Hit-and-run accidents are common in Midland and Odessa. Texas has one of the highest uninsured-driver rates in the country, and the Permian Basin has a transient oilfield workforce that creates additional incentives for drivers to flee. When the at-fault driver cannot be identified or carries no insurance, the injured party’s own uninsured motorist (UM) coverage becomes the primary source of recovery. A Midland hit and run accident lawyer at McFarlane Law pursues UM claims against Texas carriers, fights bad-faith denials, and when the fleeing driver is caught, pursues them directly in civil court.
Why Midland Has Many Hit-and-Run Crashes
Several factors make Midland and Ector County a high hit-and-run market. Texas’s uninsured-driver rate is estimated at 14–16% nationwide and higher in counties with significant transient populations. The Permian Basin’s oilfield workforce includes many out-of-state workers on temporary assignments, some driving on suspended licenses or with outstanding warrants. DWI-involved drivers flee to avoid arrest. Rural roads provide easy escape routes and limited traffic cameras. Even when drivers are identified via witness accounts, catching them in a timely manner is not guaranteed. A significant share of Midland hit-and-runs are never prosecuted.
Uninsured Motorist Coverage Is Your Primary Path
Texas auto policies must offer UM/UIM coverage, and rejection must be in writing. Most Texas drivers carry at least some UM coverage. When a Midland hit-and-run driver is unidentified or uninsured, the injured party files a first-party UM claim against their own carrier. UM coverage pays the full spectrum of personal-injury damages up to the policy limits. Texas’s UM statute (Insurance Code Chapter 1952) and the Texas Supreme Court’s Brainard v. Trinity decision require the insured to either obtain a judgment against the uninsured motorist OR get carrier consent before settling — a procedural trap that catches unrepresented claimants regularly. McFarlane Law handles Midland UM claims correctly from day one.
Bad Faith and Prompt Payment Claims
Texas has some of the strongest first-party bad-faith laws in the country (Insurance Code Chapters 541 and 542). When a carrier fails to investigate a UM claim promptly, lowballs the offer, denies without a reasonable basis, or otherwise mishandles the claim, the insured can pursue statutory penalties including 18% interest, attorney fees, and in extreme cases exemplary damages. McFarlane Law aggressively pursues carriers that mishandle Midland UM claims and takes the claim to trial when necessary to recover the full amount plus penalties.
When the Fleeing Driver Is Identified
Sometimes Midland hit-and-run drivers are identified through surveillance video, witness accounts, or police investigation. When that happens, McFarlane Law pursues the civil case against them directly. Under Texas law, fleeing the scene of an injury crash is a felony and strongly supports gross-negligence findings — opening the door to exemplary damages on top of compensatory recovery. We coordinate with the Midland County or Ector County District Attorney’s office during any criminal prosecution and use the criminal conviction as collateral estoppel on civil liability when possible.
Related Practice Areas
Related Midland subpages: Midland car accident lawyer, Midland drunk driving accident lawyer, Midland pedestrian accident lawyer. Hub: Midland personal injury lawyer.
Talk to a Midland Injury Lawyer Today
If a Midland hit-and-run driver hurt you, your own UM coverage is your primary recovery. Call McFarlane Law to file it correctly. (432) 803-5000 / (512) 222-4900. Free consult.
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Midland-Odessa & Permian Basin Practice
McFarlane Law maintains an office at 6005 Eastridge Rd, Suite 200-C, Odessa, TX 79762 — approximately 20 miles from downtown Midland. We serve Midland, Odessa, Big Spring, Andrews, Seminole, Kermit, Monahans, Pecos, and the entire Permian Basin region. Our West Texas practice includes injuries on I-20, US-385, SH-158, and the farm-to-market roads that connect Permian Basin production to the Texas oilfield corridor. We know the Midland County and Ector County courts, the local jury pools, the major employers (oilfield operators, service companies, trucking fleets, drilling contractors), and the West Texas medical providers who treat serious injuries. Call (432) 803-5000 for the Odessa office or (512) 222-4900 for our Austin headquarters. Free consultations, no fee unless we win.
