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Dorel Asia Recalls 635,000 Cribs That Pose Strangulation and Suffocation Hazards

3-1 Convertible Crib - Natural Model # DAKM1615B3

Dorel Asia SRL is voluntary recalling cribs that pose strangulation and suffocation hazards to infants and toddlers.  All consumers, including those in Oklahoma, should immediately stop using the recalled cribs.  About 635,000 drop-side and non-drop side cribs are affected.  The cribs were sold for between $120 and $700 nationwide at Walmart, K-Mart and Sears from January 2005 through December 2009. If you have purchased any of these recalled products or have been injured by them, contact the Oklahoma crib lawyers at Carr and Carr Attorneys law firm.  Each lawyer will help you see if you can obtain compensation for either purchasing one of these recalled cribs or being injured while using the crib. Continue reading “Dorel Asia Recalls 635,000 Cribs That Pose Strangulation and Suffocation Hazards”

$1M for Client Hurt in ‘Minimal Damage,’ Rear-end Collision

Tye Smith of our Oklahoma City office began a trial on June 23, 2009, before the District Court in Tulsa County.  Both parties agreed to have the assigned judge make the ruling, instead of a jury.  Our client had chronic complaints of neck pain following a rear end collision where the investigating officer estimated the damage to our client’s vehicle at $100, and the front of the other vehicle at $50.  The other driver claimed our client was not hurt and that all of the x-rays and MRIs were normal.  Our client’s doctors responded that she had damage to the facet joints in her neck and had also developed a rare disorder called Complex Regional Pain Syndrome as a result of her neck injury. Continue reading “$1M for Client Hurt in ‘Minimal Damage,’ Rear-end Collision”

Kay County Jury Finds County Employee at Fault

Tye Smith from our Oklahoma City office tried a case to a jury in Kay County this week where the defendant was Kay County.  A county employee was driving a large bucket truck down a city street after clearing snow when the employee decided to make a left turn without checking behind him to see if anyone was attempting to pass him.  Unfortunately, our client was in the process of passing the bucket truck, which caused our client to run off the road and into a ditch.  Our client suffered damage to her vehicle and neck and back injuries. Continue reading “Kay County Jury Finds County Employee at Fault”

What To Do Following a Tulsa Car Accident

With the number of cars on the road each day and the number of drivers, it is no wonder that most people who drive will be involved in a car accident sometime in their life.

We have represented many car accident victims who did not even realize they suffered an injury at the time of the accident. Oftentimes, injuries from vehicle accidents are not immediately apparent.

For this reason, you should seek medical attention regardless of whether or not you feel injured.   Continue reading “What To Do Following a Tulsa Car Accident”

Brain Injury in Children and Infants

Brain injuries are very difficult to diagnose, and this is especially true in infants and children. The symptoms of brain injuries are often not apparent for days, and the symptoms of brain injuries resemble many other kinds of injuries. Even in adults, traumatic brain injuries are often misdiagnosed or not diagnosed at all. When brain injuries are not diagnosed in a timely fashion, the consequences can be quite serious. Continue reading “Brain Injury in Children and Infants”

Oklahoma County Jury Rules in Favor of Carr & Carr Client

Attorneys Tye Smith and Greg Smart from our Oklahoma City office obtained a verdict in favor of a Carr & Carr client  in a disputed red light case.  Our client injured her hand after proceeding into an intersection.  A witness at the scene said he was behind our client and that she had a green arrow.  The other driver produced a witness later who claimed she was present and that our client had a red light. Continue reading “Oklahoma County Jury Rules in Favor of Carr & Carr Client”

Serious Injuries and Four-Wheelers

Approximately 140,000 people are treated in emergency rooms each year for injuries sustained while riding four-wheel vehicles. In a twenty-year period, from 1982 to 2002, 6,500 people died in four-wheeler accident, and nearly a third of those deaths were children under the age of sixteen. Due to the immense popularity of these vehicles, these numbers are only expected to rise. These vehicles are prone to rollover accidents, which can result in crushing injuries and death and loss of limbs. Continue reading “Serious Injuries and Four-Wheelers”

Comparative Negligence Attorneys in Oklahoma

If you were injured in an Oklahoma traffic crash in which multiple drivers share fault, you may encounter the phrase “comparative negligence” (also known as “comparative fault”).

In this post, the Oklahoma personal injury lawyers at Carr & Carr Attorneys at Law discuss comparative fault and how it impacts injury victims’ ability to recover compensation for medical expenses and other damages after a wreck.

What is Comparative Negligence?

Comparative negligence is a legal principle that many states—including Oklahoma and Arkansas—apply when more than one driver is responsible for a motor vehicle accident.

Under comparative negligence laws, a percentage of liability is assigned to each driver deemed at fault for a crash. Each individual involved could be awarded damages based on the other drivers’ levels of liability.

