Oklahoma Injury Lawyer Blog

When Aavery Ross was riding his bike recently, a black Mercedes struck him. In an interesting turn of events, the driver gave Ross fifty dollars before fleeing the scene. As reported in Oklahoma's Own, Ross is now on the hunt for the driver of the black Mercedes.

According to Ross, he saw the Mercedes coming and yelled "stop, stop, stop, bicycle." The Mercedes did not stop, instead colliding with Ross and knocking him to the ground. Ross then remembers the driver of the Mercedes parking his vehicle to check on him.

As Ross explained, "I was kind of banged up and he was speaking blasphemy, like G.D.,
G.D. He's like 'do think 50 bucks will fix it?' I said 'I don't know,' so he just gave me 50 bucks and said 'are you sure you're alright?' I said, 'I don't know, I don't know.'"

Ross, who was too shook up to get any information from the driver, was stunned when the driver simply left the scene of the accident. Ross was later taken to the hospital and treated for a hematoma. Today, Ross stands at the intersection near where the accident occurred, watching for the black Mercedes. According to police, although the driver stopped, his actions were still illegal because he did not exchange information with Ross.

Today's article is a guest blog post from the attorneys at Bisnar|Chase:

Pain in the muscles, tendons, joints, or ligaments of the neck can be the result of a neck injury. Neck injuries can be caused by a variety of types of accidents, and any neck injury should be treated as serious. Neck injury lawyers focus on cases in which injuries to the neck cause pain or long-term damage and health problems.

Neck injuries include a number of different classifications of injuries. The most common type of neck injury is known as "whiplash." Whiplash is an overextension of the neck muscles resulting from the severe forward and backward motion common in car accidents. Whiplash can cause muscle spasm, pain, headaches, and swelling. Some whiplash victims suffer for an extended period of time with their injuries, while others heal rather quickly. In extreme cases, whiplash victims may require long-term physical therapy to recover from their injuries.

Other types of neck injuries include non-lethal and lethal bone breakage. Some accident victims die from broken necks in car accidents, but others survive, although they often suffer long-term paralysis or reduction of movement. Less serious neck injuries include sprains, strains, and pinched nerves. Although these injures are rarely life-threatening, they can be painful and inconvenient and may require medical treatment for some time before they are resolved.

Neck injuries are serious by their very nature, no matter how mild the results may seem to be. The neck is a very vulnerable area to damage, and it is very easy for long-term disability to result from what seems at first to be a "slight" neck injury. It is very important to see a doctor immediately at the first sign of neck pain. Some patients have mistakenly shrugged off a neck injury immediately after an accident, only to find weeks or months later that they are suffering from recurring headaches, limited movement, or other problems. A qualified medical professional should examine any neck injury and his or her recommendations should be taken seriously. Many doctors recommend physical therapy and other preventative measures to keep neck injuries from becoming worse or having long-term consequences. It is also very important to monitor a neck injury for an extended period of time after a "cure" has been affected, as many neck injuries can persist for years after the initial damage was done, and can flare up at inconvenient moments.

Neck injury lawyers can help you recover damages if you have been injured in a car accident, slip and fall, or any other type of accident. Neck injury lawyers are personal injury lawyers who specialize in the knowledge and skill necessary to get you the maximum settlement for your neck injury. Before you sign any waivers or agreements with insurance companies or opposing attorneys, be sure you talk to a professional injury lawyer about your claim. A neck injury lawyer may be able to get you far more for your claim than you expect in medical bills and damages, and will certainly help you preserve your rights in any neck injury accident case.

Today's blog post is a guest post from the law firm of Console & Hollawell P.C.:

A car accident can happen in an instant, but the pain that results can last for months, even years. According to a study done by the University of Aberdeen School of Medicine and Dentistry in Scotland, people who suffer injuries in automobile accidents are more likely to develop chronic pain--long-term pain that is more resistant to medical treatment--than individuals who have been injured in other traumatic events.

The study observed 2,069 people who provided information about musculoskeletal pain three times over the course of four years. In addition to providing information on their pain, the study participants were also asked if they were victims of any of six physically traumatic events: automobile accident, workplace injury, surgery, broken bones, childbirth, or hospitalization.

Once researchers had all information, and after making adjustments for certain factors, they determined that the participants who reported being in a car crash had an 84% increased risk of developing chronic pain.

Injuries sustained in car accidents are unlike other injuries. In a car accident, the body is exposed to forces that it is simply not built to withstand. It's not surprising  that automobile accidents result in chronic widespread pain.

While chronic pain can be difficult to treat, it can be managed through a variety of traditional treatments, such as pain medicine and physical therapy, as well as alternative treatments, such as massage, acupuncture, guided meditation, and energy healing.

