Oklahoma City Personal Injury Lawyer

Truck Driver in Oklahoma Deadly Wreck Could Face Negligent Homicide Charges

Jeremy Thurman — Mon, 29 Jun 2009 14:52:43 GMT

This story keeps growing for those who have kept track of this catastrophic trucking collision that has thus far killed 10 people. Now newsok.com is reporting that the driver of the vehicle could face 10 counts of negligent homicide.

According to the website

District Attorney Eddie Wyant said that based on what he knows now about Friday’s crash on the Will Rogers Turnpike, the driver of the truck, Donald Creed, 76, of Willard, Mo., could face one count of negligent homicide for each of the 10 people killed in the crash.

Originally posted at InjuryBoard by Jeremy Thurman

Truck Driver Speeding - Details Emerge on the Deadly Oklahoma Tractor-Trailer Collision

Jeremy Thurman — Mon, 29 Jun 2009 10:50:07 GMT

In keeping you updated on the horrific tractor-trailer collision in NE Oklahoma last Friday on the Will Rogers Turnpike, new information has emerged. If you do not recall, the latest death tally from this accident is 10 while a little girl remains hospitilized in critical condition in Kansas City. The Tulsa World is reporting that speed was a critical factor in the accident. Below is a quote contained in the Tulsa World from the Oklahoma Highway Patrol.

Oklahoma Highway Patrol troopers believe a tractor-trailer that was traveling too fast is to blame for a seven-vehicle pileup on the Will Rogers Turnpike that left nine people dead on Friday.

Donald Creed, 76, of Willard, Mo., was driving at an unsafe speed for traffic conditions, according to OHP reports. The speed limit in the area is 75 mph.

We have litigated several accidents where truck drivers were cited for unsafe speed and the reasons behind that unsafe speed were usually drivers being pushed by the Trucking Company to get a delivery on time or various other reasons. Studies continually show that speeding is one of the major causes of trucking accidents.

According to a study done by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) on large truck crashses. Over 23% were the result of a tractor-trailer speeding.

Why is speeding significant. I will save that blog for another day in discussing some biological examples of what happens at faster impacts. Nonetheless, it does not take science for one to understand that the faster a vehicle weighing over 10,000 lbs hits someone, the more deadly the crash may be.

Originally posted at InjuryBoard by Jeremy Thurman

Three Dead in Norman Oklahoma Crash

Jeremy Thurman — Mon, 29 Jun 2009 07:00:00 GMT

Newsok.com is reporting that three people are dead while a fourth is in critical condition after their car hit a tree in Norman. According to the article

Investigators said the accident occurred on Rock Creek Road east of NE 24 at about 12:19 a.m. The car was eastbound at a high rate of speed when the driver apparently lost control, left the roadway and struck a tree, police said.

While this accident is truly tragic and our prayer are with the families, it underscores a little secret that many insurance companies would like to hide from the general public. That secret is that whether family, friends or even enemy, if you are a passenger in a car in Oklahoma wherein the driver is negligent and you are hurt you can recover against the driver and his or her insurance policy. These monies are important not only for hospital bills but also for funeral expenses which are many times in excess of $10,000.00.

Also, there are several other factors that insurance companies don't want you to know. The first one is that it is very difficult to ever show that a passenger was contributory negligent in an accident. I will comment on this in the coming days and cite examples from actual cases.

Originally posted at InjuryBoard by Jeremy Thurman

Oklahoma Semi Accident Claims 10th (tenth) Victim

Jeremy Thurman — Sun, 28 Jun 2009 21:45:44 GMT

Life in America is full of walking contradictions. As Michael Jackson’s death continues to captivate the news we seem to be completely ignoring the horrific semi accident that happened in Oklahoma on Friday. As a grim reminder, Newsok.com is reporting that the accident claimed its 10^th victim today with the death of a 35 year old Texas woman. The website is also reporting that a 12 year old Arizona girl remains in critical condition with head and internal injuries in a Kansas City hospital. It is our hope that this courageous young lady recovers from her injuries to live a wonderful life. Our thoughts and prayers are with her.

In the coming days, investigators will try and figure out what went wrong and caused this 76 year old driver to plow into stalled traffic. However, as investigators attempt to sort through the wreckage, one thing ever person who drives an automobile should be reminded of is to pay the appropriate respect to the dangerous tractor-trailers. How often do we see people cutting these massive trucks off on the road and/or risking their lives in an attempt save a precious few minutes? This accident, if anything, should teach us the raw power these semis posses and the catastrophic damages they can cause.

