Oklahoma City Personal Injury Lawyer - Motor Vehicle Accidents

Two Chouteau Woman Dead in Car Wreck

Jeremy Thurman — Fri, 28 Mar 2008 22:38:38 GMT

In a sad story, Newsok.com is reporting that two Chouteau women died Friday when a teenager ran a stop sign and slammed into the car in which they were riding, according to the Oklahoma Highway Patrol.

Betty Day Ashley, 61, and Joana K. Hanna, 54, died at the scene of the wreck, which occurred about 3:25 p.m. about two miles southwest of Bartlesville on a Washington County road.

Troopers said 18-year-old Bartlesville resident James Dawson Eckhart was southbound on a county road when he ran the stop sign in his pickup. Eckhart crashed into a westbound car driven by James W. Ashley, a 64-year-old Chouteau resident.

Eckhart was treated and released at a Bartlesville hospital, the patrol said. James Ashley was taken to the same hospital in fair condition with head and trunk injuries.

Eckhart was not wearing a seat belt, troopers said, but Hanna and the Ashleys were.

Originally posted at InjuryBoard by Jeremy Thurman

Children Injured in Calera Oklahoma Crash

Jeremy Thurman — Sat, 22 Mar 2008 22:44:46 GMT

I know as attorneys I tend to sometimes get numb to different accidents and the horrific injuries and sometimes death I see. That said, I am always a father, husband and family man first and attorney second. I don't know how a person could survive any other way.

Considering the above, I hate to report that two children were hurt in car wreck in Durant Oklahoma. The car accident involved injuries to a seven year old and an infant. I will post the story below, but felt that I should write that these are the most difficult yet most rewarding types of cases you can work on. Car accidents involving children hurt me to the deepest depths but when a claim is resolved with the insurance company or through litigation, an overwhelming sense of having done what I do is incredible. Its truly a high to see your works come to fruition for the benefit of a child.

So on this Easter as we attend Church tomorrow, say a prayer for these children and all involved in the car wreck being reported by the Durant Daily Democrat. On a side note, I grew up in this area and attended undergraduate school in Durant, so this story hits home a little closer.

The following is the story as reported by the Durant Daily Democrat.

CALERA -- Two children were among five people injured in an automobile wreck early Friday afternoon.

Three people, including a 7-year-old boy, were flown from the scene by medical helicopters, according to Calera Police Chief Don Hyde. The wreck happened at 12:22 p.m. on Highway 69/75 at Platter Road. Three helicopters responded to the crash.

According to Hyde, Maudine Clelland, 84, Durant was traveling east on Platter Road and attempting to cross the highway and go north when she drove her Chrysler into the path of a Pontiac driven by Chastity Birt, 26, Arlington, Texas.

Birt's car then struck Clelland's. Hyde said Birt's two children, a 7-year-old boy, and an 8-month-old girl were passengers. The boy was flown by LifeStar helicopter to Dallas, Texas, to be treated for multiple, serious injuries. His exact condition was not known at press time.

The infant and her mother were both taken by Colbert EMS to Texoma Medical Center in Denison, Texas. The infant did not have serious injuries and the mother was in stable condition, Hyde said.

Mrs. Clelland was flown by EagleMed helicopter to a Dallas hospital and is being treated for head, trunk and neck injuries. Her husband, C.E. Clelland, 91, who was a passenger, was flown by LifeStar to Dallas, and he sustained head, leg and arm injuries.

Both are in stable condition, in the intensive care unit, according to police.

Hyde credited the assistance of Bryan County EMS, Calera Fire & Rescue, Oklahoma Highway Patrol, Colbert EMS and the Bryan County Sheriff's Office. In addition to the accident, traffic has been slowed in the area due to road construction.

"There was absolutely no way we could have gotten through this, with the construction and all, without their help," Hyde said.

Also Friday, authorities responded to a two-vehicle crash at 4:48 p.m. on East Highway 70 at J.C. Potter Sausage, and in the evening, a four-wheeler accident in the 5500 block of Shady Grove Road south of Bennington.

