Midland Car Accident Lawyer
Put Over 150 Years of Combined Experience on Your Side
When you've been injured in a car crash, our Midland, TX car accident attorneys may be able to help you secure compensation. Devastating auto accidents caused by negligence result in thousands of injuries and deaths in Texas every year. They lead to billions in medical costs and other financial losses.
Accidents can leave individuals and families financially devastated, alongside the pain and emotional suffering. Don't pay the monetary price because of another driver's careless or reckless behavior. Our car accident lawyers in Midland are experienced professionals with a strong history of reviewing legal claims. We'll thoroughly review all the facts of your situation and advise whether you might have a legal claim against the party responsible.
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Common Types of Car Accidents in Midland
A car accident refers to a collision involving one or more vehicles. These accidents can vary in severity, resulting in damage, injuries, or even fatalities. Car accidents often happen due to human error, adverse weather conditions, mechanical failures, or road hazards.
Common types of car accidents include:
- Rear-End Collisions: These happen when one vehicle strikes the back of another, usually due to a failure to maintain a safe following distance.
- Head-On Collisions: This involves the front ends of two vehicles colliding, often resulting in serious injuries or fatalities.
- Side-Impact Collisions (T-Bone): Occur when the front of one vehicle collides with the side of another, common at intersections.
- Single-Vehicle Accidents: Involves only one vehicle and can result from driver error, adverse weather, or road hazards.
- Multi-Vehicle Pileups: Involves three or more vehicles, often occurring on highways or in low-visibility conditions like fog and heavy rain.
- Roll-Over Accidents: A roll-over occurs when a vehicle tips onto its side or roof, often due to high-speed turns or collisions.
- Hit and Run Accidents: The driver involved in an accident leaves the scene without identifying themselves or providing assistance.
- Parking Lot Accidents: Typically low-speed collisions in parking lots, commonly occurring when backing out of spaces.
- Intersection Accidents: Occur at intersections due to failure to yield, running red lights, or misjudging rights of way.
Examples of Negligence Causing Car Crashes
National and state data show that some of the most common reasons crashes occur include:
- Distracted Drivers: Texting and other cell phone use are major causes of distracted driving accidents. Drivers who eat, apply makeup, or otherwise divert their attention also contribute to crashes.
- Drunk or Drugged Drivers: Over 25% of all traffic deaths annually are caused by drunk and drugged drivers.
- Reckless Drivers: Speeding, tailgating, and aggressive driving behaviors cause many traffic accidents.
- Fatigued Drivers: Tired drivers have slower reaction times and may fall asleep at the wheel.
- Poor Roads & Weather: Roads with potholes and inclement weather, such as icy or snowy conditions.
Additional causes include inadequate signage or malfunctioning traffic lights. It's crucial for municipalities to maintain safe roads. If an accident occurs due to such issues, liability might extend beyond the negligent driver to include third parties responsible for road upkeep.
You deserve financial justice when you've been injured. If the other driver or entity hadn't been careless, your life wouldn't have been turned upside down. Regardless of how your accident happened and who caused it, we will work to hold the at-fault party accountable. Get reliable legal help when you need it most.
Texas Car Accident Laws
Texas follows a "fault" or "at-fault" system for car accidents, meaning the party at fault is responsible for covering damages. To succeed in a car accident claim in Texas, several key elements generally need to be established.
Here are common elements you may need to prove:
- Duty of Care: You must demonstrate that the at-fault party owed you a duty of care. In car accident cases, all drivers have a duty to operate their vehicles safely and follow traffic laws.
- Breach of Duty: You need to show that the at-fault party breached their duty of care. This could involve actions such as speeding, running a red light, or any other behavior that violates traffic laws.
- Causation: Establish a direct link between the at-fault party's breach of duty and the injuries or damages you suffered. You must demonstrate that the breach of duty was a proximate cause of the accident.
- Damages: Provide evidence of the damages you incurred due to the accident. Damages may include medical expenses, property damage, lost wages, pain and suffering, and other related costs.
Remember, Texas also applies a modified comparative fault rule. If you are found partially at fault, your compensation may be reduced proportionally. However, if you are deemed more than 50% at fault, you may not be eligible for compensation.
State law mandates that drivers report accidents resulting in injury, death, or damage exceeding $1,000 to the Texas Department of Transportation (TxDOT) within 10 days. The statute of limitations is typically two years from the accident date. Failing to file within this timeframe may result in losing the right to seek compensation.
Texas Car Accident Statistics
Annually, nearly 16,000 people sustain serious injuries in Texas from motor vehicle accidents, with approximately 3,600 fatalities, according to the Texas Department of Transportation. In Midland County, about 5,500 crashes occur yearly, with hundreds injured and dozens killed.
The annual cost of crash-related deaths in Texas is nearly $5 billion, as per statistics from the Centers for Disease Control and Prevention. Costs of non-fatal injuries further increase this figure. As data illustrates, if you've been seriously injured in a car crash, you're facing the possibility of high financial costs.
