Personal Injury Cases – Law Offices of Jeff Martin

Our Tulsa, OK injury attorneys know that summer is the season when people in Oklahoma spend a lot of time outdoors, engaging in recreational activities, doing yard work and fixing up their homes. Unfortunately, during the summer months, there are a lot of risks that people face as they head outside and use products, tools and machines that they may not use at other times of the year.

One recent tragic accident involving a lawn mower was an important reminder of some of the risks that people face as the weather grows warmer. The accident shows how important it is to be aware of all of the added dangers associated with yard work, outdoor tools and outdoor recreational equipment so that you can make sure you play it safe and don’t put your health at risk.

Tragic Oklahoma Loan Mower Accident

According to Oklahoma’s Own News on 6, a northeast Oklahoma woman was on a riding lawn mower  on her rural property when an accident occurred. The riding lawn mower rolled over and ended up pinning the woman underneath it.  The 43-year-old woman was killed as a result of the mower rolling.  News 6 reports that the sheriff is awaiting a report from the medical examiner on the specific cause of death.

Lawnmowers are one of the many products that people in Oklahoma will use more during the warm spring and summer months. As this accident shows, mowers can be dangerous and deadly accidents can result. Other types of summer tools, products and recreational equipment used for work or for pleasure that can also have a similar risk of injury include:

• Gas grills, which could cause explosions due to problems with the propane tank or grill design
• Electronic edgers and weed whackers
• Power tools used in outdoor home improvement projects
• Mulchers/chippers
• Bobcats used for clearing land
• Chainsaws
• Golf carts
• Boats
• Jet Skis and other personal watercraft devices.
• ATVs

All of these products are more likely to be used when the weather outside is nice. Unfortunately, not all product manufacturers make sure the products they are selling are safe. As a result, more people using potentially dangerous products could result in an overall increase in accidents over the summer.

Whether you are out having fun on summer equipment or whether you are using tools for yard work, while engaged in a home improvement project or simply mowing the lawn, you should be aware that all of these products have risks and that injury could occur if there is some defect or problem with the tools you are using.

Who is to Blame When Something Goes Wrong?

If you are using a product as the manufacturer intended — no matter what that product is — and you get hurt as a result, then the manufacturer can be held legally responsible. This is based on a rule called strict liability.

This means that if it is determined that the lawn mower had an impact on causing an accident that resulted in death or injury, the manufacturer could be sued or made to pay damage even if the manufacturer had done nothing wrong in selling or designing the mower. It is sufficient that a problem or defect caused harm.

As you use summer products this month, be sure you are aware of your rights under product liability rules in the event of injury. Consulting an experienced injury law firm is free and is often the best course of action in the wake of serious or fatal injury.

According to the National Safety Council, the chances of dying in a traffic accident are three times greater at night than during the daytime. Driving at night is more dangerous because vision is impaired in the evening, as is depth perception and color recognition. Night drivers are also more likely to be drowsy or drunk, or to encounter drivers with these impairing conditions.

Our Tulsa, OK accident attorneys know that older drivers especially are at risk of getting into accidents at night. However, drivers of any age have a greater chance of getting hurt when driving after dark. The National Safety Council provides some important tips for night drivers to minimize the risk, and every driver should be aware of their safety advice.

Tips for Safe Nighttime Driving

According to the National Safety Council, driving at night is dangerous because 90 percent of a driver’s reactions depend upon the driver being able to see. With reduced visibility, including compromised peripheral vision, drivers are less able to drive safely.

To minimize the risks, NSC recommends:

• Ensuring your car is prepared for night driving by regularly cleaning your headlights; signal lights; windows and tail lights. NSC recommends cleaning once a week or more often as needed.
• Aiming your headlights correctly. When your headlights are not properly aimed, other drivers can be blinded and you will be less able to see the roads.
• Making sure you never drink and drive. Having a drink can impair your faculties, which makes driving more difficult. It can also make you more tired since alcohol is a depressant.
• Skipping the cigarettes when you drive. The nicotine and carbon monoxide from smoking can impede night vision.
• Turning headlights on even at twilight. If there is any doubt about whether your lights should be on, you should err on the side of caution. Even if your lights don’t improve your vision, other drivers will better be able to see your vehicle.
• Driving more slowly at night. You should adjust your speed to be safe for current road conditions, and that means that you won’t want to go as fast when visibility is worse.
• Leaving a longer following distance between your car and the vehicle in front. It can be harder to assess speed and distance at night, so you don’t want to get too close to other cars.