According to a dispatch log, two people were injured after flipping an all-terrain vehicle at 6:42 p.m. A medical helicopter was dispatched to this accident.

Originally posted at InjuryBoard by Jeremy Thurman

Semi Flies Off the Road near Purcell Oklahoma

Jeremy Thurman — Thu, 20 Mar 2008 20:05:34 GMT

The Purcell Register is reporting that a Texas man remained in critical condition Tuesday after the semi he was driving left the interstate and landed on state Highway 74 (Grant Street) in Purcell. This is a horrible accident that shows the devastation a semi can cause in an accident. Our prayers go out to the families of those effecting by this trucking accident. I've posted the story below.

The accident involving a semi and car occurred at 11:02 a.m. Monday at the 94 mile marker on Interstate 35.
A 2004 Saturn, driven by Hillary Stickler, 23, of Florida, was driving north at a high rate of speed and passing other vehicles on the inside median (in the grass), Trooper Jason McAlister said.

The Saturn swerved back onto the interstate, lost control and struck the outside guard rail four times before coming to rest in the outside lane. The car was facing south. The 1999 International semi pulling a trailer, driven by Little Harris, 39, of Fort Worth, Texas, was traveling north in the outside lane.

McAlister said Harris took evasive action in order to miss the car. Harris swerved to the right striking the outside guardrail, causing the trailer to ride the concrete wall for approximately 40 feet. When the vehicle stopped, the truck and trailer fell off the bridge onto Grant. The accident closed Interstate 35's north bound traffic until nearly 3 p.m.

Harris was taken by Air Evac Lifeteam to OU Medical Center where he was admitted with internal and external head injuries. McAlister said he was not wearing a seat belt. Stickler was transported to Purcell Municipal Hospital by Wadley's EMS where she was treated and released.The semi was a contract hauler for the U.S. Postal Service, hauling mail.

Purcell Postmaster Bill Buchanan was called to secure the mail on the trailer. Buchanan said he secured the small amount of mail until it was off loaded to another vehicle. The front of the trailer was ruptured, but cargo seemed to be intact with minimal damage, he said. Harris worked for Dumont Trucking out of Fort Worth. Walter Dumont said Harris had been employed by him for about eight years.

The route was a dedicated contract route between Fort Worth and Oklahoma City. When the accident occurred, both lanes of northbound traffic were blocked and were diverted at the 91 mile marker through Purcell.

Some travelers also exited at the Wayne-Payne exit due to the snarl on the interstate.
McAlister said he believed the interstate was closed about four hours.

Grant Street was also closed until around 4 p.m. with City of Purcell employees diverting traffic.

"Damage to the bridge is superficial," Oklahoma Department of Transportation Spokesman David Meuser said. "The damage to the guardrail is estimated at $10,000 to $20,000."Assisting McAlister were troopers Brian Orr, Randall Milam, Clay Anderson, Heath Ragland, Phillip Ellyson and Dennis Dickens. Others include Purcell Fire and Police, Oklahoma Department of Transportation, city of Purcell, McClain County Sheriff's Office and Wadley's EMS.

Originally posted at InjuryBoard by Jeremy Thurman

Making Uninsured Motorist Coverage Pay First Dollar

Jeremy Thurman — Thu, 20 Mar 2008 07:50:18 GMT

Here is an interesting legal secret that I have done for clients. In Oklahoma, you can make your uninsured/underinsured motorist carrier pay first in a car wreck or trucking wreck. This is often faster than dealing with the negligent parties insurance and can at times pay more since your UM carrier has a good faith duty to you, its insured.

