024)
- August 2025: $240 million+ jury verdict against Tesla for a fatal Autopilot crash
Key liability arguments:
- Tesla marketed Autopilot as safer than human drivers, creating overconfidence
- The system has known defects, including failure to detect emergency vehicles
- Tesla uses over-the-air software updates instead of comprehensive recalls
- The company knew about these defects but failed to adequately warn users
Our capability: With Ralph Manginello’s federal court admission and experience in complex litigation (including the BP explosion case), we’re well-equipped to handle these cutting-edge cases.
E-Scooter and E-Bike Accidents
As e-scooters and e-bikes become more popular in Westover Hills, we’re seeing an increase in accidents involving these vehicles.
Texas e-bike classifications:
| Class | Max Speed | Throttle | Pedal Assist |
|---|---|---|---|
| Class 1 | 20 mph | No | Yes |
| Class 2 | 20 mph | Yes | Yes |
| Class 3 | 28 mph | No | Yes |
Legal requirements in Texas:
- No license required for standard e-bikes
- No registration required
- Motor limit: 750W (1 horsepower) or less
- Speed limit: 28 mph maximum assisted speed
- No statewide helmet requirement (some cities require helmets for riders under 17)
If an e-bike exceeds these standards:
- It may be classified as a motor vehicle
- Different insurance and liability implications apply
Our experience: We handle all types of e-scooter and e-bike accidents, including those involving:
- Motorists who strike e-bike riders
- E-bike manufacturers (product defects)
- Pedestrians struck by e-bikes
- Property owners (premises liability)
Bus Accidents
Bus accidents can involve multiple victims and complex liability issues. In 2024, there were 1,110 bus accidents in Texas, leading the nation in total bus crashes.
Types of bus accidents we handle:
- City bus accidents
- School bus accidents
- Charter bus accidents
- Tour bus accidents
Liable parties may include:
- The bus driver (fatigue, distraction, impairment)
- The bus company (inadequate training, negligent maintenance)
- The manufacturer (vehicle defects)
- Other drivers (third-party vehicles)
- Government entities (poor road design, signage issues)
School bus statistics (2023):
- 2,523 school bus crashes in Texas
- 11 school bus-related deaths
- 63 serious injuries
- Over 10,000 students injured during the 2021-22 school year
Construction Zone Accidents
Construction zones present unique hazards for drivers in Westover Hills. In 2024, there were nearly 28,000 crashes in Texas work zones, resulting in 215 deaths – a 12% increase over the previous year.
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 truck (who admitted to receiving a text message) rear-ended her vehicle, pushing it into the path of another truck. The accident was fatal.
Why construction zone accidents are on the rise:
- 60% of highway contractors reported crashes into their work zones
- 43% reported worker injuries from these crashes
- Distracted driving is a major factor
- Speeding through work zones is common
Bicycle Accidents
Bicycle accidents can result in serious injuries due to the lack of protection for cyclists. In 2024, there were 78 bicyclist fatalities in Texas, representing a 26.42% decrease from 2023.
Common causes of bicycle accidents in Westover Hills:
- Failure to yield right of way
- Driver inattention or distraction
- Unsafe lane changes
- Opening car doors into bike lanes (“dooring”)
- Poor road conditions
Texas comparative negligence rule: Insurance companies often try to blame cyclists for accidents. Under Texas’s 51% bar rule, if you’re found to be 51% or more at fault, you can’t recover any damages.
Our advantage: Lupe Peña knows how insurance companies build comparative fault arguments and how to counter them.
Uninsured/Underinsured Motorist (UM/UIM) Claims
With 15.4% of U.S. motorists driving without insurance (approximately 1 in 7 drivers), UM/UIM coverage is critical for protecting yourself.