The best treatment or chronic pain is the treatment that minimizes symptoms. If you or someone you love has recently been in an automobile accident, schedule a free consultation with a New Jersey injury attorney to find out how you can increase the chances of getting the therapy and treatment you need for your chronic pain. 

 

According to the National Highway Traffic Safety Administration, 20% of injury car accidents in 2009 involved distracted driving. Cells are typically to blame, but new research shows that we are "driving under the influence of dogs." AAA encourages dog owners to restrain their pets to help avoid an accident:

"It's sometimes a hassle but drivers really should use a pet restraint system every time the pet is in the vehicle," said Chuck Mai, spokesman for AAA Oklahoma. "An unrestrained 10-pound dog in a crash at only 30 mph will exert roughly 300 pounds of pressure, while an unrestrained 80-pound dog in a crash at only 30 mph will exert approximately 2,400 pounds of pressure. Imagine the devastation that can cause to your pet and anyone in its path. Restraints not only limit distractions, but also protect you, your pet and other passengers in the event of a crash or sudden stop."

The Oklahoma Senate has an upcoming vote on SB 272. The bill was originally proposed to deal with relationships with car dealers and car manufacturers.

The bill was recently amended to incorporate a "no pay, no play" section for consumers. Basically, if you don't have car insurance, and you are in an accident that is not your fault, your pain and suffering damages are zero.

Guess who benefits from this type of legislation? The people that are funding it: insurance companies.

There's another push in Oklahoma to ban texting while driving in Oklahoma. State Rep. Danny Morgan is leading the charge.  There's been at least 30 states to ban text messaging and driving.  An interesting fact:

A U.S. News and World Report ranked Oklahoma at 47 out of 50 in a ranking of the worst teen drivers, citing an average of 115 teenager deaths on Oklahoma roads every year.

Some insurance companies will disclose the policy limits before a lawsuit is filed, but they are not actually required to. They are, however, discoverable once a lawsuit is filed.

There's a new city proposal in Tulsa that would bill the at fault driver a flat fee. The $200 fee goes to help pay for the Tulsa Fire Department.

According to Car and Driver, Texting is more dangerous than driving drunk. The magazine tested two drivers' reaction times at both 35 and 50 mph to get a baseline. They then had the drivers read a text message (Caddyshack quotes!) while driving. The drivers then drank screwdrivers until their b.a.c. was .08%. At the highway speeds, the delay in stopping caused the car to trave an average of 70 feet farther.

Nothing against insurance adjusters themselves, but don't take legal advice from them! They work for the insurance company of the person that hit you. They are not on your side.

I've had several people in the last week tell me that "the insurance adjuster said to be careful not to run up too high of a bill, so I didn't bother to go to the doctor."

The rule is straightforward: if you are hurt, go to the doctor.

Rant off.

I had a client ask this recently. It looks like we're going to need file a car accident lawsuit to get the other driver's insurance company to do anything.

Guess what happens if you get into an accident that is your fault?

Your insurance company steps in! The insurance company's lawyers will handle the case as well. The insurance company will also pay any type of settlement that is negotiated.

Here's an interesting one:

I have an old car that I rarely drive. I have insurance and uninsured motorists coverage for my daily driver. If I'm driving my old car and someone without insurance hits me, will my UM coverage help?

Nope. The actual language in the statute is "there is no coverage for any insured while occupying a motor vehicle owned by, or furnished or available for the regular use of the named insured, a resident spouse of the named insured...if such motor vehicle is not insured by a motor vehicle policy."

Here's the actual statute: 36 O.S. 3636(E).

Here's a question I hear a lot in car accident injury cases:

Is the opposing driver's insurance company required to tell me how much coverage they have?

No, the insurance company isn't required to disclose this. It doesn't hurt to ask though. Some insurance adjusters will say what their limits are, but most will not provide this information.

The policy limits are discoverable after a lawsuit is filed.

No, not necessarily. A lot of auto accident claims settle without the need for a lawsuit to be filed. Remember that an insurance claims adjuster will not sign off on a fair settlement unless there is a reasonable risk of having to pay something at trial.

Some insurance companies have a different set of adjusters that only handle cases that have been filed. Based on my experience, these adjusters are generally authorized to settle the same claim for more money.

I had a deposition recently with a car accident client.  The people present at the deposition were: my client (he was the one giving the deposition), a court reporter, two attorneys from the opposing side, and myself. 

After the deposition, my client complained "that seemed to last forever, it was like they didn't want to leave." 

I mentioned that the defense attorneys are generally paid hourly and that they were in no hurry (I'm sure they were just being thorough as well).  His response: "Whoa, how does the other driver afford two attorneys."  Quick answer: they work for the other driver's insurance company.