Midland Distracted Driving Accident Lawyer

Injured by a distracted driver in Midland, TX? Contact the top Midland distracted driving accident lawyer to seek justice and compensation.

In Midland County, distracted driving crashes happen every day on Highway 191, Highway 80, and the roads that connect oilfield sites with the city. A driver glancing at a phone for two seconds at highway speeds covers significant ground without looking at the road. When a distracted driver hits you, you are left managing medical appointments, missed work, and a damaged vehicle while the insurance company is already working to close your claim.

Burgess Injury & Car Accident Lawyers takes over the legal process the moment you hire us. We step between you and the insurance company, investigate what the at-fault driver was doing in the seconds before impact, and build the evidence needed to prove distraction and pursue full compensation. Clayton Burgess is a licensed Texas trial attorney with nearly 30 years of experience, and he is prepared to take your case to court if that is what fair compensation requires.

Get your free case evaluation and discover how our Midland distracted driving accident attorneys can help you seek the compensation and justice you deserve.

How We Help After a Distracted Driving Crash in Midland

When a distracted driver hits you, the immediate aftermath is overwhelming. You are managing doctor visits, a damaged vehicle, missed work, and constant calls from insurance adjusters who do not have your best interests in mind.

Burgess Injury & Car Accident Lawyers takes over the legal process so you can focus on getting better. Clayton Burgess is an experienced trial attorney who represents injury victims across Texas, and our team begins work as soon as you contact us.

Here is what we do immediately after you hire us:

• Evidence preservation: We send legal letters to phone carriers and employers to lock down records before companies are allowed to delete them.
• Insurance communication: We take over every conversation with adjusters so you are no longer pressured into saying something that hurts your claim.
• Medical coordination: We connect you with doctors who treat injury victims and bill on a lien, meaning they get paid from your settlement rather than upfront.
• Scene investigation: We dispatch investigators to the crash site on Loop 250, I-20, or wherever your accident happened in Midland to gather physical evidence quickly.

What Compensation Can You Recover?

Texas law allows you to seek both economic and non-economic damages from a distracted driver. Economic damages are your direct financial losses. Non-economic damages cover the physical pain and emotional toll the crash has placed on your life.

We fight to recover every dollar you are owed, including:

• Medical expenses: Emergency treatment, surgery, imaging, physical therapy, and any future care you will need.
• Lost income: Wages you have already missed and the long-term impact on your earning capacity, especially critical for workers in the Permian Basin oilfield industry.
• Pain and suffering: Compensation for chronic pain, disrupted sleep, and the anxiety that follows a violent collision.
• Property damage: The cost to repair or replace your vehicle and any personal belongings destroyed in the crash.
• Out-of-pocket costs: Prescription medications, transportation to appointments, and hired help at home during your recovery.

In cases where a driver was texting or streaming video and showed a complete disregard for the safety of others, the court may also award punitive damages. Punitive damages are additional payments designed to punish extreme recklessness beyond what your actual losses cost.

In our experience handling distracted driving claims in Midland, the gap between an insurer’s initial offer and what a case is actually worth is often largest when treatment extends into specialist care or requires procedures like epidural steroid injections at Midland Memorial Hospital. Insurers routinely dispute whether ongoing treatment is related to the crash or was pre-existing. We respond by building a detailed medical causation record from the first appointment, which prevents that argument from gaining traction later.

“I would strongly recommend The Law Office of L. Clayton Burgess. They are very nice & professional! They walked me through everything & were very helpful. Always returned calls in a timely manner. I will definitely consider working with them again!!” – Sherry Brown

Who Is Liable for Your Crash?

Most people assume the driver who hit them is the only party responsible. In distracted driving cases, liability often extends further than that.

We investigate every responsible party, including:

• The distracted driver
• Their employer, if they were on the clock or using a company-issued phone
• A commercial fleet operator, rideshare company, or delivery service
• A vehicle owner who knowingly allowed an unfit driver to use their car

Texas follows a rule called modified comparative fault. This means you can still recover compensation even if you share some responsibility for the crash, as long as your share of fault is 50 percent or less. We work to protect your right to full compensation by pushing back against any attempt by insurers to shift blame onto you.

Do You Have a Valid Distracted Driving Claim in Texas?

Distracted driving is any activity that pulls a driver’s attention away from the road. Texas law specifically bans texting while driving, but many other behaviors qualify, including eating, adjusting a GPS, personal grooming, and interacting with in-dash entertainment screens.

Your claim is likely valid if three things are true:

• The other driver was distracted at the moment of impact.
• That distraction caused the crash.
• You suffered physical injuries, medical bills, or lost income as a result.

Texas law gives you two years from the date of your accident to file a lawsuit. This deadline is called the statute of limitations. Missing it almost always means losing your right to any compensation, regardless of how strong your case is.

How We Prove the Driver Was Distracted

Proving distraction requires moving fast. Critical evidence disappears quickly, and insurance companies know this. Burgess Injury & Car Accident Lawyers uses a thorough investigation process to build an undeniable case.

We pursue multiple sources of evidence on your behalf:

• Phone and carrier records: We subpoena call logs, text messages, and data usage timestamped to the exact moment of impact. A subpoena is a legal order that forces a company to produce documents.
• App and social media activity: We check timestamps from apps like Snapchat or YouTube to show the driver was actively using their phone.
• Vehicle computer data: Modern vehicles store speed, braking, and Bluetooth connection data. We pull this information to reconstruct exactly what happened.
• Scene footage: We track down traffic cameras, business security systems, dashcam recordings, and doorbell cameras near the crash site.
• Employer records: If a commercial driver hit you, we demand fleet tracking logs, dispatch records, and company phone policies.