These tips can hopefully help you to avoid becoming the victim of a nighttime driving accident. Unfortunately, other drivers who are sharing the road with you are also likely to suffer from reduced visibility and may be more likely to be tired or intoxicated. This means these other drivers can create a dangerous situation even if you do everything right.

When driving at night, you should always be on the lookout for drivers who appear to be driving erratically and should steer clear of people who appear to be making unsafe driving moves. If you are involved in an accident with someone who was driving poorly at night, you should also understand that you may have certain legal rights to obtain compensation from the at-fault driver.

Trains used to be a major transportation source in the United States, and today trains still routinely run both locally and across the country to transport passengers and goods. Unfortunately, trains can be extremely dangerous because of their size, speed and inability to stop when presented with obstacles.

Our Tulsa, OK accident attorneys know that train accidents occur every year, causing injury or death. These accidents can occur on railroad tracks between trains or between a train and a pedestrian. The accidents can occur when a train goes off the track. The accidents can also happen where trains and highways or roads intersect.   Railroad accidents in Oklahoma involving vehicles typically occur at a railroad crossing. However, one recent accident occurred in the Oklahoma Panhandle and involved two trains colliding.

Train Accident in the Oklahoma Panhandle

According to Tulsa World Oklahoma, the National Transportation Safety Board launched an investigation into the train accident and a hearing took place on February 26. At the hearing, which was conducted in Washington, the NTSB reported that the eastbound train failed to slow down or stop for signals. The train was supposed to slow its speed down to 40 miles per hour as it approached Goodwell.

Unfortunately, the train was traveling 68 miles per hour and went past the signal where it was supposed to stop. The train, which was going east, collided with another train. The driver of the eastbound train which had been speeding apparently tried to slam on the emergency brakes eight seconds before the collision. Due to the momentum of the train and the long stopping distance, this effort was futile and failed to prevent the crash from occurring.

Tragically, the accident proved deadly, with three of the four people who were aboard the two trains dying in the collision. One person aboard the train was able to jump from the train and survived the accident.

The investigation was a lengthy one because information could not be obtained by NTSB from the two lead locomotives. The two locomotives fused together in the crash.

Train Accidents Endanger Passengers & Drivers

While train accidents are not as common as auto accidents, the Federal Rail Safety Data still indicates that there were 1,678 train accidents in 2012. These accidents included:

• 156 collisions
• 1,240 derailments
• 282 other accidents

These train accidents were caused by a number of different factors. In 37.72 percent of cases, human factors were the primary cause. Equipment defects were responsible for 11.44 accidents and 15.38 were attributed to miscellaneous causes.

When a crash occurs due to human error, a maintenance defect or other problems that can be traced back to the actions of the train employee or train operator, then the operator may be liable for any damages that result from the crash. Passengers and others injured in the train accident can take legal action to obtain monetary damages.

On March 8, Oklahoma’s Own Channel 6 reported that police were searching for a hit-and-run driver involved in an accident  the previous Friday. The hit-and-run crash occurred in Tulsa, between Sheridan Road and Yale Avenue.

As our Tulsa, OK accident attorneys know, hit and run accidents are illegal in Oklahoma. If the driver is found, he will likely face criminal charges for fleeing the accident scene. Unfortunately, if the driver is not identified, the car accident victims hurt in the crash could suffer more harm as a result.

Hit-and-Run Drivers Leave Victims in Trouble

Under Tulsa law, drivers are required to stop if they are involved in a car wreck. If they cause an accident, they need to see if they hurt anyone and get medical help if necessary. They also must provide their name, contact details and insurance information.

These laws exist to make sure that a car accident victim is not left alone at an accident scene, in need of medical help he or she is not getting. The laws also exist to make sure that car accident victims are not left financially responsible for the consequences of an auto accident that was not their fault.

Oklahoma laws mandate that a driver who causes a car accident has to pay for all of the costs of all of the losses associated with the crash. Hit and run laws make sure that drivers stick around to provide their insurance information so they can be held accountable. If a driver flees the scene and isn’t found, then the car accident victim has no one to file a claim against for damages and could be left footing the bill.

