Oklahoma City School District Sued for Elevator Accident

In Oklahoma, the owners of property are expected to make sure that there are no hazards on the land or in the buildings that could injure others. All property owners have some degree of obligation to maintain their locations in a safe way, and this is especially true of schools where kids are required to spend their days.

One Oklahoma City school, unfortunately, may have fallen short in its obligations and thereby created a dangerous situation for its students. According to UPI.com, the school is being sued for injuries arising out of an elevator accident. While a lawyer for the District indicates that it was the plaintiff who was at fault for causing the accident, our Oklahoma City injury attorneys know that often elevator accidents occur as a result of inadequate maintenance or other fault on the part of the property owner.

Oklahoma City Elevator Accident at School

The recent case reported by UPI is arising out of an accident that took place in November 2011. A seventh-grader along with two other girls walked through a door and onto the floor of an elevator shaft. The girls became trapped in the elevator shaft and suffered injury when the elevator car pressed down on them. Two of the three girls did not take legal action after the accident, but the third student has filed a lawsuit. She was the most seriously injured in the elevator accident and is seeking at least $100,000 in damages from the school district.

Her attorneys said that the larger damage award will provide payment for the ongoing medical treatment required. The payment will also compensate the elevator accident victim for the fact that the accident resulted in permanent disfigurement.

The attorney for the school district denies that the school did anything wrong and indicates that the injured plaintiff was the one who was responsible for the accident. However, the Superintendent of the school district indicated three days after the accident occurred that the door to the elevator should have been locked. This failure may be viewed as a negligent failure giving rise to legal liability on the part of the school. Furthermore, the fact that the door was not locked was what made it possible for the three girls to open the door and fall down into the elevator shaft. Thus, there is an argument to be made that the school district was negligent in a way that led directly to the accident.

The District’s attorney, of course, argues that the plaintiff’s own negligence was the entire cause of injuries. The District’s attorney also indicated that the plaintiff’s comparative negligence was sufficient to prevent the victim from recovering compensation. Comparative negligence means that a person can obtain compensation for injuries even if he or she was partially to blame for an injury. However, under Oklahoma’s modified comparative rule, the plaintiff cannot have been more than 50 percent responsible for causing the injuries.

It will be important for the injured plaintiff here to be able to show why and how the school fell short and to directly link the school’s failure to the elevator accident in order to have a chance of recovering compensation.

If you’ve been in an Oklahoma City, OK accident, contact Daniel M. Davis, attorney and counselor of law, today at 1-800-HURTLINE.

Fatal Car Accidents Underscore The Risk to Teen Drivers

12
Apr
By: Dan Davis Law

Our Oklahoma City accident attorneys are aware of the sad fact that motor vehicle accidents are the leading cause of death for young people between the ages of 15 and 20. Unfortunately, as the weather gets warmer and kids have spring break and then summer vacation, teens may be more likely to go out driving and may thus be at greater risk of becoming involved in a wreck.

Recently, an article on CNN.com addressed this important issue, highlighting several recent tragic wrecks throughout the United States in which teenagers died. CNN discussed some key statistics in their article that teen drivers and their parents should be aware of as well as highlighted some of the greatest risks that contribute to teen car accident deaths.

Troubling Statistics on Teen Car Accident Fatalities

To underscore the dangers of teen car accidents, CNN shared personal stories of teens who were killed or seriously injured and families who lost loved ones. One 21-year-old, for example, lost control of his car when he was texting and suffered multiple broken bones including a compound leg fracture and a fractured skull. He also crushed his eye sockets and punctured his lung. All his injuries combined resulted in a lengthy and expensive multi-million dollar recovery.

This story, tragically, is not unusual and thousands of teens each year suffer injuries or are even killed in wrecks. As the article reported:

  • Approximately 2,700 teens between the ages of 16 and 19 were killed in car accidents in 2010. This is more than seven deaths of young people each day.
  • Almost 282,000 young people ages 16-19 were treated for auto accident injuries in 2010.
  • Drivers between ages 16 and 19 are three times as likely to get into a fatal wreck as drivers in any other age group.
  • Young men between ages 16 to 19 are almost twice as likely to die in a car wreck than young people of the same age.