36 Okla. Stat. Â§ 3636 specifically states that "for the purposes of this coverage the term "uninsured motor vehicle" shall also include an insured motor vehicle, there liability limits of which are less than the amount of the claim of the person or persons making such claim, regardless of the amount of coverage of either of the parties in relation to each other." Oklahoma law provides that the uninsured motorist statute mandates that when preconditions for loss under uninsured motorist coverage exist, an uninsured motorist coverage carrier is obligated to pay entire loss of its injured insured from the first dollar up to the policy limits and obligation exists regardless of whether tort-feasor's vehicle is uninsured or underinsured. Burch v. Allstate Ins. Co., 1998 OK 129, 977 P.3d 1057. Further, in this instance any subrogation right has not been destroyed, thus State Farm is directly and primarily liable to its insured for the entire loss to be indemnified. Burch v. Allstate Ins. Co., 1998 OK 129, 977 P.3d 1057.

If you have UM and have been hurt in a car accident, your insurance company owes a duty to you to indemnify you for you loss in the accident. It has a duty to pay the entire loss regardless of whether your insurance company views the tort-feasor as underinsured.

There is a little bit more too it, which is why you should hire a personal injury lawyer. That said, its very effective and I have found that my clients have been very satisfied when we take this route.

Originally posted at InjuryBoard by Jeremy Thurman

Baseball Player Hurt in Car Wreck

Jeremy Thurman — Wed, 19 Mar 2008 23:46:42 GMT

I'm about to make a confession. I am a huge baseball fan. Even worse, I'm a Texas Ranger baseball fan. So while looking over what this season is going to be like, I noticed that one of my favorte players was involved in a car wreck. Dallasnews.com is reporting that third baseman Hank Blalock's car was rear ended March 3 as he came home from lunch (at Chuck E. Cheese) with his wife and one of his kids (his 3-year-old son). Blalock said he was sore and has stiff neck, but is fine otherwise. His wife and child are also fine after getting checked out by a doctor. Blalock said it was a hard hit, adding that one witness thought the other car was going about 40 mph.

Blalock has had some soreness in the back of his right shoulder, but probably would have DH'd in today's game. Blalock is listed as day-to-day.

Originally posted at InjuryBoard by Jeremy Thurman

Norman Firefights Involved in Rollover Accident

Jeremy Thurman — Tue, 18 Mar 2008 11:02:43 GMT

Newsok.com is reporting that two Norman firefighters are recovering after their engine rolled over north of Little Axe early this morning (Tuesday) while responding to another rollover accident.

The engine was responding to an accident at 156th Avenue NE and Nelson Road just after 5:30 a.m. when it slid onto the soft shoulder of the road near 156th Avenue NE and American Legion Road. The engine slid about 20 feet on its side before coming to a rest.

The firefighters were taken to Norman Regional Hospital to be treated for minor injuries, Judy said.

Originally posted at InjuryBoard by Jeremy Thurman

Car Crash Insurance Doctors Exposed

Jeremy Thurman — Sun, 16 Mar 2008 12:20:09 GMT

I just saw this blog by fellow injuryboad blogger Jamie G. Goldstein for Chicago where State Farm's practice of hiring supposed independent medical examiners is being exposed in New York . I wanted to alert any reader to the post and lawsuit against State Farm as it is an example of what we face in Oklahoma all the times with these supposed 'independent medical examiners."

In her blog, she points out that there are documents and testimony that are believed to show the doctors hired by State Farm were told to leave out certain opinions that would favor the injured person. The claims of the injured person would then be denied by State Farm as not medically necessary.

The same thing happens in Oklahoma, especially once a case enters litigation. I can't tell you how many times a so called independent doctor visits my client ONE time and opines that the back surgery or treatment they recieved was "medically unnecessary." These so called independent doctors are anything but independent. They are paid by insurance companies and some due this as their sole practice. I can think of more than a few so called "independent doctors" in Oklahoma who rarely if ever have testified that a patient actually needed a surgery. This opinion most often occurs after a brief review of records and maybe 30 minute exam.

This has gotten under my skin for years. Contrary to public opinion, in most cases our clients have chosen before ever hiring us to represent them. Then 6 months later, some joker comes in after being paid by the insurance company and gives a medical opinion almost always negative towards my client.

