According to the Texas Department of Transportation (TxDOT), there are 483,641 registered vehicles in the Odessa District of Texas. With so many motor vehicles being on roads in and around Odessa, it is imperative for any person suffering injuries in any kind of crash to quickly contact an Odessa car accident lawyer to get assistance recovering all of the financial compensation that may be available for covering all of the many costs victims must deal with after car crashes.The most recent TxDOT statistics show that Odessa had 11 fatal crashes causing 15 fatalities, 43 suspected serious crashes causing 51 serious injuries, 314 possibly injury crashes causing 464 possible injuries, and 128 unknown severity crashes causing 274 unknown injuries for a total of 2,597 total crashes. The National Safety Council (NSC) also reports that the 350 deaths in Texas traffic crashes were a 16.7 percent increase from the year before.

When Should You Hire a Car Accident Lawyer?

If You Were Injured in the Accident

If you were injured due to the accident, calling a car accident lawyer is a great place to start. Your injury is going to result in medical bills that a lawyer can ensure are taken care of for you by the other party. There is nothing to lose by reaching out to a car accident lawyer right away.

If the Insurance Company Is Being Difficult

Is the insurance company being dodgy? Someone who doesn’t know how to handle the legal team from an insurance company is going to get chewed up and spit back out by them (even statistics support this). Insurance companies rush to dangle a very low settlement figure in front of you early on, hoping you’ll be desperate and naive enough to accept it. You need a pro in your corner to push back for you.  

If You Suspect Foul Play

Is there a glaring discrepancy in the insurance company’s case? Is something missing from the police report? Is there a third party who also needs to be held responsible (a tire manufacturer or the city’s roadway maintenance crew)? If you are experiencing any of these red flag issues, call a lawyer and find out your options as soon as possible.  

Common Kinds of Car Accidents in Texas

Every single car crash in Odessa is going to be different from any other accident, and each hit has its own unique people, vehicles, and factors involved. Drivers and vehicle occupants can sustain injuries in a wide variety of possible accidents.Multiple-vehicle accidents are incredibly common occurrences because it is very easy for any crash to involve several different types of cars, and negligence may be difficult to determine in such cases when multiple drivers could have competing versions of events. Single-vehicle accidents are also fairly common, and people should not assume that they do not have any legal recourse when they are involved in an accident that did not happen with any other motor vehicle.Left or right turn accidents are another common kind of accident because many people are not properly cautious when performing certain turns, and left turns can usually be more devastating when drivers do not properly wait for adequate clearance to perform left turns. However, right turns can still cause serious injuries in other cases. Lane change or merging accidents are another very frequent kind of car accident because many drivers fail to check blind spots or are otherwise negligent when they are trying to get into certain traffic lanes, and it is easy for collisions to occur in these instances.Other common types of car accidents could include:

• Fatal Car Crashes
• Hit and Run Accidents
• Low-Speed Car Accidents
• Uninsured or Underinsured Accidents
• Uber, Lyft, or Rideshare Accidents
• Work Zone or Highway Construction Crashes
• Head-On Collisions
• Rear-End Collisions
• Side Impact or T-Bone Accidents
• Sideswipe Accidents
• Drunk Driving Accidents
• Rollover Accidents
• Highway Accidents
• Bicycle Accidents
• Bus Accidents
• Motorcycle Accidents
• Intersection Accidents
• Blind Spot Accidents

Causes of Car Accidents in Odessa

Many people can have concerns about their ability to recover compensation when they suspect that they were partially at fault for their car accidents. Texas uses a modified form of comparative negligence, which means people can still seek damages even when they are partially to blame for their accidents.Texas Civil Practice and Remedies Code § 33.001 establishes that a person will be unable to recover damages when their degree of fault is over 50 percent. If you are not more than 50 percent responsible, your award could still see a reduction by your degree of fault, so an award of $100,000 in a car accident case for which you are 15 percent at fault means that your award can be reduced by $15,000 and you will ultimately recover $85,000. Distracted driving is becoming an ever more common cause of many motor vehicle crashes in Odessa and cities all over Texas because so many drivers are now unable to stop using cell phones while driving. Even though cell phones are one common basis for the primary form of distraction in most cases (and proof of cell phone use may involve issuing a subpoena for a negligent driver’s phone records), several other more discreet forms of distractions can be equally dangerous, including people adjusting their stereos, drivers staring at objects outside their vehicles, or basic conversations with other passengers.Speeding is another frequent cause of motor vehicle wrecks in Odessa, and many drivers violate posted speed limits without much regard to the possible dangers of speeding, which usually involve an inability to come to an immediate stop as quickly as can be required in some instances. Reckless or aggressive driving are other kinds of traffic offenses that can also cause car crashes because some drivers operate with complete disregard for the safety of other people or property.Some of the other causes of car accidents in Odessa could include, but are not limited to:

