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Your Legal Emergency: What to Do After a Car Accident in Texas
If you’ve been injured in a car accident—or worse, a collision with a big rig or semi-truck—the immediate aftermath is a whirlwind of pain, confusion, and fear. You’re suddenly facing mounting medical bills, lost wages from missed work, and the daunting cost of vehicle repairs. The central question pounding in your head is simple yet overwhelming: how will you pay for all of this, and how much will the insurance company actually pay out? What if the other driver was drunk, high, or texting? What if they blame you? As the victim of a car crash in Texas, the total compensation you receive for your injuries and damages hinges on a complex web of factors, legal rules, and strategic decisions. At Attorney911, we’ve been the Legal Emergency Lawyers™ for Texans in your exact situation for over two decades. Founding attorney Ralph Manginello, with 25+ years of experience and admission to the U.S. District Court for the Southern District of Texas, has built a firm that doesn’t just handle cases—we fight for maximum recoveries, with a team that includes a former insurance defense attorney who knows the enemy’s playbook. This comprehensive guide will walk you through every step, from the moment of impact to securing the settlement you deserve. If you have questions, call our legal emergency line at 1-888-ATTY-911.
Immediate Actions: Securing the Scene and Your Future Claim
The transcript makes a critical point: sometimes you have to prove the accident was not your fault. The other driver’s insurance company and their attorneys will immediately begin building a case to shift blame onto you. Your actions in the first hours are evidence. As Ralph Manginello emphasizes, you must always:
- Call the Police: A Texas Peace Officer’s crash report (CR-3) is a foundational document. It creates an official record of the incident, includes the officer’s initial assessment of fault, and documents citations issued. Under the Texas Transportation Code, you are required to report accidents involving injury, death, or significant property damage.
- Take Photos and Gather Information: Use your phone to photograph vehicle damage from all angles, skid marks, traffic signs, road conditions, and visible injuries. Get the other driver’s name, address, phone number, insurance company, policy number, and license plate. Collect contact information for any witnesses—their unbiased accounts can be invaluable later.
- Contact Your Insurance Company: You have a contractual duty to report the accident to your own insurer, but be cautious. Provide only basic facts: date, time, location, and vehicles involved. Do not speculate about fault or the extent of your injuries.
- Contact a Personal Injury Lawyer Immediately: This is your legal emergency. An experienced personal injury trial lawyer can start preserving evidence, guide your communication with insurers, and protect your rights from day one. As client Jamin Marroquin testified about Ralph Manginello: “He guided me through the whole process with great expertise…tenacious, accessible, and determined.” Call 1-888-ATTY-911 for immediate help.
Why is this so urgent? Evidence disappears quickly in Houston and across Texas. Surveillance footage from nearby businesses is typically overwritten in 7 to 30 days. Witness memories fade. The insurance adjuster for the at-fault driver may contact you within hours, offering a “quick settlement” or asking for a “brief recorded statement.” This is a trap. They are trained to ask questions designed to minimize your claim or elicit statements they can use to allege comparative fault. Having Attorney911 in your corner from the start means we handle these communications, shielding you from tactics designed to undermine your recovery.
Texas is a “Fault” State: What That Means for Your Compensation
As noted in the transcript, Texas is a fault state (also known as a “tort” state) for car accidents. This is governed by Texas common law and statutes. The legal principle is straightforward: the driver who is judged to be most responsible for causing the crash is financially liable for the victims’ damages. This liability is typically covered by that driver’s auto insurance policy, or, if coverage is insufficient, from their personal assets.
The critical nuance for Texas victims is the doctrine of modified comparative fault (Texas Civil Practice & Remedies Code § 33.001). If you are found to be partially at fault for the accident, your total compensation is reduced by your percentage of responsibility. However, if you are found to be 51% or more at fault, you are barred from recovering any compensation. This is why the other driver’s insurer will aggressively look for ways to assign blame to you. The driver less responsible generally won’t use their own insurance for others’ injuries—unless they were partially at fault, or the more at-fault driver was uninsured or underinsured. This complex interplay of fault and coverage is where having a seasoned Houston car accident attorney like Ralph Manginello is non-negotiable. We conduct independent investigations, reconstruct accidents, and combat false allegations of fault to protect your right to recover.
