West Texas Car Accident Lawyers
Injured in a Car Accident in Abilene or Midland, TX?
If you or a loved one has been involved in a car accident in Abilene or Midland, TX, you may be entitled to significant compensation for your losses. Unfortunately, the at-fault party and their insurance company may claim you are partially or completely at fault for causing the accident.
Rather than protecting your rights and best interests on your own, Our West Texas car accident lawyers at Potts Law Firm are here to help you get the compensation you deserve. Our team has a proven track record of success, having recovered billions of dollars for our clients. We are prepared to fight for you.
What Causes Car Accidents?
Car accidents can be caused by a variety of factors. Some of the most common causes of car accidents include:
- Distracted Driving: This includes texting, talking on the phone, eating, adjusting music, or any activity diverting attention from the road.
- Speeding: Driving at speeds higher than the posted limits or unsafe for road conditions can reduce reaction time and control.
- Drunk Driving: Operating a vehicle under the influence of alcohol or drugs impairs judgment, coordination, and reaction time.
- Reckless Driving: Swerving, changing lanes abruptly, tailgating, or disregarding traffic signs/lights can lead to accidents.
- Weather Conditions: Rain, snow, ice, fog, or other adverse weather can make roads slippery and reduce visibility.
- Fatigue: Driving while tired or drowsy can impair reaction time and decision-making abilities.
- Mechanical Failures: Malfunctioning brakes, tire blowouts, or other mechanical issues can lead to accidents.
- Running Red Lights or Stop Signs: Ignoring traffic signals increases the risk of collisions at intersections.
- Inexperienced Drivers: Lack of experience in handling various driving situations can contribute to accidents.
- Road Rage: Aggressive driving behaviors like tailgating or sudden lane changes due to anger or frustration can cause accidents.
- Poor Road Conditions: Potholes, uneven surfaces, construction zones, or lack of proper signage can contribute to accidents.
- Tailgating: Following another vehicle too closely reduces reaction time and can cause rear-end collisions.
- Failure to Yield Right of Way: Not giving the right of way at intersections, merging lanes, or pedestrian crossings can lead to accidents.
- Improper Turns: Making sudden or illegal turns without signaling properly can result in collisions.
- Vehicle Defects: Issues like faulty brakes, steering problems, or malfunctioning lights can cause accidents.
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
Great law firm!- Hugo G.
Texas follows a "fault" system regarding car accidents. This means the person responsible for the accident is typically responsible for the resulting damages. Insurance companies or the court may determine the percentage of fault for each party involved.
Here are the elements you must prove to succeed in a car accident claim:
- Duty of Care: You must demonstrate that the other party owed you a duty of care. In car accident cases, this duty is usually inherent in the obligation to drive safely and follow traffic laws to prevent harm to others on the road.
- Breach of Duty: You need to prove that the other party breached their duty of care. This could involve showing that they were negligent, reckless, or violated traffic laws, leading to the accident.
- Causation: You must establish a direct link between the breach of duty and the injuries or damages suffered. This means showing that the other party's actions directly caused the accident and resultant harm.
- Damages: Evidence of actual damages incurred due to the accident is crucial. This includes medical bills, property damage, lost wages, pain and suffering, and any other losses resulting from the accident.
Texas also applies a modified comparative fault rule. This means that even if you're partially at fault for the accident, you can still seek compensation as long as you're not more than 50% responsible. However, your compensation will be reduced by your percentage of fault. If you're found 51% or more at fault, you cannot recover damages.
Transvaginal Mesh Settlements Over $1 Billion
The Potts Law Firm and its joint venture partners have been successful in resolving over $1 billion in transvaginal mesh settlements. Derek H. Potts was one of a handful of plaintiffs’ lawyers from around the country who spearheaded the establishment of what would become the largest medical device MDL consolidations in history.
Kugel Mesh Hernia Patch $184 Million
Derek H. Potts was a member of the Kugel Mesh MDL Plaintiffs Steering Committee which was instrumental in obtaining a $184,000,000 global settlement for several thousand persons who had received the Kugel Mesh hernia patch.
ERISA Class Action Settlement $36 Million
Potts Law Firm served as class counsel in the ERISA class action, Diebold, et al. v. Northern Trust Investments, N.A. et al., 09-Civ-1934 (Diebold), in the United States District Court for the Northern District of Illinois where the Court approved a collective settlement of $36 million dollars for class representatives resulting in millions of dollars returned to investors.
Paraplegic Minor $12 Million
Derek H. Potts and Timothy L. Sifers obtained a $12,100,000 verdict against Lisa Gard, M.D. for medical malpractice involving a minor. The jury found the Salina emergency room doctor to be negligent in her assessment of the minor upon presentation in the emergency room, failing to timely diagnose a rare spinal condition. The case was one of the largest verdicts in history in the State of Kansas.
Fraud Against Lender $10.7 Million
Potts Law Firm represented a United States Bankruptcy Trustee. The case stemmed from the massive bankruptcy of Royce Homes, one of the largest homebuilders in the country. Micah and Chris represented the bankruptcy Trustee against a multitude of defendants, including the chief Lender, for claims related to the homebuilder’s downfall and the fraudulent transfer of assets from the rightful owners, the creditors.
Birth Injury $4.6 Million
Derek H. Potts and Samuel Cullan were members of the plaintiff's trial team which obtained a $4,600,000 verdict for a minor delivered at Bethany Medical Center. Ariana Wilburn, the minor, suffered a spinal cord presentation after being born in the breech position.
Hypoxic-Ischemic Birth Injury $3.5 Million
Potts Law Firm secured a $3,500,000 settlement for a single mother whose infant suffered severe brain damage while being delivered in a New Mexico hospital. The mother, having no previous pregnancy or medical issues, began laboring and immediately went to a hospital. Despite the clear signs of fetal distress and hypoxia (lack of oxygen), the doctor and nurse did not order an emergency cesarean section.
Fraudulent Transfers $2.42 Million
Potts Law Firm represented a Bankruptcy Trustee, resulting in a combined $2.42 million being recovered for creditors of ATP Oil & Gas Company. The claims related to fraudulent transfers of overriding royalty interests in oil & gas properties made by ATP in a failed attempt to liquidate the assets of the company.
Catastrophic Injuries $3.5 Million
Derek H. Potts was co-lead counsel with Thomas Cartmell in representing John Novogradac of Kansas City whose health was neglected during his stay at two nursing home facilities. Mr. Novogradac developed bedsores on his body and had above-knee amputations on both legs after his wounds became severely infected with gangrenous and dead tissue.
Pharmaceutical Birth Defect $1.05 Million
Potts Law Firm secured a $1,050,000 settlement for a mother whose infant suffered birth defects from a pharmaceutical drug that was taken during pregnancy. Though the migraine drug manufacturer knew the medication could cause a fetus to develop a cleft lip and/or cleft palate when consumed by the mother during the early stages of pregnancy, they failed to warn consumers about these dangers.