The high number of injuries and deaths can be explained, at least in part, by the fact that only 54 percent of high school students said they always wear their seat belts when surveyed. This is a smaller percentage than any other age group.

Teen Behaviors Up The Risk of Fatal Car Accidents

Teenagers are not only more likely to be seriously hurt or killed in a crash because they aren’t wearing seat belts, but they are also more likely to get into accidents in the first place. This is because teenagers tend to engage in risky behavior when they drive. As CNN.com reported:

  • Teens who drive with lots of passengers in the car are more likely to get involved in a car accident, primarily because they don’t pay as much attention to the road or because they are encouraged to take risks by their friends.
  • Teens have a difficult time recognizing road hazards. As many as 43 percent of teen car accidents result from a failure to recognize hazards.
  • Texting and driving is common among teenagers, as is using a cell phone while behind the wheel.

CNN also reported that fatal teenage wrecks were more likely to occur on weekends. To curb the number of fatal accidents, they recommend parents talk to their teens about risks and set clear guidelines. Parents can even use Apps that score their kids driving or cameras to monitor behavior to make sure that no unnecessarily dangerous risks are being taken.

If you’ve been in an Oklahoma City, OK car accident, contact Daniel M. Davis, attorney and counselor of law, today at 1-800-HURTLINE.

Spring a Dangerous Time for Bicycle Accidents in Oklahoma

On March 15, 2013, News Channel 4 Oklahoma City indicated that warmer weather was starting to bring out bicycle riders to take advantage of the nice spring days. Unfortunately, our Oklahoma City accident attorneys know that more bike riders on the road means a greater chance of auto accidents occurring as bikers and drivers try to share the roadways, often unsuccessfully.

News Channel 4 Oklahoma acknowledged that there is a potential danger to bikers, as well as to pedestrians and runners, who have to cope with traffic as they head outside to enjoy the warm weather. Drivers often do not know the rules when it comes to sharing the road with bicycle riders, and cyclists may not know how to interact with drivers as safely as possible.

Staying Safe from Bicycle Accidents this Spring

Drivers have the responsibility to look out for bicycle riders, to yield the right-of-way as required by driving laws, and to make sure they do not infringe on the space of bike riders who are legally sharing the road with them.

While drivers can be held responsible in the eyes of the law if they act in a manner that puts bike riders in danger, ultimately bicycle riders have the greatest stake in protecting their own safety. This means that bike riders should do everything possible to make sure drivers notice them and to reduce the risk of a crash.

KFOR provides some suggestion to bike riders including:

  • Wearing bright colored clothing so that drivers can easily spot you.
  • Using a clip on light or bicycle light for those riding bicycles after dark.
  • Paying attention to cars at all time since cars may not be looking out for you.
  • Focusing on the biking and refraining from wearing head phones, which can be a distraction and which can make it impossible to know when a car is coming.
  • Wearing a helmet whenever you ride a bicycle.
  • Making sure that the bicycle is kept in good working order. Before riding, it is important to check the tires and brakes on the bike. This is especially true if you have not ridden the bike over the winter and if the bicycle has been in storage during this time.

By following these tips, hopefully bicycle riders will be able to avoid becoming involved in a car wreck. Bicycle riders, however, still remain at the mercy of drivers who are in more powerful, larger and faster vehicles.

If a driver isn’t paying attention or doesn’t stop and give a bike rider the right-of-way as required, the bike rider could become seriously hurt in a resulting crash. Bicycles provide no cushioning or protection for the rider, other than the use of a helmet, so a car crash can have a major and devastating impact. The driver of the car who is responsible would be required to pay for resulting injuries and losses, but this is small consolation to someone who is coping with the pain and loss of a serious injury.

