Midland Car Accident Attorney

Out of the over 29 million Texas residents, over 17 million have driver’s licenses, according to 2020 statistics published by the Federal Highway Administration. No matter where you live and no matter where you might be driving to, you’ll be sharing the road with dozens, if not hundreds, of SUVs, pickups, sedans, vans, buses, tractor-trailers, 18-wheelers, and other vehicles.

While you might be a responsible driver, you cannot control how the drivers of those other vehicles will react. A wrong lane change or race through a red light can have devastating consequences in a fraction of a second. With those scenarios, you might need the support and counsel of an experienced Midland car accident lawyer.

The attorneys at Barrera Law Group LLC understand the nature of these types of accidents. We have the skills and teams of investigative experts who can help build a strong case in support of your claim. You’ll be able to get a lot of your questions answered during your first free consultation. So, reach out to schedule one now.

How Often Do West Texas Motor Vehicle Collisions Happen?

The Texas Department of Transportation (TDOT) collects data about car accidents across the state. The good news is that there is a decrease in the number of fatalities decreased from 4,407 deaths in 2022 to 4,283 in 2023. Unfortunately, even with that decrease, the TDOT found the following alarming statistics:

• One person was killed every 2 hours
• One person was injured every 2 minutes
• One reportable crash occurred every 56 seconds

What Kind of Car Crash Were You Involved In?

Even though the personal results of every car accident are different, there are some commonalities to disseminate as part of your claim. That begins with understanding the type of accident you were involved in. Which of the following car accidents were you involved in?

Rear-End Accidents

A rear-end collision is often the result of distracted driving. It only takes a second for a driver to take their eyes off the road and not realize the car in front of them has come to a complete stop. Rear-end collisions can also happen when the driver is drowsy or driving under the influence of alcohol. Although these accidents don’t typically result in a car being totaled, they can cause severe injuries to the drivers and passengers, such as whiplash or broken bones.

Head-On Collisions

Although a head-on collision is not as common as other types of accidents, it can be the most dangerous because of the force of impact. Head-on collisions often happen when one motorist drifts across the lane into oncoming traffic. They can often lead to traumatic brain injuries and spinal cord damage.

Side-Impact Crashes

A side-impact collision happens when one car slams into another vehicle at a perpendicular angle, also known as a T-bone accident. These types of collisions can cause severe injuries to the passenger or driver who takes the full force of the impact. These types of accidents often occur at intersections where the at-fault driver races through a red light or blows past a stop sign. Traffic surveillance cameras can provide evidence in support of who is the at-fault driver in a side-impact collision.

Sideswipe Accidents

Sideswipe accidents happen when two or more vehicles drive parallel to each other. One of the vehicles crosses the lane and collides with the other car. That impact can also push the struck vehicle into another vehicle, setting off a chain reaction of collisions. Some of the common injuries in a sideswipe accident are whiplash, broken bones, internal organ damage, and head injuries.

Single-Vehicle Wrecks

In a single-vehicle accident, a driver will get into a crash with something in its path but not another vehicle. That could mean crashing into debris on the road or cargo that has fallen off a truck or an animal. The car in a single-vehicle accident can involve colliding with a light pole, guard rail, or other type of property. Even though only one vehicle is involved in the accident, the driver is not automatically at fault.

For instance, a driver could serve to avoid an oncoming car that is driving in the wrong lane. In that case, the other driver could be held at fault for their reckless actions.

Multi-Vehicle Accidents

A multi-vehicle accident is classified as any collision involving three or more vehicles. These types of accidents can often start as a rear-end collision that forces cars into each other in a chain-reaction. Determining fault in these types of accidents can be challenging. For instance, if you were the last car in the “chain,” you could find that more than one car was at fault for your damages and injuries.

Rollovers

A rollover accident can help from a wide range of unfortunate circumstances. The force of a car flipping over and rolling several times can result in catastrophic injuries for anyone in the vehicle. These accidents can happen if a car is struck by a truck or is pushed over onto a shoulder.

Blind Spot Crashes

Every type of vehicle has a blind spot that impacts lane changes or merging. Truck drivers have an even bigger blind spot because of the size of their rig. If drivers don’t check their blind spots, they can collide with approaching vehicles. Smaller cars and motorcycles are especially vulnerable to this type of accident.

Evidence a Midland Car Accident Lawyer Collects To Prove Your Case

Once it has been established what type of accident you’ve been involved in, it is important to gather the proper evidence in support of your claim. Your Midland car accident attorney will know the right evidence and where to obtain it. The following is some of the vital evidence you need to establish your version of the accident.

The Police Report

If the police respond to your accident, they will generate a crash report. While anyone involved in the accident can obtain a crash report from the Midland Police Department, your lawyer will be in the best position to interpret the findings in that report. Those details can provide a lot of information that could be used in your accident claim. That is especially true if the at-fault driver was cited for reckless driving.

Your Narrative of What Happened

You will provide the primary statement or affidavit of what happened. That will serve as the foundation of your claim. In addition to the details of the accident, you will also provide details of your injuries and property damage. It is essential to explain how the accident has impacted your daily life.

Witness Statements

If there were witnesses to the accident, your Midland car accident lawyer will have to provide a statement that further supports your version of events. If the claim goes to a trial, your attorney will ensure they will be fully prepared to testify.