Texas UM/UIM rules:
- Allows inter-policy stacking (combining coverage from multiple vehicles)
- Standard UM/UIM deductible: $250
- Some policies have anti-stacking provisions (courts generally uphold these)
- UM coverage pays for hit-and-run accidents when the at-fault driver is unidentified
Our experience: We’ve successfully handled numerous UM/UIM claims, ensuring our clients receive the compensation they’re entitled to even when the at-fault driver is uninsured or underinsured.
Wrongful Death Claims
Losing a loved one in a motor vehicle accident is devastating. Texas law allows surviving family members to pursue wrongful death claims against the at-fault party.
Who can file a wrongful death claim in Texas:
- Surviving spouse
- Children (including adult children)
- Parents
Types of damages recoverable:
- Loss of financial support
- Loss of companionship and love
- Mental anguish
- Funeral and burial expenses
Survival actions: In addition to wrongful death claims, the deceased’s estate can pursue a survival action for damages the deceased would have been entitled to if they had survived, including:
- Pain and suffering before death
- Medical expenses incurred before death
- Lost wages before death
Our commitment: We handle wrongful death cases with compassion and dedication, fighting for the families who have lost loved ones due to others’ negligence.
What to Do After an Accident in Westover Hills
If you’ve been involved in a motor vehicle accident in Westover Hills, taking the right steps immediately can significantly impact your ability to recover compensation. Here’s what you should do:
First 24 Hours: Immediate Action
- Safety First: If you can move safely, get to a secure location away from traffic.
- Call 911: Report the accident and request medical assistance if anyone is injured.
- Seek Medical Attention: Even if you feel fine, get checked by a medical professional. Adrenaline can mask serious injuries.
- Document Everything:
- Take photos of all vehicle damage (from every angle)
- Photograph the accident scene, road conditions, and traffic signals
- Take photos of any visible injuries
- Screenshot any messages visible on your phone (do not delete anything)
- 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
- Witnesses: Get names and phone numbers of any witnesses.
- Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to any insurance company.
Days 2-7: Evidence Preservation
- 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
- Physical Evidence:
- Secure damaged clothing, glasses, or other personal items
- Keep receipts for any expenses (towing, rental car, medications)
- Do not repair your vehicle yet – preserve the damage
- Medical Records:
- Request copies of all ER and hospital records
- Keep all discharge paperwork
- Follow up with your primary care physician within 48 hours
- Insurance Communications:
- Note any calls from insurance companies
- Do not give recorded statements yet
- Do not sign anything
- Do not accept any settlement offers
- Say: “I need to speak with my attorney first”
- Social Media:
- Make all profiles private immediately
- Do not post about the accident
- Do not post photos of injuries or activities
- Tell friends and family not to tag you in posts
Weeks 2-4: Strategic Decisions
- Legal Consultation:
- Speak with an experienced motor vehicle accident attorney
- Call Attorney911: 1-888-ATTY-911 for a free consultation
- Have your documentation ready
- Insurance Response:
- If insurance contacts you, refer them to your attorney
- Say: “My attorney will be in touch with you”
- Provide only basic information: name, date of accident, that you were involved
- Settlement Offers:
- Do not accept or sign anything without lawyer review
- Early offers are always lowball offers
- You don’t know the extent of your injuries yet
- Evidence Backup:
- Upload all screenshots and photos to cloud storage
- Email copies to yourself and a family member
- Create a written timeline of events while your memory is fresh
Why Time is Critical
Evidence disappears quickly after an accident:
- 1-7 days: Witness memories begin fading
- 7-30 days: Surveillance footage is typically deleted (gas stations: 7-14 days, retail stores: 30 days)
- 30-180 days: Trucking ELD/black box data can be overwritten
- 6 months: Witnesses become harder to locate, memories degrade significantly
- 1 year: Approaching the 2-year statute of limitations creates pressure
- 2 years: Statute of limitations deadline (Texas Civil Practice & Remedies Code § 16.003)
What Attorney911 Does Within 24 Hours of Retention:
- Send preservation letters to all parties (other driver, insurance companies, businesses near the scene, trucking companies)
- Begin canvassing the accident scene for cameras and witnesses
- Order police reports and 911 recordings
- Photograph the scene before it changes
- Interview witnesses before memories fade
- Obtain medical records immediately
- Identify all insurance policies
- Begin accident reconstruction analysis
Texas Motor Vehicle Law: What You Need to Know
Understanding Texas law is crucial for protecting your rights after an accident. Here are the key legal concepts you should know:
Statute of Limitations
In Texas, you have a limited time to file a lawsuit after an accident:
| 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 |
Critical point: If you miss the deadline, your case is barred forever. You cannot extend or waive this deadline.