Anyway, should i go on? You want to know how I really feel? Maybe one day I will write a serial blog on this, its happening in our great State every day.

Originally posted at InjuryBoard by Jeremy Thurman

State Senate Approves Harsher Penalties for Unlicensed Drivers

Jeremy Thurman — Sun, 16 Mar 2008 00:03:32 GMT

I just read a press release by Democrat Oklahoma State Senator Debbie Leftwitch on her bill to create stiffer penalties for unlicensed drivers causing injury/fatality accidents. The bill was approved by the full Senate. I want to give her kudos for doing the right thing. I wanted to add that in most circumstances these drivers do not carry insurance either, thus harming the injured and/or their families further. Anyway, good job to Senator Leftwitch and about time some common sense starts coming out rather than the bills to protect insurance companies. The press release is as follows:

"Last summer, there were two accidents in my district, each involving a person driving with a suspended license. In each accident a child died," Leftwich said. "I was shocked to learn the most those drivers could be charged with was a misdemeanor. That's barely a slap on the wrist."

Under Leftwich's bill, an individual knowingly driving with a license that had been suspended, revoked, canceled or denied could be charged with a felony. If convicted, they could serve up to seven years in prison.

"We're talking about people who know they are not supposed to get behind the wheel, but they go ahead and drive anyway," said Leftwich, D-Oklahoma City. "Unfortunately, sometimes these individuals cause very serious accidents, but under current law, there are no serious consequences for their actions. That's got to change."

The measure will now be sent to the House of Representatives for committee consideration.

Originally posted at InjuryBoard by Jeremy Thurman

OCU Wrestler's Dramatic Comeback from Car Wreck

Jeremy Thurman — Sat, 15 Mar 2008 20:46:54 GMT

Before I get to the headline of this blog, I would like to give an explanation of how I found it. See, I'm a sports nut. I play fantasy baseball, fantasy basketball, fantasy football, fantasy golf and probably every NCAA tournament braacket you could imagine. I've always played sports from the youngest age through college and into my adult life I have started playing softball (yes I can still rip a ball) and my love of golf continues. I was the type of child who memorized baseball cards, statistics and starting lineups for my favorite teams. So it comes as now suprise that I'm still an avid box score reader and am constantly reading the sports sections of various newspapers. This afternoon, I came across what I consider a very heartwarming story of a college wrestler who has come back from a horrific car accident that left her mother paralyzed and her with lifelong injuries. Now I know little of college wrestling, but as I started reading this the most suprising thing was this story was about Melissa Simmons, thats right a woman wrestler.

I thought about trying to tell you the story, but I think it would better served for you to click on Newsok.com and read the story yourself. This should serve as an inspiration for those seriously injured in an auto accident.

Originally posted at InjuryBoard by Jeremy Thurman

'Gilligan's' Mary Ann Pleads Guilty To Reckless Driving

Jeremy Thurman — Fri, 14 Mar 2008 20:49:44 GMT

I know this is not hard hitting news, but after growing watching Gilligan's Island, I had to post this from Yahoo News. Dawn Wells who played Mary Ann on Gilligan's Island was sentenced Feb. 29 to five days in jail, fined $410.50 and placed on probation after pleading guilty to one count of reckless driving.

Under a plea agreement, three misdemeanor counts -- driving under the influence, possession of drug paraphernalia and possession of a controlled substance -- were dropped.

On Oct. 18, Teton County sheriff's Deputy Joseph Gutierrez arrested Wells as she was driving home from a surprise birthday party that was held for her. According to the sheriff's office report, Gutierrez pulled Wells over after noticing her swerve and repeatedly speed up and slow down. When Gutierrez asked about a marijuana smell, Wells said she'd just given a ride to three hitchhikers and had dropped them off when they began smoking something. Gutierrez found half-smoked joints and two small cases used to store marijuana.

Originally posted at InjuryBoard by Jeremy Thurman