How Much Will the Insurance Company Pay? The Truth About Policy Limits and Lowball Offers
Texas Minimum Coverage Requirements
The transcript correctly states Texas drivers must carry minimum liability coverage, often called 30/60/25 coverage (Texas Transportation Code § 601.072):
- $30,000 for bodily injury per person.
- $60,000 total for bodily injury per accident.
- $25,000 for property damage per accident.
These minimums are shockingly low, especially for serious accidents in a major metro like Houston. A single night in a trauma center can exhaust the $30,000 per-person limit. This is where the transcript’s next point is vital: your potential recovery is not necessarily limited to the at-fault driver’s policy. We explore other sources, including the driver’s personal assets, umbrella policies, and claims against third parties (like a bar that overserved a drunk driver under Texas’s dram shop law).
The Insurance Company’s First Offer is a Trap
The transcript warns: “The responsible driver’s insurance company will usually try to lowball you.” This isn’t speculation; it’s standard operating procedure. Insurance companies are for-profit corporations. Their adjusters use software like Colossus to assign a value to your claim, and their initial offer is designed to close the file quickly and cheaply. They bank on your desperation, pain, and lack of legal knowledge.
This is where Attorney911’s unique advantage comes into play. Associate attorney Lupe Peña spent years working at a national defense firm, learning firsthand how these large insurance companies value claims, set reserves, and deploy delay tactics. Lupe’s insider knowledge is now your weapon. He knows which independent medical examiner (IME) they’ll hire to downplay your injuries, how they’ll interpret gaps in treatment, and what settlement authority the adjuster really has. We don’t accept lowball offers. We build compelling, evidence-based demands that force insurers to pay the true value of your claim. As client Donald Wilcox discovered after another firm rejected his case: “I got a call from Manginello…I got a call to come pick up this handsome check.” Do not accept any offer or sign any document without consulting us. Call 1-888-ATTY-911 for a free claim evaluation.
Can I Sue the Other Driver? Understanding Economic, Non-Economic, and Punitive Damages
Yes, you can sue the at-fault driver. A lawsuit is often necessary to secure full compensation when insurance negotiations fail. If you were injured by a careless or reckless driver, Texas law allows you to seek multiple categories of damages, which the transcript outlines.
Economic Damages (Tangible Financial Losses)
- Medical Expenses: Past and future hospital bills, surgeries, doctor visits, physical therapy, prescriptions, and medical equipment.
- Lost Income/Wages: Earnings lost while recovering, including lost future earning capacity if your injuries are permanent.
- Property Damage: Cost to repair or replace your vehicle, plus towing and storage fees.
We meticulously document these losses. For future costs, we work with economists and life care planners to project the lifetime impact of catastrophic injuries, as we did in our multi-million dollar settlement for a client who suffered a brain injury and vision loss when a log dropped on him at a logging company.
Non-Economic Damages (Intangible Losses)
- Pain and Suffering: Physical pain and mental anguish, past, present, and future.
- Mental Anguish and Emotional Distress: Anxiety, depression, PTSD, and sleep disorders stemming from the accident.
- Loss of Enjoyment of Life: Inability to enjoy hobbies, activities, and daily life.
- Disfigurement: Compensation for permanent scarring or disfigurement.
- Loss of Consortium: Damages for the impact on your relationship with your spouse.
Insurance companies fiercely contest these damages. We use diaries, psychological evaluations, and testimony from family and friends to give the jury a full picture of your suffering.
Punitive Damages and Attorney’s Fees
In cases involving gross negligence or intentional misconduct (e.g., drunk driving, street racing), Texas law (Texas Civil Practice & Remedies Code § 41.003) may allow punitive damages to punish the defendant and deter similar conduct. In some circumstances, attorney’s fees may also be recoverable. These are complex legal arguments that require a lawyer with trial experience. Ralph Manginello’s background in federal court and high-stakes litigation, like the BP Texas City explosion cases, means we are prepared to pursue every available avenue for compensation.
