Oklahoma Personal Injury Legal Blog
Single-Vehicle Car Crash Leaves Enid Man Dead
On January 29, an auto accident occurred when a 2007 Nissan pickup ran off the road on Oklahoma 58, according to EnidNews.com, and the 69-year-old driver was pronounced dead at the scene of the crash. When the man tried to correct himself, he over-corrected, which caused his pickup truck to veer right and flipped over at least three times. Unfortunately, he was not wearing his seat belt, and the man was ejected from the vehicle, suffering fatal head and chest injuries. It is not known why the vehicle left the road.
While the article states that the cause of the Oklahoma car crash was likely because the driver was “possibly sleepy,” further investigation will determine whether or not that was the true cause. Investigators will want to examine the vehicle to see if one or more of the pickup truck’s components could have failed or if there was some sort of defect that may have contributed to the accident. If it is found that a defective part or mechanical failure contributed to the crash, the victim’s family may be able to file a product liability lawsuit.
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You’ve Been in an Oklahoma Truck Accident: Now What?
Truck accidents in Oklahoma can be serious, and oftentimes leave those involved with severe or even fatal injuries. Depending on the circumstances of the crash, a person may sustain injuries that permanently alter the way they live their life. A fully loaded truck weighs approximately 80,000 pounds, and in addition to a truck’s sheer size, even a seemingly “small” accident can have dire consequences. A passenger vehicle can weigh anywhere between 3,000 pounds and 8,000 plus pounds, which is no match for a large commercial truck.
In 2009, large trucks were involved in 4,309 Oklahoma traffic accidents, with 76 of those crashes resulting in a fatality according to the Oklahoma Highway Safety Office. Approximately 1,230 of those accidents resulted in injuries of varying severity.
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Proper Seat Belt Use Could Save More than 200 Oklahomans’ Lives Annually
The Oklahoma State Department of Health has concluded that proper usage of seat belts could save hundreds of lives as well as save the state millions of dollars in medical care expenses, according to a Tulsa World article. Recent data compiled by the Health Department and the Oklahoma Highway Safety Office showed that out of 383 motor vehicle related deaths, 235 could have been prevented with the use of proper safety equipment. The most recent data compiled in the report was from 2008, during which it was established that roughly $5 million could have been saved on medical expenses related to these car accidents.
Seat belt use in Oklahoma is fairly high, although it varies by county. Carter County has the least amount of seat belt users at 72.1 percent, and the highest rate is that of Comanche County at 94.1 percent. The 2010 Seat Belt Observation Study performed y the Oklahoma Highway Safety Office showed that overall, 85.9 percent of Oklahomans buckle up. Nationally, one in seven motorists doesn’t use seat belts when driving. Seat belt use is more likely on highways than on smaller, local roads.
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Family Dollar Recalls Children’s Toy Tanks Due to Fire Hazard
Family Dollar Stores, Inc., of North Carolina is recalling approximately 67,000 children’s remote control tanks because of a fire hazard, according to the U.S. Consumer Product Safety Commission (CPSC). The Authentic Heroes Target Practice Tank play set was sold nationwide at Family Dollar Stores between September 2010 and December 2010 for about $5 each.
There have been five reports of the toy’s controller overheating and melting, posing a fire hazard to children. So far, no injuries have been reported. However, parents should immediately take away the toy, remove the batteries and return the tank and controller to the Family Dollar to prevent a fire or injuries from occurring. Full refunds of the toy will be issued upon return.
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Elderly Man Killed in Oklahoma Pedestrian Accident
A 79-year-old man was struck and killed by a hit-and-run driver as he crossed the street at Portland Avenue in Oklahoma City around 5 p.m. on Thursday, January 13 according to KFOR. Police stated that the victim was walking east when a southbound pickup truck struck him and then proceeded to drive away. The man was pronounced dead at the scene of the fatal Oklahoma pedestrian accident. Investigators state that the truck in question is a dark colored GMC or Chevrolet, full-size, extended cab with a chrome bumper and sustained front-end damage in the collision.
Pedestrian accidents in Oklahoma, as well as across the nation, occur more often than people think. According to the National Highway Traffic Safety Administration (NHTSA), in 2009, there were a total of 4,092 pedestrian fatalities in the United States, with 31 deaths occurring in Oklahoma. California had the highest number of pedestrian fatalities at 563, while Wyoming had the least amount, with two.
