Oklahoma Personal Injury Legal Blog
Truck Hits Bus in Oklahoma City Traffic Accident, 2 Injured
Reckless driving never ends well. Whether it’s failing to adhere to a stop sign, disregarding a changing traffic signal, or traveling at speeds in excess of the posted limit, motorists who fail to adhere to the rules of the road place themselves and all other motorists on the road in grave danger. According to a recent KOCO article, a two-vehicle accident involving a pickup truck and a city bus resulted in two injuries; one sustained by the driver of the truck and the other sustained by a passenger on the bus. Both victims sustained only minor injuries and are expected to fully recover.
The rules of the road are in place to protect motorists, and any deviation away from those rules can be labeled as negligence. While this Oklahoma City crash did not result in serious injury, many do. However, regardless of the severity of the accident, Oklahoma car accident injury victims can seek compensatory damages from negligent parties to help recover costs associated with the accident, such as medical bills and physical therapy fees.
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West Virginia Coal Mine Explosion Kills at Least 25
According to Oklahoma City’s koco.com, an underground explosion took the lives of at least 25 miners working in West Virginia’s Upper Big Branch mine. The explosion may have likely been caused by a buildup of methane gases. This accumulation may have resulted from improper ventilation. It is suspected that the explosion was ignited by a spark of some kind. Reportedly, the mining company who operates the coal mine, Massey Energy, has a less than stellar track record when it comes to employee safety.
Massey Energy is one of the largest coal producers in the country, owning 2.2 billion tons of coal reserves throughout West Virginia, Virginia, Tennessee, and Kentucky. However, in the past year, the coal company has been hit with federal inspector fines totaling more than $382,000 for multiple repeat infractions pertaining to improper venting techniques and venting equipment at the Upper Big Branch location. If methane gas is not allowed to properly vent, a buildup of the combustible can be ignited with the slightest spark of electricity.
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Qui Tam and the Whistleblower
While many people often connotatively associate the term “whistleblower” with something negative, this is not the case. In fact, individuals who choose to reveal corporate impropriety are providing a valuable service that the United States government appreciates and awards. Qui Tam litigation refers to just that. Specifically, if one party discovers that another party is in some way defrauding the United States government, then the party who informs the government of said fraud is entitled to a certain percentage of the monetary amount that the government was defrauded.
Qui Tam litigation can center around a variety of fraudulent activities in Oklahoma and throughout the United States. According to the False Claims Act, lawsuits may be brought against corporations or other entities that defraud the United States government by:
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Alachua County Woman Awarded Millions for Husband’s Tobacco Death
According to the Winston-Salem Journal, a widow was recently awarded a multi-million dollar settlement to be paid out by R.J. Reynolds Tobacco Co. While a spokeswoman for the tobacco giant revealed that the company plans to appeal the decision, this verdict is nevertheless emblematic of negligent companies being forced to take responsibility when their products have caused harm to consumers. In the above mentioned case, the widow was awarded $5 million in damages and $12.5 million in punitive damages, all because the woman’s husband died from lung cancer, presumably after using R.J. Reynolds Tobacco Co. products.
Regardless of what type of product a person uses, the company responsible for that product has the obligation to manufacture a product that is free of defect, safe for consumers to use under normal conditions, and does not pose an unreasonable threat to a consumer’s well-being. In instances where a defective or faulty product harms a consumer, or if a product is improperly labeled or lacking an accurate warning notice, the consumer may be able to seek damages from the product’s manufacturer. Negligent manufacturer behavior can take multiple forms, but the most common types stem from the product’s initial design, the way the product is manufactured, and the way in which consumers are warned of potential hazards that a product poses via the product’s packaging and warning labels.
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Toyota Continues to Deny Electronic System Defect in Vehicles
On the heels of Toyota defect recall after recall, Toyota Motor Corporation is sticking by its claim that the issues causing its vehicles to unintentionally accelerate are not related to faulty electronic safety systems. Specifically, Toyota maintains that instances of unintended acceleration are caused either by gas pedals remaining in the depressed position due to an easy-to-fix mechanical problem or faulty floor mats. According to a Reuters.com article, Toyota has discredited outside sources which conclude that the issues surrounding Toyota vehicles may stem from electronic system errors.
Reportedly, Professor David Gilbert, an auto engineering expert at Southern Illinois University, was able to replicate the unintended acceleration scenario in which so many motorists have already been injured or lost their lives. Professor Gilbert did this by manipulating the Toyota vehicles’ electronic throttle control system. However, Toyota Motor Corporation representatives and researchers make the claim that conditions under which the unintended acceleration instances were brought about were hardly indicative of real world driving conditions. Therefore, the results of this study could not be used as evidence that the unintended acceleration issues were being caused by an electronic safety system malfunction.
