Oklahoma Personal Injury Legal Blog
Statement by Oklahoma State Rep. Mike Brown Criticizes Special Interests-Centered Public Policy
On April 18, Mike Brown of the Oklahoma House of Representatives issued a statement titled “Dismantling Democracy” in which he enumerates the various ways Republican public policy initiatives have supported the upper-class, insurance companies, and big business at the expense of average Oklahomans. The last seven years of poor public policy will directly or indirectly decrease the standard of living for middle-class working people.
Recent measures that have been introduced, pushed, and lauded by the Republican administration demonstrate that the wealthy, big business, and insurance companies are favored over the middle-class, working poor, disabled, and elderly. Their solution for Oklahoma’s revenue deficit is to reduce pension benefits while extending retirement ages; their steps to improve the struggling public education system are leading to taxpayer-funded private schools; their answer to economic development is to limit the public’s access to the courts and to place caps on valid damages in civil malpractice cases where the victim suffered permanent and substantial physical abnormalities or disfigurement.
Oklahoma Highway Patrol Emphasizes Motorcycle Safety
With the warmer temperatures of spring and summer come more motorcycles on Oklahoma roads and highways. Due to the high number of motorcyclist deaths in recent years, Oklahoma Highway Patrol (OHP) will be pushing motorcycle safety for the 2nd year in row, according to Fox23.com.
According to the OHP, 401 motorcyclists died in crashes in the state between 2006 and 2010. More specifically, 61 riders were killed in 2006, 74 in 2007, 87 in 2008, 105 in 2009, and 74 in 2010. The OHP began pushing motorcycle safety in 2010 as a result of the increase in motorcycle accident-related deaths between 2006 and 2009 and it seems to have worked since the number of motorcycle rider deaths dropped to 74 in 2010. The hope is that numbers will go down even more with emphasis on motorcycle safety this year.
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New Oklahoma Tort-Reform Affects Awarding of Damages to Injured Accident Victims
Mary Fallin, the governor of Oklahoma, recently signed three bills that would change the state’s civil justice system, according to TimesUnion.com. While supporters of the bills, which become law on November 1, believe that they will benefit the local business climate, opponents believe that these reforms put business and insurance interests ahead of injured Oklahomans.
The 3 proposed civil justice reform bills would affect a civil lawsuit in the following ways:
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Two Bartlesville Residents Injured in Tulsa Motorcycle Crash
A nighttime motorcycle accident over the weekend injured both the bike’s male driver and female passenger when the 2002 Harley Davidson left the U.S. Highway 75 northbound entrance ramp from State Highway 20, according to the Tulsa news website KJRH.com. Both the driver and passenger were taken to St. Johns Hospital, where the woman remains in critical condition with head, arm, and leg injuries; the driver received treatment for head and arm injuries has since been released.
According to state troopers, the motorcycle hit gravel and several holes after veering off the U.S. Highway 75 entrance ramp, after which it lost complete control and crashed onto the pavement, but not before both riders were ejected over 80 feet north of where the motorcycle crashed down. State troopers determined that the driver was impaired by alcohol, and therefore attributed driving under the influence as the cause of the Tulsa motorcycle accident.
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April Toyota Recall due to Faulty Tire Pressure Monitoring System
Gulf States Toyota is recalling approximately 1,500 cars beginning in April, according to the National Highway Traffic Safety Administration (NHTSA) website SafeCar.gov. This recall is due to defective tires; specifically, faulty tire pressure monitoring and regulating systems in the 2011 Toyota FJ Cruiser and 2009-2011 Toyota Tundra.
The affected Toyota models fail to comply with Federal Motor Vehicle Safety Standard No. 138, which refers to “Tire Pressure Monitoring Systems” (TPMS). The TPMS of the aforementioned models may not have been properly calibrated, resulting in the malfunction or altogether absent function of the low tire pressure warning light when the pressure of one or more tires has gone lower than the required limit. This increases the risk of driving with low pressure tires, which can subsequently result in tire failure, increasing the risk of an Oklahoma car accident.
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Oklahoma Nursing Home Residents Endangered by Employees with Criminal Pasts
Federal investigators have determined that 90 percent of U.S. nursing homes have at least one or two employees that have been convicted of one or more crimes. It was also shown that 5 percent of all nursing home employees have been criminally convicted at least once. This poses many dangers to nursing home residents who, because of their age and condition, are already vulnerable.