If you’ve been injured in a bicycle accident, contact Daniel M. Davis, attorney and counselor of law: 1-800-HURTLINE.

Oklahoma City Man Seriously Injured in Dog Attack

23
Mar
By: Dan Davis Law

According to KOCO.com Oklahoma City, a vicious dog attack occurred at around 6:30 P.M. on Monday evening on the 1200 block of Northwest 45 Street. The attack occurred when a man tried to protect his own pet dog from a stray dog that approached and began a fight.

Our Oklahoma City dog bite lawyers know that stray dogs can be very dangerous both to other animals and to the public at large. Owners of dogs who let their animals run loose in violation of leash ordinances can be held responsible for any damage that their dogs do, including for the injuries their dogs cause to victims of dog bite attacks.

Dog Attack Leads to Serious Injuries

The Oklahoma City man who bravely tried to protect his dog from the stray was visciously attacked by the animal. The 35-year-old victim suffered serious injuries, including his nose nearly being ripped off by the stray dog. The victim was rushed to the hospital.

Unfortunately, the stray dog that caused these serious injuries remains on the loose. The dog’s owner is not known but police are searching for information and assistance in finding the dog and tracking down the owner.

According to KOCO.com Oklahoma City, neighbors who live near the area where the attack occurred indicate that there is a stray dog problem in the area. One neighbor commented that owners need to do a better job of keeping their dogs inside or on their own property, and said that a person should not have a dog if unable to keep control of the animal.

Dog Owner’s Responsibility

Dog owners have many responsibilities in the eyes of the law. Dog owners are not permitted to let their dogs run free or onto other people’s properties. Dogs must be kept on a leash or in a secure fenced-in area by their owners. If a dog’s owner fails to keep his or her dog on his property or under control, then the dog’s owner can become liable for paying for damages caused by the dog.

The owners of dogs are also held responsible if their dogs show aggression towards or attack other people. When an owner has a dangerous dog, it is negligent of the owner not to take action to make sure the dog does not present a hazard. An owner who knowingly has a dangerous dog and who does nothing to prevent the dog from hurting people can become liable for damages.

Finally, Oklahoma has imposed strict liability. This means that if a dog bites, the dog owner is liable as long as the victim did nothing to provoke the attack. This rule is in contrast to some other states that allow one-bite before the owner becomes automatically liable for injuries. In other words, unlike one-bite states, Oklahoma doesn’t require the dog to have a history of aggression or attacks before saying the dog’s owner is responsible for unprovoked attacks.

If you’ve been injured by a dangerous dog, contact Daniel M. Davis, attorney and counselor of law: 1-800-HURTLINE.

Just How Safe are the Streets of Oklahoma?

25
Feb
By: Dan Davis Law

A lot of factors affect the safety of the roads in a given location, including the design of the roadways, the demographic mix and the behavior of drivers. However, the types of driver safety laws that a state has can be one of the most determinative indicators of whether the state has a high risk of auto accidents or a low risk.  Recently, the Advocates for Highway and Auto Safety have taken a look at the current safety laws that are in place for every state in the United States. They compiled the information to create their 10th Annual Roadmap of State Highway Safety Laws and they assigned every state a grade.

Our Oklahoma City injury attorneys believe that the information contained within the Roadmap of Highway Safety Laws is very important. The details on where Oklahoma excels and where the state falls short can serve as a guide to legislatures to take further action to make the streets safer. Residents and drivers in Oklahoma can also take note of recommended safety laws and can tailor their behavior to follow even the safety guidelines that don’t yet exist as laws so they can be as safe as possible and reduce their risk of auto accidents as much as possible.

