Oklahoma Personal Injury Legal Blog
Oklahoma House Bill Aims to Outlaw Texting While Driving
Oklahoma is considering a new law that would ban texting while driving, according to KRMG. AAA Oklahoma has decided to endorse the bill in an effort to make the roads safer and create awareness about the dangers of texting and driving. House Bill 1316 was created by Rep. Danny Morgan and has already been passed by the House Public Safety committee. It will now be voted on by the full House, with the decision deadline being March 17. If the anti-texting bill is not voted on by then, it will die.
So far, 33 states in the U.S., Washington, D.C., and Guam have passed anti-texting laws. AAA Oklahoma cites the two main reasons for the bill: their members have reported that they consider texting and emailing while driving a very serious threat to their safety; and results from a 2009 Virginia Tech Transportation Institute study, which concluded that motorists who text and drive are 23 times more likely to be involved in a car crash.
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Understanding Different Types of Cerebral Palsy
Cerebral palsy is a disorder that affects the part of a child’s brain that controls muscle tone. There are seven different types of the condition, each of which depends on the limitations of the child and which body parts are affected. The medical condition can occur when the baby sustains an injury before, during, or after birth. While cerebral palsy can be a confusing diagnosis, there have been instances where medical negligence contributed to the child’s injury and subsequent disorder.
The seven different types of cerebral palsy in Oklahoma include:
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Dentist Gives Up License due to Accusations of Oklahoma Medical Malpractice
A dentist from Tulsa, Oklahoma has voluntarily given up his license after multiple accusations of negligence, medical malpractice, and unnecessary dental procedures, according to NewsOn6.com. The dentist gave up his license only a few short days before the dental board was likely to revoke it. The article states that the dentist ran infomercials advertising a procedure that he had created, but patients who received the procedure complained of teeth that didn’t fit, breaking resin, intense pain, and dental work that needed to be redone. Some patients reported having trouble even eating such foods as apples and corn on the cob.
Because the dentist in question did not have Oklahoma medical malpractice insurance, many of his patients may be out of luck when it comes to recovering the procedure expenses. Only one patient was able to with a judgment against him. Depending on the extent of dental work was for each patient, the cost of the procedures varied between $15,000 – 50,000.
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Keeping Teen Drivers Safe on Oklahoma’s Roads
Teen drivers are more susceptible to being involved in a car accident in Oklahoma than other drivers for a few different reasons. Inexperience and immaturity combined with alcohol, infrequent use of seat belts, or speeding can lead to serious or even fatal injuries. The National Highway Traffic Safety Administration (NHTSA) has created a multi-tiered strategy to help reduce the number of motor vehicle crashes and fatalities among teen drivers, which consists of increasing seat belt use, implementing a graduated driver licensing program, educating parents on their responsibilities on helping their teen form safe driving habits, and reducing access to alcohol.
The NHTSA reports that teens are involved in three times as many car crashes as other drivers. Statistics show that one of the leading causes of death for teens is auto accidents at 35 percent. Distracted driving, which often involves the use of cell phones, adjusting car radios, talking with other vehicle occupants, drowsy driving, and drug use contribute heavily to teen fatalities in car accidents.
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Pastor Dies in Oklahoma Motorcycle Accident on I-35
A fatal motorcycle accident occurred on Wednesday, February 16, which left a 62-year-old pastor dead, according to KFOR. The crash happened around 4:30 p.m. as the man was exiting I-35 and lost control of the motorcycle when it hit sand on the roadway. The bike skidded on its side for about 100 feet before coming to a rest. After hitting the pavement, the motorcyclist suffered a fatal head injury, even though he was wearing a helmet.
Further investigation of this tragic motorcycle accident in Oklahoma will determine whether or not negligence had a contributing role in the cause of the crash. Since the man lost control when his bike hit the sand, investigators may want to figure out why the sand was there in the first place to determine if the sand was there due to a person’s mistake. Sand is frequently used to help stuck vehicles regain traction in the snow. Leftover sand could have contributed to the fatal Oklahoma motorcycle accident. While this is a plausible option, investigators may want to examine the motorcycle itself to ensure that all components were working properly and that there were no mechanical defects. If it is found that there was a faulty motorcycle part, the manufacturer of the bike could be held liable.
