On October 7th, 2019, a 57-year-old man named John King was killed in a tragic truck accident in Sentinel, OK—a rural town in Washita County, located approximately 100 miles west of Oklahoma City.

Tulsa, OK -- (ReleaseWire) -- 10/31/2019 -- According to a representative for Oklahoma Highway Patrol (OHP), the crash occurred at an intersection on State Highway 55. 

An Agricultural Truck Failed to Yield at a Stop Sign     

Based on the initial report filed by a state trooper, a preliminary investigation indicates that the driver of an agricultural truck failed to properly yield at a stop sign—causing the collision. Mr. King was pronounced dead at the scene of the collision. The as-of-yet unidentified driver of the truck was also transported to a local emergency medical center, reportedly in stable condition. The accident is still under investigation. 

Truck Accidents are Different than Other Motor Vehicle Collisions

For a number of different reasons, large truck accidents are unique. As explained by Oklahoma truck accident lawyer Roger Dodd, "Trucking accident cases are far more likely to involve serious injuries, or fatalities, than are car accidents. Beyond that, the laws governing truck accident claims are also more complex. In fact, in many cases, federal laws are implicated in commercial truck accident cases." 
Failure to Yield is the Leading Cause of Crashes at Intersections

Oklahoma has very strict rules regarding the right-of-way at intersections.

All drivers in the state have a legal duty to understand and comply with these regulations. When collisions occur at intersections, it is often because at least one of the drivers failed to properly yield to an oncoming vehicle. There are a number of different risks factors that make failure to yield accidents more likely. Distracted driving, reduced visibility, adverse weather conditions, and poor road design all increase the risk of these accidents. Further, a study published by the Insurance Institute for Highway Safety, found that failure to yield accidents increased with age. Their hypothesis suggests that older drivers are more likely to make evaluation errors, misjudging the speed of oncoming vehicles. 

Failure to Yield Accidents Involving Trucks Lead to More Serious Injuries 

Although there is no evidence that large trucks are more likely to be involved in failure to yield accidents, any accident involving a commercial truck is disproportionately likely to result in severe injuries or fatalities. Due to their immense size, trucks present an inherent danger to everyone else on the road. All trucks should be operated with the highest level of safety in mind.     

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Similar to many other states across the country, Oklahoma has been hit hard by the opioid epidemic.

Tulsa, OK -- (ReleaseWire) -- 09/19/2019 -- On August 26th, 2019, a landmark verdict came down, holding the large drug manufacturer Johnson & Johnson legally responsible for its role in causing the crisis. As reported by Tulsa World, Cleveland County District Judge Thad Balkman has ordered the pharmaceutical giant to pay the state of Oklahoma $572 million in damages. 

A First-of-Its-Kind Ruling

The decision from the Oklahoma district court quickly made national headlines. It is the first time that a trial court in the United States has held a drug manufacturer legally liable for contributing to the opioid crisis. It should be noted that Purdue Pharma — another one of the country's largest drugmakers — avoided a trial over its popular drug 'Oxycontin' when it settled with the state of Oklahoma for $270 million earlier this year. 

The Allegations: Irresponsible and Deceptive Marketing of Opioid Products

In holding Johnson & Johnson liable for its role in the opioid epidemic, the court pointed directly at the drug manufacturer's irresponsible and deceptive marketing practices. This was a key part of the legal case raised by representatives for the state of Oklahoma. They argued that Johnson & Johnson continued to aggressively market its opioid-based painkillers, even as their adverse effects were well-known and the crisis worsened. 

Johnson & Johnson Was Held Liable Under a Public Nuisance Law 

One of the many things that makes this decision so important is the state's use of a public nuisance law to hold the drug manufacturer legally liable. As explained by the Oklahoma pharmaceutical injury lawyer Roger Dodd, "Oklahoma prevailed in its claim because it was able to prove that the drug manufacturer created a public nuisance with its misleading marketing and promotion of opioids. This is a relatively novel legal strategy — though, it has been used in some other similar public health cases, including to hold some manufacturers of lead paint accountable for injuries and illnesses."

The Drug Company Intends to File Appeal 

After the verdict was issued, Johnson & Johnson released a public statement indicating that it plans to appeal the decision. Among other things, the drug manufacturer's attorneys argue that the court misapplied the state's public nuisance law. It will be important to watch this case as it moves forward in the appeals process; not only for how much is at stake in Oklahoma, but because litigation is pending against opioid drugmakers all around the country. 

