Oklahoma Personal Injury Legal Blog
Three Killed in Oklahoma Car Accident
A 23-year-old Tulsa woman and two 26-year-old Coweta men were killed in an Oklahoma car accident involving a suspected drunk driver. According to a Muskogee Phoenix news report, the fatal car accident occurred at Oklahoma 51B and 181st Street near Coweta. Oklahoma Highway Patrol officials say a 44-year-old Porter man lost control of a 2007 Pontiac and struck an oncoming 2010 Chevrolet. The three fatally injured victims were pronounced dead at the scene of the crash and three others were hospitalized with unknown injuries. Officials say the driver of the Pontiac was under the influence of alcohol, and that two of the fatally injured victims were not wearing seatbelts.
According to the Oklahoma Department of Public Safety (ODPS), there were 245 fatalities and 3,248 injuries reported as a result of alcohol-related car accidents in Oklahoma in the year 2010. Under Oklahoma Title 47 Section 11-902: “It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state…who has a blood alcohol concentration of .08 percent or higher within two hours of the arrest.”
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Emergency Rescue in Oklahoma School Elevator Prompts Safety Questions
A recent emergency situation in an Oklahoma City school elevator concluded with a positive ending; however, it left serious questions about the safety of the premises and potential negligence on the part of inspections.
Local authorities were called to respond to a 911 emergency at the Classen School for Advanced Studies when three middle school girls became trapped in an elevator shaft with approximately one foot of space separating them from the elevator above. The elevator, which was installed in the school in the mid 1990s, is intended for use only by students who cannot utilize the stairway, and a key is needed to gain access. The old style elevator contains a door/ gate opening system that is meant to lock if the elevator is in motion. Officials are investigating how the girls were able to both enter and exit the elevator if it was in motion, or why they did, according to reporting by News OK. The girls were removed successfully by emergency personnel and reportedly sustained no significant injuries.
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Thanksgiving Cooking Safety Tips from the NFPA
This week dinner tables and kitchens across the country will be bustling with activity. And while that’s a recipe for great meals, it also presents increased risk scenarios for residential home fires. The National Fire Protection Association (NFPA) estimated the number of home kitchen fire accidents was three times the daily mean for the nation, according to data for 2009. In addition, fires originating in the kitchen are the leading cause of home fires in general. During the four year period between 2005 and 2009, fire departments answered to approximately 155,400 infernos resulting from kitchen equipment; those accidents caused an estimated annual median of $771 million in property destruction, 4,800 injuries, and 390 deaths. With that, let’s review some important safety rules offered by the NFPA for cooking this Thanksgiving.
- Don’t allow anything flammable near the stove or oven, including wooden tools, mitts, paper or plastic packages, towels, drapery, and clothes.
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What’s An Oklahoma Employer’s Safety Obligation During an Earthquake?
Oklahoma residents are familiar with volatile weather phenomena of all types, from blizzards to tornadoes. However, the recent earthquake took many by surprise, and shook up employers who may have considered the earthquake clause in their operational safety obligations to be a far fetched concern. What is an employer’s safety obligation in the event of a natural disaster? What is good additional practice? A recent piece by News OK addressed those questions and a few surrounding issues. Below are the main points.
- Under both state and federal law, Oklahoma businesses are required to have an emergency action procedure ready to execute. Those who employ over ten people must put that plan in writing, while smaller companies can tell employees in person. At the very least, such a procedure should address evacuation, operational issues, and emergency contact information for family members.
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Halliburton Sued For Oklahoma Groundwater Pollution
Corporate giant Halliburton is facing lawsuits for allegedly causing groundwater pollution surrounding a former work site in Oklahoma that performed missile casing maintenance for the U.S. Department of Defense (DOD). According to recent reporting by the Insurance Journal, the company carried out its missile maintenance duties at a semi rural location near Duncan, OK, from 1965 to 1991. The site was shut down part way into the 1990s.
The company admitted that an ingredient to the missile fuel (ammonium perchlorate which is a salt that is easily assimilated into water) was found in the ground and in nearby residential water sources near the work site. It also said that it was in the process of assessing the degree of tainting to the water, and would provide bottled water in the interim, and potentially a temporary safe water system if necessary. It did not release a liability and property damage speculations; however, a filing with the U.S. Securities and Exchange Commission (SEC) claims it has made estimates.
