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Articles Tagged with Compensation

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Distracted driving can often to prove to be rather dangerous and injurious, not only for the distracted driver, but also for others who occupy the road with that driver, such as those in the car with him or her, the occupants of other vehicles, pedestrians, motorcycle riders and bicyclists. Distracted driving is defined as any instance where the driver of a car or truck loses focus on the road while driving due to any external stimuli.

Such stimuli causing a distraction might include driving while texting, driving while talking on a cellphone or driving under the influence of alcohol or drugs. Oklahoma laws strictly prohibit distracted driving in order to ensure that the roads are safe. Many injured victims of car accidents often consult legal professionals who specialize in accident cases in order to seek full compensation for their injuries.

Recently a three-vehicle car accident was reported in Tulsa. The preliminary investigation conducted by law enforcement authorities revealed that the driver of one of the trucks involved was found to have engaged in distracted driving when he reached down to pick up a dropped cellphone. During the moments required to retrieve the phone, the driver took his eyes off the road and lost control of his vehicle, which ultimately caused the multi-vehicle accident.

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Across the United States, thousands of people die every year as a result of fatal motor vehicle accidents. Those fatal motor vehicle accidents often have far-reaching consequences, both personally and financially. The loss of a loved one paired with funeral expenses and loss of earning can have a devastating effect on a family’s well-being. In some situations, a fatality in such an accident may be considered a wrongful death, and state laws allow for the deceased accident victim’s family members to claim compensation.

An instance where the death of a motorist was caused by the negligence or recklessness of another driver might be considered grounds for a wrongful death lawsuit. The accident victim’s surviving family members may have the legal right to sue the other driver for wrongdoing and claim damages and compensation for their loss. This may include the recovery of lost income and benefits, along with compensation for pain and suffering.

Medical bills accrued prior to the death of the accident victim as well as wages lost as an indirect result of the accident can also be recovered in the event that the family chooses to sue for compensation. The compensation will be divided among the heirs. Such compensation can at least help the family members address some of the financial issues that come up after the accident.

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Throughout the country, including in Oklahoma, most large motor vehicles such as semi-trailers and buses are categorized as commercial vehicles. In addition, smaller vehicles, such as taxis, delivery vans and vehicles that are used in the routine performance of business, are also categorized as commercial vehicles. Under Oklahoma law, vehicles and their operator must meet strict specifications and regulations so that they do not present safety threats to other motorists. These regulations also help ensure that anyone who operates these vehicles in a negligent manner will be held responsible for any necessary compensation or damages.

Enforcement of these provisions has been assigned to the Oklahoma Highway Patrol, which has established a separate division-Troop S or OHP-S-to enforce all relevant commercial vehicle regulations. The stated objective of this Commercial Vehicle Enforcement Unit is to protect Oklahoma residents by curbing motor vehicle accidents that involve commercial vehicles. In addition to ensuring safety, the OHP-S also tries to prevent and stop criminal activities that can be committed using commercial motor vehicles, such as the smuggling of illegal goods, contraband and people.

The OHP-S is able to achieve its objectives through a three-pronged strategy. It analyzes statistical data and uses the results to develop and implement a commercial vehicle enforcement strategy. It also carries out problem-specific activities that affect the commercial vehicle industry. Finally, it educates not only those in commercial vehicle businesses, but also the general public about various aspects of commercial vehicle safety.

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Motor vehicle accidents on Oklahoma roads result in many instances of severe injury to Oklahomans every year. The consequences of some motor vehicle accidents lead to fatalities. All modes of transportation are vulnerable to accidents. In many cases the victims may suffer major fractures or disabilities that compromise the rest of their lives. The attorneys at Hawkins Law Firm have successfully represented victims of motor vehicle accidents for decades.

Motor vehicles vary in size and weight which can greatly affect the severity of injury sustained in an accident. A motorcycle rider or a bicyclist is vulnerable to greater injury in a motor vehicle accident, because collision with a car or truck can result in devastating injury due to lack of protection. A majority of motor vehicle accidents are linked with distracted driving, which can take the form of driving while intoxicated, texting while driving, driving under the influence or even talking on the cell phone while driving.

If a motor vehicle driver is found guilty of any traffic violation which causes an accident, the accident victim may be entitled to compensation from the driver, his or her car insurance company, or in the event of one with a commercial driver, the company that employs the driver.

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Many Oklahoma residents are worried about the well-being of their loved ones who are placed in nursing homes. Probably the concern arises when people think about the level of attention and care those loved ones need against the various reported incidents of nursing home abuse and neglect commonly featured in the media. Though many incidents of nursing home neglect and abuse may not be fatal or cause great harm but there have been some cases of nursing home deaths.

However, a new bill introduced in the Oklahoma legislature may now make it possible for a nursing home to be held liable if a resident dies or suffers serious injury while in a nursing home setting. According to reports, the new law would create a review board empowered to investigate all cases of injuries and death at nursing homes in Oklahoma. The investigations would be targeted toward determining if the death or injury was a result of abuse or negligence.

According to reports, as many as 3,500 elderly Oklahoma nursing home residents die every year as a result of abuse or neglect. Moreover, Families for Better Care, which is a non-profit organization that rates state-owned nursing facilities, graded Oklahoma as “F” with an overall ranking of 49, making it among the worst states in the country for elderly care. The state’s effort to improve and provide the best possible care to elderly residents is long overdue and necessary to burnish the state’s reputation due to the harm suffered by the low ranking.