The Road to Maximum Compensation: A Step-by-Step Guide
The transcript’s short answer is correct: hire the best personal injury lawyer you can. But let’s expand on the crucial steps you must take to build an unbeatable case.
1. Seek Immediate Medical Attention
Go to the ER or an urgent care center immediately, even if you “feel fine.” Adrenaline can mask serious injuries like whiplash, concussions, or internal bleeding. This medical visit creates the first link in a documented chain of care, which is essential for proving your injuries were caused by the accident. As client Kiimarii Yup learned, “I lost everything… my car was at a total loss and because of Attorney Manginello… I have gained so much in return.” That recovery starts with medical documentation.
2. Follow Up with a Treating Doctor and Follow All Orders
See your primary care doctor or a specialist within a few days. Gaps in treatment are the insurance company’s favorite weapon. They will argue, “If you were really hurt, you would have kept seeing the doctor.” If your doctor orders physical therapy, MRIs, or specialist referrals, you must attend. Non-compliance gives the insurer an excuse to deny your claim.
3. Meticulously Document Everything
Keep a detailed journal of your pain levels, symptoms, and how the injuries affect your daily life. Save every receipt: medical bills, pharmacy costs, Uber rides to appointments, and home care services. Document lost wages with pay stubs and employer letters. This organized record becomes the foundation of your economic damage calculation.
4. Let Your Attorney Handle the Insurance Company
Once you hire Attorney911, we take over all communication. We protect you from giving recorded statements that can be twisted. We respond to requests for information with precision, providing only what is necessary to advance your claim while safeguarding your privacy. Our firm includes a former insurance defense attorney—we know their tactics because Lupe used them. We anticipate their moves and counter them effectively.
These steps, combined with aggressive legal advocacy, are how we achieve results like the multi-million dollar settlement for a client whose car accident leg injury led to a life-altering partial amputation after staff infection. Your path to maximum recovery begins with a call to 1-888-ATTY-911.
Why You Need a Texas Car Accident Lawyer Near You: The Attorney911 Difference
If you’re injured in a car accident in Houston, Austin, Beaumont, or anywhere in Texas, you need local legal counsel with deep roots and proven results. Here’s why Attorney911 stands apart from settlement mills and generic law firms.
Decades of Experience and a Record of Multi-Million Dollar Results
Ralph Manginello isn’t just a lawyer; he’s a seasoned litigator with 25+ years in Texas courtrooms. He’s admitted to the U.S. District Court for the Southern District of Texas and was involved in the massive BP Texas City explosion litigation—taking on billion-dollar corporations. Our results speak for themselves: from trucking wrongful death cases recovering millions to significant maritime injury settlements. We prepare every case as if it’s going to trial because that’s how you force fair settlements.
The Insider Advantage: A Former Insurance Defense Attorney on Your Side
This is our biggest competitive edge. Lupe Peña didn’t just switch sides; he brought the insurance company’s playbook with him. He knows how they value pain and suffering, which doctors they hire for “independent” exams, and how they manipulate the comparative fault system. As Lupe explains: “I’ve reviewed hundreds of surveillance videos… They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling.” With Lupe on your team, you have an unfair advantage.
Client-Centered Service That Feels Like Family
Read our 251+ Google reviews (4.9 stars). Clients like Chad Harris say, “You are FAMILY to them.” Paralegal Leonor (mentioned in 80+ reviews) is renowned for her communication and dedication, as Stephanie Hernandez shared: “She took all the weight of my worries off my shoulders.” We are bilingual (Hablamos Español), with staff like Zulema ensuring Spanish-speaking clients are fully understood. We serve Houston, Austin, and the Golden Triangle (Beaumont) because we are Texans helping Texans.
No Fee Unless We Win Your Case
We work on a contingency fee basis (33.33% before trial, 40% if a trial is necessary). You pay nothing upfront, and we cover all case costs. We only get paid when we recover money for you. This aligns our interests completely with yours. There is no financial risk to you to seek the best help available.
Whether you’re a driver, passenger, pedestrian, or cyclist hurt in a crash, don’t face the insurance company alone. Schedule a free, no-obligation consultation with our Legal Emergency Lawyers™. Houston’s own Trae Tha Truth has recommended our firm—a testament to our reputation in the community. Let us hear your story. Email us or call 1-888-ATTY-911 right now. Your recovery is our mission.