We also work with accident reconstruction experts who can connect the driver’s distraction directly to your specific injuries.

A tactic we see repeatedly from insurers handling distracted driving claims in Midland County is an early denial that any phone use occurred, followed by delay in responding to preservation requests for phone records. Cell carriers often delete usage data within 90 days without a legal hold in place. When someone contacts us within the first week of a crash on Highway 191 or FM 1788, we can get preservation letters and subpoenas issued while that data still exists. Waiting even a few weeks can make the most important evidence in a distracted driving case permanently unavailable.

Steps to Take After a Distracted Driving Crash

Step 1: Call 911 and Get Medical Care the Same Day

An official police report creates a legal record of the crash. A same-day medical evaluation creates a direct link between the collision and your injuries, which is critical for your claim.

Step 2: Document the Scene Before You Leave

Photograph the vehicles, road conditions, and anything visible inside the other car, such as a phone on the seat or food on the dashboard. Collect the names and phone numbers of any witnesses before they leave.

Step 3: Decline Recorded Statements

The other driver’s insurance company will call you quickly, often within 24 to 48 hours. Politely decline any request for a recorded statement and tell them your attorney will be in touch.

Step 4: Contact Burgess Injury & Car Accident Lawyers Within 72 Hours

Cell carriers can delete phone data on short notice. The faster you call us, the faster we can send preservation letters to lock down the evidence that proves the other driver was distracted.

Step 5: Save Every Document Related to Your Crash

Keep all medical bills, pharmacy receipts, vehicle repair estimates, and a daily log of your symptoms and limitations in one place. This documentation directly supports the value of your claim.

Why Hire a Midland Distracted Driving Accident Lawyer?

Insurance companies are not on your side. Their adjusters are trained to find reasons to reduce what they pay you, and they move quickly to do it.

Without legal representation, you are left guessing at the full value of your claim while the insurer controls the conversation. With Burgess Injury & Car Accident Lawyers, that dynamic changes entirely.

Without a Lawyer	With Burgess Injury & Car Accident Lawyers
Adjusters control the narrative	We manage all communication on your behalf
Phone records vanish within weeks	We send preservation letters immediately
You receive a quick, lowball offer	We calculate the full cost of your future care
You negotiate without legal leverage	We bring nearly 30 years of trial experience

We work on a contingency fee basis, which means you pay nothing unless we win your case.

“Very kind, considerate, and understanding. My settlement was better than expected. Excellent service from beginning to end. Was very pleased.” – Lovey Francis

Common Injuries in Distracted Driving Crashes

Distracted drivers frequently cause rear-end collisions and intersection crashes at full speed because they never braked. These impacts transfer serious force into your body, often causing injuries that are not immediately obvious.

We regularly represent clients who are dealing with:

• Concussions and traumatic brain injuries
• Herniated discs and spinal injuries
• Broken bones in the wrists, ribs, and legs
• Torn rotator cuffs from seatbelt loading
• Post-traumatic stress disorder and anxiety

Some of these conditions take days to produce noticeable symptoms. Getting a medical evaluation immediately protects both your health and your legal claim.

FAQs About Midland Distracted Driving Accident Claims

Can My Attorney Obtain the Other Driver’s Phone Records?

Yes. Once a claim is filed, we can subpoena phone records directly from the carrier. We also send preservation letters immediately so that data is not deleted before we can access it.

What If the Distracted Driver Was Using a Company Phone for Work?

If the driver was on the clock or using a company-issued device, we pursue the employer’s commercial insurance policy. Commercial policies typically carry significantly higher coverage limits than personal auto policies.

Can I Still Recover Compensation If I Was Partly at Fault?

Yes, under Texas modified comparative fault rules, you can recover compensation as long as you are not more than 50 percent responsible for the crash. We fight to keep your share of fault as low as possible.

What Does It Cost to Hire Burgess Injury & Car Accident Lawyers?

There are no upfront costs. We work on a contingency fee, which means our fee comes as a percentage of the settlement or verdict we recover for you. If we do not win, you owe us nothing.

What Happens If the At-Fault Driver Has No Insurance?

We file a claim under your own uninsured motorist coverage, which is designed specifically for situations where the at-fault driver cannot pay. We also investigate traffic cameras and witness accounts to identify drivers who fled the scene.

How Long Does a Distracted Driving Case Take to Resolve in Texas?

Most cases resolve within several months to a year, depending on the severity of your injuries and how aggressively the insurance company disputes your claim. We never push you toward a fast settlement before your full medical picture is clear.

Contact Burgess Injury & Car Accident Lawyers

If a distracted driver injured you in Midland, Texas, Burgess Injury & Car Accident Lawyers is ready to fight for the maximum compensation you deserve. We offer free case evaluations, provide exceptional ongoing support, and serve clients throughout Midland County and the surrounding Permian Basin region.

Get started with a free case evaluation today and discover how our distracted driving accident attorneys can help you.

“I wasn’t sure if I could do something about the incident I had experienced. Mr. Burgess and his team paid attention to me and made me feel like I was important. They were honest and upfront about the process that would be taken to ensure my satisfaction. I would recommend this firm to ANYONE needing their type of services!” – Patricia Touchet