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Southwest OK DUI Accident Takes Child’s Life, Injures Sister
Driving while under the influence of alcohol or drugs often ends in tragedy. Personal injury up to and including wrongful death are prevalent in such types of cases, as a recent incident in southwest Oklahoma City illustrates. According to a news9.com article, a fatal accident involving a 60-year-old driver who was under-the-influence and a family of four ended with serious injuries befalling two children, one of whom lost his life.
Reportedly, the negligent driver ran into the family’s car while they were stopped at a red light near the intersection of I-240 Service Road and Western Avenue. The family’s car was consequently pushed into the intersection, where it was struck by a third vehicle attempting to make a left hand turn. The impaired driver deemed responsible for the accident then proceeded to crash his own vehicle into a utility pole. The two children in the family car, ages 5 and 3, were both taken to the hospital. However, the 5-year-old boy was unable to recover from his injuries, ultimately losing his life.
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Inattentive Teen Looks for Gum but Finds Back of Truck in Rogers County Crash
Driver inattention never ends well. Distracted driving practices, whether it is talking or texting on a cell phone, carrying on a conversation with another passenger in the vehicle, or simply taking one’s eyes off the road, often end in a vehicular accident of some kind, which can result in motorist personal injury. A recent tulsaworld.com article explains that a crash in Rogers County involving two vehicles occurred simply because one of the motorists was searching for a piece of gum at the time of the collision.
Reportedly, the accident took place on Oklahoma 266 going westbound where the road intersects with 4100 Road. A 1995 Ford driven by a 58-year-old Claremore man, while waiting to make a right-hand turn onto 4100 Road, was struck from behind by a 19-year-old motorist driving a 2005 Jeep. A 55-year-old Morton man who was a passenger in the truck sustained head and internal injuries, and was listed in critical condition at St. Francis Hospital. The Claremore man sustained arm injuries, while the 19-year-old was not injured at all. According to Oklahoma Highway Patrol, the teenager was allegedly looking into the center console of the Jeep at the time of the crash, apparently searching for a piece of gum.
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Kansas Turnpike SUV Accident Takes Four Lives, Injures Fifth Person
An SUV accident on the Kansas Turnpike resulted in the deaths of four people and the injury of one more near the Kansas-Oklahoma state border. According to a kansascity.com article, the accident took place when the driver of the SUV attempted to make a U-turn in front of a semitrailer and the two vehicles collided. It was not discussed whether a driving infraction was committed at the time of the incident, or if any other negligent action played a determining role in causing the accident.
The Wellington, Kansas accident took the lives of two males, ages 39 and 27, and two females, ages 22 and 23. A 27-year-old male was also seriously injured during the accident and taken to Wesley Medical Center in Wichita. The driver of the semitrailer was not injured and did not require medical attention. Although it was not stated in the report, a more thorough investigation into the cause of this accident will undoubtedly take place.
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Over 800 Violations Found in Oklahoma Nursing Homes and Residential Care Facilities
We entrust nursing homes to properly care for our loved ones who can’t necessarily take care of themselves. Unfortunately, the Oklahoma State Department of Health has recently cited more than 830 violations, some of which include resident theft, unsanitary conditions, and even threats of physical violence against residents. These violations took place in residential care homes in the state of Oklahoma between the time periods of late 2006 to early 2009, according to a two-part tulsaworld.com report.
Residential care homes slightly differ from nursing homes in that residents are not necessarily elderly; instead, they are typically mentally inhibited which prevents them from safely living on their own. However, the similar type of treatment received at both facilities should never be characterized, as the article points out, by acts of rape, sexual abuse, or general mistreatment that leads to serious injury or fatality. Other documented cases of inappropriate treatment include residents being forced to live in filthy, unsanitary conditions, and even being supervised by convicted felons. Regardless of what kind of poor treatment residents receive, negligent nursing homes and caregivers who fail to provide safe living conditions need to be held accountable for that failure in a court of law.
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ODOT Negligent Action Can Result in Motorist Payout
The Oklahoma Department of Transportation (ODOT) is responsible for the upkeep of Oklahoma roads and highways (not all of them though, as some roads are city or privately owned). This helps ensure that motorists are not put in harm’s way when traveling. However, upkeep can often be lax. For instance, dangerous road conditions can arise and unsuspecting Oklahoma motorists may become involved in traffic accidents that could ultimately result in personal injury or even wrongful death. According to an article featured on tulsaworld.com, ODOT has compensated motorists more than $465,000 since 2005 for such incidents.
Reportedly, the ODOT will compensate affected motorists if they provide evidence which shows that the ODOT was in some way negligent in allowing for vehicles to be affected by unsafe road conditions, such as potholes and other road impairments. For example, a Rogers County man was awarded $62,500 in 2009 for what was deemed to be a “dangerous interchange/failure to warn.” However, it should be noted that the ODOT must accept that negligence took place. For all instances where an individual is affected by a matter that the ODOT was not aware of, no such compensation will be granted. Nevertheless, anyone injured in an auto accident may want to consider contacting an experienced Oklahoma auto accident attorney who will protect their rights and help hold negligent parties liable for injuries sustained.
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