Odessa Car Accident Lawyer
Car accidents account for the majority of traffic accidents injuries and accidental deaths in the Odessa area. In most car accidents determining which driver was at fault, and thus responsible for the consequences of an accident, is a case of “letting the facts speak for themselves.” However, an experienced car accident injury lawyer can often uncover additional facts that can substantially increase the amount of the accident injury settlement.
In today’s post the car accident injury lawyer at The Doan Law Firm will explain how an experienced car accident injury lawyer can help Odessa accident victims receive a fair settlement of their car accident injury case.
As discussed in a previous post, at The Doan Law Firm we have noted that many police accident investigations are geared toward determining if local or state traffic laws were violated. This means that mechanical failure, temporary visibility changes, or roadway maintenance problems may not be mentioned on the “official” accident report.
At The Doan Law Firm our car accident investigation begins with the original accident report and may be expanded to include locating additional witnesses, accident reconstruction, mechanical testing and hiring expert witnesses to interpret the additional evidence gathered during our accident investigation.
Located at the intersection of Interstate-30 and US-385, Odessa sees its share of commercial truck traffic. Fortunately, accidents involving “big rig” commercial trucking are relatively uncommon in comparison to automobile accidents. However, when a commercial truck accident occurs, it is far more likely to lead to more result in multiple accident victims, more serious injuries, and greater property losses.
Although no two commercial trucking accidents are the same, in our experience the majority of commercial trucking accidents can be traced back to either driver error or inadequate vehicle maintenance. In either case, the truck driver and/or the truck’s owner could be found negligent by a court and ordered to pay damages to the accident victim.
In Texas, a driver with a blood alcohol level of 0.08 or greater can be convicted of Driving While Impaired (DWI). Further, the courts view DWI as evidence of a deliberate indifference to the safety of others and, if a driver is convicted on such a charge, that conviction is all that is required to prove negligence on the part of the driver in case of an accident.
In addition to the impaired driver, in some cases it may be possible to sue the business that sold the driver alcohol by invoking Texas’ Dram Shop Law. Under this law, if a bar or business sells alcohol to a customer that is obviously intoxicated, or to a customer who should have been suspected of being intoxicated, that business can be found liable for any damages caused by the impaired driver. This is a very complex area of the law and must be addressed by a lawyer with experience in personal injury and car accident law.
Following a car accident, you will probably be contacted by someone from the other driver’s insurance carrier. In most cases, this individual will be an insurance adjuster whose primary job is limit the amount of money his or her employer will have to pay in order to settle your injury claim. Despite what the insurance industry would have you believe, there is no law requiring you to talk with a representative of an insurance carrier following a car accident!
If you are already being represented by a lawyer, you need only inform the adjuster/representative that any information desired can be obtained from your lawyer. If you are not being represented by a lawyer, you should reply that you are considering obtaining legal advice and that you will be happy to answer any questions after you have talked with a lawyer.
Regardless of the circumstances of your car accident injury, if you are to receive a fair settlement of your injury claim you will need the assistance of an experienced car accident injury lawyer. In the Odessa area, one such lawyer is the car accident injury lawyer at The Doan Law Firm.
When you contact our firm to arrange a free review of the facts in your car accident injury case and your first consultation with our car accident injury lawyer, your case review and consultation are always free of any charges and do not obligate you to hiring us as your legal representative. Should you later decide to file a lawsuit over your car accident injury, and that you would like for us to represent you in court, we are willing to assume full responsibility for all aspects of preparing your case for trial in exchange for a percentage of the final settlement that we are prepared to win for you.
The Doan Law Firm
4500 W Illinois Suite 203
Midland, Texas 79703
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