If you want to see the catastrophic dangers of trucking accident, look no further than the statistics. I found the fallow “Large Truck Crash Facts” from smartmotorist.com.

· 5,374 people were killed in crashes involving large trucks in 1998, representing thirteen percent of all traffic fatalities. Of these, 78 percent were occupants of another vehicle, 14 percent were large truck occupants and 8 percent were non-occupants. An additional 123,000 people were injured in those crashes. (National Highway

Traffic Safety Administration, or NHTSA)

· In 1997, large trucks made up three percent of all registered vehicles and seven percent of all vehicle miles traveled. Yet, large trucks constituted nine percent of all vehicles involved in fatal crashes, and four percent of all vehicles involved in injury and property-damage-only crashes that year. (NHTSA, 1999)

· In 1998, large trucks were more likely to be involved in a fatal multiple-vehicle crashes opposed to a single-vehicle crash than were passenger vehicles (84 percent of all large trucks in fatal crashes, compared with 62 percent of all passenger vehicles). (NHTSA, 1999)

· One out of eight traffic crash fatalities in 1998 was the result of a collision involving a large truck. (NHTSA, 1999)

· Most of the fatal crashes involving large trucks occur in rural areas (67 percent), during the day (68 percent) and on weekdays (80 percent). (NHTSA, 1999)

· A loaded tractor-trailer requires 20-40 percent further stopping distance than a car. With an empty trailer, the discrepancy between the truck and the car is even greater. (NHTSA, 1999)

· Of the trucks with out-of-service violations, more than one-third of them have problems with brakes. (Federal Highway Administration, 1998)

· All new tractors and trailers are required to have anti-lock brakes. Anti-lock braking systems are effective in preventing wheel lock and loss of steering in emergency stopping, especially on wet roads.

· Federal regulations allow drivers of large trucks to drive up to 16 hours a day. However, drivers under the regulations can compile 60 hours in less than five days by alternating ten hours of maximum permitted continuous driving with the minimum eight hours off duty. Surveys reveal that many drivers of large trucks violate the regulations on hours of service. Studies also show that driver fatigue plays a role in large truck crashes and that drivers are more likely to crash after many long hours of driving. (IIHS) The Department of Transportation is currently considering a revision of these hours-of-service rules.

· Almost 30 percent of large truck drivers involved in fatal crashes in 1998 had at least one prior conviction for speeding, compared to slightly less than 20 percent of the passenger vehicle drivers in fatal crashes. (NHTSA, 1999)

Originally posted at InjuryBoard by Jeremy Thurman

Trucking Litigtion - How to Level the Playing Field Against the Trucking Company

Jeremy Thurman — Sat, 27 Jun 2009 23:32:59 GMT

On June 26, 2009 we saw one of the most horrific trucking accidents Oklahoma has ever suffered. You may recall that 9 people were killed in that accident and several others injured when 76 trucker plowed into a line of congested traffic on the Will Rogers Turnpike NE of Tulsa Oklahoma. I blogged on the subject which drew several comments from visitors who had seen the carnage of the accident and even a relative of some of those involved in the accident. In discussing this tragic accident, it occurred to me the importance in this or any semi accident to retain an attorney early in litigation.

One thing every individual who has tried to navigate a trucking accident without an attorney knows is that you are not on level ground when dealing with a trucking company. Trucking companies are highly skilled at truck accident investigations and claims. In any significant trucking accident, the Truck company will send out accident investigators that are on call will be dispatched to the scene of the crash as soon as the trucking company learns there has been an accident. This very action has already put you behind the proverbial eight ball.

The truth is simple, while you are attending to medical care, therapy or even funeral arrangement; the trucking company has already began a defense of the potential lawsuit. You need to level the playing ground and the only way our society allows us to do this is to seek legal counsel. However, don’t be fooled that anyone can litigate against a trucking company. You need to make sure you have a local attorney who has a team of investigators ready to immediately take up your fight.