Safety Laws in Oklahoma

According to the Roadmap of Highway Safety Laws, Oklahoma is classified as a yellow state, which means they have done a lot to pass strong driving safety laws but they still have a long way to go. The classification was based on taking a look at where Oklahoma stands on the following safety issues:

  • Oklahoma does have a primary seatbelt law in effect. This is a law allowing for drivers to be pulled over just for not wearing a seatbelt. Some states require that drivers commit other offenses before they can be cited for failure to wear a seatbelt, but not Oklahoma. As such, the state got full credit for this law.
  • Oklahoma has tough teen driving laws to ensure safety. There is a six-month holding period and teens must be at least 16 in order to qualify for a permit. Teens are also restricted in the number of passengers that can be in the car with them and limited in their ability to drive at night time.
  • Oklahoma has tough laws for impaired drivers. The state imposes mandatory BAC tests and they have laws on child endangerment and open containers.
  • Oklahoma falls short because they do not have a law requiring all motorcycle riders to wear helmets; they don’t have an adequate law requiring booster seats; they have no widespread ban on cell phone use when driving; they don’t require an ignition interlock for all DUI offenders and they don’t require teens to be 18 to get an unrestricted license.

Oklahoma, therefore, has many of the recommended safety laws in place. While they could and should do more, the laws go a long way towards keeping drivers in the state safe. For those who want to reduce their risk of auto accidents even further, there is no reason to wait for the state to pass laws. Motorcycle riders can commit to always wearing a helmet and all drivers can commit to curbing cell-phone use in order to be even safer behind the wheel.

If you’ve been in an Oklahoma City, OK car accident, contact Daniel M. Davis, attorney and counselor of law, today at 1-800-HURTLINE.

Oklahoma Cracking Down on Uninsured Drivers

19
Feb
By: Dan Davis Law

In Oklahoma, all drivers are required to carry auto insurance. Unfortunately, many drivers fail to live up to their obligations and as a consequence there are a high number of uninsured drivers within the state. These drivers put everyone in grave danger. To try to tackle this problem, News Oklahoma reports that the state Insurance Commissioner has partnered with state lawmakers to introduce a bill cracking down on uninsured motorists.

Our Oklahoma City accident attorneys believe that the new proposed legislation could be an important step in encouraging all drivers to get insurance. This could help to improve the safety and security of everyone on the roads within the state.

The Dangers of Uninsured Drivers

The primary purpose of auto insurance is not to protect the driver who buys the policy, but to protect other people who have to share the road with that driver. When someone gets involved in an auto accident and injures others or causes property damage, there is a good chance that the responsible driver won’t have the funds or assets to fully compensate the victims of the accident, especially when serious injury occurs.

Liability insurance guarantees that the victim of the accident will be compensated. The insurer pays the damages to accident victims so they can have their medical bills, lost wages and other damages covered. The law requires a set minimum of liability insurance to make sure there is enough money to cover these costs.

Unfortunately, when drivers do not live up to their insurance obligations, the injured victims in a crash could be left without compensation. Not only that, but a driver who drives without insurance may be more likely to engage in hit and run accidents and other dangerous behavior in an attempt to avoid law enforcement and not get caught breaking the insurance laws. This can exacerbate the danger of a potential crash.

New Laws Aim to Crack Down on Uninsured Drivers

In an attempt to reduce the high number of uninsured drivers, legislatures have drafted Senate Bill 701 and House Bill 1792. The proposals of the Bills include:

  • Raising fines for driving without insurance.
  • Authorizing law enforcement to take the car tags of drivers who are operating their vehicles without insurance.
  • Creating a temporary state insurance plan to provide insurance coverage to cars that have confiscated tags. The drivers would be given the sticker to put on their cars until they were able to obtain the required insurance.
  • Imposing administrative fees on uninsured drivers to cover the cost of the state’s new proposed temporary insurance plan.

These new changes can hopefully go a long way towards making auto accident victims safer and towards saving the state money. Some estimates indicate that Oklahoma is losing $8.8 million just on unpaid taxes on insurance premiums alone, not to mention the other costs of having so many uninsured drivers on the roads. Those who actually obey the laws and who buy insurance also subsidize uninsured drivers through higher insurance premiums.