What if You are in a Hit and Run

If you are in a hit-and-run, you should try to remember as much as you can about the car that was involved in the crash. If you can get the license plate, that is ideal, but if you can’t then you should at least try to take note of the make, color and model of the vehicle. If there are any witnesses, they should be talked to as well.

You can then call law enforcement, who will investigate and who may be able to alert the press and get them to help seek information. For example, the article on Oklahoma’s News 6 provided detailed information about where the accident occurred and mentioned that the truck was a white Chevy with a black stripe. The article urged anyone with information about the Chevy to come forward and provided a telephone number.

If the driver is found, you can file a claim. Unfortunately, many drivers do flee accident scenes because they don’t have insurance, so even if the driver is found there is no guarantee you’ll get paid.

Another, and perhaps better, option is to file a claim with your own insurer to take advantage of any uninsured/underinsured motorist coverage you may have. This type of coverage provides benefits to drivers up to the limits of the policy they purchased. The insurance stands in for the hit-and-run or uninsured driver who caused the crash, paying the losses that driver should have paid.

If you’ve been injured in a Tulsa, OK accident, contact the Law Offices of Jeff Martin at 1-800-980-9205.

Driver safety should always be a top priority for drivers, law enforcement and lawmakers. To help ensure that drivers are as safe as possible, states pass regulations designed to prevent dangerous driving behavior and to encourage safe driving.

Each year, the Advocates for Highway and Auto Safety do a review of the safety laws and regulations that have been passed in all 50 states. The Advocates have now released the 10th annual Safe Roads report and our Tulsa, OK injury attorneys urge all drivers to pay attention to where Oklahoma measures up on the summary.

Oklahoma’s Driver Safety Laws

The Advocates for Highway and Auto Safety have identified 15 key laws that help to make states safer for drivers. They then identify whether a state has a law and whether the law is sufficient. For Oklahoma:

• The state has a primary seat belt law and gets credit for it. A primary seat belt law is a law making failure to wear a seat belt an offense for which a driver can get pulled over, even if no other traffic offenses are being committed.
• The state does not have a law mandating helmets for all motorcycle riders.
• The state has a booster seat law but it is insufficient to receive credit.
• The state does not have a law mandating drivers be 16 or older to obtain a learner’s permit.
• The state does get credit for its six-month holding period for new teen drivers.
• The state gets credit for requiring between 30 and 50 hours of supervised drive time.
• The state gets credit for imposing passenger restrictions on teen drivers.
• The state has a cell phone restriction but it is insufficient.
• The state does not mandate a minimum age of 18 to obtain a full driver’s license.
• The state has a child endangerment law for drunk drivers that qualifies for credit.
• The state has a mandatory BAC test requirement.
• The state has an open container law.
• The state is lacking in a restriction on all text messaging for drivers

Oklahoma, therefore, gets credit for 8 out of 15 possible safety laws intended to protect drivers. Because of this, Oklahoma is given a yellow rating. Ratings are either green, yellow or red. Yellow means that the state does have some important safety rules in place but that the state is also lacking in other important areas.

Driving More Safely

While Oklahoma may not have a sufficient booster seat law and may be lacking in laws requiring all motorcycle riders to wear helmets, the absence of these laws doesn’t mean that you can’t make smart driving decisions for yourself.

If you want to make sure that you are safe when you drive in the state, you should make smart and safe choices. Wear a helmet and don’t text. Parents should also make sure that their teens are mature enough to obtain both a learner’s permit and a full driver’s license, even though Oklahoma doesn’t have a minimum age of 16 for permits and 18 for full licensure.

KOSU Oklahoma recently published a story sure to raise alarm for anyone considering moving into a nursing home or for anyone who has made the difficult choice to secure nursing home care for a parent or a relative. A KOSU investigation revealed widespread problems at several nursing homes throughout the state of Oklahoma.

Our injury attorneys in Tulsa, OK urge anyone with a relative in a nursing home to take note of this upsetting investigation and to become informed about the problem of nursing home neglect and abuse. While many nursing homes do provide quality care, there are also many others that fail their patients in devastating ways. Being aware of the signs of nursing home abuse can help you to ensure that your loved ones do not fall victim to abusive behavior.