This is in addition to the physical and mental toll of your accident. If a negligent driver caused your accident, you shouldn't bear the cost of their careless behavior. Our skilled Midland, Texas car accident attorney can seek to prove liability and obtain the compensation you need for damages experienced.
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What Should You Do After a Midland Car Accident?
Following a car crash in Midland, TX, you will file a claim with the at-fault driver's insurance company. For minor accidents, handling this process yourself may make sense, but when injuries are involved, it's wise to have the help of a skillful car accident attorney. Auto accident attorneys who handle injury claims understand how to negotiate with aggressive insurance companies. Big insurers dislike settling claims, often offering low settlements to end the case quickly or even attempting to avoid payment entirely by employing high-priced attorneys.
By having our experienced Midland car accident attorney on your side, you'll have a much better chance of securing all the money you deserve. When negotiations with insurers aren't successful, we are fully prepared to stand up for our clients in court, striving to ensure they get the compensation needed for all they've endured.
Call our law firm at (432) 220-3331 if you've been injured in a Midland, TX car accident. Our car accident attorneys are here to help innocent victims get the compensation they deserve.
What Are Damages in a Car Accident Injury Claim?
Damages are the losses sought in a legal claim for personal injury.
Basic damages often claimed in car accident cases include payment for:
- Medical expenses, including doctor bills, hospital costs, physical therapy, and more
- Wages lost when you cannot work due to your injuries
- Reduced work capacity if you can't work anymore or can only work part-time or in a lower-paying job
- Pain and suffering for chronic pain and emotional trauma
- Punitive damages meant to punish at-fault parties for egregious negligence.
When calculating damages, it's essential to consider future expenses and losses. For instance, some injuries may require long-term rehabilitation, which should be factored into your compensation. Additionally, any necessary lifestyle modifications to accommodate disabilities resulting from the accident should be included in your claim.
Damages in Wrongful Death Claims in Midland
When someone dies due to a motor vehicle accident caused by negligence, their family members may wish to bring a wrongful death claim. A wrongful death claim is much like a car accident injury claim except that family members bring the claim on behalf of the deceased person. We know that no amount of money can ever make up for losing your loved one. However, it can help reduce the financial consequences of their death and lessen your stress and worry about making ends meet. It can also serve to bring some justice for your lost family member.
Who Is Eligible to File a Wrongful Death Claim After a Car Accident?
Spouses, children, and parents of those who die in negligent auto accidents can bring wrongful death claims.
Damages you may be able to ask for, depending on the circumstances, include:
- Funeral and burial costs
- Medical expenses from the accident
- Pain and suffering of the deceased
- Lost earnings if the person who died was a provider
- Lost inheritance
- Lost love, support, and companionship.
Who Can Be Held Liable in Car Accident Cases?
In negligent car accident cases, other drivers are most often at fault for injuries and death. But sometimes, other parties may also be responsible. Other parties who may be named in personal injury and wrongful death car accident claims, depending on the circumstances, include:
- Trucking Companies: Semi-truck crashes are common in the Midland area. Drivers involved in crashes may be pressured by their employers to work longer hours, resulting in fatigue and accidents. Additionally, improperly maintained trucks or overloaded trailers can lead to deadly wrecks.
- Makers of Defective Auto Parts: Component defects, such as brakes that fail or airbags that don't deploy, are serious issues. Vehicle manufacturers may also be liable for these malfunctions.
- Employers: If you were driving on work-related business in a company vehicle, your employer might share fault if the vehicle wasn't properly serviced or maintained, contributing to your accident.
- Government & Contractor Agencies: Agencies responsible for designing, maintaining, or repairing roadways may be liable if their actions or inaction led to an accident.
- Construction Companies: Those failing to implement safety precautions during road or highway work, resulting in dangerous conditions.
These are some examples of how other parties besides drivers may be liable. In some cases, multiple parties can be named in a legal claim. Our Midland, TX, car accident lawyers can examine the losses you've suffered because of your injuries or your family member's death and advise you on damages you can claim. The sooner you speak with one of our skilled attorneys, the sooner we can begin working to hold liable parties accountable.
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Injuries Commonly Sustained in Midland Car Accidents
Car accidents can result in a wide range of injuries, from minor bruises to life-altering conditions. The impact of a collision often dictates the severity of injuries sustained. Common injuries include:
- Whiplash: A common injury resulting from rear-end collisions, whiplash involves the rapid back-and-forth movement of the neck, leading to pain and stiffness.
- Broken Bones: Fractures are frequent in high-impact crashes, affecting arms, legs, ribs, and more.
- Head Injuries: These can range from mild concussions to severe traumatic brain injuries.
- Spinal Cord Injuries: Damage to the spinal cord can result in paralysis or significant mobility issues.
Victims of car accidents in Midland should seek immediate medical attention, even if injuries seem minor. Some conditions, like whiplash or concussions, might manifest symptoms days after the accident. Early medical evaluation can provide necessary evidence for any potential legal claims.
The Role of Insurance in Car Accident Claims
In the aftermath of a car accident, insurance plays a critical role in the recovery process. Texas law mandates that all drivers carry a minimum amount of car insurance to cover potential damages. This includes liability coverage for bodily injury and property damage.