Originally posted at InjuryBoard by Jeremy Thurman

New Information On Will Rogers Tractor-trailer Crash Emerging

Jeremy Thurman — Sat, 27 Jun 2009 14:09:35 GMT

According to newsok.com, new details are starting to emerge about the catastrophic crash that took place on the Will Rogers Turnpike NE of Tulsa yesterday. Oklahoma highway patrolmen are stating that:

Oklahoma Highway Patrol troopers can’t remember a worse wreck than the one that killed nine people Friday on the Will Rogers Turnpike, a spokesman said.

Even more interesting is the fact that the semi driver was 76 years old. I fully recognize that this is pure speculation on my part but one of the first thing a trucking attorney must do is analyze areas in which a Federal regulations may have been broken by the Trucking Company. As a Trucking Lawyer one of the issues we look into is whether any violations of 49 CFR Part 391.41 were broken. This rule states the following in regard to CDL "Driver Physical Requirements"

Examples of physical requirements:

Has no loss of a foot, a leg, a hand, or an arm.

Has no established medical history or clinical diagnosis of diabetes requiring insulin for control. (injection only)

Has no clinical diagnosis of any disqualifying heart disease.

Has no clinical diagnosis of epilepsy.

Has 20/40 vision or better with corrective lenses.

Has the ability to recognize the colors (red, green and amber) of traffic signals.

Has hearing to perceive a forced whisper.

Has no history of drug use.

Has no clinical diagnosis of alcoholism.

Obviously, we don’t know whether the gentleman driving this vehicle suffered from any of these conditions. However, these are areas that will be investigated by the appropriate officials as more details emerge about this catastrophic collision.

Originally posted at InjuryBoard by Jeremy Thurman

9 People Confirmed Dead in NE Oklahoma Tractor-Trailer Accident

Jeremy Thurman — Fri, 26 Jun 2009 23:41:16 GMT

As national headlines focus on the passing of Michael Jackson and Farrah Fawcett, a tragedy of worse proportion happened in Oklahoma today. According to Newsok.com, 9 people are now confirmed dead after a tractor-trailer slammed into a line carss stopped by an earlier accident involving a tractor-trailer. The accident happened on the Will Rogers Turnpike northeast of Miami

According to the Highway Patrol and newsok.com,

Investigators don't believe the driver of the tractor-trailer tried to stop before the crash that left eight adults and one child dead, Brown said. The speed limit in the area is 75 mph. A criminal investigation was being conducted, as is routine after a fatal accident, and blood was drawn from the truck driver.

This is a tragic accident on a hot sunny day in Oklahoma. The pictures of dangled metal, fluids and crushed cars on the Oklahoma is astounding and I can simply say my prayers are with the deceased and injured. At a normal time, this might garner national headlines. However, with Michael Jackson’s passing, sadly that won’t be the case.

I hope at some point the issues associated with interstate truck driving come more to the public light. I have no idea of why this driver failed to even slow down, but in my experience in litigating these types of incidents, often times these truck drivers are pushed to drive fast and too many hours by various trucking companies. While this blog is reporting of this tragic accident, I will be discussing in the near future various issues relating to trucking companies and the secrets they don’t won’t the public to know.

UPDATE: The AP is reporting that there are two survivors of the above Oklahoma traffic wreck that killed nine people. A 12 year old young lady and 35 year old woman are listed in critical condition according to the article. As a father of three girls this is truly heart wrenching so please keep these two people in your prayers.

I also wanted to point out that the article says that the

police said they will give prosecutors the results of their investigation to decide whether to bring any charges after the chain-reaction crash on the turnpike that saw some victims pinned in the wreckage for up to nine hours.

Keep in mind that criminal charges don't equate to civil charges. Irregardless of whether criminal charges are filed their is obviously gross negligence on the part of the truck driver. As an attorney who actively works in trucking litigaton, one can only wonder about the circumstantial facts regarding the age of the trucker and the liability the trucking company may have.

Originally posted at InjuryBoard by Jeremy Thurman

Debate Over Use of Video Cameras in Nursing Home Residents Rooms

Margaret Embry — Wed, 27 May 2009 16:32:27 GMT

With the number of nursing home abuse claims so high, Oklahoma County District Attorney David Prater believes that families should be allowed to install video cameras in the rooms of state nursing home residents.

In the May 1, 2009 edition of Tulsa World, Prater was quoted during a hearing on nursing homes at the state Capitol as saying,

If they're aboveboard and fully staffed and take care of the residents, what do they have to hide? I would think they would offer that option to the residents.