The biggest beneficiaries of the new laws, however, will be to auto accident victims. Many past accident victims have spoken out in support of the bills and, hopefully, if the crackdown works and there are fewer uninsured drivers in the state, many future auto accident victims will be assured of receiving the compensation they are entitled to under the law.

If you’ve been injured, contact Oklahoma car accident attorney Daniel M. Davis at 1-800-HURTLINE.

Burn Awareness Week Draws Attention to Scalding Risks

Burn injuries are a major cause of hospital visits and deaths throughout the United States. Burns can occur because of fire, because of exposure to chemicals, and because of exposure to thermal energy. Unfortunately, burns can also occur when a person is scalded by hot liquids or hot steam. Scalding injuries can happen to anyone, but the young, the elderly and the disabled are at the greatest risk. Both the young and the elderly have thinner skin and are more likely to suffer deeper and more serious burn injuries from scalding while the disabled may both suffer from a lack of understanding of scalding dangers and/or from impaired mobility and fitness to escape a scalding risk.

Scalding is a serious public health risk and was the focus of the American Burn Association’s February Burn Awareness Week that occurred from February 3 to February 9, 2013. The Burn Awareness Week is intended to kick off a year long campaign to educate the public about burn risks. Our Oklahoma City burn injury attorneys applaud the efforts of the American Burn Association and we urge everyone to pay careful attention to the important information about scalding accidents provided during Burn Awareness Week.

Children and Scalding Burn Injuries

According to the American Burn Association:

  • Approximately 83,300 kids 14 and under had to make a trip to the emergency room in 2003 as a result of a burn injury.
  • Each year, an estimated 15,000 kids are actually admitted to hospitals because of the severity of their burns.
  • Burn injuries and fires kill 1,100 kids every year in the U.S.
  • Around 21,000 kids who suffer burn injuries are scalded.
  • Kids four and under are especially at risk for scalding. Scalding injuries accounted for 65 percent of cases where kids within this age group were hospitalized.
  • Scalding injuries and deaths involving kids ages 14 and younger cost an estimated $44 million every year. 90 percent of the costs associated with scalding injuries arise because of accidents involving children ages 4 and younger.

As these startling statistics show, younger children face the greatest danger from being scalded. Everyone, however, could potentially be harmed if they come into contact with burning steam or liquid.

Avoiding Scalding Risks

A person can be scalded in a variety of different situations, but some of the most common causes of scalding injuries include:

  • Food or beverages that were too hot.
  • Microwave products. Bagged popcorn, for example, produces steam that can cause scalding injuries when the bag is opened.
  • Tap water that runs too hot.
  • Home radiators.
  • Car radiators.
  • Hot steam vaporizers, especially older models that produce steam and work at very high temperatures.

In some cases, the scalding injuries are pure accidents and cannot be prevented. In other instances, however, someone’s negligence is the cause of a scalding injury. For example, a landlord or building owner that sets a thermostat to a dangerously hot level could be liable if a child is burned as a result. A restaurant that serves food that is too hot in a dangerous container could also be held responsible for scalding injuries. Whenever possible, both to avoid liability and to protect the public, it is important for everyone to make smart and safe choices to keep people safe from being scalded.

If you’ve suffered a burn injury, contact Oklahoma City injury attorney Daniel M. Davis today at 1-800-HURTLINE.

Oklahoma Traffic Accidents – Beware Ice Even With Milder Temperatures

16
Jan
By: Dan Davis Law

According to a December 25 article, those celebrating the Christmas Holiday in Oklahoma were faced with some very unpleasant weather that prompted highway officials to ask revelers to stay in their homes and refrain from driving. Not getting in the car was good advice because, unfortunately, the freezing rain and sleet that hit Oklahoma City on the holiday caused a 21-vehicle pileup.

Our Oklahoma City auto accident attorneys know that the winter weather season of snow, ice and freezing rain has only just begun and that the Christmas pile-up likely won’t be the only accident that will be caused by ice this winter season. We urge drivers throughout Oklahoma to brush up on their winter driving tips and to  learn how to react if they start skidding on ice.