Comparative Negligence (51% Bar Rule)
Texas uses a modified comparative negligence system with a 51% bar:
- If you are 50% or less at fault, you can recover damages (reduced by your percentage 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 can cost you thousands.
Texas Minimum Auto Insurance Requirements
Texas law requires all drivers to carry minimum 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 U.S. motorists are uninsured (approximately 1 in 7 drivers)
- UM/UIM coverage is critical for protection
- Texas allows inter-policy stacking
Types of Damages You Can Recover
In Texas, accident victims can recover several types of damages:
-
Economic Damages (No Cap):
- Medical expenses (past and future)
- Lost wages and lost earning capacity
- Property damage
- Out-of-pocket expenses (transportation, home modifications)
-
Non-Economic Damages (No Cap except medical malpractice):
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of enjoyment of life
- Loss of consortium (impact on marriage/family relationships)
-
Punitive/Exemplary Damages (Capped):
- Available for gross negligence, fraud, or malice
- Cap: Greater of $200,000 OR 2x economic damages + 1x non-economic damages (capped at $750,000 for non-economic portion)
- Drunk driving cases often qualify
Dram Shop Liability
Under Texas Alcoholic Beverage Code § 2.02, bars, restaurants, and other establishments can be held liable if they serve alcohol to someone who is obviously intoxicated and that person later causes an accident.
Elements to prove:
- The establishment served a patron who was obviously intoxicated
- The over-service was the proximate cause of the accident and damages
Signs of obvious intoxication:
- Slurred speech
- Bloodshot or glassy eyes
- Unsteady gait or stumbling
- Impaired coordination
- Aggressive or erratic behavior
- Strong odor of alcohol
Potentially liable parties:
- Bars and nightclubs
- Restaurants serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Social hosts (in limited circumstances)
Proving Liability in Your Westover Hills Accident Case
To win your case, we must prove that the other party was negligent. This requires establishing four elements:
- Duty of Care: The other driver had a legal obligation to operate their vehicle safely.
- Breach of Duty: The other driver violated that duty through their actions or inactions.
- Causation: The breach of duty directly caused your injuries.
- Damages: You suffered actual harm (physical, financial, or emotional).
Types of Evidence We Use
-
Physical Evidence:
- Vehicle damage photographs
- Skid marks and road damage
- Damaged personal property (clothing, glasses)
- Weather and road conditions
-
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 (from the other party)
-
Testimonial Evidence:
- Witness statements
- Expert witness testimony
- Medical expert opinions
- Accident reconstruction specialists
Multiple Liable Parties
In many accidents, there are multiple parties who may share liability:
- Trucking accidents: Driver, trucking company, cargo loader, manufacturer, maintenance company
- Rideshare accidents: Driver, rideshare company (Uber/Lyft), other at-fault drivers, vehicle owner
- Drunk driving accidents: Drunk driver, bar/restaurant (dram shop liability), social host, liquor store
- Product liability cases: Manufacturer, distributor, retailer
Why this matters: More liable parties mean more insurance policies to pursue, increasing your potential recovery.
