Oklahoma City Personal Injury Attorney  OKC Rear-end Collisions: Debunking the Myth of Rear Driver Fault

rear-end collision

The General Rule in an Oklahoma Rear-end Collision

Oklahoma law requires that drivers on the road drive at reasonable speeds and maintain reasonable distances between their car and the one in front of them as dictated by speed limits and the conditions present at the time. Drivers are expected to slow or stop safely if the car in front of them slows or stops. This puts the burden on the driver in the rear to avoid a rear-end collision. It also lays a presumption of negligence upon the driver of the rear vehicle if a rear-end collision occurs.

Overcoming the Presumption of Negligence in a Rear-end Collision

The burden of proving that fault lies with someone else rather than the driver in the rear car, falls on the driver of the rear car. There are many things that can cause a rear-end collision other than the fault of the driver in the rear car. Here are some examples:

Unsafe Lane Change

If the car that is hit makes a lane change into the lane in which the driver of the rear car is driving at a time when it is unsafe to do so, some or all of the fault may actually lie with the driver of the vehicle that was hit. This can happen if the driver of the front car changes lanes when there isn’t enough room for the driver in the rear vehicle to adjust their speed without hitting the car as it makes the lane change. It can also happen if the driver of the front car makes the lane change at a high rate of speed and immediately has to brake hard to avoid a collision with the vehicle in front of it.

Faulty Brake Lights

Brake lights signal that the car ahead of us is slowing down. When they are not operational, the driver behind does not get the visual signal that the driver ahead is slowing until it may be too late to avert the accident. Therefore faulty or nonoperational brake lights may be a contributing factor in an accident and mitigate at least some of the fault of the second driver.

Chain Reactions

Liability in chain reaction cases can be tricky. Let’s say that car 1 is rear-ended by car 2. But the accident occurred because Car 3 hit Car 2, pushing Car 2 into Car 1.  Here, the driver of car 2 may not have any legal liability at all. The driver of Car 3 is most likely liable to the drivers of both Car 1 and Car 2.

You can see that liability is not always clear-cut in rear-ender cases. If you have been involved in a rear-ender, you will want the help of an experienced automobile accident lawyer attorney in Oklahoma to ensure that you get a fair shake at issues of liability and damages.

Low-cost Consultation: Oklahoma City Automobile Accident Attorney

Call us today to see how we can help you.  You pay nothing for our representation in personal injury cases until we get you the compensation you deserve. Before we start working on your case, we want you to know where you stand. A call to the Personal Injury Law Office of Oklahoma City costs you nothing, but the information you receive could be invaluable.

For a initial, no-risk consultation with a knowledgeable Oklahoma City automobile accident attorney, call today: (405) 716-4878  (716-HURT).

If you prefer, you may send your question via e-mail using the form at the top right of this page. Whatever method you prefer, an automobile accident lawyer in Oklahoma will get in touch with you as soon as possible. Don’t wait another minute to find out what you may be owed. Call the Personal Injury Law Office of Oklahoma City today!

Oklahoma City Personal Injury Attorney  Suing a Minor in Oklahoma: What You Need to Know After a Teenage Driver Accident in OKC

suing a minor

Let’s face it: when a teenager drives, accidents are common. Unfortunately in Oklahoma, if you were involved in an accident with a culpable teenage driver, there are situations in which it is difficult to pursue a claim against the teenager or the teenager’s parents. If you are involved in this type of accident in Oklahoma City, you may need the help of it Oklahoma City personal injury attorney who understands what is involved in motor vehicle claims against teenagers and their parents. If you are thinking about suing a minor in Oklahoma, you need to know how the law applies to your accident.

Suing a Minor: Not Allowed in Oklahoma City

It is important to know that regardless of the teenager’s culpability, you cannot actually sue a minor in Oklahoma. It is unlawful to do so in Oklahoma. There are some situations in which you may sue the teenager’s parents, however. Understanding those circumstances may make the difference between recovery and not.

Factors in Suing a Teenager’s Parents

In the investigative process, it is important to determine whether the child is covered by their parents’ auto insurance policy. If so, your attorney may choose to file a claim against the parents’ insurance company to recover damages. The ability to collect on this claim depends on whether the teen was using the family car with the parents’ permission. If the teenager was using the family car without the parents’ express permission you may not be able to sue the parents. (Stumpf v. Montgomery (1924) 101 Okla. 257, 32 A.L.R. 1490, 226 Pac. 65.)

