Carr & Carr

For most of us, summer is the perfect time to get on our bikes and go for a ride. Long hot afternoons and balmy summer evenings enhance the appeal of this popular sport, yet statistics compiled by the U.S. Department of Transportation, summer is also the most dangerous time for cyclists. The average annual number of cyclist deaths is around 770, and most of these involve crashes with automobiles during the summer months. This could be due to the fact that other road users are also affected by that carefree summertime attitude, and therefore pay less attention to vulnerable cyclists sharing the road. However, let's not forget alcohol and other drugs can play a part in these statistics too.

No matter how well prepared cyclists may think they are for their journey, whether it's for work or for pleasure, other motorists are always a potential threat. Cyclists should use defensive driving techniques, just as they would when driving a car. The recent tragic case in Matamoros, Mexico is a horrific reminder that cycling, cars and alcohol don't mix. 7 competitors in a cycling race were seriously injured, one fatally, when a drunk driver ploughed through the pack.

It is estimated that one third of all cycling accidents are caused because either the cyclist or the vehicle driver is under the influence of alcohol. Tough legislation gets ever tougher, but still has some way to go to change the attitude of many, and the push in a number of states for harsher penalties for those who fail to comply seems reasonable and inevitable.

Carr & Carr, Attorneys at Law, serving Tulsa and Oklahoma City, all of Oklahoma and Northwest Arkansas, can advise you of your legal rights if you or a loved one has suffered as a result of a cycling accident. Please contact our professional team of experts for assistance.

by Sharon Dunn

Brent Berry, one of our Oklahoma City litigation attorneys, won a trial on Tuesday, July 8th, in Cleveland County, Oklahoma, regarding a case that reflects many parents' worst nightmare.

On June 29, 2005, Brent's client, a 10-year-old girl, was crossing the street after purchasing an ice cream treat from the neighborhood ice cream truck. A witness testified that the girl stopped and looked both ways before stepping into the street. Unfortunately, the Defendant was driving too fast and too close to the ice cream truck while talking on his cell phone, disregarding the truck’s flashing lights and extended 'stop' sign. As a result, he ran into Brent's 10-yr old client in the middle of the street, knocking her up onto the hood of his vehicle. As the vehicle came to a stop, she was thrown off the hood, ending up about 40 feet away from where she was hit, with multiple areas of road rash and a concussion, but fortunately no life-threatening injuries or broken bones. She was taken to the emergency room and released without further treatment. Her medical costs reached almost $10,000.

Although the Defendant claimed that the girl darted out in front of him and that there was nothing he could do to avoid the impact, Brent was able to convey the facts of the case and present the evidence in such a way that resulted in a comparative verdict in favor of his client. This means that, while the court found that each party bore some degree of fault, the greatest degree of fault was laid upon the Defendant. Before trial, his insurance company had offered only $12,500 to settle the claim. The verdict resulted in an award of approximately $32,000 on the part of the Defendant.

Again, Congratulations, Brent Berry - good job!

by Sharon Dunn

Congratulations to our own Guy Thiessen, the 2008 President of the "Oklahoma Association for Justice." This organization, formerly known as "Oklahoma Trial Lawyers' Association" (OTLA), is a group of attorneys who have joined together to protect the rights and interests of their clients - the plaintiffs (the injured party in any lawsuit). OAJ has guarded the rights of the working men and women of Oklahoma for over sixty-five years.

Attached to this blog as a hyperlink is a copy of the Spring, 2008 edition of "The Advocate," which is a publication of the Oklahoma Association for Justice. Click here: ADVOCATE.pdf This posting has been approved by the publisher and you might enjoy reading the "President's Message" on Page 5 as well as some of the other articles written by Association members.

Guy, who manages the Tulsa offices of Carr & Carr, Attorneys, concentrates his practice in the areas of catestrophic personal injury, wrongful death, nursing home injuries, product liability and insurance bad faith. He is married and he and his wife have two children.

For many of us, the daily commute to work each day is just part of our normal routine. If we travel by train, we may think very little about the driver who controls the train. We're more likely to be thinking about the day ahead or what we're going to have for dinner. However, the potential danger for passengers who rely on public transport is high, as the recent Muni train crash in San Francisco so graphically highlighted.

Investigators working at the crash site now believe that one of the trains was traveling at an excessive speed; perhaps 6 times the normal speed limit. 12 people were taken to the hospital with injuries suffered during the crash, but none were seriously hurt. However, the psychological effects of the incident may only become apparent in future weeks and months. Witnesses and passengers apparently had no warning that anything out of the ordinary was about to happen. Weather conditions were clear, and a street supervisor employed to ensure the smooth running and coordination of the train services in the area observed the accident.

Both drivers were required to undergo drug and alcohol tests, as is standard procedure in such cases. The investigation is ongoing, but we can be sure of one thing - the public's confidence in the train system takes a knock every time such an accident occurs.

If you or a loved one has suffered as a result of a train crash, you may be entitled to compensation for your injuries, lost wages and other things. Contact Carr & Carr, Attorneys at Law to learn how we can help you to make a claim for compensation.

by Patrick E. Carr
Arvest Bank's former employee, Rhonda Harris, was sentenced yesterday (July 15, 2008) for money laundering. She had previously entered a guilty plea. She was sentenced to fourteen years in federal prison for embezzling more than $5 million. News reports indicate that Harris would divert funds from Wagoner branch customers who thought they were opening CD accounts and that this happened with more than 80 accounts. Instead, Harris would take the funds and not finish the paperwork. News reports also indicate that Arvest reimbursed most of its customers. If you were an Arvest Bank customer at the Wagoner, Oklahoma branch and had this happen to you or if you are suspicious about your accounts, you might have a claim for damages. Carr & Carr can evaluate your situation to see if you have a valid claim. Please contact us if we can be of service to you.