Expert Witnesses We Work With
We collaborate with top experts to strengthen your case:
| 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 |
Calculating Your Damages: What Your Westover Hills Case Is Worth
Determining the value of your case involves evaluating both economic and non-economic damages:
Economic Damages
These are quantifiable financial losses:
-
Medical Expenses:
- Emergency room visits
- Hospital stays
- Surgeries
- Doctor visits
- Physical therapy
- Medications
- Medical equipment
- Future medical needs
-
Lost Wages:
- Income lost from the date of the accident to the present
- Future lost income if you can’t return to work
- Lost earning capacity if your ability to earn is permanently reduced
-
Property Damage:
- Vehicle repair or replacement
- Personal property damaged in the accident
-
Out-of-Pocket Expenses:
- Transportation to medical appointments
- Home modifications
- Household help
Non-Economic Damages
These are intangible losses that are more difficult to quantify:
- Pain and Suffering: Physical pain from your injuries
- Mental Anguish: Emotional distress, anxiety, depression, fear, PTSD
- Physical Impairment: Loss of physical function, disability, limitations
- Disfigurement: Scarring or permanent visible injuries affecting your appearance
- Loss of Consortium: Impact on your marriage and family relationships
- Loss of Enjoyment of Life: Inability to participate in activities you previously enjoyed
Settlement Ranges by Injury Type
While every case is unique, here are typical settlement ranges for different types of injuries in Texas:
Soft Tissue Injuries (Whiplash, Sprains, Strains):
- Medical treatment: $6,000-$16,000
- Lost wages: $2,000-$10,000
- Pain and suffering: $8,000-$35,000
- Settlement range: $15,000-$60,000
Broken Bone (Single, Simple Fracture):
- Medical treatment: $10,000-$20,000
- Lost wages: $5,000-$15,000
- Pain and suffering: $20,000-$60,000
- Settlement range: $35,000-$95,000
Broken Bone (Requiring Surgery):
- Medical treatment: $47,000-$98,000
- Lost wages: $10,000-$30,000
- Pain and suffering: $75,000-$200,000
- Settlement range: $132,000-$328,000
Herniated Disc (Conservative Treatment):
- Medical treatment: $22,000-$46,000
- Lost wages: $8,000-$25,000
- Pain and suffering: $40,000-$100,000
- Settlement range: $70,000-$171,000
Herniated Disc (Surgery Required):
- Medical treatment: $96,000-$205,000
- Future medical: $30,000-$100,000
- Lost wages: $20,000-$50,000
- Lost earning capacity: $50,000-$400,000
- Pain and suffering: $150,000-$450,000
- Settlement range: $346,000-$1,205,000
Traumatic Brain Injury (Moderate to Severe):
- Medical treatment: $198,000-$638,000
- Future medical: $300,000-$3,000,000+
- Lost wages: $50,000-$200,000
- Lost earning capacity: $500,000-$3,000,000+
- Pain and suffering: $500,000-$3,000,000+
- Settlement range: $1,548,000-$9,838,000
Spinal Cord Injury / Paralysis:
- Lifetime care costs: $2,500,000-$25,880,000+
- Settlement range: $4,770,000-$25,880,000
Amputation:
- Medical treatment: $170,000-$480,000
- Future medical (prosthetics): $500,000-$2,000,000
- Settlement range: $1,945,000-$8,630,000
Wrongful Death (Working Age Adult):
- Funeral and burial: $10,000-$20,000
- Medical expenses before death: $50,000-$500,000
- Lost financial support: $1,000,000-$4,000,000
- Loss of companionship: $500,000-$3,000,000
- Mental anguish: $250,000-$1,500,000
- Settlement range: $1,910,000-$9,520,000
Factors That Increase Case Value
Several factors can increase the value of your case:
- Clear liability: The other driver was 100% at fault
- Severe injuries: Permanent disability, scarring, or disfigurement
- High medical bills: Extensive treatment and future care needs
- Significant lost wages: High earner or long-term disability
- Sympathetic plaintiff: Young victim, family provider, or someone with a compelling story
- Egregious defendant conduct: Drunk driving, hit and run, or reckless behavior
- Strong evidence: Video footage, multiple witnesses, or clear police report
- Multiple liable parties: More insurance policies to pursue
Factors That Decrease Case Value
Certain factors can decrease the value of your case:
- Disputed liability: Conflicting accounts of what happened
- Gaps in medical treatment: Missed appointments or long periods without treatment
- Pre-existing conditions: Prior injuries to the same body part
- Social media activity: Posts that contradict your injury claims
- Recorded statements: Saying something that hurts your case
- Comparative fault: Being partially at fault for the accident
- Low policy limits: The at-fault driver has minimal insurance coverage
Why Attorney911 is the Right Choice for Your Westover Hills Case
When you’re injured in a motor vehicle accident, choosing the right attorney can make all the difference in the outcome of your case. Here’s why Attorney911 stands out:
1. Insurance Defense Insider Advantage
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
This unique advantage sets us apart from every other law firm in Texas. Lupe Peña spent years working for insurance companies, learning their tactics, strategies, and valuation methods. Now, he uses that insider knowledge to fight for accident victims like you.