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SUV Removed From Springs River Days After Fatal Oklahoma Car Crash
The SUV that was involved in a fatal crash on February 3 that left three people dead was removed from Spring River on Saturday, February 12, according to NewsOn6.com. The accident occurred when the vehicle was traveling west on I-44 and hit a patch of ice, which caused the SUV to slam into a concrete wall before plunging 61 feet into the river below. Six people survived the accident while three others perished. Crews were unable to remove the vehicle from the river for over a week due to the intense storms that have been hitting the state.
Driving in snow and ice can be a daunting task, even to the most experienced motorist. It is of utmost importance for motorists to practice safe driving during snowy and icy weather or, if possible, avoid driving altogether. If you must drive during harsh weather conditions, there are a few precautions you can take that can help you in case of an emergency.
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Legislators Seek to Change Oklahoma Workers’ Compensation
New legislation is being sought to improve the way workers’ compensation lawsuits are treated in Oklahoma, according to an article on NewsOK.com. The governor of Oklahoma addressed the House and the Senate recently regarding her proposal to change the way personal injury lawsuits are handled in order to help injured workers in a more timely manner.
The governor stated that with the way things are now, Oklahoma workers’ compensation costs are too high and claims are not processed quickly enough. Currently, the state has roughly 170,000 open workers’ compensation claims. The governor wants to see a hard cap set for non-economic damages at $250,000 which would include pain and suffering. At this time, there is no cap; however, a bill was passed two years ago that would place a $400,000 cap on all negligence cases if legislators passed an indemnity fund, which would cover jury awards over that amount. No fund has been created thus far.
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Oklahoma Woman Severely Burned by Medical Negligence Speaks Out Against New Tort Reform
A new bill is being considered in Oklahoma that would place a $250,000 cap on noneconomic damages for personal injury cases. However, one Oklahoma woman is speaking out against the reform since she sustained severe burn injuries from the waist up due to medical negligence, in 2009 according to OKWatchdog.com. The retired eighth grade teacher, who had endured cancer and chemotherapy, underwent reconstructive surgery, during which a cauterizing tool ignited alcohol that had been used to disinfect the woman.
According to the woman, the cap would only further hurt those who had already suffered so much due to medical negligence in Oklahoma. The Joint Commission on Accreditation of Health Care Organizations (JCAHO) reports that approximately 100 medical fires occur each year, and result in at least 20 injuries and about two deaths. Because these types of injuries can be so severe and often require lifetime care, a $250,000 cap on noneconomic damages would cover only a small fraction of the suffering that some of these patients have been forced to suffer.
Man Sustains Head Injury in Two-Vehicle Crash in Ada, OK
A two-vehicle crash occurred south of Ada and left one man with a minor head injury, according to The Ada Evening News. The Oklahoma car accident occurred on Tuesday, February 8 when a 34-year-old driver of a Ford pickup failed to yield the right-of-way at a stop sign and pulled out in front of a 44-year-old driver of a Pontiac car. In turn, the Pontiac crashed into the pickup truck and forced both vehicles into the median. The driver of the Pontiac was taken to a local area hospital for treatment, while the pickup truck driver did not sustain any injuries.
Many car crashes in Oklahoma result in one or more motorists sustaining serious or even fatal injuries. Some serious injuries may include:
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Testing & Lead Content Certification in Children’s Products Extended by CPSC until December 2011
The U.S. Consumer Product Safety Commission (CPSC) has extended its testing and certification of lead content in children’s products until December 31, 2011. The decision was voted in on January 31 and requires importers and manufacturers of children’s products outside of the United States to have the proper certificates stating that the lead content in their products meets U.S. limits. If a certificate is not obtained from a CPSC-approved third party laboratory, then a manufacturer’s children’s products may not be sold in the U.S.
There are already federal restrictions in place regarding the total lead content in children’s products, but despite the extension of testing and certification, any manufacturer, importer, or retailer of children’s products must still adhere to these regulations.