• Driving While Intoxicated (DWI)
• Driver Fatigue or Drowsy Driving
• Vehicle Defects
• Improper Lane Changes or Turns
• Failure to Yield Right of Way
• Tire Blowouts
• Running Stop Signs or Stop Lights
• Tailgating
• Wrong-Way Driving
• Road Rage
• Inclement Weather Conditions
• Potholes or Other Dangerous Road Conditions

Car Accident Injuries in Odessa, TX

People involved in car accidents can end up suffering a wide range of possible injuries, some of which could be relatively minor while many others will be absolutely life-changing. The bottom line remains for any person who is involved in a car accident that medical attention needs to be a paramount concern because you not only want to get an accurate diagnosis that there is not some subtle injury that will display symptoms later, but you want to create a medical record that will be important for an injury claim later.Common kinds of injuries can include herniated discs, which can occur in any part of the spine but are more common in the lower back. They also occur in the neck and cause debilitating pain. Joint damage can be another common type of injury, which can cause pain in the hands, feet, hips, knees, or spine.Other people will sustain sprains and strains, with sprains injuring the bands of tissue connecting bones together, while strains involve injuries to muscles or bands of tissue attaching muscles to bones. Whiplash is another very common car accident injury that involves a neck injury that may require medication and prolonged periods of rest.Other frequent kinds of injuries in Odessa car accidents may include:

• Back injuries
• Knee injuries
• Leg injuries
• Arm injuries
• Neck injuries
• Traumatic brain injuries (TBIs)
• Skull fractures
• Closed head injuries
• Fractures or broken bones
• Contusions
• Concussions
• Lacerations
• Spinal cord injuries
• Paralysis
• Burn injuries
• Scarring
• Internal injuries
• Permanent nerve injuries
• Amputations

The death of somebody you love in a car accident may make you eligible to file a wrongful death claim. Under Texas Civil Practice and Remedies Code § 71.004, only surviving spouses, children, and parents of the deceased can benefit from such claims.While siblings cannot file wrongful death lawsuits, executors or administrators of estates may be able to bring legal action if a surviving spouse, children, and parents do not begin an action within three months of the death. The family members – as mentioned earlier – also must not request that the executor does not file a case. You have only two years to begin legal action in either a personal injury or wrongful death case. Do not think that this gives you significant time to wait to seek legal counsel because you need to be sure that you give an attorney adequate time to properly handle the case.

Damages for Odessa Car Accidents

Texas Civil Practice and Remedies Code § 41.001 defines compensatory damages as being economic and noneconomic damages. Economic damages compensate people for actual economic or pecuniary losses, while noneconomic damages compensate victims for intangible losses.In many car accident cases, a common kind of economic damage is property damage because many victims will have damage to their vehicle that they need to have a negligent party pay for. You will want to seek legal representation for help, ensuring that you are able to get an accurate estimate of the costs involved in fixing your car.Other kinds of economic damages can include:

• Medical Bills
• Lost Wages
• Costs of Long-Term Care
• Physical Therapy Costs
• Rehabilitation Expenses

Noneconomic damages are much more subjective awards that compensate people for mental or physical harm that does not have a financial value. Disfigurement can be a common kind of noneconomic damage when a person suffers permanent changes to their appearance because of their injuries.Some of the other possible noneconomic damages may include:

• Mental Anguish
• Emotional Distress
• Pain and Suffering
• Loss of Enjoyment of Life
• Physical Limitations

Punitive damages are known in the Texas Civil Practice and Remedies Code as exemplary damages and are far less common. Punitive damages are more of a penalty or punishment for negligent parties that are supposed to deter other individuals from engaging in similar misconduct.

After an Odessa Car Accident

If you’ve been in a car crash, make sure you get the following items taken care of:

Get Necessary Medical Treatment  

Follow up with whatever treatment your doctor gives you. For instance, whiplash is a common car accident injury that tends to get progressively worse with time. So if your doctor told you to wear a neck collar, follow up with this as prescribed.

