Burrage Law Firm, PLLC Durant Personal Injury Lawyer | Insurance & Family Law Attorney 2026-10-12T20:04:26Z https://www.burragelaw.com/feed/atom/ WordPress On Behalf of Burrage Law Firm, PLLC <![CDATA[3 things motorcyclists need drivers to understand]]> https://www.burragelaw.com/?p=254728 2026-10-12T20:04:26Z 2026-10-12T20:04:26Z 1. Judging the speed of a motorcycle is often very difficult One reason that drivers hit motorcyclists at intersections is that they misjudge the rider’s speed. It’s a particular problem where one of the parties is making a left turn across the other’s path. Drivers frequently find that the motorcyclist arrives quicker than they expected.

2. Motorcyclists can easily "disappear" from view

It’s common for drivers who run into a motorcyclist to say that they did not see them. There are several explanations for this. First, motorcycles are relatively small, so it is easy for them to get hidden by another vehicle or to fit completely inside a driver’s blind spot in a place where a car might still have a part of its shell within the driver’s view. Second, most drivers are not actively looking out for motorcyclists when they check whether it is clear to make a maneuver. They are usually focused on looking out for other drivers, so may look straight past any motorcyclists that are in their field of vision simply because they are not expecting them.

3. Motorcyclists may need to swerve suddenly

Motorcycles are inherently less stable than cars because they only have two wheels. Therefore, it is easier to knock a motorcycle off balance than a four-wheeled vehicle. Hence, a motorcyclist may need to swerve around a puddle, pothole or object in the road that a four-wheel vehicle could drive straight over. When crashes between drivers and motorcyclists occur, significant compensation can often be required to cover medical bills and other expenses and damages. Experienced legal guidance can help injured parties seek that compensation.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[Can a passenger file a claim for a defective car part?]]> https://www.burragelaw.com/?p=254723 2026-10-09T13:46:19Z 2026-10-09T13:46:19Z When a defective car part may support a claim You may have a product liability claim if a faulty vehicle part caused the crash or made your injuries worse. For example, a defective tire might cause a driver to lose control, while a faulty seat belt could increase your injuries during a collision. A crash alone does not prove a defect, so the evidence must help connect the part’s failure to your harm.

What might not support a claim

If a part wore out through ordinary use, suffered damage in the crash or failed because someone used or maintained it improperly, the circumstances might not support a product liability claim. A mechanic’s inspection or other expert review may help distinguish a defect from wear, damage or misuse.

Who may be responsible for the defect

The vehicle or parts manufacturer may bear responsibility, depending on what caused the failure. In some cases, another company involved in selling or modifying the part could also face a claim. You do not need to have purchased the vehicle yourself to pursue a claim against a responsible party. Under Oklahoma law, special rules can also affect when you can hold a seller responsible if the seller did not manufacture the product.

Protect your right to seek compensation

A defective part may give you another way to seek compensation beyond a claim involving the driver’s actions. Get medical care, preserve relevant evidence and ask an Oklahoma product liability attorney to review your records and explain your options. An attorney can help determine whether the evidence supports a claim and which parties might be responsible for your injuries.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[Crashes are a serious consideration for older drivers]]> https://www.burragelaw.com/?p=254721 2026-09-30T02:36:30Z 2026-09-30T02:36:30Z Anyone, of any age, can be injured or killed in a crash on the roads. Yet statistics show significant differences between age groups. They show that “Drivers aged 70+ have higher crash death rates per 1,000 crashes than middle-aged drivers (aged 35-54).” A person’s body at the age of 70 or 80 won’t be as resilient as it was when they were in their 20s and 30s. Bones become more brittle with old age, and the body becomes slower to heal and less able to fight infection than it once would have been. An impact a person might have walked away from when younger could leave them dead or seriously injured in their 70s or 80s.