Nursing Home Abuse in Oklahoma

The KOSU investigation focused on a rehabilitation center located in Midwest City, which had recently come under the control of Genesis Healthcare. The investigation found that four inmates, including a convicted murderer, had moved into the nursing home and were shackled to their beds with guards standing watch. The inmates were affiliated with gangs and had previously been involved in a prison riot.

The investigation also revealed that the nursing home was so short staffed there were not enough nurses to administer needed medications to patients. Staff also failed to tell family members when their relatives had fallen and, in at least one incident, a nurse got violent towards a patient and pulled her out of bed against her will.

The nursing home is currently under investigation and may soon be unable to continue operations. It will not be the first Oklahoma nursing home cited for significant problems. Another nursing home in Tulsa, for example, was supposed to be transferred to the control of Genesis Healthcare but had their license suspended last year due to the inadequacy of the care being provided. The Tulsa nursing home had also been cut off from receiving Medicare and Medicaid funding because of their failures.

Watching for Signs of Nursing Home Abuse

These tragic stories of abuse and neglect are an important reminder to anyone with a relative in a nursing home that it is essential to be vigilant in watching for signs of abuse or neglect. Some red flags that abuse or neglect are occurring include:

• Unexplained bruises, cuts, broken bones or other injuries.
• A significant change in mood, depression or loss of interest in activities on the part of the nursing home resident.
• Pressure sores/bed sores.
• Signs of dehydration or malnutrition including weight loss
• Poor hygiene
• Burns
• Torn or bloody clothing or bedding
• Hair loss
• Disappearance of personal belongings
• Unexplained financial transactions
• Diagnosis of a sexually transmitted disease

These are just a few of the many different signs of abuse that relatives should look out for when visiting relatives in a nursing home. It is important to remember that if something seems wrong or seems out of the ordinary that it is always worth following up on your concerns in order to make sure that everything is OK.

In Oklahoma, there are approximately 563,692 drivers who do not have the required auto insurance. These drivers are breaking the law, and they are taking a major risk every time they drive anywhere. Unfortunately, while the uninsured driver himself is at risk, the uninsured driver is not the person who stands to suffer the greatest harm because of the decision not to carry insurance. Instead, the ones who suffer most are innocent victims who could potentially become involved in a car accident with a driver lacking insurance.

Our Tulsa, OK accident attorneys are distressed at the high number of uninsured Oklahoma drivers because of the danger they present. The legislature has now proposed two bills that aim to crack down on these uninsured drivers, and we are in support of any steps that lawmakers can take to try to ensure that every driver has at least the minimum in required coverage.

Why Do Uninsured Drivers Matter?

One common question that people have is why it matters if a driver chooses not to buy car insurance. After all, insurance is usually intended to protect the insured. When you buy health insurance, for example, it covers you if you are sick and you are the one who suffers if you don’t have a policy.

Car insurance, however, is different. Car insurance requirements include liability coverage. This type of coverage pays out if you get into an accident and you hurt someone else. The innocent victims of the auto accident can make a claim against your insurance or can file a personal injury lawsuit against you. The liability insurance policy will pay for legal costs and will pay out to the injured victims in either a settlement or when a jury finds for the victim.

Liability insurance, therefore, is intended to make sure that an innocent accident victim doesn’t get left without compensation. A car accident can cause many costs, including medical bills and lost wages if the injuries result in missed work. In some cases, when a car accident causes death, the surviving family members left behind lose the financial support that the deceased would have provided for the rest of his or her life. These costs, as well as other costs including compensation for pain and loss of companionship, must be paid. If there is no insurance policy to pay the costs, often they do not get paid because the uninsured driver may not have enough personal assets to provide full compensation.

New Laws Crack Down on Uninsured Drivers

According to News OK, Senate Bill 701 and House Bill 1792 have been proposed to try to tackle the problem. The bills do a number of things including imposing larger fines for uninsured drivers; allowing law enforcement to take the car tags of drivers without insurance; and creating a state insurance plan to temporarily insure vehicles that have had their tags confiscated.

