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It’s almost impossible to pick up a copy of the Reporter-Telegram without reading a story documenting the latest Midland car accident tragedy.
This should not be surprising since, according to publicly-available data taken from the Texas Department of Public Safety web site, in 2017 Midland/Midland County experienced:
On this page the Midland automobile accident lawyer at The Doan Law Firm explains some of the legal avenues that may be available to car accident victims and how an experienced Midland car accident lawyer can help those injured in such accidents secure the full amount of compensation due them following an accident.
The Doan Law Firm provides unfailing legal support to victims of personal injury matters. We know how challenging it can be to know who is at fault and what they should pay you for the life-changing losses you have. We have over two decades of experience and have recovered billions of dollars for our clients because we believe in fighting fiercely for each individual.
When you choose The Doan Law Firm, you gain a legal team that gets to know you and provides personalized legal support to you. We listen to what happened, gather as much evidence as possible, and then work aggressively to protect your rights against insurance companies. We get the results you need so you can move forward. Let us handle the insurance companies while you work on healing.
Jimmy Doan is a longtime resident of Houston and the founding attorney of The Doan Law Firm. He brings more than two decades of experience as an attorney and a decade of experience as a Sheriff’s Deputy to his current role. His background in law enforcement and considerable experience as an attorney make him a formidable force in the Texas legal industry.
As an accident attorney, Jimmy brings excellent communication skills, a meticulous investigative approach, and a tireless pursuit of justice to every case he takes on. His goal is to win big for you!
After a car accident, your focus must be on your health and well-being. To achieve that, turn to our Midland car accident attorney for guidance throughout the process. As soon as you contact us, we go to work for you in numerous ways:
Our extensive knowledge of state and federal laws enables your Midland car accident attorney to pursue every avenue possible for recovery of your damages. With so much on the line, and aggressive insurance companies trying to limit your recovery, you need a trusted legal professional to advocate for you.
One of the most important resources we provide to our clients is the ability to uncover evidence that clearly defines negligence. To do that, we must prove that all four of the following elements apply:
Your Midland car accident attorney will gather critical evidence in your case to prove these elements. Doing so makes it hard for the insurance company to deny your claim.
The value of your Midland car accident case depends on multiple factors, including:
Keep in mind that under Texas Civil Practice and Remedies Code Section 33.001, your damages are reduced by any percentage of fault attributed to you. If you were more than 51% at fault for the accident, you cannot recover any losses. Trust our Midland car accident attorney to fight aggressively to lower this number if we cannot eliminate any fault.
Your personal injury claim should incorporate all types of financial, physical, and emotional losses you have as a result of the accident. In most car accidents, damages include economic and noneconomic.
Economic damages in a car accident often include:
Your non-economic damages will typically include:
We must demonstrate evidence to support every claim of losses you have. Your Midland car accident attorney will do this by gathering critical information from all medical providers and industry experts.
In Midland, as is the case in the rest of Texas, most automobile accidents are due to carelessness on the part of the driver responsible for causing the accident.
Some of the more commonly-identified causes of accidents are, in no particular order:
Note that each of the above could, at the investigating officer’s discretion, result in a criminal citation. The only exception is in cases of driving while impaired / under the influence, which should always lead to prosecution under Texas law. In fact, when DWI/DUI is a factor in an accident, it is sometimes possible to name the establishment where alcohol was purchased as a co-defendant in a lawsuit as explained below.
In colonial America and in pre-independence Texas, what we now call a “tavern” or a “bar” was then known as a “dram shop” after the measure by which alcohol was served. In modern times, a dram shop usually refers to any business where alcohol is sold by the drink or in premeasured packages.
Chapter 2 of the Texas Alcoholic Beverage Code contains the Texas laws regarding the liability of both retail sellers of alcoholic beverages and social hosts who provide alcohol to guests at private social functions.
Under Texas law, vendors who sell alcohol may be held liable for an injury caused by an intoxicated customer if:
A second part of the Alcoholic Beverage Code establishes the potential liability of those who serve free alcoholic beverages during private parties or similar social functions. In law, this is called “social host liability.”
In order for an adult social host to be held liable under Chapter 2 of the Texas Alcoholic Beverage Code, two conditions must be met:
While including an alcohol retailer or a social host as a defendant in an automobile accident injury case involving an alcohol-impaired driver maybe a good idea, the Texas legislature included a section in the Alcoholic Beverage Code that gives a retailer an “out” should they find themselves named in a personal injury lawsuit.
Under this “safe harbor” provision of state law, an alcohol retailer can claim immunity from a dram shop lawsuit if:
Unfortunately dram shop lawsuits are notoriously difficult to prove unless #3, above, can be documented. That being said, being difficult to prove is not the same as impossible to prove! Whether or not to name a retailer who served alcohol to a driver that later caused an accident should be discussed at length with your Midland personal injury lawyer.
When you are in a car accident, take action immediately to protect yourself and gather critical evidence to support your ability to recover damages. You should:
After this, contact our legal team. We can handle obtaining the police report, notifying your insurance company, and building your case. We will also help preserve all evidence in your case and document all ongoing losses you have incurred. Avoid signing anything or providing a written or recorded statement. Let your attorney guide you through that process instead to protect your rights.
If you were injured in an automobile accident, you have the legal right to demand compensation from the party responsible for your injuries. While there are some cases where you may be tempted to deal directly with the other driver’s insurance company, we strongly recommend that you should protect your legal rights by working with an experienced personal injury lawyer.
When you contact the Midland and Houston car accident lawyer at The Doan Law Firm to arrange a free, no obligation, review of your potential automobile accident personal injury case, your first consultation with our firm is exactly that: free of any charges and it does not mean that you must hire our firm as your legal counsel. If you should later decide to have us represent you in court, we are willing to assume full responsibility for all aspects of preparing your case for trial in exchange for an agreed-upon percentage of the final settlement that we will win for you. Our car and truck accident attorneys in Midland are prepared to fight for your rights to recover damages.
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