Personal Injury
What to Do When You Believe You Have an Oklahoma Personal Injury Case
You’ve been injured in an Oklahoma car accident or work related accident. What should you do after you’ve sought medical attention? The answer is document, document, and document.
Oklahoma personal injury cases are heavily based on one’s ability to show that suffering was caused by the negligence of another. Providing proof requires documentation and sometimes, a large amount of it.
Read more about What to Do When You Believe You Have an Oklahoma Personal Injury Case
CPSC Warns of Fireworks Injuries During the Fourth of July
With the Fourth of July just around the corner, several Oklahoma residents have already begun celebrating with fireworks and other devices. While a patriotic spirit is to be encouraged, far too many citizens overlook safety when utilizing these potentially dangerous objects. A new study by the U.S. Consumer Product Safety Commission (CPSC) reveals that fireworks-related incidents were responsible for two deaths in 2009 and approximately 9,000 emergency room visits for injuries. According to the CPSC, throughout the 30 days near last year’s holiday, about 6,000 injuries involving fireworks were reported in which half of the injuries related to firecrackers, bottle rockets, and sparklers.
Consumers below the age of 20 are the most prone to fireworks injuries; however, the risk of serious injury or even death still exists for anyone within close proximity of fireworks or other pyrotechnics. Some common fireworks injuries and hazards include:
Read more about CPSC Warns of Fireworks Injuries During the Fourth of July
Hunting Accidents Can Cause Serious Personal Injury
Last May, a turkey hunter was shot in his left eye as he sat in a makeshift while turkey hunting. According to a Tulsa World report, the injured hunter was accidently shot by another hunter, who had mistakenly believed that he heard turkey sounds nearby. Apparently, when the defendant hunter awoke from a nap, he aimed his hunting rifle at what he believed were turkey decoys. In actuality, he had blinded another hunter who was perched up high in a tree also searching for turkey.
The defendant hunter was charged with the misdemeanor of reckless conduct of a firearm and he received a $900 fine for his actions that inflicted injury upon another. Additionally, the defendant hunter will be under supervised probation until January 2012, since he is a first-time offender.
Read more about Hunting Accidents Can Cause Serious Personal Injury
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.
Read more about Truck Hits Bus in Oklahoma City Traffic Accident, 2 Injured
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.
Read more about Alachua County Woman Awarded Millions for Husband’s Tobacco Death
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.
Read more about Toyota Continues to Deny Electronic System Defect in Vehicles
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.
Read more about Southwest OK DUI Accident Takes Child’s Life, Injures Sister
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.
Read more about Kansas Turnpike SUV Accident Takes Four Lives, Injures Fifth Person
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.
Read more about Over 800 Violations Found in Oklahoma Nursing Homes and Residential Care Facilities
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.
Read more about ODOT Negligent Action Can Result in Motorist Payout