Burrage Law Firm, PLLC Durant Personal Injury Lawyer | Insurance & Family Law Attorney 2026-07-03T17:47:34Z https://www.burragelaw.com/feed/atom/ WordPress On Behalf of Burrage Law Firm, PLLC <![CDATA[How the Monsanto decision could affect product liability claims]]> https://www.burragelaw.com/?p=254694 2026-07-03T17:47:34Z 2026-07-03T17:47:34Z While focused on the herbicide “Roundup,” the U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell could end up having a long reach – with lasting changes for many product liability claims.  The decision focuses on when federal law takes priority over state law. As the courts begin applying the ruling in future cases, manufacturers, consumers and attorneys will be watching closely.

The case centered on federal preemption

The main issue in Monsanto Co. v. Durnell was whether federal law overrides state law in certain product liability cases. The plaintiff alleged that Roundup was negligent for failing to use labels with a warning about a possible cancer risk. Monsanto responded that the U.S. The Environmental Protection Agency had already approved the product's existing label under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Because of that federal approval, the company argued that states should not be allowed to require different or additional warnings. In a 7-2 decision, the Supreme Court agreed. The Court ruled that whenever federal law controls a product's labeling, states generally cannot require manufacturers to add warnings that go beyond those federal requirements. As a result, some failure-to-warn claims may not be allowed when they conflict with federal labeling rules. Although Durnell involved a pesticide, the decision could also affect cases involving other products that are regulated by federal agencies. While not applicable to every product or product label, it may affect product liability claims involving prescription drugs, medical devices and more. Whether the decision applies will depend on the facts of the case, the product involved and the federal law that governs it. Attorneys on both sides of cases will likely begin to test how broadly the decision is going to be interpreted.

Product liability law will continue to evolve

Plaintiffs alleging defective labeling can expect their cases to undergo more scrutiny and longer processes in the future, but nobody should assume their case will fail due to this ruling without consultation with an experienced attorney. Plaintiffs may still bring claims involving defective design, manufacturing defects or other forms of negligence, as well. For businesses that manufacture or sell federally regulated products, the decision is an important reminder. Staying informed about new legal developments and seeking experienced legal guidance can help businesses understand their obligations and respond effectively when product liability issues arise.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[How Oklahoma’s new damages cap affects your claim]]> https://www.burragelaw.com/?p=254690 2026-06-19T15:03:31Z 2026-06-19T15:03:31Z What are non-economic damages? When you are injured in an accident, your losses fall into two categories. Economic damages are the ones you can prove with a receipt or a pay stub: medical bills, lost wages and property damage. Oklahoma does not cap these. Non-economic damages cover the losses that do not come with a price tag but are no less real. They include the physical pain you endure, the emotional weight of your injury and the activities and experiences you can no longer enjoy. These damages recognize that an injury affects more than your finances. It affects the way you live and the people you love.

What changed in 2025?

A $350,000 limit on non-economic damages was once part of Oklahoma law, but in 2019 the state Supreme Court ruled it could not stand. For six years, juries were free to award whatever amount they believed was fair. That changed when Governor Kevin Stitt signed Senate Bill 453 into law in May 2025, reinstating the cap at $500,000 effective September 1, 2025, for injuries occurring on or after that date.

What does this mean for your case?

The $500,000 cap does not apply in every situation. If the person who hurt you acted with gross negligence, fraud or malice, the cap is removed entirely. For everyone else, the cap was promoted as tort reform to protect businesses and reduce unpredictable verdicts. What it actually does is limit what a jury can award you. The people most affected are those living with debilitating conditions but modest economic damages. Think of someone in chronic pain after a truck accident caused by a fatigued driver whose condition does not meet the strict legal definition of a severe physical injury. Before this law, a jury could fully account for that suffering. Now, there is a ceiling regardless of what your peers believe is fair.

Why does legal guidance matter more than ever?

This change does not mean you have no recourse. It means building the strongest possible case matters more than ever. Understanding which exceptions may apply, thoroughly documenting your injuries, and presenting a complete picture of how your life has changed are all critical to maximizing what you can recover. If you have been injured in an accident in Oklahoma, speaking with an experienced personal injury attorney gives you a better opportunity to protect what you are still entitled to receive.  ]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[What is seat belt syndrome?]]> https://www.burragelaw.com/?p=254689 2026-06-16T12:42:58Z 2026-06-16T12:42:58Z To be perfectly clear: seat belts do save lives. Roughly 15,000 people get to walk away from car wrecks every year that would otherwise be fatal because seat belts are now standard equipment in motor vehicles. That makes them one of the most significant safety features ever developed for autos.  However, the same restraint that protects occupants during a collision can also cause injuries when tremendous forces are involved. One of those injuries is commonly known as "seat belt syndrome."

How does seat belt syndrome happen?

