Oklahoma Personal Injury Lawyer Blog

MIST = Minor Impact Soft Tissue

Dan Nunley — Mon, 29 Dec 2008 07:00:10 +0000

MIST is an acronym used by insurance companies to describe auto accident injury claims involving minor property damage resulting in only soft tissue injury to the vehicle occupants. MIST stands for Minor Impact, Soft Tissue.

Ronald Miller, Jr. of the Baltimore Injury Lawyer Blog recently wrote an article on MIST accidents noting his experience in Maryland of GEICO Insurance Company being notorious for automatically denying these MIST claims. Here in Oklahoma, my experience in representing those injured in MIST accidents leads me to believe that Allstate and State Farm insurance companies are the companies quickest to deny a MIST claim, even though liability is unquestioned, such as in a rear-end collision. At best, these insurance companies will offer $1,000 to $2,000 to settle the claim, even when the accrued medical bills may be $5,000. The problem with this unfair claims policy is that people do get injured in vehicle accidents where there is only minor damage to the vehicles.

If you have suffered real injuries as a result of a motor vehicle accident involving a minor impact, do not be discouraged. While the insurance company will likely not offer a fair and equitable settlement, these MIST claims can be won at trial. Have patience and retain a personal injury trial lawyer who will take your case to trial.

Why A Car Accident Victim Should Not Negotiate On His Own With The Insurance Company

Dan Nunley — Mon, 08 Dec 2008 07:00:48 +0000

When Oklahomans are involved in car wrecks, one question that comes to mind is “Should I handle my case on my own or should I hire a lawyer?” While each case is different, I suggest that you at least talk with a good personal injury attorney as most offer a free initial consultation.

Insurance companies love it when inexperienced accident victims attempt to represent themselves in settling their claims, because the insurance companies know that they will pay far less money to the accident victim who is not represented by a knowledgeable lawyer. The accident victim without experience to negotiate their case does not yet recognize what permanent injuries they may have suffered; they may not realize what medical expenses they will incur in the future; they may not have enough information to compare their injuries with someone who had similar injuries in the same town or county where they live. As a result, the insurance companies will often take advantage of an injury victim.

If you or a loved one has been injured in a motor vehicle accident, contact me today for a free consultation. There is no charge to talk to me and you will be under no obligation to hire me. When I represent a person who has been injured in a motor vehicle accident, my work is done on a contingency fee basis. That means that I don’t get paid unless and until my client gets money either through settlement or jury trial.

Watch the following video by New York attorney Gerry Oginski and learn why it is so important to have an experienced personal injury lawyer to evaluate & negotiate your accident claim.

Oklahoma Personal Injury and the Frivilous Case for Tort Reform

Dan Nunley — Wed, 17 Sep 2008 16:44:43 +0000

It’s just not right: Not only must Oklahoma personal injury victims fight the insurance companies to get a fair shake, but nowadays they also must swim against the tide of so-called “tort reform.” Brainwashed by propaganda bought and paid for by the most dangerous industries and their insurers, potential jurors naturally come into court believing that all personal injury plaintiffs are exaggerating — or worse. Sadly and wrongly, this causes you and I as taxpayers to often end up paying for the injureds’ medical care and lost wages instead of those who through their negligence are responsible for the damages.

Oklahoma car accident victims and other personal injury victims suffer a double whammy, incurring expensive but necessary medical treatment at the same time they are losing income while unable to work. If the insurer for the careless driver, dangerous company, defective product manufacturer or other “injury-causer” is not held liable for the injury, then the victim likely will have no choice but to let Medicaid pick up the health care tab, and let the Social Security System pay disability benefits to replace earnings. The bottom line is that either the “injury-causer” pays, or you and I do. In fairness, whom do you think should pay?

Another reality, unknown to most of the public, is that juries are kept in the dark about insurance companies’ involvement in almost all personal injury trials. Even though an insurance company is behind the entire fight in almost all personal injury cases — paying for the defense lawyer and any judgment ultimately collected — the jurors are prevented from knowing that the wrongdoer has insurance coverage available to pay the injured’s medical bills and lost wages.

To counter the lies and distortions about tort reform that continue to be broadcast to the general public, I searched for hard evidence, just as I do in preparing a case for court, . My search uncovered an article that appears to be an extensive and well-documented resource on the truth about tort reform. “The Frivolous Case for Tort Law Change” was published in May of 2005 by the Economic Policy Institute. It contains many other references documenting this simple fact: “Tort reform” clearly is a very elaborate, and successful, propaganda war being financed by those who maim and kill others and yet do not want to be held responsible for their actions. It’s just not right!