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The year 2019 is off to a great start in Oklahoma.

Tulsa, OK -- (ReleaseWire) -- 09/19/2019 -- According to initial reports from the Oklahoma Highway Safety Office (OHSA), traffic fatalities have been lower than usual for the first part of 2019. At present, there have only been 177 auto crash fatalities statewide since the beginning of the year. If those numbers continued, our state would be on target for a record low in fatalities. However, the sad reality is that most of the serious auto accidents and fatalities around the state often correspond to major holidays, vacations, and certain times of year.

Over the past few years, traffic fatalities in the Sooner State have actually been on a gradual uptick, as shown by official crash data. For instance, in 2016, there were 628 fatalities statewide. The next year, in 2017, there were 657, and in 2018, 660 people lost their lives. Each year, including 2019, the Oklahoma Safety Office projects a goal for highway and traffic fatalities. For 2019, OHSO is shooting for just 646 deaths on Oklahoma roadways. This would represent a dramatic drop if successful.

The goal is admirable, but the outlook grim. As an experienced auto accident attorney, Roger Dodd, puts it, "time will tell if those numbers really hold true. The present numbers do not likely include fatalities from Memorial Day, and there is almost always a significant spike during summer holidays like Fourth of July and Labor Day."

And Roger is right. Research from the Insurance Information Institute explains that holidays account for a disproportionate number of highway fatalities each year. Nationally, the most dangerous holiday by far is actually. Thanksgiving. In most years, more people die on this day than any other single holiday. Next on the list, in order of most fatal, are Fourth of July, Memorial Day, Labor Day, Christmas Day, and finally New Year's Day.

Considering that the majority of all traffic fatalities occur on or after Memorial Day weekend, there's a good chance that Oklahoma's low early fatality numbers are sadly optimistic. If 2019 is anything like past years, we are likely on a trajectory upward with even more fatalities in our future.

One final point to consider when looking at projections is where the state is hoping to be by 2021. By that year, OHSA aims to reduce highway and traffic fatal crashes and reduce the number of deaths to 628 by 2021. While this may seem like a noble goal, it's important to also remember that this was the number in 2016. So, effectively the state is aiming to get back to our 2016 numbers, thus illustrating just how dangerous roads have become over the past three years. As technology has increased our dependence on electronic devices, it has also increased distracted driving accidents. Likewise, cities throughout Oklahoma are seeing broad expansion, leading to more cars on the road and more crashes. Only time will tell if the state's ambitious fatality reduction goals will come to fruition in 2019, but sadly the data suggests otherwise.

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When people get behind the wheel of their car under the influence, they are putting their own lives (as well as those of everyone else around them) in grave danger.

Tulsa, OK -- (ReleaseWire) -- 05/17/2019 -- The lives of innocent people, moms and dads, children, and anyone else on the road is jeopardized. Drunk drivers indiscriminately risk the safety of their communities.We may be able to sympathize with those who make an isolated mistake by driving while impaired once or twice. However it is hard to understand how anyone drunk attempts to operate a commercial vehicle.

At Dodd & Henry, our experienced trucking accident lawyers are here to help those who have been seriously injured in collisions with large commercial vehicles and semi-trucks. Call or visit us online today to schedule a case evaluation free of charge.

The Problem of Drunk Trucking

Oklahoma roads navigate tens of thousands of large tractor-trailers and other commercial vehicles transporting goods back and forth through our state. The vast majority of truck drivers are professionals with training and skill and a true sense of safety. They would never think of operating a big rig with even a drop of alcohol or illegal substances in their systems. But there are those reckless and dangerous operators who disregard human life by consuming alcohol before driving. This is a real problem, as these drivers are at a much greater risk of killing someone through their actions.

Drunk Driving Laws for CDL Drivers

Obviously, drinking and driving is illegal for all drivers in Oklahoma – especially truck drivers. Under nationwide regulations, the Federal Motor Carrier Safety Administration (FMCSA) has strict rules for disqualifying commercial drivers. A blood alcohol concentration (BAC) of just 0.04 percent renders a CDL driver above the legal limit to operate. A single alcoholic beverage is enough to render a truck driver ineligible to drive. But it's not just alcohol.