During a collision, a vehicle can come to a sudden stop while the occupants continue moving forward. A seat belt prevents occupants in the vehicle from being thrown into the dashboard, steering wheel, windshield or out of the vehicle altogether. In doing so, the belt absorbs and distributes some of the crash forces across the body. The problem is that those forces can be very strong, particularly in high-speed crashes. As the belt tightens across someone’s chest and abdomen, it can leave visible bruising and cause injuries to the person’s underlying muscles, organs and bones. Medical professionals often use the phrase "seat belt sign" to describe bruising or abrasions that follow the path of the seat belt. While these marks may appear minor, they can sometimes indicate more serious internal injuries. Common injuries associated with seat belt syndrome include:
  • Bruising and soft tissue injuries
  • Rib fractures
  • Sternum fractures
  • Abdominal injuries
  • Internal bleeding
  • Intestinal or bowel injuries
  • Damage to the liver, spleen or other organs
  • Spinal fractures, particularly in the lower back
Some of these injuries may not be immediately apparent at the scene of a crash. A person may initially feel sore or shaken up only to develop worsening symptoms hours or even days later.

Why prompt medical attention matters

One of the dangers of seat belt syndrome is that internal injuries can be difficult to recognize without proper medical evaluation. Abdominal pain, dizziness, nausea, swelling or unexplained bruising after a car accident should never be ignored. It is never safe to dismiss injuries from seat belts as “just bruising” without a solid medical evaluation.  Seeking prompt medical care not only helps protect your health but can also create important documentation connecting your injuries to the collision if you need to pursue compensation later. Delays in treatment can make both your recovery and any subsequent injury claim more complicated. Compensation may be available for medical expenses, lost wages, pain and suffering and other losses related to the accident. Insurance companies sometimes minimize injuries that do not involve obvious fractures or catastrophic trauma. However, internal injuries, organ damage and spinal injuries can have long-lasting consequences and may require extensive treatment. If you notice bruising across your chest or abdomen, experience increasing pain or develop unusual symptoms after a crash, seek medical attention as soon as possible. What appears to be a simple seat belt bruise may actually be a warning sign of a much more serious injury.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[What evidence should you preserve after a product-related injury?]]> https://www.burragelaw.com/?p=254685 2026-06-04T18:56:07Z 2026-06-04T18:56:07Z Defective, dangerous products slip into the consumer marketplace more often than people realize. In 2024 alone, for example, 15.1 million people were seen in emergency rooms due to product-related injuries.  If you find yourself in that predicament in the future, one of the most important things you need to remember is that the strength of a product liability claim often depends on whether the product (and related evidence) is available for inspection. Unfortunately, critical evidence is frequently lost because someone throws away the product, discards the packaging or repairs the item before anyone has had a chance to examine it. Once that evidence disappears, it may become much more difficult to prove what went wrong – and who may be responsible.

Keep the product – as is

The product that caused the injury is usually the most important piece of evidence in a case. Discontinue all use and, if possible, immediately put the item aside in a safe place. Do not:
  • Repair the product
  • Alter it in any way
  • Throw away damaged components
  • Return it to the manufacturer
Down the line, the product may need to be inspected to determine whether it contained a design defect, manufacturing defect or inadequate warnings.

Keep all packaging and documentation

If you still have access to the packaging the product came in, put that aside, also. Packaging can be incredibly valuable a product liability case. Boxes, labels, instruction manuals, warranty information and warning labels can all provide important data about how the product was marketed and whether adequate safety information was included. Try to preserve:
  • The original packaging
  • User manuals
  • Assembly instructions
  • Warranty documents
  • Product registration materials
  • Receipts and proof of purchase
These items may help identify the manufacturer, distributor or retailer involved and more.

Photograph everything

Photographs can be worth a great deal. Take pictures of the product from multiple angles, the accident scene and any visible injuries you may have. It can also be helpful to document:
  • Any property damage
  • Product serial numbers or model numbers
  • Warning labels
The sooner photographs are taken, the more accurately they can reflect the conditions that existed at the time of the injury. If you do have visible injuries, continue to document the healing process with photos.

Save medical records and related expenses

Your medical records help establish the connection between the defective product and your injuries. Keep copies of your hospital records, physician reports, prescriptions and treatment recommendations. You should also retain documentation of your financial losses, including your medical bills, lost wages and other injury-related expenses. Product liability cases often involve extensive investigation. Preserving evidence from the beginning can help protect your claim and provide a clearer picture of what happened. If you have been injured by a defective product, speaking with an attorney as soon as possible can help ensure that critical evidence is identified and preserved before it is lost – and that your case begins moving forward as quickly as possible.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[They are not on your side: Dealing with insurance adjusters ]]> https://www.burragelaw.com/?p=254683 2026-05-21T18:35:40Z 2026-05-21T18:35:40Z After a car accident, you may be shaken up, overwhelmed and just trying to figure out what comes next. In the middle of dealing with your injuries, a damaged vehicle and missed work, the friendly voice of an insurance adjuster who seems to be sympathetic, helpful and eager to move things along quickly can seem like a welcome relief. Unfortunately, insurance company adjusters are trained to project that helpful persona while still protecting their company’s financial interests. Even when they sound eager to help on the phone, their job is to gather information that could limit the company’s liability. What you say to them after a crash can end up affecting your claim far more than you realize.