The scope of permission granted is always an issue in these cases. Let’s say for a moment that Bob typically uses the family car to drive to swim practice and then home from there. He has his parents’ permission to do so. If the accident occurs in the scope of the permission granted, meaning, on the way to or from swim practice, the parents’ insurance will cover the accident.

However, if Bob decides to go to the grocery store to pick up a 6 pack for some friends for Saturday night’s party on the way home from swim practice, it is likely that the accident will not be covered. Bob’s use would be outside the scope of the permission granted. In this case, suing a minor is prohibited and there is no insurance coverage to collect against, making the claim and lawsuit much more difficult.

This differentiation under the law is somewhat like the course and scope issues involved in a worker’s coverage if that worker is involved in an accident while driving a company vehicle. If the driver is involved in activities within the course and scope of their employment, the employer’s insurance will cover the accident. If not, it is likely the insurance will not cover the accident. (Dillingham v. Teeter (1923) 91 Okla. 165, 216 Pac. 463, infra)

An Exception To the Course and Scope Rule

There is one particular exception to the express permission involving course and scope. When a teenager is using the family car for the parents’ benefit regardless of the express permission granted, the parents’ coverage will extend to the teenager. This means that the teenager could have been involved in the course and scope of handling the parent’s business at the time that the accident occurs. The courts have defined “business” as anything that contributes to the parents’ own convenience or pleasure.

Using our example from above, if Bob’s trip to the grocery store is to pick up some sugar for his mom, it is likely that coverage will extend to the teenager regardless of whether the mom gave Bob express permission to use the car for that particular purpose.

While liability may be clear, the question of recovery on a claim may not be. It is imperative that you bring these questions to an experienced personal injury lawyer in Oklahoma City as soon as possible. Each case is different and it is important to understand how the law will apply to your case.

Low-cost Consultation: Oklahoma City Personal Injury Attorney

Call us today to see how we can help you.  You pay nothing for our representation in personal injury cases until we get you the compensation you deserve. Before we even start working on your case, we want you to know where you stand. A call to the Personal Injury Law Office of Oklahoma City costs you nothing, but the information you receive could be invaluable.

For a initial, no-risk consultation with a knowledgeable OKC personal injury attorney, call today: (405) 716-4878  (716-HURT).

If you prefer, you may send your question via e-mail using the form at the top right of this page. We’ll get in touch with you as soon as possible. Don’t wait another minute to find out what you may be owed. Call the Personal Injury Law Office of Oklahoma City today!

Oklahoma City Personal Injury Attorney  Personal Injury Claims in Oklahoma: Understanding the Statute of Limitations

statute of limitations

When you are injured in an accident in Oklahoma, you must deal with time limitations in which you may file a lawsuit against a culpable party. Every state has what is known as a statute of limitations that prescribes the period of time in which a person may file a lawsuit after a personal injury accident. These statutes of limitations are in place to ensure that evidence remains fresh and the memories of witnesses remain accurate. This prohibits an otherwise viable claim against another person from being carried into the far future.

Here’s what you need to know about the statutes of limitations in Oklahoma for personal injury claims.

Do I Need to Know the Statute of Limitations If I Intend to Settle My Claim?

You may think you do not need to know the statute of limitations if you intend to settle your claim against a culpable party. However, the culpable party is represented most often by an insurance company. That insurance company represents the interests of their insured and will only pay out on viable claims. If an accident or injury claim goes beyond the statute of limitations with no lawsuit being filed, that claim is no longer viable and an insurance company will not pay out on that claim. therefore, it is in your best interests to understand what period of limitations affects your claim and to ensure that a lawsuit is filed to protect those interests if it is necessary to do so while you are in settlement negotiations.

What I the Statute of Limitations for Personal Injury Claims in Oklahoma?

