In Odessa, Texas, you could get hurt through someone else’s carelessness on the road, at work, in the oil field, at an offshore site, on someone else’s property, or by a dangerous product. An Odessa personal injury lawyer can help you hold the at-fault party accountable for the harm you suffered.
At Domingo Garcia, we truly care about our injured clients and want you to receive the compensation you deserve so you can rebuild your life. We take care of every aspect of your case so you can focus on your recovery. Our firm handles a wide range of personal injury cases, including motor vehicle accidents, construction accidents, wrongful death claims, slip and falls, oil field and offshore accidents, and product liability.
Odessa Motor Vehicle Accidents
Collisions involving cars, trucks, or motorcycles are all too common in Odessa. If you suffered injuries in a motor vehicle accident, we want to help you. Common types of motor vehicle collisions include:
- Side impact accidents include sideswiping from misjudging the distance between vehicles, striking a parallel vehicle due to changing lanes without looking, and “T-boning,” where the front end of one vehicle crashes into the side of another vehicle, usually due to running a stop sign or red light.
- Rear-end collisions typically happen because the driver in the back was tailgating, speeding, driving recklessly, or not paying attention. Sometimes, however, the driver in the front vehicle can cause this type of crash by suddenly slamming on the brakes.
- Head-on crashes cause catastrophic injuries. They may involve drugs or alcohol on the part of the at-fault driver. Also, a drowsy driver can fall asleep at the wheel and drift into oncoming traffic. Poor decision-making when passing another vehicle on a two-lane road can result in a head-on collision.
- Single-vehicle accidents are often the result of poor weather or road conditions, drowsy or impaired driving, or medical emergencies.
- Multi-vehicle accidents are when more than two vehicles are involved in a crash. The severity of the injuries can be magnified significantly due to some cars getting struck by more than one vehicle.
- Tractor-trailer accidents can be caused by jackknifing or rollovers, which can send the big rig out of control, causing it to strike other vehicles. If a commercial truck spills its cargo, the sudden presence of debris or liquids on the road can cause other vehicles to crash.
Factors that can lead to motor vehicle accidents include:
- Speeding – exceeding the posted speed limit or driving too fast for conditions
- Intoxication – either having a blood alcohol concentration (BAC) that exceeds the legal limit or having your physical or mental abilities impaired by drugs (prescription or recreational)
- Distracted driving – talking or texting on a cell phone, eating, engaging with passengers, adjusting the stereo, or interacting with the GPS or another device
- Aggressive driving – this includes road rage. Some drivers try to “teach other drivers a lesson” or bully them into driving faster.
- Reckless driving – such as racing or making frequent lane changes in traffic
We can hold the other driver legally accountable if any of these factors caused your motor vehicle accident and subsequent injuries. Our lawyer serving Odessa can analyze your case, determine liability, and file an injury claim or lawsuit on your behalf.
Common Injuries in Odessa Motor Vehicle Accident Cases
You or your loved one may have suffered severe injuries in a car, truck, or motorcycle crash in Odessa. Common types of injuries in these accidents may include:
- Traumatic brain injury (TBI) can occur when there is sudden trauma to the brain, such as hitting your head on the steering wheel during a collision.
- Spinal cord damage can cause permanent paralysis and the need for long-term rehabilitation and/or nursing care.
- Burns or road rash can cause scarring and disfigurement.
- Fractures can lead to permanent or temporary disability and require a wheelchair and other medically assistive devices.
- Internal injuries such as organ damage or internal bleeding may require multiple surgeries and blood transfusions.
- Death can result from an injury suffered in a collision. If your loved one died as a result of a car, truck, or motorcycle accident, our wrongful death attorney serving Odessa can file a claim on your family member’s behalf.
Who Is At-Fault in a Motor Vehicle Accident Injury Case in Odessa?
Anyone who caused the crash through negligence could find themselves the subject of an injury claim or lawsuit. For example:
- The driver of another vehicle that collided with yours.
- The driver of the vehicle in which you were the passenger.
- The driver of a vehicle whose negligence caused you to take action that resulted in a crash.
- A passenger in your car whose reckless conduct caused the accident.
- A government entity whose negligence caused unsafe conditions that led to the accident, like defective road design or hazardous road maintenance.
- The party responsible for debris or a spill on the road.
- The manufacturer of a defective vehicle part that failed and contributed to the collision.
In short, if a party’s carelessness causes a crash, they can be held legally liable for the harm they caused.
What Makes Someone Liable for an Odessa Motor Vehicle Collision
Our personal injury team will need to prove all of these factors to hold someone accountable for your losses from a car, truck, or motorcycle accident:
- The defendant had a duty to drive carefully.
- The at-fault party failed to satisfy the duty of care. Let’s say you slowed down to stop at an intersection as the light turned yellow and then red. Unfortunately, the driver of the vehicle behind you was arguing with their passenger and not paying attention when you decreased your speed and came to a stop.
- Their carelessness caused the collision. The car behind you slammed into the back of your vehicle because they did not notice you were braking.
