Understanding Wrongful Death Claims in Midland: Texas Law Basics 

Midland, Texas, is the epicenter of the Permian Basin, accounting for more than 14% of the nation's oil production and driving economic growth. With that growth comes risk, as Midland's roads, oil fields, and rigs have become some of the most dangerous locations in the state, resulting in deadly commercial vehicle accidents and fatal accidents on rigs and oilfields. In 2024, the cities of Midland and Odessa reported a total of 897 commercial vehicle accidents. The oilfields and rig-related fatal incidents accounted for 30% of all oil and gas worker fatalities throughout the United States, given that Midland has a relatively small portion of the state's total population. At A2X Law, we have a team of lawyers ready to assist families in Midland who have suffered a loss of a loved one to a wrongful death or a catastrophic injury. Our nationwide team has years of experience guiding families through the legal system and ensuring they receive justice for their loved one.   

What Is a Wrongful Death Claim in Texas? 

A wrongful death claim arises when a person’s death is caused by the negligence, recklessness, or intentional act of another party, such as in a truck collision, oilfield explosion, or workplace mishap. In Midland, these types of claims frequently stem from the oil industry, which tends to operate at a high risk and pace, instigating avoidable disasters. Under Texas law, certain family members can bring claims against negligent drivers and oil companies for emotional and financial damages. Particularly in the Permian Basin, where multi-party liability complicates recovery, it is essential to understand the legal framework.  

Who Can File a Wrongful Death Claim in Midland? 

Under Texas’s Wrongful Death Act (Texas Civil Practice and Remedies Code § 71.001), only specific family members can file a claim: 

• Spouse: A spouse that remains alive, including common-law partners, may claim damages for loss of companionship, loss of financial support, and emotional distress.  
• Children: Biological or legally adopted children of the deceased, regardless of age, can file for loss of parental guidance and inheritance. 
• Parents: Parents of the deceased, including adoptive parents, can claim for emotional distress and loss of a relationship, even if the deceased was an adult. 

If none of these parties file within three months of the death, the estate’s executor or administrator may pursue a claim, unless the family opts out. Siblings, grandparents, or other relatives cannot file directly, but damages recovered by the estate may benefit them indirectly. In Midland, where oilfield accidents often involve multiple contractors, identifying all liable parties, such as equipment manufacturers or subcontractors, is key to maximizing recovery.

Texas’s Modified Comparative Fault Rule: A Critical Factor 

Texas utilizes a comparative fault system, referred to as the "51% rule," which is a vital concept that plays a role in wrongful claims. If the finding is that the deceased was at fault at 51% or more, they cannot recover. If the deceased was less than 50% at fault, the damages will be reduced by the percentage of fault. For example, if an oil worker in Midland is determined to be 30% at fault for not yielding after being killed in a truck accident, and their damages are $1,000,000, then the family would only be entitled to $700,000. Insurance companies often use this law as a defense, citing the 897 commercial accidents reported in the Permian Basin in 2024. This law is often used to deflect culpability to the victim in a death case. They may argue that an error occurred, increasing the likelihood of a crash, such as distracted driving. Presented with evidence like crash reports, black box data, and witness statements, victims or their families may minimize fault in multi-party oilfield cases. This may help reduce fault in contractor or fatigued hauler cases.  

Addressing Emotional and Financial Loss 

In Texas, wrongful death lawsuits provide for both economic and non-economic damages specifically for the family members’ losses.  

• Economic Damages: These damages encompass monetary losses, including lost earnings, benefits, and inheritance. In their burgeoning oil business in Midland, where the average person's salary is $80,000 a year, this can add a good amount to the economic damages, especially for young adults supporting their families. Funeral and medical bills are included in the financial damages. 
• Non-Economic Damages: These are damages for non-monetary losses, such as pain and suffering, loss of companionship, and emotional distress. Texas does not put a cap on non-economic damages in wrongful death cases (but it would limit non-economic damages in medical malpractice cases to $250,000), so these can be significant. For example, there is a case in Midland in 2024 involving a fatal explosion of a drilling rig with total damages of $71.95 million, most of which were non-economic damages awarded to the family members.  
• Punitive Damages: Awarded in cases of gross negligence, like an oil company ignoring safety protocols or a drunk driver causing a crash on U.S. 285. These are uncapped but require clear evidence of reckless conduct. 

Non-economic damages are critical in the Permian due to the emotional impact of abrupt loss to close-knit oilfield communities. Families often suffer prolonged grief, which is made worse by the high-risk working environment in our region, including 15 severe injuries and two fatalities reported in 2024.  

Specific Challenges: Multi-Party Oilfield Liability 

Many parties, including operators, contractors, equipment suppliers, and trucking firms, may be involved in oilfield accidents in Midland, which can lead to complex liability situations. For example, a fatal explosion may be caused by a contractor's defective valve, the operator's failure to inspect, or the use of untrained subcontractor workers. The Texas Oilfield Anti-Indemnity Act prevents companies from avoiding liability through a contract; the act allows families to pursue all negligent parties. OSHA fined Permian operators $1.4 million and issued 316 citations in 2024 for breaking OSHA regulations, including failing to maintain proper pressure controls during well testing. These infractions support allegations against careless businesses.  

These cases typically require extensive investigation work to gather evidence, including maintenance logs and OSHA reports, as oil companies often point blame at others to mitigate payouts. The prominence of production in the Permian, at 3.9 million barrels per day, drives hastened operations, which create additional risks, such as pressure ruptures (accounting for 20% of severe injuries) and vehicle accidents (which account for 50% or more of fatalities).  

Navigating a Wrongful Death Claim in Midland 

Under Texas's two-year statute of limitations, Midland residents must take some crucial actions to file a wrongful death claim:  

• Identify Liable Parties: Pinpoint all responsible entities, from truck drivers to oilfield operators, using crash reports or OSHA findings. 
• Collect Evidence: Secure rig logs, witness accounts, or coroner reports to prove negligence and counter fault claims. 
• Calculate Damages: Document lost income (key in oil jobs), funeral costs, and emotional harm for comprehensive recovery. 
• File Promptly: Submit claims within two years of death to avoid being time-barred, especially amid oil boom delays in investigations. 

A2X Law: Advocates for Midland Families 

At A2X Law, we understand how heartbreaking it is for loved ones to be lost due to an incident in Midland's oilfields or on its treacherous roads. Our attorneys are well-versed in the complexities of Texas's wrongful death law. Their experience includes representing families in cases with multiple liable parties from the oilfield. We uncover and prove negligence, whether due to defective equipment, fatigued drivers, or safety policies that were disregarded, against all liable parties. A2X Law stands strong for families, working to overcome tragedy and obtain justice.