In Oklahoma, many cases of personal injury will fall within a two-year statute of limitations. There are certain exceptions to this statutory period. For example, some exceptions include intentional torts in which the statute of limitations must will prohibit any filings after one year of the date of the injury. Other exceptions include such matters as governmental torts which are claims against public entities which must be filed within one year after the accident. Another exception is the statute of limitations for wrongful death claims. In Oklahoma, that statute of limitations is longer, three years.

Should I Wait to File a Claim With the Insurance Company?

Two years may seem like a long period of time in which you may file your claim with the capable party’s insurance company. However, it is advisable to file your claim earlier rather than later. This will allow you and your attorney to fully investigate the claim to ensure that liability and damages issues are clear and in your favor. It also allows you time to negotiate a settlement.

If you and your attorney decide that a settlement may not occur before the expiration of the filing of the statute of limitations, you will need to file a lawsuit against the culpable party in the appropriate Oklahoma court before the expiration of the statute of limitations.

Exceptions and Complications to the Statute of Limitations

There are situations in which courts will elongate or toll this running of the statute of limitations. This often occurs when either the injury is not discovered until later or when other circumstances exist that justify awarding additional time in which to resolve the matter before filing a lawsuit. Here are some of the exceptions and complications that you will need to know about.

The Victim Is a Minor: If the victim is a child, parents can have up to 7 years to file a lawsuit if the child was under the age of 12 on the date of the injury. If the child was 12 or older when their injury occurred, the two-year limitations period usually applies. If the child wants to wait until the age of majority and the parents have not filed, the child must file within 1 year of turning 18.

Cognitive Incapacity: Sometimes, the injury may cause a person to have a temporary or permanent mental incapacity. In that case, the limitations period does not begin to run until that person is declared legally competent.

Governmental Negligence: If the injury occurs because of the negligence of a government worker or contractor, the period of limitations is only one year from the date of injury. A governmental entity may not be held liable for negligence; however, employees and contractors may be held liable.

Delayed Discovery of Injury: A statute of limitations may also be tolled in situations in which the victim does not discover the actual injury until long after the injury is inflicted. This does not occur in most cases, but in the cases in which it does occur such as in occupational or industrial illnesses and contamination where injuries can take years to be discovered, tolling the statute of limitations is fair to the victim.

Culpable Party Secretes Themselves: The tolling of the statute of limitations is also applicable in situations in which the culpable party has left the state of Oklahoma or has secreted themselves and cannot be found. This is to ensure that the victim has adequate time to make contact with the culpable party or communicate with them. The statute of limitations pauses for the duration of the secretion.

Wrongful Death

Unfortunately, some victims die as a result of their injuries. When this occurs, a family member or representative of the decedent’s estate can bring a wrongful death claim against the culpable party as soon as the decedent passes away. It is usual that the death occurs sometime after the date of the accident in which the injuries were inflicted. As a result, the limitations period does not begin until the victim’s death. Family members and personal estate representatives have a period of two years from the date of the death to file an action for wrongful death.

A Six-Month Statute in Motor Vehicle Accidents to Know About

Finally, if your accident involves a motor vehicle, it’s important to know that Oklahoma law requires that if the matter has not been settled within six months after the date of the accident and the damage was at least $300 or more, a report must be filed with the Oklahoma Department of Public safety. If the settlement occurs during this prescribed time, a summary of the terms of the settlement must be filed with the department as soon as the settlement is completed.

Understanding the statute of limitations can have a profound effect on your claim. Make sure to consult with an experienced Oklahoma City personal injury lawyer as soon as possible after an accident in order to understand how the statute of limitations may affect you and your claim.

Low-cost Consultation: Oklahoma City Personal Injury Attorney

Call us today to see how we can help you.  You pay nothing for our representation in personal injury cases until we get you the compensation you deserve. Before we even start working on your case, we want you to know where you stand. A call to the Personal Injury Law Office of Oklahoma City costs you nothing, but the information you receive could be invaluable.

For a initial, no-risk consultation with a knowledgeable Oklahoma City personal injury attorney, call today: (405) 716-4878  (716-HURT).

If you prefer, you may send your question via e-mail using the form at the top right of this page. We’ll get in touch with you as soon as possible. Don’t wait another minute to find out what you may be owed. Call the Personal Injury Law Office of Oklahoma City today!