Ice Creates A Major Accident Risk

The pileup on the Christmas holiday resulted in some injuries and closed Interstate 40 for more than five hours. It started when a semitrailer jack-knifed and ultimately involved 10 separate crashes and 21 vehicles including three semi-trucks.

When the first truck jack-knifed, cars slid into it and then other trucks slid into those cars, causing a chain reaction that other motorists could not avoid becoming a part of. The accident caused significant damage, especially as cars were sandwiched in by the trucks. One witness indicated that it appeared the entire top had been removed from a car, as though it had slid under the truck.

This accident occurred in blizzard conditions, on slick roads. Rain was hitting the pavement and freezing immediately, making it difficult for cars to stop as they came upon the accident scene.

Tips for Staying Safe During Icy Weather

The 21-car Christmas pileup underscores the importance of driving safely in the winter and of being prepared for ice on the roads. To help avoid becoming involved in a crash:

  • Slow your speed during icy road conditions. You need to drive at a pace that is safe for the dangerous, sleek roadways.
  • Be on the lookout for black ice. This is ice that is the color of the pavement and that is difficult to see. It normally forms when a very thin layer of water freezes, such as water vapor from the air, due to the fact that the pavement may be colder than the air temperature.
  • Listen to traffic alerts and weather alerts before driving. The Christmas accident happened in terrible weather and there was a blizzard going on. When this type of weather forecast is predicted, you may want to avoid driving unless you absolutely have to drive.
  • Know how to drive on ice. Snow tires and snow chains on your car can help to make driving on ice less dangerous. You should also remember never to slam on the brakes when on ice, as this can cause your car to skid out of control. Instead of slamming on the brake pedal, maintain a steady pressure if you have anti-lock brakes and let the anti-lock brakes do the work of adapting to road conditions and stopping the car.

These are just a few of the many key tips to avoiding accidents on ice over the winter. The most important thing is to be prepared for winter driving so you do not get caught up in a crash like the Christmas day pileup.

If you’ve been injured, contact Daniel M. Davis, attorney and counselor of law: 1-800-HURTLINE. You can also visit us at http://www.dandavislaw.com.

Holiday Accident Risks & Tips for Staying Safe This Holiday Season

14
Dec
By: Dan Davis Law

In Oklahoma, the holidays are a dangerous time for drivers. Many people travel for long distances during key holiday weekends in order to go on vacation or visit their families. This increase in the number of people on the roads creates an increased risk of car accidents.

Not only that, but people are also more inclined to drive when they are drunk or tired over holiday weekends. The risks of more people on the roads, coupled with more drivers engaged in dangerous behavior, make holiday travel less safe than driving at other times during the year.

Our Oklahoma City injury attorneys urge drivers to understand that the holidays are a dangerous time. We caution you to stay alert and make smart driving choices to minimize your risk of being involved in a car wreck and suffering serious or even fatal injuries.

Oklahoma Accident Deaths Over the Holidays

The dangerous holiday driving period is generally considered to extend from the Wednesday prior to Thanksgiving that kicks off the holiday season all the way through until the day after New Years. It is during this period when people tend to travel more, celebrate more and take more driving risks.

In fact, NewsOK provided some troubling statistics on accident deaths during the 2012 Thanksgiving weekend. According to information from the Oklahoma Highway Safety Patrol:

  • Preliminary estimates indicate that there were 11 crashes over the Thanksgiving holiday period from 6:00 PM on Wednesday to midnight on the Sunday after Thanksgiving.
  • The death toll for this year includes a quadruple fatality that occurred on Sunday afternoon.
  • The 11 deaths over this Thanksgiving period are nearly double the number of deaths in 2011. Only six deaths occurred during Thanksgiving last year.

In addition to these tragic deaths, there were also many people throughout Oklahoma that suffered serious injuries in car wrecks over the Thanksgiving weekend.