What this means for your case:
- We know how insurance companies calculate claim values
- We understand their settlement authority structures
- We anticipate their defense strategies before they deploy them
- We know which IME doctors they favor and how to counter their reports
- We speak their language and know how to beat their algorithms
2. Proven Track Record of Multi-Million Dollar Results
Our results speak for themselves:
“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”
“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions”
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation”
These results demonstrate our commitment to fighting for maximum compensation for our clients. We don’t settle for less than what you deserve.
3. Federal Court Experience for Complex Cases
Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court admission allows us to handle complex cases that other firms might avoid, including:
- Trucking accidents with federal regulations
- Cases against large corporations
- Multi-state defendants
- Complex product liability cases
Our experience with billion-dollar litigation:
“Our firm is one of the few firms in Texas to be involved in BP explosion litigation”
This level of experience means we’re prepared to take on even the most challenging cases and fight for justice on your behalf.
4. Personal Attention from Experienced Attorneys
Unlike high-volume firms where you’re just a case number, at Attorney911, you work directly with our experienced attorneys. As client Chad Harris shared:
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
We understand that every case is personal, and we treat our clients with the care and respect they deserve.
5. Comprehensive Legal Services
We handle all aspects of your case so you can focus on your recovery:
- Investigating the accident and gathering evidence
- Dealing with insurance companies on your behalf
- Coordinating your medical treatment
- Calculating the full value of your claim
- Negotiating with insurance adjusters
- Filing a lawsuit if necessary
- Preparing for trial if a fair settlement can’t be reached
6. No Fee Unless We Win
We believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis:
“We don’t get paid unless we win your case.”
This means:
- You pay nothing upfront
- We only collect a fee if we recover compensation for you
- There’s no financial risk to you
- Our interests are aligned with yours – we only succeed if you do
7. Bilingual Services for the Westover Hills Community
Westover Hills is home to a diverse community, and we’re proud to offer bilingual services to better serve our Spanish-speaking clients. Lupe Peña is fluent in Spanish, and our team includes bilingual staff members like Zulema.
As client Celia Dominguez shared:
“Especially Miss Zulema, who is always very kind and always translates.”
Whether you’re more comfortable speaking English or Spanish, we’re here to communicate clearly and compassionately throughout your case.
8. Community Commitment
As members of the Westover Hills community, we’re committed to giving back and supporting local organizations. We believe in building strong relationships within our community and helping those in need.
What Our Clients Say About Attorney911
Don’t just take our word for it – hear what our clients have to say about their experience with Attorney911:
“Melanie was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.” – Brian Butchee
“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” – Stephanie Hernandez
“Leonor is the best!!! She was able to assist me with my case within 6 months.” – Tymesha Galloway
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad Harris
“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
“Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined throughout the 19 months.” – Jamin Marroquin
“Especially Miss Zulema, who is always very kind and always translates.” – Celia Dominguez
“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
“I lost everything… my car was at a total loss and because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return plus a brand new truck.” – Kiimarii Yup
Frequently Asked Questions About Motor Vehicle Accidents in Westover Hills
1. What should I do immediately after a car accident in Westover Hills?
If you’ve been in an accident in Westover Hills:
- Call 911 and report the accident
- Seek medical attention even if you feel fine (adrenaline masks injuries)
- Document everything: photos of damage, injuries, scene
- Exchange information with the other driver
- Get witness names and phone numbers
- Do NOT give a recorded statement to any insurance company
- Call Attorney911: 1-888-ATTY-911
2. Should I call the police even for a minor accident?
Yes. Always call the police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000.