Bicycle Accident Fatality Statistics

Dan Nunley — Sat, 06 Sep 2008 07:05:27 +0000

A total of 770 bicyclists were killed in crashes with motor vehicles in 2006. Bicyclist deaths were down 23 percent since 1975 but 23 percent more than in 2003. The decline among female bicyclists (49 percent) was larger than the decline among male bicyclists (18 percent).

Ninety-five percent of bicyclists killed in 2006 reportedly weren’t wearing helmets.

Twenty-four percent of bicyclists killed in 2006 had blood alcohol concentrations (BACs) at or above 0.08 percent. This percentage is one-third higher than in 1982.

Bicyclist deaths in 2006 occurred most often during June-September and between the hours of 6pm and 9pm.

Deaths among bicyclists younger than 16 have gone down by 84 percent since 1975, while deaths among bicyclists 16 and older have more than doubled.

More than 7 times as many bicyclist deaths in 2006 were males compared with females. At every age more male than female bicyclists were killed and the rates of bicyclist deaths per million people were higher for males than females. The highest rate of bicyclist deaths per million people occurred for 50-54 year-old males.

Many more bicyclists were killed in urban areas than in rural areas in 2006 (71 percent compared with 27 percent). In 1975, bicyclist deaths occurred equally in rural and urban areas.

One-third of bicyclist deaths in 2006 occurred at intersections.

Sixty percent of bicyclist deaths in 2006 occurred on major roads other than interstates and freeways, and 33 percent occurred on minor roads. Forty-six percent of deaths among bicyclists younger than 16 and 62 percent of deaths among bicyclists 16 and older occurred on major roads.

If you or a loved one has been injured in a bicycle accident, contact me today for a free consultation. There is no charge to talk to me and you will be under no obligation to hire me. When I represent a person who has been injured in a bicycle accident, my work is done on a contingency fee basis. That means that I don’t get paid unless and until my client gets money either through settlement or jury trial.

Source: Insurance Institute for Highway Safety.

Oklahoma Bicycle Accident Lawyer

Dan Nunley — Sat, 06 Sep 2008 07:00:09 +0000

Two percent of motor vehicle-related deaths are bicyclists.

The most serious injuries among a majority of those killed are to the head, highlighting the importance of wearing a bicycle helmet. Helmet use has been estimated to reduce head injury risk by 85 percent.

Oklahoma does not have a law requiring that bicycle riders of any age must wear a helmet.

Twenty-one states and the District of Columbia have helmet laws applying to young bicyclists; none of these laws applies to all riders. Local ordinances in a few cities require some or all bicyclists to wear helmets.

Helmets are important just as important for adult bicycle riders because statistics reveal that 85 percent of bicycle deaths affect persons 16 and older.

Source: Insurance Institute for Highway Safety.

Motorcycle Accident Fatality Statistics

Dan Nunley — Fri, 05 Sep 2008 07:00:03 +0000

A total of 4,697 motorcyclists died in crashes in 2006. Motorcyclist deaths had been declining since the early 1980s but began to increase in 1998 and have continued to increase. Since 1997 motorcyclist deaths have more than doubled, reaching a record 11 percent of all motor-vehicle crash deaths in 2006.

In 2006, about a third fewer fatally injured motorcyclists were operating without a valid license (26 percent) than in 1995, but this is still higher than among fatally injured passenger vehicle drivers (16 percent).

Forty-four percent of motorcyclist deaths in 2006 occurred in single-vehicle crashes, and 56 percent occurred in multiple-vehicle crashes.

In 2006, 58 percent of fatally injured motorcycle drivers were helmeted. Helmet use was lower, at 43 percent, for people killed as passengers on motorcycles.

In 2006, 85 percent of fatally injured motorcyclists were helmeted in states with helmet laws that cover all riders, in contrast to only 20 percent in states with no helmet law. In states with helmet laws that cover only some riders, 35 percent of fatally injured motorcyclists were helmeted.

In the early 1980s the proportion of fatally injured motorcyclists 40 and older started to increase, from 9 percent of all rider deaths in 1982 to 15 percent in 1991 and 47 percent in 2006. However, the absolute number of motorcyclist deaths among all age groups has been climbing since 1999.

Ninety-one percent of motorcyclists killed in 2006 were males.