Video and Photos

Modern technology has added benefits in determining the circumstances around an accident. Your lawyer will collect all the relevant dam cam, traffic surveillance, cell phone footage, and photos. An expert can use those elements to help reconstruct your accident and prove that your version of what happened is the only true version.

Your Medical Records

Your medical records that describe the impact of your injuries are also a crucial piece of evidence that your lawyer will collect. These records will detail your initial diagnosis, treatment and recovery progress. They can also include documentation from physical therapists and mental health counselors that are part of your healing.

When gathering different types of evidence from multiple sources, it is vital to keep everything organized and accessible. You can rely on the Barrera Law Group LLC team to keep every important piece of documentation related to your claim in order.

Steps For Filing a Claim in a Midland, Texas Car Accident

If you’ve been involved in any type of car accident in Midland, you will be dealing with a lot between your injuries and car damage. It is crucial that you understand the process for filing a claim. That begins with the Texas statute of limitations, which is two years. That means you have two years from the day of your accident to file your claim. Even if the entire process for a settlement takes longer, you still need to fill within that two-year time limit.

These are the steps involved in filing your claim to seek a remedy for your Midland car accident:

Report the Collision

You need to report your accident to the police and your insurance company. Calling the police is an obvious step. Any police officer responding to the scene must file a report if there are any injuries, fatalities, or damages over $1,000. Additionally, you might be obligated to file the report with your insurance company. That initial acknowledgment of the accident is not the same as a claim. However, your insurance carrier needs to know if you are filing against the at-fault driver’s insurance company for car repairs.

There might also be a situation where the other driver will attempt to hold you partially to blame for the accident. They might file a claim against your insurance carrier. That means you don’t want to catch them off guard.

Seek Medical Care

Immediately after an accident, you could be shaken up but feel physically fine. However, that doesn’t mean you haven’t been injured. Several types of injuries, such as whiplash or complications with internal injuries, might not have symptoms that manifest until several hours or days after an accident. It is important to seek medical care after your accident.

You can describe the accident to your doctor and the point of impact on your body. That is where they will focus their attention to determine if there are injuries to deal with. This first visit will also generate your initial medical reports, which will be an essential part of your claim-filing process.

Talk to an Attorney

At this point, it will be helpful to talk to an attorney like Barrera Law Group, LLC. We can guide you on the best way to proceed and which insurance company you should file your claim to. You must understand the scope of your accident claim and what would potentially be at stake for your compensation.

File An Insurance Claim

You will need to file an official insurance with the appropriate carrier. Once that happens, they will be obligated to acknowledge receipt of your claim and begin their own investigation. That investigation will certainly involve contacting you to get your version of events. They are well within their rights to do that, just as you’re within your rights to have your attorney present during the interview.

Your lawyer will take over the communications with the insurance company at that point.

Enter into Settlement Negotiations

The only reason a Midland car accident attorney would take your case is if they felt they could be successful in helping you achieve a positive outcome. That could come in the form of a settlement with the insurance company. Some accidents have some very obvious at-fault parties who are represented by an insurance carrier. The extent of a car accident victim’s injuries will also be evident. In those cases, it is a matter of generating a number of economic and noneconomic damages.

When you agree to the number with your accident attorney, it will be presented to the insurance company as a demand letter. That will trigger a round of negotiations. It will always be in the insurance company’s best interest to settle a case and close the claim. However, if they dispute some of the facts in the case or dispute the extent of your injuries, they might not agree to the damages number. At that point, your attorney could recommend taking the claim to the next level, which is a civil lawsuit.

Pursuing a Civil Lawsuit

Filing a complaint in a civil lawsuit puts another set of steps into motion. The at-fault party and their insurance company will be named as defendants in the lawsuit. Our legal team has a lot of experience in civil court. We will know how to present the evidence, question witnesses, and provide expert testimony to support your claim. At any point in this process, the insurance company or at-fault party could decide to settle with an acceptable offer. They stand to lose more when a jury rules in your favor.

Damages Recoverable in Midland County Car Wreck Cases

As hinted at above, you may be entitled to two different types of damages stemming from your auto accident. Those include:

Economic Damages

Examples of these tangible expenses you sustain because of your involvement in the crash include:

• All medical bills for doctor visits, tests, surgery (if applicable), hospital stays, prescription medications and medical supplies
• Rental car fees if you lost the use of your car
• Car damage repair or replacement costs
• Lost wages
• Future earning potential

Noneconomic Damages

This category includes all the other losses associated with the accident that might not involve a bill. Those damages can include the following:

• Pain and suffering
• Mental anguish
• Scars or disfigurement
• Loss of consortium
• Diminished quality of life

Find the Right Help With Barrera Law Group LLC

Texas operates under a proportionate responsibility doctrine. That means you could be held accountable for a portion of the accident. However, even if some blame is assigned to your actions, you would still be entitled to achieve a portion of the final settlement. For instance, you could be found to be 20% at fault in the accident. You would only get 80% of the final settlement offer in that scenario.

Our attorneys are extremely familiar with this doctrine. We know how to defend against accusations of partial fault and will always strive to ensure that our clients receive the maximum benefits for their compensation.

All of the support we offer begins with a free case consultation with a Midland car accident lawyer on our team. This talk will give you an opportunity to tell us what happened in your accident. We’ll evaluate what happened and answer all your questions. If we decide to move forward, we’ll formalize the agreement, and the work begins. Don’t hesitate to give us a call to schedule your case evaluation.