Navigating the complexities of insurance claims can be daunting, especially when dealing with aggressive adjusters seeking to minimize payouts. Hiring a skilled auto accident lawyer in Midland can help ensure that you receive fair compensation that covers all your losses, including medical expenses, property repairs, and lost wages.
Midland residents should be aware of the unique challenges that might arise when multiple insurance policies are involved, such as in multi-vehicle pile-ups or when the at-fault driver is underinsured. An experienced legal team can provide guidance and representation to negotiate the best possible outcome for your claim.
Our FAQ
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How much is a car accident case worth?Every car accident case has a unique worth or value, which is largely based on the damages experienced by the plaintiff, how liability for the crash is distributed, and several other factors. We can’t promise that your case will have a specific worth, not when you first talk to us during a consultation. It will take an investigation and time to figure out the value of your claim and what we will seek through a demand letter. In some cases, we will not demand a specific amount until we have adequate information and evidence from your treating physician(s) as to your medical condition and the treatment and costs related to that treatment.
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Will I have to go to court to get compensation?You may or may not have to go to court to get compensation. Many car accident cases are settled through negotiations with insurance companies. If your case can be settled in this way before trial, then you won’t have to go to court. In some cases, insurers don’t provide fair settlement offers, or at-fault drivers or other parties who cause accidents try to deny responsibility. When these situations happen, the only way to possibly get compensation to pay for your medical bills and other losses is to file a lawsuit and go to court where a judge or jury will decide the outcome of the case. Our car accident attorneys in Midland are strong negotiators and assertive litigators. We will provide knowledgeable guidance that is in your best interests through every step in the legal process.
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How much is it to hire a car accident attorney?At Hanna Allen, PLLC, we offer our legal counsel to car accident clients through contingency fee agreements. Using a contingency fee agreement, you won’t have to pay any attorney fees unless we win the case, such as securing a settlement or award. Also, our contingency fees are set as a percentage of your total winnings, which keeps the payment system convenient. Combined with our free consultations, contingency fee agreements make hiring our lawyers for a Midland car accident claim highly affordable.
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How long does a car accident case take?From start to finish, a car accident case can take a varying amount of time depending on factors unique to it. Some cases involve straightforward, two-vehicle crashes in which the defendant admits fault. Others can be highly complicated with multiple drivers, contested liability, and life-changing injuries. The more complex the situation, the longer the case is likely to take. As a rough estimate, some cases might take six months to reach a settlement, but others could take longer than a year. If litigation is required, then it might be longer than two years before the court reaches a decision.
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How much is it to hire a car accident attorney?At Hanna Allen, PLLC, we offer our legal counsel to car accident clients through contingency fee agreements. Using a contingency fee agreement, you won’t have to pay any attorney fees unless we win the case, such as securing a settlement or award. Also, our contingency fees are set as a percentage of your total winnings, which keeps the payment system convenient. Combined with our free consultations, contingency fee agreements make hiring our lawyers for a Midland car accident claim highly affordable.
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When should I leave the scene of a car accident?You should stay at the scene of the car accident until everyone has had a chance to exchange contact and insurance information. If law enforcement officers have arrived on the scene, then you should only leave once they permit it. Of course, if you have been seriously injured, then you should leave the scene as soon as possible with paramedics.
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What do I do if the other driver was uninsured?You might still be able to file an injury claim if you were hit by an uninsured driver. Get their contact information and pass it on to your auto insurance provider and your attorney. Also, talk to your attorney about filing a first-party claim through your auto insurance provider by using uninsured motorist (UM) insurance.
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How long do I have to file an injury claim after a car accident in Texas?Texas uses a two-year statute of limitations for most car accident cases, which begins on the date of the car accident. If the statute of limitations ends and no injury claim has been filed, then no claim can be filed afterward. Please note that an injury claim is not the same as a car accident claim, which has a much shorter time to file, typically around 30 days.
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Will I get a good settlement offer from the auto insurance company?Auto insurance adjusters are trained to offer the lowest settlement that might look good enough to get the plaintiff to sign. If you are offered a settlement, then you should assume it isn’t enough based on your losses. Before you sign anything, let your attorney review it. The auto insurance company should give you at least a week or two to review before the settlement is rescinded.
The Opinions That Matter Most
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They assisted my loved one during an unbelievably difficult time, helped provide peace of mind while easing some of the stress.S.
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Highly recommend this law firm! We felt like they really cared and we were part of their family. Jeffery did a thorough job of explaining in terms we could understand.Cie K.
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Mr. Hanna worked long hours, spent countless days preparing for settlements and trials. His compassion for the law and his clients is far better than anything I could have expected or wanted.Justin D.
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Great people! They go above and beyond and have helped my family and I more times than I can count. Highly recommended!Laura M.
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Took really good care of us in a professional manner. I’m very pleased with the results and would recommend to anyone.Heaven R.
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I had always heard great things about Hanna Allen, and after Meeting Mr. Hanna I too was very pleased with the way he showed me respect and compassion.Shawn F.