Executive Director of the Oklahoma Association of Health Care Providers, Becky Moore, explained that there are cameras in the common areas of most nursing homes. While there is no law against putting cameras in residents' rooms, many residents are hesitant to have the cameras installed. She states that this hesitation is due to the fact that most personal care takes place at bedside and many residents do not want their personal care filmed.

Moore went on to say that she believes having cameras in residents' rooms would be an issue for providers because a camera "in more cases than not is used to sue a nursing facility."

Originally posted at InjuryBoard by Margaret Embry

Great Op-Ed on Tort Reform (Civl Amnesty) in Oklahoma

Jeremy Thurman — Thu, 05 Feb 2009 11:01:00 GMT

I wanted to alert everyone to a spectacularly written article by conservative Oklahoma trial lawyer Fletcher Handley. The article appeared in the El Reno Tribune and speaks to the truth about what the Oklahoma GOP is attempting to do to the average everyday Oklahoman with what they call tort reform, but what can more aptly be characterized as civil amnesty.

The article states:

It's also disturbing because there is absolutely no evidence that it is necessary in Oklahoma. Promoters argue that these bills are aimed to limit “frivolous lawsuits.” Such lawsuits don't make anyone money and for the most part simply don't exist in Oklahoma. Ask any judge. That doesn't mean that most people who get sued don't think the suit against them is frivolous. But that's why we built courthouses. Last year, when it was pointed out that these same legislators presented no evidence of a lawsuit crisis in Oklahoma, they responded that there was “anecdotal” evidence. That's the kind you hear from your brother-in-law or see on the Internet that simply isn't true. Big business and big insurance have long filled up the Internet with false stories about far-out lawsuits. People suing on a fire policy after smoking cigars and suing Winnebago because their motor home wouldn't drive itself. About 30 seconds on Snopes.com or any reputable fact-checking Web site shows these all to be lies.

In 2006, when the Tulsa World surveyed likely voters about the important issues facing Oklahoma, lawsuit reform was not among the top 20 issues raised. That's because it simply is not an issue, except to politicians who owe their election, their political existence and maybe their souls to Big Business and Big Insurance.

I encourage everyone to read the rest of the article. I too have been a lifelong conservative and find it disgraceful what the Oklahoma Republican party is attempting to do to average Oklahomans.

Originally posted at InjuryBoard by Jeremy Thurman

Dallas Cowboy's Plight Should Remind Oklahomans what Tort Reform (Amnesty) Is All About

Jeremy Thurman — Wed, 04 Feb 2009 17:41:00 GMT

As we engage in the battle against caps and draconian like civil amnesty sought by Oklahoma GOP leaders for their big business, I wanted to let everyone read the article about Ron Springs, former Dallas Cowboy, whose family is taking a stand on his behalf to fight off these arbitrary limits placed by greedy insurance companies and their politicians. The Houston Chronicle recently ran a story where Mr. Springs as well as several other Plaintiffs are challenging the omnibus restrictions placed on medical malpractice cases in Texas.

The article states that:

“the lawsuit, filed in the U.S. District Court for the Eastern District of Texas in Marshall, challenges the 2003 Medical Malpractice and Tort Reform Act, which limits awards in Texas. The lawsuit asks the court to declare the cap unconstitutional… In January, Springs' wife filed a medical malpractice lawsuit against two doctors she said caused her husband's brain damage during a routine surgery to remove a cyst.”

That’s what we are facing here in Oklahoma. Oklahoma Senate and House republicans are doing the most unconservative thing, they are allowing big government to usurp 12 jurors usually made up of teachers, paper mill workers, nurses et. al. and tell an injured party what compensation they can and cannot have.

In Oklahoma we have become easily distracted by extremists' such as Mr. Coffee and other GOP members that we don't hear each other and we don't work together for true conservative causes. Do we want to keep this great state for ourselves, or slowly lose it to the corporations, banking interests, Big Oil, and powerful families of Oklahoma whose interest are what the Bible warns us about, pure greed? If we want this state, then we have to stop this nonsense of blindly placing our hopes in these partisan leaders, who all rely on campaign contributions from those very groups who write these omnibus civil amnesty bills, and start being involved citizens, watchdogging our representatives and holding them accountable to true conservative principles. Conservatism is not dead, simply these republicans cloaked as conservatives have forgot what conservatism really is. Speak up Oklahoma.

Originally posted at InjuryBoard by Jeremy Thurman