Oklahoma City Personal Injury Attorney  Oklahoma Homeowner Liability: What to Know If a Guest Gets Injured

oklahoma homeowner liability

It happens. We invited guests over for a celebration, a barbeque, and a dinner party. We take care of the food, the drinks, and the décor. We look forward to catching up and enjoying the party. But sometimes, something goes wrong. We overlook an impediment, or the dog gets upset and bites a guest, or someone slips on a spilled drink left on the kitchen floor. Here is what to know about Oklahoma homeowner liability if a guest gets injured in or around the home while visiting you.

Common Household Injuries to Guests

Injuries to guests are more common than you might think. Here are some examples of common injuries.

Slip and Fall: Slip and fall, and trip and fall accidents may be the most common types of injury in a home. These often occur when something is inadvertently left on the floor. Liquids, grease, toys, and the like can all become a hazard on the floor. Falls can result in injuries to the arm, wrist, shoulder, knee, ankle, or back. Bruising, sprains, and even fractures can result. Oklahoma City slip-and-fall attorneys are well-versed in the mechanics of this type of accident.

Dog Bites: Dogs can be sensitive to noise and when guests upset an animal, it can bite. Alternatively, when a dog is excited to see the guest, the dog can jump up causing an unintended injury in its excitement. In either case, the homeowner may be held liable for any injuries sustained.

Pools: Pools pose dangers to guests, children, animals, and even trespassers in some cases. Safety nets and fencing can protect an unintended injury. When hosting a party, it may be wise to keep a pool off-limits. If a homeowner makes the pool available to guests, the homeowner should be prepared to have someone watch the pool at all times to ensure safety.

General Liability and Special Situations

Guests may face other types of injuries and dangers, including those that can expose a homeowner to liability if the homeowner is found to be negligent.  Premises liability negligence is a sub-specialty of personal injury law. Not all injuries to guests result in cognizable legal claims against the homeowner. All guests who come onto a homeowner’s property must be treated with reasonable care. For many of these types of claims, the homeowner must have either actual notice or implied notice of the problem, time to fix it, and must have failed to do so. In addition, the person injured must have actual damages. If you would like to know more about this, make sure to consult with an OKC injury lawyer attorney who can evaluate your particular circumstances.

Injuries due to alcohol ingestion are a particular area of concern for those homeowners who serve alcohol at parties. Oklahoma is one of a number of states that have what are known as  “social host liability” laws where homeowners can be held liable for the actions of intoxicated individuals if the homeowners are serving alcohol.

Not only may the owner be held liable for injuries caused by an intoxicated guest at the premises, but they may also be held liable for injuries caused by an intoxicated guest once they leave the premises. If that guest causes an accident while driving home, homeowner liability could ensue.

Homeowner Liability: What To Do When an Accident Happens

Despite your best efforts, sometimes accidents happen. When they do, make sure that the person injured gets the medical help they need. This is true even for a relatively minor incident. It could mean giving first aid, calling a doctor, or calling for emergency medical assistance if needed.

Take photos of the scene if you can, and talk to other guests to see what happened if you did not witness the incident. Make notes of your observations and conversations with witnesses. You may want to call your insurance company to alert them to a possible claim. You may also want to call your attorney to see what else you might need to do.

An experienced Oklahoma injury attorney can help both before and after an accident occurs. Your attorney can help you understand areas of potential risk in your home and how to ameliorate that risk. After the fact, your attorney can help you understand the process and how to deal with it if you are facing a claim against your homeowner’s policy.

Low-cost Consultation: Oklahoma City Personal Injury Attorney

You pay nothing for our representation in personal injury cases until we get you the compensation you deserve. Before we even start working on your case, we want you to know where you stand. A call to the Personal Injury Law Office of Oklahoma City costs you nothing, but the information you receive could be invaluable.

For a initial, no-risk consultation with a knowledgeable Oklahoma City personal injury attorney, call today: (405) 716-4878  (716-HURT).

If you prefer, you may send your question via e-mail using the form at the top right of this page. We’ll get in touch with you as soon as possible. Don’t wait another minute to find out what you may be owed. Call the Personal Injury Law Office of Oklahoma City today!