- You suffered physical injuries and other losses from the collision. The impact of the car crashing into the back of you may have caused a serious back injury requiring surgery and rehabilitation.
This fact pattern meets all the criteria to establish liability on the part of the driver of the vehicle behind you. We will be able to pursue a claim for compensation for your injuries and other losses.
Recoverable Damages in Odessa Motor Vehicle Accidents
Your lawyer will seek economic and non-economic damages as part of your claim. Economic damages account for the financial losses you have endured due to the accident, including:
- Current and future medical expenses
- Lost income when your injuries kept you from working
- Reduced earning capacity if you can no longer perform your job duties prior to the accident
- Other out-of-pocket costs
Non-economic damages account for the physical and emotional toll the accident has caused. These may include:
- Pain and suffering
- Mental anguish
- Scarring and/or disfigurement
- Loss of enjoyment of activities (e.g., jogging or gardening you can no longer enjoy because of your crash-related injuries)
- Loss of consortium
- Loss of companionship
If you lost a close relative because of the collision, we might be able to get additional compensation for your family. This can be discussed during your free case evaluation.
Results We Have Obtained for Our Motor Vehicle Accident Clients
You can tell a lot about a law firm by the settlements and court awards won on behalf of their clients. At Domingo Garcia, we are passionate advocates for our injured clients, which is reflected in our case results. Here are just a few examples of the financial compensation we have obtained for our motor vehicle accident clients:
- $2,750,000 in a commercial motor vehicle accident where roadside worker was fatally struck
- $100,000 trial verdict in a car wreck case
- $531,151 jury verdict in an 18-wheeler accident case
Of course, every case is different. Your injuries and losses due to the accident are unique to your case. Our Odessa personal injury lawyer will fight for the best possible settlement or court award in your specific case.
Construction Accident Cases in Odessa
Construction is one of the most dangerous industries because workers may experience catastrophic or fatal injuries. Although the Occupational Safety & Health Administration (OSHA) has strict safety rules for all industries, it only has about one inspector or compliance officer for every 70,000 workers.
With such a low risk of getting caught for safety violations, some construction company supervisors and owners have little incentive to follow the rules to the letter. As a result, of the 5333 workers who lost their lives on the job in 2019, an estimated 20% occurred in the construction industry.
Top Causes of Construction Accidents
The top five reasons that OSHA inspectors issued citations in the construction industry in 2021 were:
- Fall protection
- Fall protection training
- Eye and face protection
Of the top 10 most frequently issued citation categories for all industries combined, five categories were in the construction industry.
The Most Common Fatal Construction Accidents
The “Fatal Four” in the construction industry, meaning the four types of fatal injuries for construction workers according to OSHA’s Outreach Training Program are:
- Falls from heights, which claim more lives of construction workers than any other type of accident
- Caught-in or caught-between, usually involving equipment on the job site
- Struck-by, which can include getting hit by construction vehicles, tools, and building materials, and
- Electrocution, from exposed wires and cables, equipment lacking safety devices, and live currents. High-voltage equipment gets used in construction, and a failure to follow safety protocols or defective equipment can have a deadly outcome.
Our construction accident team won a $5 million settlement for a client who fell off a scaffold and wound up permanently paralyzed. Our construction accident attorney can investigate what happened to you, identify the liable party or parties, and hold them accountable in an injury claim or civil lawsuit.
Odessa Wrongful Death Claims
A wrongful death action can be brought when the wrongful act of one person causes the death of another person. The wrongful act can be due to negligence or carelessness.
If one party did something they should not have done or failed to do something they had an obligation to do, and that wrongful conduct led to your loved one’s death, the survivors of the deceased could be eligible for financial damages.
If you lost a relative due to medical malpractice, a defective product, a slip and fall, or construction accident, you need a lawyer with experience handling wrongful death cases and seeking the most compensation for you and your family at this difficult time.
Settlements We Have Obtained in Wrongful Death Cases
We realize no amount of money can begin to make up for the loss of your loved one. When you suddenly lose the income and services your family member contributed to the household, you can face unexpected financial hardship.
Wrongful death damages can help. We won $3,830,000 for a family whose relative died when a boom collapsed on a concrete pump. You can check out this and other results here. We would be honored to handle your wrongful death case on behalf of your family member lost due to negligence.
Slip & Fall Accident Cases in Odessa
Some people think of slip and fall accidents as insignificant events with minor injuries like bruises, but in reality, these accidents can lead to devastating, even fatal injuries. For example, one of our clients became a paraplegic when he fell into a roof hole that had been left uncovered. We won a settlement of $5,500,000 in that case.
How to Know If You Have a Slip and Fall Case
First and foremost, the accident must have happened on someone else’s property. Let’s say the freezer compartment at a grocery store had a mechanical failure that caused a higher than usual temperature, melting all the food inside the units. Liquid leaked out of the compartments as items thawed.
The manager did a poor job of supervising to make sure that all the spills were mopped up completely. A puddle of clear liquid remained. Later, a shopper came down the aisle and slipped in the spill. As her feet flew out from underneath her, her head slammed against the freezer equipment and the floor. She suffered a severe traumatic brain injury (TBI) and died three days after enduring extreme pain.