Older drivers face a double risk

Not only do older drivers typically suffer worse consequences in a collision, but the bodily changes they’ve experienced can also increase the risk of a crash in the first place. These include:
  • Eyesight: Your eyes don’t work as well when you get past a certain age. This can make seeing other road users, hazards and signs more difficult. Low light or darkness will exacerbate things further.
  • Mental sharpness: Many people find their minds are not as quick as they once were. Decisions often have to be made fast when driving, and a slight delay could mean a crash occurs that would once have been avoided.
  • Strength: People lose strength in their later years. That could make them less effective at operating the brake pedal or turning the wheel in an emergency. This reduces their chance of taking evasive action.
Working out what happened and who must pay compensation to whom can often be complex in crashes involving older drivers. Promptly seeking legal guidance is wise, whichever side of the equation you are on.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[How does fault impact a car accident claim?]]> https://www.burragelaw.com/?p=254717 2026-09-17T15:40:55Z 2026-09-17T15:40:55Z You may be worried about the financial impact of a car accident. How much will it cost to repair your car? How much medical debt will you have because of your injuries? How will you pay bills if you cannot go to work?  A car accident claim, if successful, can help you recover compensation for your financial losses. Before a claim can be settled, however, issues of liability have to be settled. Was the accident wholly the other driver’s fault, or do you share responsibility? This is where comparative negligence comes into play.

What is comparative negligence? 

The big question after a car accident is how much you can recover from a legal claim. The damages you can recover may depend on each party’s percentage of fault. Oklahoma follows a modified comparative negligence system. Under this state’s rule, a plaintiff can recover damages as long as their percentage of fault does not exceed 51 percent.  There are a few ways a driver’s percentage of fault can be determined, including the following:
  • Police reports: Documentation from an officer can include notes on traffic violations, involved parties and a list of parties possibly responsible for the accident.
  • Witness statements: People may provide statements that detail what they witnessed during a car accident and who may have caused it. 
  • Video recordings: Traffic cameras, dash cameras and surveillance video can be used to review a car accident.
The important thing to remember about modified comparative negligence is that compensation may be reduced based on each party’s percentage of fault. This means that the plaintiff may not receive full compensation to cover their losses if they are partially at fault.  Professional legal guidance can help car accident victims recover maximum compensation for their injuries and losses. ]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[Get ready to deal with deer on the road]]> https://www.burragelaw.com/?p=254708 2026-09-01T15:46:23Z 2026-09-01T15:46:23Z With summer break now over, and the nights getting longer, it’s time for drivers to start thinking about the risks that will come with the fall – such as the risk of a deer running out in front of their vehicle. Knowing how to reduce the risk that a deer will surprise you while driving can help reduce the chances you’ll end up in hospital due to a collision.

Learn their habits

The reason that deer activity increases in autumn is that it is mating season. Road safety may not be foremost in the animals’ mind at this time, and they’ll also be moving more than most of the year as they pursue or flee potential partners or rivals. Dusk and dawn are the two points of the day when deer are most active. As the days shorten, this is more likely to coincide with the times that drivers are on the road. Reducing your speed at these times of day or when passing by the fields and wooded areas that deer like to frequent allows you more time to spot a deer that may run out in front of you and more chance of braking in time if it does. 

Use full beams in likely areas

Putting your full beams on as you pass through wooded areas can help you pick out a deer from a distance, as the light will reflect off their eyes. Remember to dip the beams when another vehicle is approaching.

Do not use evasive maneuvers 

One huge mistake a lot of drivers who are surprised by a deer make is to swerve. This can result in them going off the road and maybe into a tree. Or if they swerve the other way, hitting another vehicle head-on. Staying straight and braking firmly is best.  Anyone injured by a driver who chose to swerve around a deer in the road may need to learn more about their right to compensation.  ]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[What type of compensation can be recovered after a car accident?]]> https://www.burragelaw.com/?p=254706 2026-08-21T16:04:22Z 2026-08-21T16:04:22Z A car accident can have devastating consequences. Victims may face significant financial, physical and emotional losses that continue long after the crash itself. When another party is responsible for the collision, an injured person may be entitled to compensation. Understanding the types of damages available can help victims appreciate the potential value of their claims.

Economic damages

Economic damages compensate victims for measurable financial losses. These damages can generally be documented through bills, receipts, pay records and estimates. Common examples include:
  • Medical expenses: These may include hospital stays, surgeries, medication, rehabilitation, medical equipment and anticipated future care.
  • Lost wages: Victims may recover income lost while their injuries prevented them from working. Compensation may also be available for reduced future earning capacity.
  • Property damage: This may include the cost of repairing or replacing a vehicle, damage to personal property and reasonable rental car expenses.
Accident victims should keep copies of all bills, receipts and other records related to the crash. Thorough documentation can make it easier to demonstrate the extent of their financial losses.