The hope is that the harsher penalties coupled with the temporary state insurance plan will curb the number of drivers without insurance so all Oklahoma residents can be assured of fair compensation when they are involved in an auto accident.

According to Oklahoma’s Own News 9, one out of every 24 drivers in the United States recently dozed off as they were driving their cars. Oklahoma News 9 indicates this statistic could “give you nightmares,” and they have good reason for making this statement. A driver who has dozed off behind the wheel could easily cause a serious auto accident, hurting or killing himself or others.

Our Tulsa auto accident attorneys are concerned about the number of drowsy drivers on the roads in Oklahoma. We believe that drowsy driving is a serious public health issue and that drivers need to be aware of the widespread problem and make a commitment to always pull over and rest if they are getting too tired to drive safely.

Drowsy Driving: Who is at Risk?

The figures published on Oklahoma’s Own News 9 are based on a recent study conducted by the Centers for Disease Control and Prevention (CDC). The CDC study encompassed interviews of more than 147,000 Americans who live throughout the United States. The sample population surveyed included respondents from a total of 19 different states as well as respondents from the District of Columba. The respondents were asked a number of questions about their sleep patterns as well as their driving habits.

One of the questions asked- the one that led to the Oklahoma News 9 story- was a question about whether the driver had fallen asleep behind the wheel at any time in the past 30 days. A shocking number of survey respondents answered this question in the affirmative. In fact, of all drivers surveyed, around 4 percent said that they had in fact dozed off in the past month. Other past studies have revealed similar information, but as News 9 reports, this is the largest study ever to provide information on drowsy driving.

According to News 9, certain populations were also more likely to say yes to having fallen asleep as they drove. Men, for example, were more likely to answer in the affirmative and admit to falling asleep. Drivers ages 25 to 34 also admitted to falling asleep in disproportionate numbers, which makes sense considering that people in this age group are likely to have young kids that they need to care for in addition to juggling their work obligations.

Those who got less than 6 hours of sleep each night also reported that they had fallen asleep behind the wheel, which should come as no surprise. Finally, Oklahoma News 9 also indicates that Texans were dozing off in larger numbers than the general population, which is something to be aware of if you ever visit the Lone Star state.

While Oklahoma may not have as many drowsy drivers as Texas, it is still frightening to consider that around 4 percent of people on the road could be dozing off at any given time. Every driver should make a commitment to never be one of those drivers who is falling asleep. Other drivers on the road should also be aware and alert for signs that someone on the road might be falling asleep so they can avoid the drowsy driver or potentially alert him or her by beeping the horn to wake the sleeping driver up if it is safe to do so.

The holiday season is, unfortunately, a time when the risk of auto accidents goes up. More drivers on the road traveling to events, vacations and family visits is one reason why there may be more accidents. More drunk drivers is another possible cause of holiday crashes. Regardless of the reasons why, however, being diligent about driver safety over the holidays is a wise choice to help minimize your risk of becoming involved in a car wreck.

While the holidays present a dangerous driving time, they also present a time for parents to talk to their children about safe driving. Our Tulsa injury attorneys urge all parents to spend a few minutes with their teenagers during the winter holiday going over the importance of safe driving and reiterating the need to be smart and safe in the car.

The Holidays Are a Time to Talk To Your Teens About Safe Driving

The holidays are a time when parents and kids often have uninterrupted time together. You may be in the house with your kids over winter break or your college students may come home to stay for the first time in a while. You may be traveling to see relatives with your kids, or heading out to the mall. Regardless of how you spend your holiday quality time, the festive season presents a unique opportunity for togetherness. During this time, you also have the chance to sit down and have a serious conversation with your child about safe driving, and you may have the chance to observe your child driving to see what risks are being taken.

While some parents may be reluctant to bring up a serious subject like teen safe driving over a holiday occasion, the fact is that you shouldn’t let this opportunity go by. Car accidents are the number one cause of death for teenage drivers and a State Farm study reported by US News and World Report revealed that kids whose parents are actively involved in teaching and enforcing safe driving rules may be half as likely to be in a car wreck. Since having a simple conversation can make all the difference, it is worth sitting down and having a talk.