3. Should I seek medical attention if I don’t feel hurt?
Absolutely. Many serious injuries don’t show symptoms immediately:
- Traumatic brain injuries can take days to manifest
- Internal bleeding may not be obvious
- Herniated discs may not cause pain for weeks
- Adrenaline masks pain at the scene
Insurance companies use delays in treatment against you. Get checked immediately.
4. What information should I collect at the scene?
- Other driver: name, phone, address, driver’s license, insurance
- Vehicle: make, model, color, license plate
- Witnesses: names and phone numbers
- Photos: all vehicle damage, injuries, road conditions, traffic signals
- Police: officer name, badge number, report number
5. Should I talk to the other driver or admit fault?
- Exchange information only
- Do NOT discuss fault
- Do NOT apologize or say “I’m sorry” (can be used as admission)
- Do NOT give your opinion on what happened
- Stick to facts only
6. How do I obtain a copy of the accident report?
In Westover Hills, you can obtain the police report from the responding agency or through the Texas Department of Transportation’s Crash Records Information System (CRIS).
7. Should I give a recorded statement to insurance?
To the other driver’s insurance: NO. Not without an attorney.
To your own insurance: You have a duty to cooperate, but call Attorney911 first. We can advise you.
8. What if the other driver’s insurance contacts me?
Say: “I need to speak with my attorney first.” Give only basic information (name, date of accident). Do NOT give a recorded statement. Do NOT discuss injuries or fault.
9. Do I have to accept the insurance company’s estimate?
No. Their estimate is just an offer. It’s usually far below actual value. Attorney911 fights for what your case is really worth.
10. Should I accept a quick settlement offer?
NEVER accept a settlement before knowing the full extent of your injuries. Once you sign a release, you cannot get more money even if you need surgery later.
11. What if the other driver is uninsured or underinsured?
Your own UM/UIM coverage can compensate you. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8
12. Why does insurance want me to sign a medical authorization?
They want unlimited access to your ENTIRE medical history to find pre-existing conditions to use against you. Never sign without attorney review.
13. Do I have a personal injury case?
You may have a case if:
- Someone else was at fault (even partially)
- You suffered injuries or damages
- There is insurance to recover from
Watch our video: “Do I Have a Good Case?” at https://www.youtube.com/watch?v=j-PMMP5Jims
14. When should I hire a car accident lawyer?
Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911: 1-888-ATTY-911
15. How much time do I have to file (statute of limitations)?
In Texas: 2 years from the date of the accident for personal injury, 2 years from the date of death for wrongful death. Miss it = case barred forever.
16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (reduced by your fault %). If 51%+ at fault, you get nothing.
Watch our video: “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4
17. What happens if I was partially at fault?
You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.
18. Will my case go to trial?
Most cases settle before trial. But Attorney911 prepares every case AS IF it’s going to trial. That’s what gives us leverage.
Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc
19. How long will my case take to settle?
Depends on injury severity. We don’t settle until you’ve reached maximum medical improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.
20. What is the legal process step-by-step?
- Investigation and evidence gathering
- Medical treatment to MMI
- Demand letter to insurance
- Negotiation
- Lawsuit if necessary
- Discovery
- Mediation
- Trial if needed
Watch our video: “What Is the Process for a Personal Injury Claim?” at https://www.youtube.com/watch?v=XwzYymneDVs
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.
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.”
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.