 

 

 

Oklahoma City Personal Injury Attorney  Navigating Insurance Denials in Oklahoma Injury Claims

insurance denials

Minimizing Payouts and Insurance Denials

All insurance companies like to make profits, including Oklahoma City insurance companies. As a result, insurance companies do not like to offer generous or fair compensation to the victim of an injury if they do not have to. Insurance is meant to spread the risk of loss among a pool of people so that when a person is injured, they can be fairly compensated. But all too often, insurance denials are the result when a person is injured.

However, without help, an insurance company will often either deny a person’s claim or offer a small settlement to avoid the cost of litigating that claim, hoping that an unrepresented client will accept the loss on their own. They are not supposed to do that, but they sometimes do.

The best way to ensure that you will be fairly compensated is to hire an experienced Oklahoma City personal injury attorney to handle your claim. An attorney is experienced in presenting strong claims, dealing with recalcitrant claims adjusters, and in resolving claims.

Insurance Companies Work to Minimize Payouts

An experienced insurance adjuster will use a number of tools to frame a claim in their favor. One of their favorite tools involves the recorded statement. An adjuster will often use leading questions in a recorded statement to minimize liability and damages. Most victims do not even know they are not required to give a recorded statement to an adjuster. Often the adjustor will try to get a statement immediately after an accident, at a time when people are in the middle of seeking medical help or are still shaken up by the accident itself. Once they have this information from the victim, it is difficult to mitigate any inferences that these answers to leading questions might involve.

It is always best to have your attorney talk to the adjuster rather than talking to them yourself. Remember – an insurance company is not on your side.

Insurance Company Denial Tactics

An experienced adjustor will also request your medical records. This may seem like a logical request, but complying may cost you. The adjustor is looking for issues in your medical records that can be used to minimize any medical claims. This could be a pre-existing condition, medications taken that could have contributed to the accident, or emotional and mental health issues that could have contributed to the accident or to your injuries.

It is always best to let your attorney handle any requests for medical records from an adjuster. Your attorney can discuss the pros and cons of turning over records with you and can handle the request if you decide to turn over records. In some cases, the insurance company may not need your records, and if they become necessary it is important to know that they are not entitled to all of your records.

It is also essential to know that an insurance adjuster is not a medical professional. Yet, an adjustor will often tell you that they are unwilling to pay for some or all of your medical treatment as they deem it “unnecessary.” If your doctor deems it necessary, it is.

Finally, it is important that you never accept or admit fault, whether that is at the scene of the accident, or in your dealings with an insurance company. And if an insurance company admits fault, do not believe that they are doing so with your best interests at heart. They are doing so, to woo you into turning over records that will enable them to minimize your claim.

How to Protect Your Claim Against Insurance Denials

To protect yourself against insurance denials, it is important to hire an attorney. An attorney is used to dealing with adjustors and knows the ins and outs of how adjustors operate. An attorney will understand the strengths and weaknesses of your claim and will know how to present those strengths in a way that makes an adjustor pay attention. Adjustors hate paying out on claims, but they also hate litigation costs. An experienced personal injury attorney knows how to use this leverage to your advantage.

Making the most of the case’s strengths is key.

Issues that may sway an adjustor include:

  • The strength and credibility of the parties and other witnesses
  • The facts that make liability clear
  • The facts that make damages
  • The severity of the injuries suffered
  • The strength of the corroborating evidence

A skilled personal injury attorney in Oklahoma City can help you with all of this.

Low-cost Consultation: Oklahoma City Personal Injury Attorney

You pay nothing for our representation in personal injury cases until we get you the compensation you deserve. Before we even start working on your case, we want you to know where you stand. A call to the Personal Injury Law Office of Oklahoma City costs you nothing, but the information you receive could be invaluable.

For a initial, no-risk consultation with a knowledgeable Oklahoma City personal injury attorney, call today: (405) 716-4878  (716-HURT).

If you prefer, you may send your question via e-mail using the form at the top right of this page. We’ll get in touch with you as soon as possible. Don’t wait another minute to find out what you may be owed. Call the Personal Injury Law Office of Oklahoma City today!

