Oklahoma Personal Injury Legal Blog
Storm Chaser Killed in Oklahoma Car Accident
A 24-year-old man, a storm chaser who has been featured on the Weather Channel, died in an Oklahoma auto accident after he was hit by a wrong-way driver. According to an Associated Press news report, the man’s vehicle was struck by a driver who was going the wrong direction on the Turner Turnpike in Sapulpa. Oklahoma Highway Patrol officials say alcohol was a factor in this head-on collision. Two other cars were also involved. Those drivers did not suffer life-threatening injuries.
Driving under the influence of alcohol and/or drugs is illegal under Oklahoma law. According to the U.S. National Highway Traffic Safety Administration (NHTSA), there were a total of 738 fatal crashes in Oklahoma in 2009, of which 265 (or 36 percent) involved alcohol. Also, 32 percent of the drunk drivers involved in these fatal car accidents had a blood alcohol concentration (BAC) of 0.08 percent or higher. Under Oklahoma law, it is illegal to operate a motor vehicle with a BAC of 0.08 percent or higher.
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OSHA Fines Oklahoma Company for Serious Safety Violations
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Oklahoma-based Zaloudek Grain Company for four serious safety violations following an injury accident involving two 17-year-olds. According to an OSHA news alert, the teenagers had to have their legs amputated after they became caught in an inadequately guarded conveyor auger. The young workers were cleaning out a grain flat storage structure in late August when the accident occurred.
OSHA investigators concluded that the company failed to attach the machine guard, ensure that the storage structure’s exit was unobstructed, provide exit signs from the structure, and give specific training for workers who are assigned to enter these grain structures. The company faces about $21,500 in OSHA fines.
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Toyo Recalls Tires for Defects
California-based Toyo Tires is recalling 66,000 tires that may have been made with a kink in the bead, which could lead to tire failure. According to a news report in Auto Week, the company will recall the P225/60R-16 Extensa A/S tires that were distributed in the United States from Sept. 20, 2009, to Nov. 6, 2010. Company officials say some of these tires have a manufacturing defect where they were made with a kink in the bead. This kink could lead to a crack near the bead, especially when the tire is underinflated. When left unattended, the crack could lead to sudden tire failure. The defective tires involved in this recall were manufactured in a Georgia plant and bear the “Made in the USA” label. Those who own these tires will be notified and will receive free replacement tires.
The statement that your life rides on your tires every time you get on the road is not an exaggeration. According to the U.S. National Highway Traffic Safety Administration (NHTSA), underinflation is the leading cause of tire failure. Underinflation can also affect vehicle handling and fuel consumption, but most importantly, it has a significant effect on overall safety. Underinflation can also lead to structural failures, such as tire tread separation. That is why it is critical to check and adjust tire pressure at least once a month and before every long trip. You can find your vehicle’s recommended pressures on a label located on the driver’s doorframe or in the glove box.
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Oklahoma Personal Injury Attorney Ray Maples Releases New Book on Topic of Nursing Homes
Nursing home abuse and neglect is a serious health concern in Oklahoma and nationwide. It is highly unfortunate that our elders, who deserve to be treated with the utmost level of care, dignity and respect, are often abused and neglected as the result of profiteering nursing home owners who fail to hire enough staff, fail to hire properly trained staff, and/or fail to provide appropriate supplies for daily living. Ray Maples, an experienced personal injury attorney in Oklahoma, has handled many cases related to nursing home abuse and neglect and finds this lack of duty and care unacceptable.
The mistreatment of elders in Oklahoma nursing homes is a serious cause for concern. In an effort to help Oklahomans better understand the common issues associated with nursing homes and what steps they can take in order to protect their loved ones from harm and neglect, Ray Maples has authored an educational book entitled Restore the Dignity and offers it as a valuable resource in the fight against elder abuse and neglect. Having handled many cases related to the ongoing problems in nursing homes, Mr. Maples has a thorough understanding of how Oklahoma nursing homes operate and considers it his duty to make this knowledge available to his fellow Oklahomans.
Britax Child Restraints Recalled for Harness Defects
Britax Child Safety has issued a product defect recall for 14,220 child safety seats because of defective shoulder harnesses that may not hold the child in place in the event of a crash. According to a news report in The New York Times, the recall comes nine months after the company made a change in its manufacturing process to correct the defect. Product manufacturers are required under the law to notify federal safety authorities within five business days of its plan for a recall. Failing to do so can result in civil penalties. Britax sent the letter to the U.S. National Highway Traffic Safety Administration (NHTSA) only on January 26, 2012. Company officials tell the Times that they did not delay notifying the agency.