Although there is no federal law specifically requiring federal and/or state criminal background checks on nursing home employees, this study demonstrates that some more regulated form of employee screening is needed. Only ten states require that F.B.I. and state records be checked before hiring, and only 33 require a check of state records. Without a consistent system of background checks for potential nursing home employees, it is much too easy for potentially dangerous or reckless individuals to slip through the hiring process undetected. Once hired, they’ve secured a paying job that provides them with the opportunity to abuse, assault and steal from defenseless elders.
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Oklahoma City Car Accidents on Northwest Expressway Could Have Been Prevented
Two car wrecks within days of each other demonstrate how dangerous the Sara Rd. and Northwest Expressway intersection is, according to KFor.com. Earlier last week, there was an Oklahoma 4-injury car crash where 3 people were left in critical condition, and, on Friday March 25, a tanker truck, loaded with 8,000 gallons of fuel, exploded when it collided with a car driven by a teenage girl. Neither the truck driver nor the teenage girl was seriously injured though both tanker truck and car were on fire. The fire burned for 90 minutes before it was extinguished by firefighters. Both car wrecks occurred because a driver, attempting to cross the Northwest Expressway, was hit by oncoming traffic.
The manager of nearby Sundance Airport requested that Oklahoma City install a stoplight at the intersection of Sara Rd. and the Northwest Expressway 3 years ago. In 2008, the city completed a study, after which the stoplight was approved, however never installed. It is on the City Traffic Engineer’s “to-do” list, pending proper funding. Finding the money necessary to increase safety should be a priority.
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Texting Contributed to Oklahoma City SUV Crash
An evening high-speed car crash on March 11 resulted in multiple injuries and the near splitting in half of the high-speed driver’s car. According to NewsOK.com, a police report, released today, identifies text messaging as a possible contributing cause of the auto accident.
Investigators determined that the high-speed driver was travelling north at approximately 95 mph before he crashed on Rockwell Ave. south of Wilshire Boulevard. Eyewitness accounts described the car as having veered into southbound lanes and subsequently hit a sport utility vehicle. The high-speed driver was thrown from the car, which was wrecked. His teenage passenger and the occupants of the SUV were taken to hospitals with less serious injuries. The high-speed driver is currently in good condition at OU Medical Center where he remains hospitalized.
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Four Injured in Oklahoma City Northwest Expressway Car Crash
A recent night-time auto accident on the Northwest Expressway and Sara Road resulted in the hospitalization of 4 people, 3 of them in critical condition, according to KFOR.com. A pick-up truck heading southbound on Sara Road stopped at the Northwest Expressway stop sign properly, but proceeded to pull out directly in front of a minivan that was traveling westbound on the Northwest Expressway, resulting in a violent crash. All passengers and drivers were injured, one even being ejected from the vehicle.
Although the speed limit on the Northwest Expressway has already been lowered to 55 mph, from 65 mph, multiple accidents continue to occur in the same manner. Vehicles at the stop signs do stop, but pull away without watching for oncoming traffic. The comparatively high speeds of oncoming expressway vehicles make an Oklahoma City auto accident injury inevitable, and potentially fatal. The results of such an accident can include expensive hospital and rehabilitation bills, as well as emotional suffering, for the victim and their family. If there is a responsible party, then they can be held liable for those costs and damages. If you or a loved one have been involved in an auto accident, it is important to seek the advice of a knowledgeable Oklahoma auto accident attorney.
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Woman Dies After Fall Down Dumbwaiter Shaft in Oklahoma City Workplace Accident
A 21-year-old waitress from Oklahoma City was killed recently when the dumbwaiter she was operating malfunctioned and caused her to the fall down the lift shaft, according to NewsOK.com. Investigators believe that the waitress was either loading or unloading the dumbwaiter when the workplace accident occurred due to a mechanical malfunction. The woman was taken to an area hospital in critical condition, and died from her injuries three days later.
Dumbwaiters are designed to carry lightweight items. The shafts must be inspected each year; however, the dumbwaiters themselves are only required to be inspected upon installation. The restaurant was built in 1947, and the article states that the dumbwaiter likely was installed at that time. OSHA is launching a full investigation of the fatal Oklahoma City workplace accident.
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