Oklahoma City Personal Injury Lawyer - trucking accident

Moore Truck Driver Dies in Tulsa Accident

Jeremy Thurman — Thu, 13 Aug 2009 10:22:56 GMT

People often assume trucking lawyers are automatically against truck drivers and assume the worse. We discuss horror stories such as the devastating wreck that killed ten people on the Will Rogers Turnpike earlier this summer and wonder how someone driving a semi could be so careless. The reality is we use the wrecks to point out the dangers of negligent truck driving and warn the public and truck drivers alike of the dangers these 80,000 pound behemoths pose to motorists.

However, I wanted to use today to point out a story in which a truck driver appears to have done something truly heroic to save other motorists. According to the Norman Transcript Moore man driving a semi truck was killed in a traffic accident early Sunday morning in Tulsa. The article states that

Bruce Irvine Mathes, 54, was pronounced dead after being transported to Tulsa's St. Francis Hospital Sunday morning, according to the Oklahoma Highway Patrol.

Mathes was believed to be suffering from an unknown medical condition and lost consciousness as he was trying to pull the truck over, crashing it into a guard rail, the OHP report of the incident stated. At the time the truck was eastbound on Interstate 44 near U.S. Highway 75. The crash occurred at 1:21 a.m., the report stated.

Our prayers and thoughts go out to this man’s family. However, I wanted to point out that it appears the driver knew he ill and was attempt to save other motorist by pulling to the shoulder. I can’t state how smart and safe this act was. Many drivers might consider trying to make it to the next rest stop or next town. However, from this brief article it appears this man knew the dangers his truck posed on the highway and attempted to do the right thing.

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

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

Chickasha man dies in Blaine County crash

Jeremy Thurman — Fri, 14 Mar 2008 15:04:58 GMT

According to newsok.com a Chickasha man died in a two-vehicle accident in Blaine County.

Per the authorities, the now deceased Leon Smith was driving a tractor-trailer loaded with hay bales south on State Highway 8, about four miles south of Hitchcok, according to the Oklahoma Highway Patrol.

Smith tried to negotiate a curve at a high rate of speed when the tractor-trailer rolled on its side, stopping on the northbound lane of the highway, troopers said.

Robert H. Banks, 43, of Enid was driving a pickup north on the highway and collided with the tractor-trailer's cab, troopers said.

Banks and his passengers, Allen Henry Banks and Andrew Lee Banks, both 20, were not hurt. All three were wearing seat belts, troopers said.

Originally posted at InjuryBoard by Jeremy Thurman

Distracted Driving

Jeremy Thurman — Thu, 13 Mar 2008 18:27:35 GMT

I've become more and more fascinated with people who drive distracted. Whether text messaging, talking on a cell phone, doing makeup, shaving with an electric razor, styling hair, watching a movie, writing a grocery list, or putting in contact lenses: These activities have become common place on the America Road. Simply, with technology and are busy lives coming into one, more and more Americans have shifted their focus from the roadway to these other tasks. Modern drivers are simply too distracted and as a personal injury attorney, I'm seeing way too many people come in with serious injuries because the person who ran into them was distracted.

Research shows that distracted driving has eclipsed drunk driving as the Number One safety concern of the driving public. Be wary to focus on the road. I have seen too many fatality crashes where people have been burned alive, permanently impaired, or injured in other areas. These are horrible to see and I don't want it on my conscience that I killed another human being because I had to text my wife. Further, criminal statutes are focusing more and more on these type of behaviors and I've seen more charges of negligent homicide being brought against these drivers.

Originally posted at InjuryBoard by Jeremy Thurman

As Prom Season Approaches

Jeremy Thurman — Thu, 13 Mar 2008 04:15:47 GMT

Being the father of a girl who will be going to her first prom this year and a trial lawyer, I have to admit that I'm paranoid. I'm paranoid about her behaviour because she is a great child. What I'm concerned about is the other chiildren attending these events and the statistics about car wrecks that come with the prom.

Studies show that alcohol related crashes kill more people from the ages of 16 to 20 than any other age group. According to the National Highway Safety Act, nearly half of all fatal car accidents involve alcohol. The statistics are alarming. Each year in the United States there are approximately 47,000 motor vehicle accidents. Of these, 17,000 are alcohol related. Nationally, 1 out of 5 drivers will be involved in an alcohol-related accident each year.

With the prom and senior ball right around the corner, work hard to alert your children and local school districts of this alarming fact.

Originally posted at InjuryBoard by Jeremy Thurman

Follow-up to Trucking Fatality Accident

Jeremy Thurman — Wed, 12 Mar 2008 08:08:07 GMT

I wanted to follow up on the trucking accident that killed a family of 4 from Joplin, Missouri. Azcentral.com is reporting that police are recommending that the truck driver be charged with 4 counts of negligent homicide.

If you recall, the accident happened in Pryor Oklahoma where the truck driver negligently rear-ended the family of 4 at a stop light.

This sad story once again reiterates the seriousness of trucking accidents. If you or a family member are involved in any such accident, seek counsel immediatly. These semi's have ECM (black box) and other important data that needs to be preserved. Further, they can destroy the trucking logs per Federal Law after 6 months. Don't trust the insurance companies as they have no desire to resolve trucking claims for what they are worth.

Once again our prayers go out to this family.

Originally posted at InjuryBoard by Jeremy Thurman

Family of Four Dies in Trucking Accident

Jeremy Thurman — Tue, 11 Mar 2008 21:59:59 GMT

I just picked up this very sad story from the Joplin Globe. Apparenlty a family of 4 from Joplin was driving to Dallas when a Semi (truck) struck them from behind at a stop light.

Sgt. Brent Crittenden of the Pryor (Okla.) Police Department said witnesses reported that the Hayes' vehicle stopped about 1:15 p.m. for a traffic light at U.S. Highway 69 and Southeast 49th Street.

"The family had pulled up to the stoplight in the right-hand lane," Crittenden said. "They were then struck from behind by the rig headed southbound."

Crittenden said authorities are not releasing the name of the driver or the trucking company, pending further investigation.

He said the Oklahoma Highway Patrol will assist with an accident re-creation before officials decide whether to file any charges against the truck driver, who is a 53-year-old man from Mesa, Ariz. He was driving on business and apparently was not under the influence of any intoxicants, Crittenden said.

"Right now, the report is pending," he said. "We want to do a complete reconstruction of the accident to determine exactly what happened before we request charges."

The truck driver was still in a Mayes County hospital as of Monday afternoon. Charges, if any, would be filed by the end of the week, Crittenden said.

Our prayers are with the family. as a lawyer, we see a lot of bad accidents and deaths, nonetheless, each time I hear news like this it breaks my heart as a father of three girls.

Originally posted at InjuryBoard by Jeremy Thurman