Oklahoma City Personal Injury Attorney  Higher Settlements in Oklahoma Truck Accidents vs Car Accidents: Why It Matters

Settlements in Oklahoma Truck Accidents

We depend on trucks. They deliver food and many of the things we depend on in our daily lives. Trucks vary in size and weight, anywhere from the smaller delivery trucks that often deliver packages to our doorsteps to big rigs that can weigh in at 10,000 pounds or more. All truck are larger and heavier than most cars on the road. When a truck and a car are involved in a traffic accident, the property damage to the car and the physical injuries to a car’s occupants are often severe. In some cases, the accident can cause death. Truck accident cases can be complex and if you have been injured in a truck accident, it is likely that you are facing serious medical issues. An experienced OC truck accident can help you get the settlement you deserve.

According to the National Highway Traffic and Safety Administration (NHTSA), in 2012, 3,921 people were killed and 104,000 people were injured in crashes in the U.S. involving trucks weighing more than 10,000 pounds. A fully loaded big rig can weigh up to 80,000 pounds.  That truck, traveling at 65 mph can take approximately 525 feet, or almost the length of two football fields, to stop once the brakes are applied. If a truck with that size and weight rear-ends a vehicle in front of it, the car’s occupants can suffer severe injuries.

Liability Issues Can Be Complex

While often a rear-end collision offers clear liability, much of the time, liability can be complex. Often, more than one vehicle may be involved in addition to the truck and your vehicle. Proving liability can involve some investigation in addition to obtaining police and eyewitness reports.

Truckers and trucks are governed by both state and federal law. When those laws are not adhered to, by the trucker or trucking company, liability may ensue.  Trucker liability can also be found based on negligent driving for the conditions. This can include such things as failing to yield, speeding, failure to stop, or other reckless driving. In addition, if a truck driver drives more hours than they are allowed to by law and an accident results, the trucker may be held liable. Driving limits are meant to prevent excessive tiredness. These limits mandate how long a truck may drive per day, include mandated rest periods, and limit the number of days that a truck may drive without a significant number of hours off.

Finally, it is the nature of the trucking industry that liability may lie with several parties, including the trucker, the trucking company, the people who load the truck, and the truck’s manufacturer. When a load is incorrectly loaded, it can cause the truck to swerve and tip over. Inspection logs, repair and maintenance records, and mileage logs are all critical to determining liability in these cases. Failure to keep proper records may create liability on the part of the trucking company. An experienced OKC truck accident attorney will know what documents must be obtained to determine liability in these cases.

Common Injuries in Truck Accidents

The type and severity of injuries involved in a truck accident will depend on the circumstances of the accident. But common injuries include such things as:

  • Broken bones
  • Traumatic brain injuries
  • Spinal cord injuries,
  • Lacerations and disfigurement, and
  • Death

The more severe the injuries, the more likely an injured party will require extended medical care. Some injuries, such as traumatic brain injuries will require continued medical care and assistance with tasks of daily living for the rest of the injured party’s lifetime.

Higher Settlement Values in Truck Accident Cases

Valuation in personal injury cases can be complicated and is dependent on the circumstances of each case. Because trucking accident cases tend to have higher damages, they also tend to have higher settlement values. Some of the valuation issues surround the severity, duration, nature, and limitations of an injury and its effect on a person.  A valuation can also be affected by the trucker’s actions. A trucker who knowingly places the public at risk by his or her reckless actions and causes an accident may be exposed to punitive damages. This can be the case, for example, if a trucker drinks alcohol or ingests other intoxicants prior to driving.

Low-cost Consultation: Oklahoma City Truck Accident Attorney

These cases can have catastrophic injuries that may affect a victim for the rest of his or her life. Getting legal help can mean the difference between recovering and drowning in medical bills. Get help when you need it most. You pay nothing for our representation in personal injury cases until we get you the compensation you deserve. Before we even start working on your case, we want you to know where you stand. A call to the Personal Injury Law Office of Oklahoma City costs you nothing, but the information you receive could be invaluable.

For a initial, no-risk consultation with a knowledgeable Oklahoma City personal injury attorney, call today: (405) 716-4878  (716-HURT).

If you prefer, you may send your question via e-mail using the form at the top right of this page. We’ll get in touch with you as soon as possible. Don’t wait another minute to find out what you may be owed. Call the Personal Injury Law Office of Oklahoma City today!