Non-economic damages

A car accident can also affect a person’s life in ways that do not have a clear dollar value. Compensation for these personal and emotional losses is generally referred to as non-economic damages. Depending on the circumstances, they may include:
  • Loss of enjoyment of life: Injuries may prevent a victim from participating in hobbies, family activities or other parts of life they once enjoyed.
  • Loss of companionship or consortium: A serious or fatal injury may affect the victim’s relationship with a spouse or family members.
  • Mental anguish: Victims may experience anxiety, depression, grief or other forms of emotional distress.
  • Pain and suffering: Compensation may be available for both the physical pain and emotional suffering caused by an injury.
The compensation available after a collision depends on the nature of the injuries, the extent of the losses and other circumstances surrounding the case. Professional legal guidance can help victims document their damages and pursue the compensation they may be entitled to receive.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[Can an insurer deny storm damage as wear and tear?]]> https://www.burragelaw.com/?p=254703 2026-08-07T10:34:53Z 2026-08-07T10:34:53Z Why storm damage claims are disputed Homeowners insurance policies generally cover sudden damage from hail, straight-line winds and tornadoes. They usually do not cover gradual deterioration, weather exposure or poor maintenance. After a storm, the insurance company inspects the property and decides if the destruction resulted from the storm or from existing conditions. If the insurer believes that wear and tear caused some or all of the damage, it can deny that portion of the claim or reduce the payment.

Signs to review the decision more closely

A homeowner might want to ask questions when the insurer:
  • Attributes storm damage to wear and tear without a clear explanation
  • Gives a repair settlement that is much lower than other estimates
  • Conducts only a brief inspection before denying part of the claim
  • Does not identify the policy language supporting the decision
  • Delays responding to questions about the claim
These issues do not always prove bad faith, which can involve an insurer unreasonably denying, delaying or mishandling a valid claim. However, they may give a homeowner reason to review how the insurer handled the claim more closely.

Learning about the claim process

Oklahoma law requires insurers to investigate, evaluate and process covered claims in good faith and in accordance with applicable law. Homeowners should keep photographs of the damage, inspection reports, repair estimates and written communications related to the claim. These records may become important when questions about insurance bad faith arise during the claim process.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[Why early settlement offers after a truck crash can cost you]]> https://www.burragelaw.com/?p=254702 2026-08-05T14:02:34Z 2026-08-05T14:02:34Z Injuries take time to fully appear Not all truck crash injuries show up right away. Soft tissue damage, spinal injuries and head injuries can take days or weeks to reveal their full impact. Early offers are based only on known injuries at that time. Accepting a settlement may block future claims. Oklahoma law gives injured parties two years to file a lawsuit. However, insurance companies often want cases closed much faster.

Costs go beyond medical bills

Some injuries require ongoing care for months or years. Physical therapy, prescription medications and follow-up appointments add up quickly. Beyond medical costs, victims often cannot work during recovery. Initial offers may not cover the full impact of lost income. Oklahoma law allows recovery for both economic losses like medical bills and wages, plus non-economic damages such as pain and suffering. Insurance companies hope victims focus only on immediate bills and overlook future needs.

Multiple parties may share responsibility

Truck crashes differ from regular car accidents because several parties might be liable. Federal regulations govern the trucking industry. This creates additional layers of accountability. Potentially responsible parties include:
  • The truck driver
  • The trucking company
  • Cargo loaders
  • Maintenance providers
  • Parts manufacturers
Determining who bears responsibility requires investigation and evidence gathering. Accepting an early offer from one insurer may mean missing payment from other liable parties. A full review of the crash ensures all responsible parties are held accountable.

Pressure tactics by insurance adjusters

Insurance adjusters often create a sense of urgency around settlement offers. They may claim the offer expires soon or that waiting could reduce your recovery. Some adjusters contact victims while still in the hospital, catching them at vulnerable moments. These pressure tactics aim to secure a signature before victims fully understand their situation.