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Medical malpractice is not something most Oklahomans associate with personal injury. In reality, a medical error can result in a catastrophic injury and leave a patient with physical and emotional distress and financial problems because of the expense of treatment. Victims and their families can pursue a legal remedy by filing a medical malpractice claim to seek some measure of justice and to assert their need for compensation to cover medical expenses and related damages.

In Oklahoma, victims need to file medical malpractice lawsuits within two years of their discovery of the medical error. Cases filed after this period are usually declared invalid. This statute of limitation, however, only holds for adults who are victims of medical mistakes. For children 12 or younger, the period is longer – seven years after the injury is discovered. For children older than 12, the period becomes more complicated. They have until age 19 to file a claim themselves or have one filed on their behalf by their parents or a legal professional. In all cases for those older than 12, they have a minimum of two years to file.

Oklahoma also has laws in terms of damages victims can receive. If the evidence shows that there was indeed negligence and malice on the part of the hospital or medical practitioner, then victims can be awarded punitive damages up to $500,000. If a court finds a defendant acted in reckless disregard, the amount is capped at $100,000. If a court deems that a defendant overwhelmingly acted with malice, reckless abandon and the intent to harm another person, then the court can award any amount it sees fit. Economic damages are not subject to limits.

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Oklahoma, motorcyclists are aware that their bikes offer no protection in most accidents. When motorcycle accidents do occur, the motorcyclists often sustain serious injuries or death. Our law firm can help motorcyclists and their families in the aftermath of an accident caused by another driver’s negligence.

A serious motorcycle accident can leave a rider severely injured Riders can also suffer financially from an accident because of expensive medical treatment, rehabilitation and being unable to work. However, if the accident was the result of another person’s negligence, then our skilled lawyers can help victims fight for justice and seek the compensation they truly deserve.

In the aftermath of most motorcycle accidents, a claim must be made against the negligent driver’s insurance company. These companies often attempt to shift the blame to the riders in order to deny their claims. They also attempt to persuade victims to accept early settlements that will be insufficient for the victims’ needs in the long run. Fortunately, our law firm’s namesake worked for such companies early in his career and is aware of their tactics. His insights can help motorcycle accident victims receive what they need.

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Drunk driving is never a good idea, regardless of whether an Oklahoma driver is behind the wheels of a car or any other vehicle. However, the stakes are higher when an Oklahoman is driving a truck. The truck’s enormous size can cause extensive damage when an accident occurs. The truck’s cargo can add to the devastation by spilling over and causing additional accidents on the roadway. Such a situation recently happened northeast of Tulsa, Oklahoma.

According to the Oklahoma Highway Patrol, at around 4:30 a.m. a semi-trailer, which was carrying boxes of groceries, was traveling westbound on Highway 60 when it swerved off the highway, scattering the boxes it was carrying. A tanker truck, which was also on the westbound lane, as well as a pickup which was eastbound, crashed into the boxes that were scattered on the highway. A news report indicated none of the drivers were seriously injured but did not provide any further detail on injuries suffered by the pickup and tanker truck drivers.

Troopers arrested the semi-trailer driver on suspicion driving while being intoxicated. He was subsequently booked into the county jail.

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Oklahomans, like many Americans, will pack shopping malls this holiday season as they buy gifts for their loved ones. But shoppers have more company than just other shoppers. Thieves and other criminals take as much advantage of unsuspecting crowds of shoppers as they can. Because shopping malls can face liability if they fail to keep shoppers safe, they must be mindful of safety practices that can help protect shoppers.

Beef up security. As the numbers of shoppers increase, so should the number of mall security personnel who look after shoppers and patrol a mall’s interior and exterior. Mall managers can also add security escorts who look after shoppers as they leave the mall and head to their vehicles, especially at night. Additional help from local police officers may also be available.

Increase the number of eyes and light up the scene. Adding closed-circuit television cameras can help monitor the most problematic areas of the mall, especially parking lots. Additional lighting can also help prevent criminal activity. Criminals avoid well-lit areas because it makes them easier to identify.

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Despite being cautious, motorcycle riders in Oklahoma can still get injured when negligent drivers are on the road. Since motorcycles provide no protection for riders, motorcycle accidents can often result in serious harm, such as a spine or brain injury. Besides being injured, victims can also suffer the burden of shouldering the medical costs and other expenses. However, when the accident is caused by someone else’s negligence, victims need not suffer financial injuries as well. Our Tulsa-based law firm can help victims during this challenging time.

Our experienced lawyers will aggressively fight for the rights of victims. More importantly, we will make sure that they receive the compensation that they truly deserve. Besides dealing with the negligent party, insurance companies often give victims a hard time. These companies often place the blame on the motorcyclists in order to deny claims. They also seek to minimize claims, leaving an injured victim with insufficient funds for recovery.

This is where our law firm has a distinctive advantage. Earlier in his career, our law firm’s namesake represented insurance law firms, so he knows the strategies that they employ. More than that, he knows how to overcome their dubious tactics that pressure victims to accept one-sided settlements. Our lawyers will make sure that victims receive compensation that covers past and present damages, as well as possible damages that can occur in the future because of their injuries.