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Causes and Prevention of Cerebral Palsy in Oklahoma
Cerebral palsy is a medical condition that affects muscle control in children and babies. The development of the condition can take place before, during, and after birth. Genetic conditions and problems with getting enough blood supply to the child can take place within the first six months of pregnancy which may cause the brain to develop abnormally. Medical care in Oklahoma providers who fail to properly care for a mother before and during pregnancy and an infant’s birth can also contribute to the onset of cerebral palsy. Other causes occur after the brain has already developed and can be due to bacterial meningitis and other types of infections, severe jaundice, head injury, lack of oxygen, and bleeding in the brain. Additionally, children in Oklahoma who are born prematurely with a birth weight of less than 3 ½ pounds may be more susceptible to developing cerebral palsy.
Many birth injuries like cerebral palsy can be prevented; however, once developed, there is no cure. With the help of physical therapy, occupational therapy, medications, surgeries, and braces, many people who have cerebral palsy can lead relatively normal lives, depending on which part of their brain is affected by the condition.
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Nursing Home Health Care Reform May Have Positive Effects for Oklahomans
The next four years will be critical in reforming health care in nursing homes, assisted living facilities, adult-day care centers, and residential-care homes in Oklahoma and nationwide, according to an article on NewsOK.com. Approximately $777 million is being used to instigate reforms in nursing homes across the country, which will include immediate reporting of crimes to authorities, steep penalties for crimes that are not reported, criminal background checks by way of fingerprinting, and penalties against long-term care administrators who retaliate against whistleblowers. Facilities with “non-compliance” reports will be evaluated every six months. The article states that most reforms will begin in 2011 and 2012.
In addition, the reform will provide more thorough and accurate disclosure requirements, which will make it easier for law enforcement agencies as well as the general public to identify an owner of a nursing home or other elder care facility. Another requirement that these facilities will have to adapt is a 60-day notice of closure with relocation and transfer plans of all residents. The consequence for not doing so would be a fine upwards of $100,000.
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Crane Collapses While Working on Dam in Ponca City
The U.S. Army Corps of Engineers is investigating an accident involving a crane that collapsed while performing maintenance on a dam in Ponca City, Oklahoma, a news story from KOAM 7 reports. The construction accident occurred on Thursday, January 6 around 10:30 p.m. Thankfully, the crane operator was able to escape before the machine collapsed into the water and was not injured. At the time of the article’s publication, no conclusions had been reached about the cause of the accident.
While no injuries were sustained in this Oklahoma construction accident, it is all too common for serious injuries and even death to occur when workers operate heavy machinery such as cranes, bull dozers, and other construction equipment. According to the U.S. Bureau of Labor Statistics, in 2009, there were 818 construction-related fatalities in the country.
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Family to Pursue Lawsuit against Manufacturer of Playground Equipment Following Death of 9-Year-Old
A fatal playground accident that took the life of a 9-year-old girl was ruled accidental after an autopsy was performed according to Fox 23 News. The incident occurred in August of 2010 in Wyandotte, but only recently were the results of the autopsy made available. The child sustained a fatal concussion after falling off of a playground device called the X-wave, which is similar to a teeter-totter and manufactured by Minnesota-based Xccent.
The girl’s family was informed of the results of the autopsy and the family’s attorney is pursuing a settlement with the manufacturer of the playground equipment. So far, no settlement has been reached; however, a lawsuit may be filed if the family and Xccent cannot come to an agreement.
Safe Driving Practices During the Winter Season in Oklahoma
The winter months generally see an increase in car accidents on Oklahoma’s roadways due to snowy weather, which can significantly decrease visibility when driving as well as create ice patches. It is of utmost importance for Oklahoma residents as well as families across the nation to practice safe driving in order to reduce the risk of a car, truck, or motorcycle accident during the winter season. The following are some defensive driving tips that will help keep you and your family safe:
- Brake gently. Never slam on your brakes because you may end up skidding and losing control of the vehicle.
- Don’t speed. This is especially important during the winter months. Keep plenty of room (at least three car lengths) between you and the car in front of you in order to prevent rear end collisions from following too closely.
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