For example, consider a collision at an intersection between two cars. Driver A runs a stop sign and T-bones a car operated by Driver B, who had the legal right-of-way but was speeding. In this case, Driver A may be found 80 percent at fault and Driver B assigned 20 percent fault. If Driver B was injured and suffered $100,000 in damages, Driver B could collect $80,000 from Driver A’s insurance provider with the remaining $20,000 covered by his or her own insurance company.

Oklahoma’s 50-Percent Rule

Oklahoma’s comparative negligence statute includes a so-called “50-percent rule.”

In Oklahoma, the ability to pursue damages under comparative negligence applies when a crash victim is 49 percent or less liable for the accident. If a crash victim is at least 50 percent liable for the wreck, he or she can’t seek compensation from other at-fault parties.

If Driver A in the example above had also suffered injuries in the crash, he or she would not have been eligible to recover damages from Driver B under Oklahoma’s 50-percent rule. It’s important to note that not all states with comparative negligence laws also adhere to the 50-percent rule.

Establishing Negligence in an Oklahoma Car Crash

Negligence is the failure to act with reasonable care. When assessing negligence, law enforcement and the courts consider whether an individual’s actions created an unreasonable risk of harm to others, and whether the individual attempted to eliminate or reduce that risk.

A driver can be deemed negligent for something he or she should not have done, such as running a red light or speeding. A driver may also be negligent for failing to do something he or she should have done, such as stopping for a pedestrian at a crosswalk or using headlights while driving at night.

When it comes to injury-related legal claims, there are four key factors that must generally be proven to establish negligence:

  • The defendant had a legal obligation to the plaintiff
  • The defendant breached that obligation
  • The plaintiff suffered an injury and/or other damages
  • The defendant’s breach of legal obligation caused the injury and/or other damages

Consider the above example again. Driver A had a legal obligation to Driver B to stop and yield the right-of-way. Driver A breached that duty by proceeding into the intersection without stopping. Driver B was injured, and those injuries were the result of Driver A’s negligence.

Establishing negligence after a car crash is important in determining the amount of damages you receive. However, there are many factors that can ultimately affect your share of liability. These factors can include police reports from the scene of the accident, witness accounts from others who saw the accident take place, and input from insurance adjusters.

How an Experienced Car Accident Lawyer Can Help

When multiple parties are responsible for a crash, insurance providers often attempt to shift the levels of responsibility in an effort to reduce the amount of money they pay out. This can prevent injury victims from getting the compensation they truly need to recover.

If you were hurt in an accident that was caused at least in part by another driver’s negligence, it’s a good idea to discuss your case with an experienced attorney. The Oklahoma personal injury lawyers at Carr & Carr understand that initial insurance company settlement offers are rarely enough to cover injury victims’ long-term needs.

Our attorneys can investigate your case and gather evidence to fairly assess negligence, guide you through the claims process, and negotiate with the insurance companies or their legal counsel to achieve a just settlement. We offer free consultations to help you understand your options, and we don’t charge for our services unless we collect compensation on your behalf.

If you were hurt in an accident that was caused by a negligent driver, please call us today at 866-510-0580 or contact us online. Carr & Carr has offices in Tulsa and Oklahoma City, but we’re proud to represent injury victims statewide.

Daycare Abuse

With so much dramatic media coverage of abusive behavior toward children in daycare environments, many parents come to believe that such abuse is more prevalent than it actually is. In reality, such cases occur only rarely. In our over 30 years of practicing law, we have helped families through the heartache and anguish of varied forms of abusive behavior towards children in the daycare setting. We understand families’ rights and advocate for families on every front. Continue reading “Daycare Abuse”

Propane Tank Alert

Barbecues are a much-anticipated highlight of summer weekends and, across the nation, families prepare for the grilling season in earnest. However, the next time you exchange your propane tank for your grill, make sure you check carefully for signs of corrosion and damage from anhydrous ammonia. Continue reading “Propane Tank Alert”

Toxic Exposure Case Taken to 10th Circuit Court of Appeals

I recently argued a case before the 10th Circuit Court of Appeals in Denver, Colorado. I represent several dock workers in a case filed against J.B. Hunt Trucking. The workers were exposed and injured by a hazardous material while sweeping out a trailer, which had been used to deliver bundles of recyclable paper. The Trial Court threw the case out because we were not able to prove where the hazardous material came from. Of course, the only the information we had on that was from the defendant, J.B. Hunt. Continue reading “Toxic Exposure Case Taken to 10th Circuit Court of Appeals”

Blown Truck Tires Can Lead to Tragic Accidents

One of the staples of driving on the Oklahoma highway is seeing the remnants of a blown tire scattered across the road. Called “road gators,” people sometimes have to maneuver to avoid running over them. The fact is many of these road gators are the result of a truck tire blowout.  Another fact is that these blown tires, often due to defects in the tire itself, are a very serious hazard that can result in collisions with injuries or death.  However, it isn’t only drivers of automobiles that need to be aware of the debris on the road, but truck drivers who may lose more than one tire at a time. Continue reading “Blown Truck Tires Can Lead to Tragic Accidents”

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