Staying Safe Over the Holidays

Because of the increased risk of accidents during the holiday period, it is more important during this time than any other to ensure that you are following good safe driving practices. Some tips to minimize your holiday accident risk include:

  • Driving at a speed that is safe for road conditions. In some cases, this may even mean driving under the speed limit if the weather is bad or if there is a lot of traffic.
  • Having a designated driver if you are going to be having a drink when you are out celebrating. It is always best to err on the side of caution and have a designated driver even if you think you are just going to have a drink or two.
  • Avoiding highly congested roadways at the most dangerous times. Whenever possible, you want to avoid construction zones, high traffic roads and areas near bars late at night.

Following these safe driving tips can help you to ensure you do not cause an accident over the holiday season. Unfortunately, there may be other irresponsible drivers on the road who could cause a crash and hurt you. There is little you can do if others choose to be negligent and make bad choices, but you should be aware that drivers who do engage in negligent driving behavior can be held legally accountable for the harm they cause.

If you’ve been injured, contact Daniel M. Davis, attorney and counselor of law: 1-800-HURTLINE. You can also visit us at http://www.dandavislaw.com.

Middle Schooler Critically Injured in Oklahoma City Hit-and-Run

13
Dec
By: Dan Davis Law

A Shawnee middle schooler is enduring a slow and painful recovery, following a hit-and-run accident in September that left her critically injured.

Our Oklahoma City injury attorneys understand that finally, an arrest has been made – and the driver was allegedly a 17-year-old juvenile.

According to KOCO-TV, the 11-year-old girl was crossing a busy intersection near her home when she was struck. The driver did not stop.

The girl suffered a long list of injuries: a fractured skull, fractured facial bones, brain hemorrhaging, a lacerated spleen, bruised lungs and a broken leg. She had to undergo surgery, and it was weeks before she was even able to open her eyes, as they were swollen shut. Her head, once covered with long brown curls, has been shaved after doctors had to take measures to release the swelling in her brain, something that continues to be a concern. She’s wearing a patch over her eye, as she’s been suffering from double vision.

Her brother, just a year older than she, witnessed the entire incident.

“They hit her,” he was quoted as saying. “They just hit her and left her.”

Hit-and-run crashes are perhaps some of the most egregious because they cross not only the criminal threshold, but a moral one as well. As human beings, we have a basic duty after an accident to stop and make sure everyone is alright. This responsibility is even more amplified when the victim is a child.

The driver in this case has yet to be charged, and it’s unclear even if he is, whether it will be as an adult or juvenile.

But in civil cases involving minors, plaintiffs always have the option of suing the offender’s parents as well – particularly if the teen was driving a parent’s vehicle when he or she should not have been or without regard for the state laws that govern underage driving.

There are many reasons why a person would opt to flee after hitting someone. Those include:

  • A lack of insurance;
  • Being intoxicated;
  • Not having a license;
  • Having a suspended license;
  • Simply being scared.

Oklahoma Statutes Citationized, Title 47, Chapter 10, Section 10-103 requires that a person involved in an accident must immediately stop. Criminal penalties for failure to do so include up to 1 year in jail and a $500 fine.

Much more is recoverable, however, in a civil action.

We understand that a year behind bars hardly seems like a fit punishment for someone who essentially left this young girl to die. It’s possible she could remain in the hospital for another four to six weeks. The straight-A student and soccer player now has trouble with memory and reasoning. Her mother even says that her personality is not quite the same.

Doctors have said they don’t know whether all or any of that will return with time. For now, it’s a matter of waiting and watching closely.

Her mother has had to take a leave of absence from her job in order to be by her daughter’s side through the ordeal.

In 2008, there were reportedly around 4,420 pedestrian accident fatalities in this country. Of those, about 50 occurred in Oklahoma.

If you’ve been injured in an Oklahoma City traffic accident, contact Daniel M. Davis, attorney and counselor of law: 1-800-HURTLINE. You can also visit us www.dandavislaw.com.