Britax started to receive complaints about the restraint failure on the Chaperone infant car seats since March. These defective seats were made between September 2010 and May 2011. The model numbers of the affected seats are E9L692J, E9L692K, E9L692L, and E9L692M. Britax traced the problem to a faulty aluminum rivet that is supposed to secure the harness strap adjuster to the seat. If the rivet breaks, the harness adjuster can detach, leaving the child unprotected in the event of a crash. Britax received 57 complaints related to the defect, but has no record of injuries or fatalities.
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One Killed, Four Injured in Oklahoma Car Accident
A 21-year-old man died and four others were injured in an Oklahoma car accident. According to a news report in The Tulsa World, the fatal car accident occurred five miles east of Durant on U.S. 70. The 21-year-old man was driving as he was texting on his cell phone, Oklahoma Highway Patrol officials say. He drove the 2002 Ford off the right side of the road, overcorrected, and then ran off the left side of the roadway. The vehicle rolled one and a quarter times.
The driver was ejected from the vehicle and died at the scene. Officials also believe he may have been under the influence. Two 18-year-old female passengers in the vehicle sustained head and internal injuries. A 20-year-old woman and a 19-year-old woman were transported to an area hospital in stable condition. One other 21-year-old male passenger was uninjured.
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Four Injured in Head-On Crash Caused by Wrong-Way Driver in Tulsa
A 19-year-old woman who was driving the wrong way on the Interstate 44 caused a head-on collision, which sent four people to the hospital with injuries, NewsOn6.com reports. Oklahoma Highway Patrol officials say the woman was traveling westbound in the eastbound lanes of the freeway when she struck another car head-on. The driver and two passengers of the second car were taken to a Tulsa hospital. They are said to be in stable condition. A teen passenger, also from the car that was hit, was taken to a regional medical center in critical condition. Officials say alcohol was the cause of the crash. An investigation is ongoing.
It is illegal under Oklahoma law to operate a motor vehicle under the influence of alcohol and/or drugs under OS § 11-902. It is also against the law to drive with a blood alcohol concentration of 0.08 percent or higher.
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Oklahoma DUI Collision Causes Injuries
A 61-year-old man was injured in an Oklahoma car accident after his vehicle was hit by a suspected drunk driver. According to a news report in the Sand Springs Leader, the injury crash happened on the Oklahoma Highway 99 south of Hominy. Oklahoma Highway Patrol officials say a 36-year-old Sand Springs man was southbound on the highway when he traveled left of center and struck the other vehicle, which was a minivan. The minivan spun 180 degrees and ran off the road, trapping its driver inside. The man was extricated and transported to a Tulsa hospital with leg injuries. He has been listed in stable condition. Troopers determined that the 36-year-old driver who caused the crash was under the influence of alcohol at the time.
Driving under the influence of alcohol and/or drugs is illegal under Oklahoma law. Under OS § 11-902, it is illegal to operate a motor vehicle while under the influence of alcohol and/or drugs. It is also against the law to drive with a blood alcohol concentration of 0.08 percent or higher.
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Four Workers Injured in Oklahoma Plant Explosion
Four employees sustained injuries in an explosion at an Edmond manufacturing business, which officials say was caused by a dust cloud and a kerosene heater. According to a news report in The Edmond Sun, the workers were trying to clear an obstruction in one of the machines at the plant when it became clogged. At the time, a pipe became disconnected and a polymer, which is a type of powdery substance, was released creating a dust cloud. The dust reached an industrial space heater, which operates on kerosene and had an open flame. This sparked the explosion. Four workers suffered burn injuries. Two of the employees suffered severe burns. The facility has been shut down pending an official investigation.
Burn injuries, in addition to being extremely painful, can also be extremely expensive to treat. According to the Bureau of Labor Statistics (BLS), a total of 4,547 people were killed in work-related accidents in the United States. Of those, 187 fatalities were caused by fires and explosions.
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Oklahoma Construction Accidents that Result in Permanent Disabilities
A construction site accident can result in extremely serious injuries that may result in permanent or lifelong disabilities. According to the U.S. Occupational Safety and Health Administration (OSHA), construction is the most dangerous industry in the United States. Construction sites have the potential for serious accidents, including falls, slip-trip-and-falls, trench cave-ins, scaffold collapses, falling debris, and equipment malfunctions. Construction accidents can result in catastrophic injuries such as limb amputations, blindness, head injury causing brain damage, spinal cord injuries (paralysis, quadriplegia, or paraplegia), shattered bones, or loss of hearing.
When workers suffer serious injuries on the job, they can seek compensation through the employer’s workers’ compensation insurance. However, often, Oklahoma workers’ compensation benefits may be inadequate when it comes to compensating those who are catastrophically injured and may never be able to work again. If the injuries were caused by a third party other than the employer, the worker can also file a third-party claim. Examples of third parties include: general contractors, sub-contractors, equipment maintenance firms, property owners, or manufacturers of defective products.
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