Odessa Car Accident Lawyer

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.

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 were 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

How Pain Is Suppressed In A Car Accident

Car accident injuries are often dangerous because they can go unnoticed. You don’t always feel any pain after being involved in a car accident.

This is because, during a car accident, your body can go into “fight or flight” mode. Your body releases a certain amount of adrenaline in response to the trauma your accident has caused.

As a result, your pain is temporarily reduced, and your awareness is heightened. As the adrenaline wears off, your body’s senses return to normal. Your ability to feel pain is back to normal, and that’s when you begin to feel the true nature of your injuries.

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.

Determining Who Is At Fault For An Odessa Car Accident

It’s important to establish who was at fault to recover damages from your Odessa car accident. The fault is one of the most important factors in a car accident claim. It determines who is responsible for the car accident and who will be responsible for providing compensation. Without fault, it may take longer for you to receive your compensation.

The most negligent driver may be established as the at-fault driver. There are many ways that a driver can be found at fault, including:

• Revisiting the accident scene
• Gathering evidence like photos and video footage of the accident
• Reviewing copies of police reports
• Collecting witness statements

How an Odessa Car Accident Lawyer Can Help

There are several ways that you can receive compensation for your car accident:

• Filing an insurance claim with the other driver’s insurance company
• Settling out of court for an agreed amount of compensation
• Filing a personal injury lawsuit

You may encounter issues with the other party regardless of your route to seek compensation.

The other driver’s insurance company may question the facts of your accident to avoid paying out your claim. They may also stall the negotiation process when you want to settle out of court.

An Odessa car accident lawyer can review your accident and determine the best strategy for your case. They are used to dealing with insurance companies and can use their experience to help you recover what you deserve.

Gathering The Facts Of Your Odessa Car Accident

Sometimes the fault is not so easy to determine. It may be easier to prove who was at fault if you provide the right evidence to support your claims. An Odessa car accident lawyer can help gather the strongest evidence for your claim. They can use their resources to gather evidence that you may not be able to obtain on your own.

Lawyers work with accident reconstructionists, police officers, and investigators. These experts can provide insight into the nature of your accident. The way that the evidence is presented is also important. Your car accident lawyer can organize your evidence in a way that proves the other driver’s fault.

Conducting An Investigation Into The Cause of The Crash

Insurance companies may argue that other factors – like the weather or road conditions – were responsible for your accident. To refute these claims, an Odessa car accident lawyer can investigate your behalf. They can use their list of resources to reconstruct the accident scene.

Lawyers can also review your evidence to help refute these arguments as well. Sometimes, police reports include details that can dispute these arguments, like the conditions of the road.  

Working With The Other Driver’s Insurance Company

Working with the other driver’s insurance company can be frustrating. The insurance company may refuse to admit their driver was at fault. They may state that their coverage isn’t enough to cover your accident’s damages. You may feel that the insurance company isn’t taking your claim seriously.

Working with an Odessa car accident lawyer can make the process easier. Car accident lawyers are skilled in negotiation and can use this skill to help you reach the best outcome. You can refer them to your attorney if you want to limit your communication with the insurance company. You may have a better chance of protecting your legal interests with an attorney in your corner.

Negotiating For A Just Settlement

If you want to settle out of court with the insurance company, having legal representation can also help. Your car accident lawyer can help with the following:

• · Drafting your demand letter
• · Collecting evidence for your demand letter
• · Proving why the other driver is at fault
• · Calculating the damages from your accident

Working with a lawyer may prevent you from accepting a lower settlement. Insurance companies are used to offering settlements that are lower than what the victim actually deserves. Your lawyer can review your settlement and reveal what you deserve from your accident.

Representing Your Legal Interests At Trial

While most car accident claims are resolved through settlements, some insurance companies threaten to take your claim to trial. If that happens, your car accident lawyer can represent you and prepare you for a trial.

With a trial, there are so many changes that can happen. The insurance company can request additional information from you. They may even decide to settle before the trial begins. No matter what happens leading up to the trial, your car accident lawyer can manage the changes for you. They can keep you aware of all of your case’s changes.

Holding Multiple Parties Liable

There are occasions where there is more than one at-fault driver for your accident. For example, if your car accident involves a truck, the trucking company and other third parties may bear some responsibility.

With more than one at-fault party, holding each party liable for your damages may be difficult.

Odessa car accident lawyers are used to holding several parties liable for the same car accident. They can use their knowledge and negotiation skills to prove each party’s liability.

If you or a loved one suffered an injury in an Odessa, TX, car accident, it is time to speak with an experienced car accident attorney about your case. You deserve to be compensated for your losses instead of paying for medical care out of your own pocket.

Additional Help That An Odessa Car Accident Lawyer Provides

In addition to protecting your legal interests, an Odessa car accident lawyer can help with the following:

• Reviewing your car insurance policy. There may be coverage through your policy that you can use for temporary compensation.
• Protecting you from debt collectors. If you are behind with your medical bills, your lawyer can protect you from being harassed by debt collectors.
• Organizing a contingency fee arrangement. Odessa car accident lawyers may work on a contingency fee basis, meaning you do not have to pay attorney fees hourly. Instead, a percentage of your compensation will cover the costs of your attorney fees.

Statute of Limitations For Odessa Car Accidents

Your Odessa car accident lawyer can also help you file your claim within the statute of limitations. The statute of limitations is the deadline that each car accident victim has to pursue legal action against the at-fault driver. In Texas, the statute of limitations is two years.

Car accident victims have two years from the date of their accident to file their claim. While this may seem like enough time to file a claim, two years can go by quickly. You also don’t want unforeseen circumstances to stop you from timely filing your claim. You may still be recovering from your injuries within two years. An Odessa car accident lawyer can help you with filing your claim. They can focus on organizing your claim while you focus on recovering from your injuries.

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.