The store would be liable for her injuries and death because they resulted from a hazardous condition on the premises. The owner, or in this case, the manager, was aware of the situation and was careless about correcting the potential hazard.
If you or a loved one suffered injuries in a slip and fall accident, our personal injury team is here to assist with your claim.
Oil Field and Off-Shore Accident Cases in Odessa
The oil industry has a significant impact on the economy of Texas. Unfortunately, oil fields and off-shore worksites can be dangerous places. We are not afraid to take on large corporations when their negligence causes harm.
Because many of the injuries are catastrophic, the claims can involve a lot of money, which is why companies put up such an aggressive fight. You do not have to go through this battle alone. We can advocate for you in and out of the courtroom.
Here are some outcomes we have achieved for our previous clients in cases like this:
- In an oilfield blowout incident, the result was a settlement of $1,075,000 for our client.
- In an offshore incident covered by the Jones Act, we won a settlement of $1,550,000 for our client.
These claims can involve different substantive laws and procedural rules. You will want to work with a law firm with experience in handling these types of cases.
Product Liability Claims in Odessa
People who get hurt by products in Texas can sue under several legal theories.
Strict Products Liability
Under the theory of strict product liability, it is not necessary to show that the defendant was negligent or that they knew about the product’s defective condition. Because of this rule, strict liability cases can be less harder to win than negligence or breach of warranty claims, but it will depend on the facts of the individual case.
Winning a strict products liability claim requires that the plaintive prove all three of these elements:
- The defendant, who could be the designer, inventor, manufacturer, distributor, or retail seller, placed the product on the market. For example, cars and trucks have airbags. Automobile makers buy airbags from the manufacturer and install them in vehicles during the assembly process. Because of the work of the airbag component manufacturer, the automobile maker, and the car dealership, the airbags enter the consumer market.
- The product had a defect that made it unreasonably dangerous. Some airbags had a design defect that caused them to explode at an extremely high velocity instead of safely inflating. The components sent sharp, jagged pieces of metal through the air into the driver’s head, face, and chest. Also, the airbag would deploy from low-impact collisions or no collision.
- The plaintiff suffered injuries because of the dangerous defect. The dangerous condition caused by the design defect of these airbags injured many drivers, some fatally. The airbag manufacturer was financially liable for the grievous harm to drivers and their families. The dealers replaced the airbags with safer components.
Plaintiffs in these cases did not have to prove that the defendants intentionally placed the dangerous airbags on the market or that they even knew about the problem before selling the products to automakers.
Types of Defects
A product’s defect could involve design, manufacturer, or marketing.
- Design defects make a product unsafe even if manufactured precisely to the specifications of the designer. The design of the airbags was what made them dangerous.
- Manufacturing defects involve a failure to make the item according to the engineer’s or designer’s specifications. The manufacturer might deviate from the instructions by substituting inferior quality parts to save money, or there might have been substandard assembly that the quality control personnel failed to catch.
- Some products have an inherent risk of harm to users. When the manufacturer knows or should know about these dangers, they should warn potential consumers and offer guidance on preventing injury.
Any of these defect categories can be grounds for a product liability lawsuit. Sometimes, a product has multiple defects; for example, the manufacturer knew that the item contained a design or manufacturing defect and failed to warn the consumer.
One important factor in strict product liability cases is if the item was modified after it left the control of the defendant. For example, an individual might buy a car and then take it to a mechanic shop to get the suspension modified, either for improved handling or aesthetics.
Aftermarket alterations that change the product from the manufacturer’s original specifications can release the maker from strict product liability. However, the company that performed the modifications could be liable if their changes made the product dangerous and they failed to warn the consumer.
Breach of Warranty
Merchants in Texas are responsible for the express or implied promises they make to consumers, also called warranties. An item might have express warranties, for example, that a wrinkle cream will reduce fine lines by 10 percent within 30 days. In the context of product liability cases, there are implied warranties.
One example of an implied warranty is that the object is suitable for a certain use. A highchair has an implied warranty that you can place a child in the item, and it will hold the infant safely during meals. The manufacturer does not have to spell out a warranty like this because it is reasonable for the consumer to make this assumption.
If the highchair collapsed and caused severe injury to the young child, the parent might include a breach of implied warranty in the product liability claim. The high chair maker might argue that the parent did not assemble the device correctly or that the item was used without supervision or for an unintended purpose.
Dangerous products can cause devastating harm to people. You can check out our results for product liability cases we have handled. One example is the settlement of $3,100,000 we won for a client who suffered significant leg injuries when temporary bracing failed.
Call Domingo Garcia for Help in Your Odessa Personal Injury Case
Domingo Garcia will fight for your right to get the compensation you deserve in your Odessa personal injury case. We offer a free initial consultation. If we take your case, we will not charge hourly attorney fees or require an upfront fee deposit. We only get paid when you win. If you or a family member has been injured, let us be your voice.