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Oklahoma Updates Safety Laws for Vehicle Drivers
A number of updates for laws governing Oklahoma drivers went into action on the first day of November, including one called Aaron’s Law. This law deals with increased punishments for individuals found in violation of highway safety rules, set by the Oklahoma Highway Safety Office.
Aaron’s Law is named after Aaron Zents, a teenager who was killed by another driver who ran through a red light in 2009. Because of the tragedy, legislators (with pressure from Aaron’s family and friends, as well as local communities) have increased the punishments for persons convicted of reckless driving and/ or violations of traffic devices or signs. At the time of Aaron’s accident, the driver who ran the red light was charged and convicted of misdemeanor vehicular manslaughter, fined $800, and placed under house probation for a year. Now, the same kind of accident would most likely warrant a severe felony manslaughter charge, according to reporting by News OK.
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Oklahoma Community Files Suit Against Big Energy Company
In the small town of Bokoshe, Oklahoma, toxic coal ash is unloaded in large truck loads by a local power plant. And after years of battling illnesses and gridlocked, bureaucratic state authorities on the hazardous civic problem, its residents have filed a class action lawsuit against over 20 businesses and individuals associated with the dumping zone, including the power plant’s owner/ international energy powerhouse AES Corporation.
Town residents involved in the lawsuit say the coal ash (also known as fly ash) has riddled their small community with elevated instances of cancer and respiratory diseases. Out of the 30 households in the nearest proximity to the dumping grounds, over one half have suffered cancer, according to reporting by News 6. Over 500 individuals residing in Bokoshe, or within three miles of the dump zone, are part of the lawsuit. In addition, those involved have put together an advocacy group and an accompanying web site with information and videos regarding the lawsuit and its surrounding circumstances. The suit alleges that the defendants oversaw the disposal of toxic waste into a residential area, and also launched efforts to deceive the local community with misinformation about the health risks associated with the dumping activities. Its goal is to stop the dumping, clean the area of waste, and provide remuneration for the treatment of any illnesses resulting from the exposure or damages to property.
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Federal Officials Call For Increased Safety at Oil Drilling Spots
In recently released data, the U.S. Chemical Safety Board (CSB) reported there have been 44 fatalities due to explosive accidents involving oil and gas drilling sites at locations throughout the nation. Nine of those deaths occurred in Oklahoma. But according to the board, every one of the tragedies could have been stopped by improved safety rules and procedures, as reported by News OK.
The agency presented a number of updated suggestions aimed at heightening safe workplace practices at oil and natural gas sites. The board also asked state regulators in Oklahoma, Mississippi, and Texas to mandate new rules for designing safer, contemporary oil and gas tanks that efficiently reduce the instance of explosions. The Oklahoma Corporation Commission said it is reviewing the board’s suggestions. Additionally, an official with the Chemical Safety Board told News OK that a lot of oil and natural gas production sites are located way too close (150 to 300 feet) from public establishments as well as homes, and do not have adequate signage or blockades to stop public entrance.
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Driven To Distraction: Seven Solutions for Staying Safe
Distracted driving is one of the most rampant and insidious hazards on the highway today. While increasing federal and state action has placed heightened awareness and enforcement on the dangerous activity, it remains at the top of crash causes. However, distracting driving is a hazard that can somewhat easily be prevented with knowledge and willpower. The Governor’s Highway Safety Association (GHSA) provided the following rules, and we extracted seven that every driver must abide by to eradicate distracted driving.
- Don’t use your phone. Cell phones are the most common causes of distracted driving. Disable the ringer when driving to avoid unintentional distraction or temptation.
- Never text behind the wheel. This is among the most deadly forms of cell phone use as it takes your eyes, mind, and hands away from the wheel.
- If you absolutely need to make a call, pull over to a parking lot or comparably safe region.
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Stay Protected on the Road during Wintry Weather Conditions
The rain and snow of the fall and winter season produce hazardous highway conditions each year. However, one way to make sure you’re ready for the weather is to check your car for safety issues. AAA Automobile Club issued some of the following advice for avoiding crashes and insurance claims.
- Be certain your lights are working: And always use them in bad weather. They not only permit you to see better, but they also allow other drivers to see you properly. Oklahoma law requires the use of full lights during bad weather, as well as properly functioning brake lights at all times.
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