How to Teach Your Kids About Safe Driving

The Oklahoma Department of Health has some tips for parents of teenagers who drive. According to the OK.gov website, parents should:

• Model responsible driving behaviors since kids are likely to mimic what they see.
• Encourage your teenagers to ask you questions about your own driving behaviors and about driving mistakes.
• Point out errors that other drivers make when you are in the car with your kids.
• Make your kids alert to hazards that you spot when driving with them that an inexperienced driver might not see.

The Department of Health also advises parents that they should consider entering into a teen/parent driving contract. This contract will spell out behaviors that are acceptable or required (like always wearing a seatbelt) and will prohibit behaviors that should be avoided (like texting or talking on a cell phone and driving). The Allstate Foundation provides teen driving contractors for each state on their website, so before you talk to your kids, you can print the contract for Oklahoma.

If your kids sign the contract and commit to good driving behavior, this could avoid a deadly crash that puts not only the lives of the teenager at risk but that also jeopardizes the safety of all other drivers on the road.

If you are dealing with a personal injury or wrongful death matter in Tulsa or elsewhere in Oklahoma, contact the Law Offices of Jeff Martin at 1-800-980-9205 for a free and confidential consultation.

A motorcyclist in Cherokee County died from injuries suffered after he was struck by a Jeep sport utility vehicle that was pulling out of a private driveway.

As our Tulsa motorcycle accident attorneys understand it, the 64-year-old rider had been wearing a helmet, and it appears, according to The Oklahoman, the driver simply wasn’t paying attention and pulled out just as the motorcyclist was passing.

It appears this tragedy could have been avoided if the driver had simply been paying attention – and that’s the message we want to send to all those in Tulsa and throughout Oklahoma as we head into the year-end holidays. For many, motorcycling is a year-round activity in the Southwest.

Two-wheeled vehicles are becoming increasingly common throughout the country, so there are more motorcycles on the road. Looking twice can save a life – or several lives.

The National Safety Council sadly predicts that during this Thanksgiving holiday weekend (from 6 p.m. Wednesday, Nov. 21 through 11:59 p.m. Sunday, Nov. 25) some 450 people will lose their lives in traffic crashes across the country. Another 48,300 will be seriously injured and require medical attention. This is about 10 percent higher than on an average, non-holiday November weekend. In fact, Thanksgiving weekend alone is projected to account for 16 percent of all traffic fatalities throughout the month.

That’s huge.

The biggest and most obvious reason is there are simply more people on the road. That creates more opportunity for crashes. Another factor, though, is the increase of alcohol consumption around the holidays. Additionally, you may have people driving for long stretches of time at night and without getting enough sleep.

The one positive piece of news is that this is actually 12 percent less than what was predicted in previous years. However, it’s still far too high.

We don’t know how many of those will involve motorcycles, but we do know that motorcycle accidents tend more often to be fatal, particularly when the rider is struck by a much larger vehicle. Even with a helmet, there simply is not enough protection between the rider and the pavement.

The national Governor’s Highway Safety Association reports that the number of motorcycle deaths fell about 2 percent between 2009 and 2010. In Oklahoma, there were 83 motorcycle deaths in the first nine months of 2009, compared to 58 in the first nine months of 2010. That’s a remarkable decline of nearly 30 percent.

So it appears at least some drivers may be getting the message.

But as this recent fatal crash shows, we can’t stop our efforts, particularly when we analyze some of the theories behind that decline. Many have speculated that dip had a lot to do with the economy. People weren’t buying as many motorcycles, and they weren’t traveling as much either. Now, that’s changing, so we can bet that fatal motorcycle accidents in Tulsa are going to increase as well.

The U.S. Air Force offers these valuable tips for drivers to avoid hitting motorcycles as they head out for their holiday travel:

1. Be alert for them. Motorcycles are smaller, so you really have to watch – and listen – for them.
2. Always use your turn signals. This will allow the motorcyclist, and other drivers, enough time to react to your intentions.
3. Avoid any and all distractions while you’re behind the wheel. Put your cell phone away. Don’t mess with the stereo or your GPS. Keep your makeup in the bag. Do not take your eyes off the road.
4. Be careful when pulling out into intersections or crossroads. Look both ways twice, and slow down.

If you have been in a motorcycle accident in Tulsa or elsewhere in Oklahoma, contact the Law Offices of Jeff Martin at 1-800-980-9205 for a free and confidential consultation.