Loose Tires and Oklahoma Laws
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I’ve been reading a series of article from fellow injuryboard member Brooks Schuelke regarding the dangers of loose tires striking you on the roadway. Brooks posts are a very good discussion of the dangers and ways to recover in these type of incidents. As Brooks explains, loose and flying tires can cause serious car accidents and physical injuries.
The modes of recovery in Oklahoma are similar to those in Texas. You can have the third party (person who lost the tire) pay for your injuries. Also, if you have been smart enough to purchase uninsured/underinsured motorist coverage, you can also avail yourself to those benefits.
One thing I wanted to add is if you’re a construction worker, this can be a particular and deadly situation. We recently had the occasion to represent a road construction worker who was struck and killed by a loose tire from a passing semi. This truck had a loose tire that bounded off its axle striking the road construction worker.
Now of particular interest in this case was the conflict of laws issue. The trucking company wanted the law of a “tort reform” state to apply whereas we wanted Oklahoma law so that the family could get a fair and reasonable settlement, not one diluted by politicians playing juror. The trucking company fought hard but we eventually prevailed on this issue.
The moral is quite simple. Had the trucking company had its way, this persons family would have went unrepresented and they would have explained the “tort reform” states law applies and tricked the family into a bad settlement.