Frequently Asked Questions About Car Accident Claims in Texas
How long do I have to file a car accident lawsuit in Texas?
Texas has a two-year statute of limitations for personal injury claims (Texas Civil Practice & Remedies Code § 16.003). You have exactly two years from the date of the accident to file a lawsuit, or you lose your right to sue forever. However, the investigation and negotiation process should begin immediately, as evidence deteriorates quickly.
What if the other driver has no insurance or not enough insurance?
You can file a claim under your own policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage if you have it. We can also investigate other potential defendants, such as employers (if the driver was working) or property owners. Our firm has successfully navigated these complex scenarios to recover compensation for our clients.
Will my case go to trial?
Most cases (over 95%) settle before trial through skilled negotiation or mediation. However, insurance companies only offer fair value when they know your lawyer is fully prepared and willing to go to trial. At Attorney911, we prepare every case from day one as if it will be tried before a Texas jury. This readiness is what gives our settlements their weight.
How much is my pain and suffering worth?
There is no formula. Value depends on the severity and permanency of your injuries, their impact on your life, the clarity of liability, and the skill of your attorney. Insurance companies use software that undervalues human suffering. We counter with compelling evidence, including medical testimony, personal journals, and expert witnesses, to argue for full and fair compensation.
Can I still recover money if I was partly at fault for the accident?
Yes, under Texas’s modified comparative fault rule, as long as you are less than 51% responsible. Your total damages will be reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $100,000, you can recover $80,000. We aggressively fight against exaggerated allegations of fault to protect your recovery.
What should I do if the insurance adjuster is calling me?
Be polite but decline to give a statement. Tell them you are seeking medical treatment and have hired an attorney. Then, call us immediately at 1-888-ATTY-911. We will contact the adjuster on your behalf and manage all further communications. Your words can be used against you; let us be your voice.
Navigating a car accident claim in Texas is a legal minefield. You don’t have to walk through it alone. With Attorney911, you have a team of dedicated, experienced, and aggressive Legal Emergency Lawyers™ who will fight tirelessly for you. From our Houston headquarters to serving clients in Austin and Beaumont, we are committed to getting you the maximum possible compensation. Contact us today. Call 1-888-ATTY-911 or visit attorney911.com. Your first consultation is free, and we are available 24/7 for your legal emergency.
Frequently Asked Questions
How much will the insurance company pay me after a car accident in Texas?
It varies, but Texas requires minimum 30/60/25 coverage. However, your recovery isn’t limited to policy limits. Insurance companies often lowball initial offers. An experienced attorney like those at Attorney911 can fight for the full value of your claim, exploring all sources of compensation.
Can I sue the other driver after a car accident in Texas?
Yes, if the other driver was careless or reckless. You may sue for economic damages (medical bills, lost wages), non-economic damages (pain and suffering), and potentially punitive damages. A lawsuit is often necessary to secure full compensation when negotiations fail.
What should I do immediately after a car accident to protect my claim?
Call the police, take photos of the scene and damage, gather witness information, seek immediate medical attention even if you feel fine, and contact a personal injury lawyer before speaking to any insurance adjusters. Evidence disappears quickly in Texas.
Do I need a lawyer for a car accident claim in Texas?
Absolutely. Insurance companies have teams of adjusters and lawyers working to minimize your claim. Having an experienced Texas car accident attorney levels the playing field. At Attorney911, we have a former insurance defense attorney who knows their tactics, and we work on contingency—no fee unless we win.
What if the other driver says the accident was my fault?
Texas uses a modified comparative fault system. You can still recover damages if you are less than 51% at fault, but your award is reduced by your percentage of blame. It’s crucial to have an attorney like Ralph Manginello investigate and defend against false allegations to protect your right to compensation.
How long do I have to file a car accident lawsuit in Texas?
Texas has a strict two-year statute of limitations (Texas Civil Practice & Remedies Code § 16.003). You must file a lawsuit within two years of the accident date or lose your right forever. However, you should consult an attorney immediately to begin preserving evidence and building your case.