Sixty-six percent of the females who died in motorcycle crashes in 2006 were passengers and their deaths represented 87 percent of the passenger deaths. Ninety-nine percent of the males who died were drivers.

The average engine size of motorcycles whose drivers were killed in crashes went up dramatically in the last few years. Among motorcycle operators killed in 2006, 23 percent drove motorcycles with engine size larger than 1,400 cc, compared to 9 percent in 2000 and less than 1 percent in 1990.

Seventy percent of motorcyclist deaths in 2006 occurred during the six months of April-September. Fatalities peaked during July and were lowest during December-February.

Fifty-eight percent of motorcyclist deaths in 2006 occurred during Friday-Sunday.

Forty-two percent of motorcyclist deaths in 2006 occurred between 3pm and 9pm. Another 28 percent occurred between 9pm and 6am.

Twenty-seven percent of fatally injured motorcycle drivers in 2006 had a blood alcohol concentration (BAC) at or above 0.08 percent; among single-vehicle crashes this was 41 percent.

Fifty-two percent of motorcycle drivers killed at night (9pm - 6am) in 2006 had BACs at or above 0.08 percent.

If you or a loved one has been injured in a motorcycle accident, contact me today for a free consultation. There is no charge to talk to me and you will be under no obligation to hire me. When I represent a person who has been injured in a motorcycle accident, my work is done on a contingency fee basis. That means that I don’t get paid unless and until my client gets money either through settlement or jury trial.

Source: Insurance Institute for Highway Safety.

Oklahoma Motorcycle Accident Attorney

Dan Nunley — Thu, 04 Sep 2008 07:00:14 +0000

Motorcycles are less stable and less visible than cars and often have high performance capabilities. When motorcycles crash, their riders lack the protection of an enclosed vehicle, so they’re more likely to be injured or killed. The federal government estimates that per mile traveled in 2005, the number of deaths on motorcycles was about 37 times the number in cars.

Research published in 1995 shows that five crash types account for 86 percent of fatal motorcycle crashes: motorcycle runs off road (41 percent), motorcycle or other vehicle runs traffic control (18 percent), head on (11 percent), car turns in front of motorcycle (8 percent), and motorcycle goes down in roadway (7 percent).

Source: Insurance Institute for Highway Safety.

Oklahoma E. coli outbreak is largest in U.S. history

Dan Nunley — Wed, 03 Sep 2008 17:03:52 +0000

The recent E. coli outbreak in northeastern Oklahoma is the largest outbreak of this specific strain of E. coli in United States history according to the Oklahoma State Department of Health’s latest news release.

At least 206 persons are sick as a result of the outbreak including 149 adults, 53 children, and four whose ages have not yet been confirmed. Cases range in age from 2 months to 88 years. One person, 26-year-old Chad Ingle of Pryor, has died.

The Country Cottage restaurant in Locust Grove, thought to be the source of the outbreak, has been closed voluntarily for more than a week. The owners are cooperating with state health officials in the ongoing investigation which has not yet pinpointed the source of the outbreak, according to state epidemiologist Dr. Kristy Bradley. The state is currently testing food preparation and serving surfaces at the restaurant and interviewing those who became ill.

For more on the E. coli outbreak and its effect on the small town of Locust Grove, read today’s Associated Press article.

Oklahoma Motorcycle Accident Lawyer

Dan Nunley — Wed, 03 Sep 2008 07:00:54 +0000

Motor vehicle accidents, including motorcycle accidents, typically occur because of someone’s negligence. Motorcyclists are especially susceptible to accidents because motorcycle drivers are often not seen by other drivers because of the motorcyclist’s relatively small size. Injuries suffered in a motorcycle accident are likely to be serious, long-lasting and sometimes catastrophic because the motorcyclist is far more exposed to serious injury than is the driver of an automobile.

Does Oklahoma have a law regarding cell phone use while driving?

Dan Nunley — Tue, 02 Sep 2008 07:00:36 +0000

No. Oklahoma currently has no state law prohibiting or regulating the use of cellular telephones while operating a motor vehicle.

Currently, five states (California, Connecticut, New Jersey, New York and Washington) plus the District of Columbia prohibit driving while talking on handheld cell phones.

Seventeen more states have restricted cell phone use for novice drivers, licensed drivers under the age of eighteen or those who have only a learner’s permit.

Four states (Alaska, Minnesota, New Jersey, and Washington) prohibit text messaging while driving.

Source: Governors Highway Safety Association.