Other Substances that Make a Truck Driver Impaired

It's rare to find a truck driver truly intoxicated by alcohol while driving on the road. When it does happen, it's generally the end of the driver's career. But there are other substances that are often misunderstood and frequently abused by commercial drivers. These include:

Prescription Medications – Truck drivers, like all of us, may have health conditions that require medication. Heart medications, anxiety or depression medications, and pills to help with blood pressure can all have major side effects. These reactions can make drivers dangerous while on those medications. Some medications may lead to drowsiness, fatigue, irritability, blurred vision, or even confusion.

Sleep Drugs – Truck drivers often struggle with weight loss, given the sedentary nature of the job. This can have other implications, like sleep apnea and insomnia. Some truck drivers resort to using sleeping pills and other medications to help them get rest. These medications may have lasting effects for hours after the driver awakes and make them unsafe to operate a vehicle.

Over-the-Counter Drugs – Just because something is not obtained from a prescription does not mean it is safe for use while driving a commercial vehicle. Many herbal supplements and over-the-counter (OTC) pills and so-called "dietary supplements" may have unintended side effects, like sleep disturbances, restlessness, and even lead to aggressive behaviors.

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As states around the country move to enforce stricter car seat rules, Oklahoma remains one of the most relaxed.

Tulsa, OK -- (ReleaseWire) -- 03/28/2019 -- Children between 8 and 14 years of age are not required to wear a seatbelt while sitting in the backseat of a vehicle.  Think this is normal? It's not. Oklahoma is currently the only state in the country that has such a gap in the law. The vast majority of states (40 in all) require all minors (those under 18) to wear a seatbelt at all times; regardless of which seat they occupy.

A few hold-out states lower the age to 16 or 15."Seatbelts are extremely important, especially for small children," explains notable injury lawyer, Roger Dodd. "Kids depend on parents and other adults to make good decisions for them," he added, "so if lawmakers want to make a good decision, they'll require that kids be belted in." It seems that good news is on the horizon as Oklahoma lawmakers continue to grapple with how to mandate common-sense rules for child seatbelt use. The State Senate attempted a law recently, but it failed to pass.

This week, HB 1936 was introduced, which would effectively require kids between 8 and 14 to be securely fastened in a seatbelt or harness.Over a thousand children in this same age range were killed or badly injured in just the last 5 years, and yet the Legislature still struggles to pass the needed reform.  Simply put, seatbelts save lives.

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Truck driver fatigue has long been a problem for the transportation industry, leading to accidents, fatalities, and significant insurance claims.

Tulsa, OK -- (ReleaseWire) -- 02/13/2019 -- The federal government recently passed sweeping regulatory changes, including a broad mandate for electronic logs, known as ELDs.

In the past, truck drivers kept paper logbooks, where they marked their stops, time spent performing pre- and post-trip inspections, fueling, loading and unloading, and driving time. These logbooks helped the driver track their time so that they could stay within the hours of service. These hours of service rules are designed to make sure that truck drivers don't work or drive more than what they should during a single workday.

Of course, like any rule, many clever truck drivers found ways around the logbook requirements by fabricating a second book to show the police or inspectors, as well as logging tasks they didn't do. To avoid these problems, regulators passed rules requiring the modern ELDs, which remove many of the temptations and abuses. But these ELDs may not be as reliable and effective as initially hoped.

A recent study published by researchers from University of Arkansas, Northeastern University and Michigan State University revealed that the efficacy of the sweeping policy change from late 2017 may be a bit underwhelming. In response, leading trucking accident attorney, Roger Dodd, suggests that, "for years the trucking industry has been plagued by drivers racing to log as many miles as possible to earn a living. Though well-intentioned, these regulations may have the unfortunate effect of increasing accident rates, rather than reducing them."

The study, entitled "Did the Electronic Logging Device Mandate Reduce Accidents?" went on to discuss how crash data was reviewed spanning a period from January 2018 (just after implementation of the new regulation) through September 2018. During this period of time, there was a definite increase in the number of drivers meeting their hours of service requirements. This means more drivers were complying and therefore remaining within their allotted time behind the wheel.

The problem is the study could not show where this actually had a direct impact on reducing the number of crashes. On the contrary, the new regulation may have indeed had somewhat of a negative effect, at least when it comes to smaller motor carriers. The study claims that while larger carriers may be able to absorb some of the changes, drivers at smaller companies may have actually increased bad driving behaviors, such as speeding, in order to compensate for the restrictions. This could, in turn, lead to higher crash rates as time goes on.

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