Find a car defect lawyer in Midland: keep the car and its data
If an airbag, seat belt or part failed in a Midland crash, do not let the car be scrapped. Ask the tow yard to hold it and check the VIN for recalls. A Texas product claim also ends 15 years after the sale. A defect suit generally has to be filed within 2 years of the crash.
Last checked November 9, 2026 · Official sources (29)
What should you do with the car after a defect crash in Midland?
- Tell the Midland Police officer you think a part failed, so it is written in the report. Reports are usually at the MPD Records window, 601 N. Loraine, after 1 p.m. on the fifth day.
- Ask the Midland tow yard in writing to hold the car. Do not let anyone crush it, fix it or sell it for salvage. Texas caps storage at $22.85 a day for a vehicle 25 feet or shorter.
- Photograph the airbag, belt, seat and dash before anyone touches them. Keep any part that came off.
- Write down the VIN and run it through the federal recall search.
- Do not plug anything into the car or let a shop clear its computer.
Texas courts say a party must keep evidence once it knows a claim is substantially likely. The tow yard does not know about your claim unless you tell it.
What does the crash recorder in your car show?
An event data recorder can show whether the driver and passenger belts were buckled. It saves only a short window, typically 30 seconds or less. Only special equipment, plus access to the car, can read it.
Whoever owns the car owns its data, and a lessee owns it if the car is leased. If you own the car, you decide who may read it. Put that choice in writing before an insurer asks.
How do you check a car from a Midland wreck for recalls?
Use the VIN to check whether that car has an open recall repair. To report a problem or ask about one, the Vehicle Safety Hotline is 888-327-4236.
Some recalled airbag inflators can explode and cause serious injury or death. But an airbag that goes off is not always a defect. Airbags are built to deploy in moderate to severe crashes and may deploy in a minor one. Sitting too close can also cause serious injury.
Who can you sue if a car part fails in Midland?
| Who | What Texas law says | What to find out |
|---|---|---|
| Maker of the car or part | A producer, processor or assembler counts as a manufacturer. | Which company made the airbag, belt or part? |
| Dealer or seller | Usually not liable if it did not make the product, unless it actually knew of the defect. | Did the seller know of a recall? |
| Another driver | If you are more than 50 percent at fault, you recover nothing. | Did a second driver cause the crash? |
| Auto insurance | A Texas policy must carry at least $30,000 for one injured person. | Is there enough coverage, and do you have uninsured motorist coverage? |
Against a maker, you must generally show a safer alternative design existed. Meeting mandatory federal safety standards gives a maker a presumption in its favor. These cases usually need an engineer to examine the part.
How long do you have to act after a car defect crash in Midland?
In a Midland crash case, the lawsuit deadline is generally 2 years. A product claim against a maker or seller must also start before the end of 15 years after the product was sold.
If a City of Midland vehicle was part of the crash, written notice goes to the mayor and city council within 60 days. It must state the amount you will settle for. Risk Management is at 432-685-7246.
How often do Midland crashes involve something other than a defect?
Most of the time. TxDOT counted 4,211 crashes in Midland County in 2025, and 1,125 involved speed. Expect the other side to blame the driver, not the part. That is why the car and its data matter.
Questions
Does a recall notice help my claim?
It can point to a known problem, but a recall remedy is in addition to your other legal remedies.
Who pays the tow and storage bill?
Usually you or your insurer pay first, then it becomes part of the claim. Texas sets a state maximum of $22.85 a day to store a car 25 feet or shorter.
Can I still sue if the airbag worked as designed?
It is harder. Airbags are meant to deploy in moderate to severe crashes, so the question is whether the design or a part was defective.
Do I need the police report for a defect claim?
Yes. Get the CR-3 crash report from TxDOT for $6, or from the MPD Records window.
Airbag, seat belt or car defect in Midland? See if you are owed money.
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See if I’m owed moneySources (29)
- NHTSA, checked 2026-11-09. “you'll learn if a specific vehicle needs to be repaired as part of a recall”
- Tex. Civ. Prac. & Rem. Code § 16.012, checked 2026-11-09. “a claimant must commence a products liability action against a manufacturer or seller of a product before the end of 15 years after the date of the sale of the product by the defendant”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- NHTSA, Motor Vehicle Safety Defects and Recalls, checked 2026-11-09. “the recall remedies are in addition to other available legal remedies”
- 49 CFR 563.11, checked 2026-11-09. “typically 30 seconds or less”
- Tex. Civ. Prac. & Rem. Code § 82.003, checked 2026-11-09. “A seller that did not manufacture a product is not liable for harm caused to the claimant by that product unless the claimant proves”
- Tex. Civ. Prac. & Rem. Code § 82.003, checked 2026-11-09. “the seller actually knew of a defect to the product at the time the seller supplied the product”
- Tex. Civ. Prac. & Rem. Code § 82.008, checked 2026-11-09. “complied with mandatory safety standards or regulations adopted and promulgated by the federal government”
- Midland Police Department, Request A Police Report, checked 2026-11-08. “Traffic accident reports are typically available at the MPD Records window after 1 p.m., five days after the accident.”
- Midland Police Department, Request A Police Report, checked 2026-11-08. “MPD Records Phone: (432) 685-7145 Address: 601 N. Loraine”
- Texas Department of Licensing and Regulation, checked 2026-11-09. “$22.85 a day for vehicles 25 feet in length or less”
- Brookshire Bros. v. Aldridge (Tex. 2014), checked 2026-11-09. “a party knows or reasonably should know that there is a substantial chance that a claim will be filed”
- 49 CFR 563.11, checked 2026-11-09. “Whether or not the driver and passenger safety belts were buckled/fastened”
- 49 CFR 563.11, checked 2026-11-09. “special equipment is required, and access to the vehicle or the EDR is needed”
- Driver Privacy Act of 2015, checked 2026-11-09. “is the property of the owner, or, in the case of a leased vehicle, the lessee”
- NHTSA, Motor Vehicle Safety Defects and Recalls, checked 2026-11-09. “Call 888-327-4236”
- NHTSA, checked 2026-11-09. “subject to recall due to a safety defect that may cause them to explode and result in serious injury or death”
- NHTSA, checked 2026-11-09. “generally designed to deploy in moderate to severe crashes and may deploy in even a minor crash”
- NHTSA, checked 2026-11-09. “serious or sometimes fatal injuries can occur if the driver or passenger is too close”
- Tex. Civ. Prac. & Rem. Code § 82.001, checked 2026-11-09. “a designer, formulator, constructor, rebuilder, fabricator, producer, compounder, processor, or assembler of any product”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- Texas Transportation Code 601.072, checked 2026-11-09. “$30,000 for bodily injury to or death of one person in one collision”
- Tex. Civ. Prac. & Rem. Code § 82.005, checked 2026-11-09. “there was a safer alternative design”
- City of Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”
- City of Midland Charter, Sec. 8, checked 2026-11-08. “the amount for which the claimant will settle”
- City of Midland, Process for Filing a Claim, checked 2026-11-08. “Risk Management Division City of Midland PO Box 1152 Midland, TX 79702”
- TxDOT, 2025 Crashes and Injuries by County, checked 2026-11-08. “Midland 44 45 125 150 620 909 473 752 2,763 8,212 186 559 4,211”
- TxDOT, Speed crashes by county, 2025, checked 2026-11-08. “Midland 11 11 37 42 159 233 123 188 745 2,324 50 131 1,125”
- TxDOT, Crash reports and records, checked 2026-11-08. “$6 for a regular copy. $8 for a certified copy”