36. What if I have a pre-existing condition?
You can still recover. If the accident AGGRAVATED your pre-existing condition, you’re entitled to compensation for the aggravation. The “eggshell plaintiff” rule means the defendant takes the victim as they find them.
37. Can I switch attorneys if I’m unhappy with my current lawyer?
YES. You can fire your attorney at any time. If your attorney isn’t communicating, isn’t fighting for you, or is pushing you to settle cheap, you have the right to switch. Attorney911 has taken over many cases from other attorneys.
As Greg Garcia said:
“In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
Call 1-888-ATTY-911 to discuss switching.
38. What if the insurance company is my own insurance (UM/UIM claim)?
Uninsured/Underinsured Motorist claims are against YOUR insurance when the other driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation.
Texas allows inter-policy stacking (combining multiple UM policies). Lupe’s insurance knowledge is critical for maximizing UM/UIM recovery.
39. How do you calculate pain and suffering?
Most commonly using the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering.
The multiplier depends on:
- Injury severity
- Permanency
- Impact on life
- Clear liability
Lupe calculated these for years—he knows how to justify higher multipliers.
40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Government claims have special rules. You must file notice within 6 months (much shorter than the 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply.
These cases are complex—you need an experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—the 6-month deadline is strict.
41. What if the other driver fled the scene (hit and run)?
File a police report immediately (hit and run is a criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is CRITICAL—gas stations, businesses, Ring doorbells, traffic cameras. Most footage is deleted within 7-30 days.
We send preservation letters immediately. Texas allows UM stacking. We’ve recovered substantial settlements in hit and run cases through UM claims.
42. What if I’m an undocumented immigrant—can I still file a claim?
YES. Immigration status does NOT affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses.
Lupe is fluent in Spanish. Call 1-888-ATTY-911—we protect your rights and your privacy.
43. What if the accident happened in a parking lot?
Parking lot accidents are fully compensable. Insurance companies often argue “parking lot accidents are always 50/50 fault,” but this is a lie. We prove fault through:
- Surveillance video
- Witness statements
- Damage analysis
- Traffic patterns
Texas comparative negligence rules apply. We’ve won many parking lot cases with clear liability findings.
44. What if I was a passenger in the at-fault vehicle?
You can sue the driver even if you were riding with them (friend, family member, Uber driver). You’re an innocent victim. The driver’s insurance covers passengers. No comparative fault issues (you weren’t driving). These cases often settle quickly because liability is clear.
We handle the difficult conversation so you don’t have to.
45. What if the other driver died in the accident?
You can still pursue a claim against the deceased driver’s estate and insurance. Death doesn’t eliminate liability. The insurance policy still applies. The estate may have assets. Wrongful death laws protect both sides.
These cases are emotionally complex but legally straightforward. We handle them with sensitivity while protecting your rights.
Contact Attorney911 Today
If you’ve been injured in a motor vehicle accident in Westover Hills or anywhere in Tarrant County, don’t face this alone. The experienced team at Attorney911 is here to fight for you.
Call our legal emergency line now: 1-888-ATTY-911 (1-888-288-9911)
Free consultation: We’ll review your case at no cost and with no obligation.
No fee unless we win: You pay nothing unless we recover compensation for you.
Se habla español: Lupe Peña and our team are fluent in Spanish.
Offices serving Westover Hills:
- Houston (Primary): Serving Harris, Montgomery, Fort Bend, Brazoria, Galveston Counties
- Austin: Serving Travis, Williamson, Hays, Bastrop Counties
We travel to you: If you’re unable to come to our office, we’ll come to you in Westover Hills, Fort Worth, or anywhere in Tarrant County.
Don’t wait: Evidence disappears daily. The insurance company is already building their case against you. Call Attorney911 now to protect your rights and maximize your recovery.
Remember: At Attorney911, we’re not just your attorneys—we’re your legal emergency response team. When you call 1-888-ATTY-911, you’re calling a team that’s ready to fight for you.