Getting compensation that matches your losses

After a truck accident, insurance companies count on people accepting less than they need because of financial pressure and confusion. Early offers rarely account for the full picture. Protecting your financial future means not settling too quickly just to resolve immediate concerns.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[How insurers evaluate rideshare driver status after an accident]]> https://www.burragelaw.com/?p=254700 2026-07-22T13:52:24Z 2026-07-22T13:52:24Z Personal insurance generally governs offline driving When the driver is offline and no longer completing a ride, insurers normally view the trip as private use. Suppose the driver logged out after the last trip and drove to a grocery store. The personal auto policy would likely apply. Even then, the insurer reviews fault, exclusions and the link between the collision and your injuries.

Primary rideshare coverage often applies while the driver waits

Coverage may change when a driver logs in but has not accepted a ride. Under Oklahoma law, the required policy provides no less than $50,000 for injury or death involving one person. It provides $100,000 total for injury or death arising from one incident. Property damage carries a separate minimum of $25,000. The driver, the rideshare company or both may satisfy these requirements. If the company maintains the policy, its coverage does not depend on the personal insurer denying the claim first.

Higher liability coverage may take effect after ride acceptance

Once the driver accepts a request, the trip generally becomes a prearranged ride. Primary liability insurance must provide at least $1 million for death, bodily injury and property damage. That protection often begins during the drive to the pickup point and continues throughout the passenger’s trip. The policy also includes uninsured motorist coverage unless the policyholder legally waived it.

Coverage can change again after the passenger exits

The accepted ride ends when the last requesting passenger leaves the vehicle. If the app remains available, the lower waiting-stage coverage may apply. If the driver logs out, the personal policy would likely govern a later collision. That distinction arose in a federal appellate case involving a post-drop-off crash, where the driver reported available status but the insurer asserted that she was offline.

How accurate classification may affect the claim

A classification error could cause an insurer to examine the wrong policy or limits. Screenshots, ride receipts and police reports may preserve details about the driver’s activity. This evidence can support the insurer’s review. Conflicts often arise when digital information differs from the driver’s account. Legal guidance may help compare that evidence with the contract terms. This analysis can identify the responsible carrier. It may also show which benefits could cover medical costs, lost income and other harm.]]> by Burrage Law Firm, PLLC <![CDATA[How Oklahoma comparative negligence works in car accidents]]> https://www.burragelaw.com/?p=254698 2026-07-15T09:50:33Z 2026-07-15T09:50:33Z Oklahoma comparative negligence rules in car accident claims Comparative negligence is a legal rule that divides fault when more than one person contributes to an accident. In Oklahoma, each party receives a percentage of responsibility. An injured person may still recover compensation if their fault is 50% or less, but the amount is reduced by that percentage. If a person is found 51% or more at fault, Oklahoma law denies any recovery of compensation. Since fault can greatly affect a claim, guidance from an experienced attorney can help address these issues.

How is fault determined in Oklahoma car accident claims?

Fault can decide how much compensation a car accident victim may receive. The process of determining fault may include:
  • Reviewing accident reports: Police reports can show key details about how the crash occurred.
  • Checking evidence: Photos, videos, vehicle records and other proof can help explain what happened.
  • Listening to witnesses: Statements from people who saw the crash can help confirm the events.
  • Comparing driver actions: Insurance companies and courts look at each driver’s role before assigning fault.
  • Looking at injury factors: Actions that made injuries worse may also affect fault decisions.
Reviewing the facts closely helps create a clearer picture of who was responsible for the accident.

Strategies to minimize your percentage of fault

The right legal strategy can help strengthen a claim by addressing disputed fault with clear evidence and a focused approach. These steps may include:
  • Gathering strong evidence: Photos, medical records, witness statements and other records can help show how the accident happened.
  • Preserving important evidence: Crash scene details and other evidence should be secured before they are lost or changed.
  • Using expert opinions: Accident reconstruction and medical experts can help explain how the crash occurred and how the injuries happened.
  • Challenging unfair blame: Clear evidence can help challenge weak or unsupported fault claims.
An experienced car accident attorney can coordinate these steps, build a stronger case and help protect the opportunity to recover fair compensation.

Protecting your claim

Oklahoma’s comparative negligence rule can turn a small fault finding into a major change in compensation. Legal guidance can help injured individuals address disputed blame and pursue a fair recovery.]]>