Document and Record Everything  

Documenting everything that has happened in your accident begins by dialing 9-1-1. You should do this ideally while at the scene of the accident. It’s important to establish a timeline of events surrounding the crash. Take pictures/videos even if the police or insurance agent is also taking photos/videos. Phone calls, emails, text messages, and diary entries can also be effective ways of establishing a timeline and recording what occurred.

Contact a Texas Car Accident Lawyer

When the insurance company starts throwing out lowball offers to you, there is no reason not to retain the services of a qualified lawyer. Insurance companies make it a policy to offer you the absolute lowest payout possible, and their legal team does nothing but pinch pennies all day, every day. You need some major firepower to compete with that. It costs nothing to reach out to a lawyer and get them to advocate for you, so there’s no reason not to pick up the phone today.

What Is the Car Accident Lawsuit Process Like?

A personal injury attorney who focuses primarily on representing car crash victims will generally offer these types of services:  

• A good car crash lawyer will educate you about your rights and what to expect throughout the lawsuit or insurance claim process.  
• You can expect your legal team to handle all the necessary documentation, filing, phone calls, evidence requests, and so forth.
• Generally, a car accident lawyer’s first order of business will be to draft a “demand letter” to the other party or parties involved. A demand letter clearly states what you are asking for in terms of compensation and restitution.  
• If the other party does not agree to your lawyer’s demand letter, generally, the next step is to start a lawsuit. Your job is to rest and recover while your lawyer does all the heavy lifting at this point.
• After being served with the necessary papers for your lawsuit, the insurance company may become more motivated to settle out of court. There are other options available at this point as well, such as mediation or arbitration. During this time, your lawyer will continue gathering evidence.  
• If your case does not settle out of court, it will go to trial. Most cases do not go to court; however, if that does happen, you most likely will need to testify. During the court case, your lawyer will also bring in expert witnesses (medical or collision specialists) and eyewitnesses.  
• The next step is for the judge or jury to reach a verdict. If the verdict is in your favor, the judge or jury will also determine the amount of your settlement award.
• Your lawyer will receive your settlement check as they are your representative. Generally, your lawyer will distribute the funds as dictated by the court’s ruling (i.e., paying themselves for representing you and paying outstanding medical bills). The remainder of the money goes to you.  
• Your insurance company, as well as any other liable parties, will have you sign a Release of Liability against future claims regarding this accident. This is standard practice and should be expected.  

How Legal Representation Makes a Difference  

91% of accident victims with lawyers they’ve hired to represent them receive a settlement award. Accident victims who do not hire lawyers only get settlement awards half of the time. This is a huge difference! The difference stems from the fact that attorneys know how insurance companies work when trying to limit settlements. Insurance adjusters assume you have little knowledge of the legal process following a car crash, and this might be true. They use tactics and tricks to convince unrepresented claimants to accept far less than they deserve. They might do this by:

• Blaming you for part of the accident
• Challenging the severity of your injuries
• Undervaluing your pain and suffering
• Claiming your injury was pre-existing

Once you hire a lawyer, we will handle all communications with insurers. First, this demonstrates to the insurance company that you mean business and will not settle for less. It also means the adjuster cannot use their usual tricks, as we know better! All of this regularly leads to a higher settlement offer for you.

How to Hire the Best Auto Collision Attorney

Here are some important questions to ask the auto collision lawyers you speak to before making your decision:  

• Should I talk to the insurance company myself?
• Is my case likely to make it in front of a judge or jury?  
• Should I expect to testify?  
• How long does it take your office to return calls on average?
• Do I have a viable case?  
• What is your anticipated strategy for my case?
• How long will I wait to get my award after a settlement is negotiated?
• What’s your fee?
• What experience do you have with cases like mine? How long have you been practicing personal injury law?
• Who will I be working with at your firm?
• Where can I find your online reviews? Has anyone ever made a complaint against you with the Better Business Bureau or bar association?
• Are auto collisions your main area of “expertise”?
• How much do you think my settlement will be?  

Call Us Today to Schedule a Free Consultation with an Odessa Car Accident Lawyer

Did you sustain severe injuries, or was your loved one killed in a car accident in the greater Odessa area? Cesar Ornelas Injury Law can act quickly to make sure that you are able to recover every last dollar of compensation available in your case so you will be able to achieve the fullest possible recovery from your injuries.Our firm can immediately commence an independent investigation into the cause of your crash and then secure all of the evidence that will be necessary to prove your claims. You can call (855) 930-1149 or (210) 957-2103 or contact us online to take advantage of a free consultation so we can take the time to go over all of the details of your case with you and gain a fuller understanding of everything your case involves.