Why insurance adjusters call so quickly

Many insurance adjusters contact accident victims as fast as possible after a crash – sometimes within hours. At that point, people are often still in pain, stressed out and largely unaware of how serious their injuries may actually be. During these early conversations, adjusters will often ask questions designed to lock you into statements before you fully understand the situation. They may ask for a recorded statement, push you to describe your injuries immediately or try to get you to speculate about who was at fault for the accident.

Innocent comments can become problems later

Some people accidentally damage their claims simply because they are trying to be polite or cooperative. One of the biggest mistakes accident victims make is downplaying their injuries early on. People commonly say things like:
  • “I’m okay.”
  • “I don’t think I’m hurt.”
  • “It’s probably not that serious.”
The problem is that many car accident injuries manifest slowly. Whiplash, back injuries, concussions and soft tissue injuries can take hours or even days to become obvious or debilitating. Yet, insurance companies will point to those early polite exchanges to argue that the victim’s injuries were not actually severe. Even casual conversations can become part of the insurance company’s strategy to reduce or deny compensation.

Quick settlement offers are not designed to help you

When medical bills are piling up and someone is missing work, a quick check can feel tempting – but early settlement offers are usually far lower than what a claim is actually worth. Fast settlements are designed to get a signature on a release form, not benefit you. A fair settlement may need to include:
  • Future medical treatment
  • Physical therapy or rehabilitation
  • Lost wages
  • Reduced earning ability
  • Pain and suffering
  • Long-term complications
Once a settlement is accepted, there is little to no opportunity to go back and ask for more compensation later.

What should you do after an accident?

After an accident, it is generally best to keep your conversations with insurance adjusters short and factual. Avoid guessing about details, avoid discussing injuries in depth before receiving medical treatment and be cautious about agreeing to recorded statements. This includes your own insurer, too, not just the other party’s insurance company. In many situations, it is best to simply report the accident to your own insurer as factually as possible and avoid further contact with the insurers involved until you have spoken to an attorney. An attorney can help handle communication with the insurance company, protect important evidence and make sure the full impact of the accident is taken seriously. The days after a crash can feel chaotic enough without worrying about saying the wrong thing to an insurance company. Knowing your rights and approaching these conversations carefully can make a major difference in protecting your future claim.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[Summer driving hazards in Oklahoma: your post-accident guide]]> https://www.burragelaw.com/?p=254682 2026-05-21T04:22:42Z 2026-05-21T04:22:42Z The surge of seasonal roadway hazards Summer driving introduces unique behavioral and environmental variables that make accidents more frequent and legally complex than during winter months.
  • Inexperienced drivers: The influx of teenage motorists during June and July increases the statistical likelihood of distracted driving, texting while driving, and sudden lane-change collisions.
  • Work zone bottlenecks: Construction zones require sudden braking and narrow merges, which frequently result in severe rear-end impacts due to aggressive driving or tailgating.
  • Out-of-state travelers: Tourists unfamiliar with Oklahoma’s specific highway exits and turnpike toll systems tend to make unpredictable lane maneuvers, raising the risk of multi-vehicle accidents.
Recognizing these seasonal risks allows you to drive defensively, but if a collision becomes unavoidable, your immediate actions at the scene are critical for your future injury claim.

Mandatory steps under Oklahoma traffic law

Oklahoma law enforces strict requirements on drivers involved in an automotive accident. Failing to follow these statutes can result in criminal hit-and-run penalties and compromise your insurance claim.
  • The duty to stop and move: If you are involved in a non-fatal accident on a major Oklahoma metro highway, you are legally required to move your vehicle out of the path of traffic to a safe location on the shoulder.
  • Exchange required information: Drivers must immediately exchange names, addresses, vehicle registration numbers, and insurance data, as well as render reasonable assistance to anyone injured.
  • Involve law enforcement: Call 911 immediately so the Oklahoma Highway Patrol or local municipal police can respond to secure the scene and draft an official accident report, which serves as foundational evidence.
Never leave the scene of an accident based on a verbal agreement with the other motorist, as their story will frequently change once they speak to their insurance company.

Preserving vital evidence in the high-heat months

The chaotic environment of a summer roadway accident means crucial physical evidence can disappear within hours due to high asphalt temperatures and sudden summer storms. This is why it is important to take extensive photos and videos of vehicle damage, traffic signals, and construction barriers. Be sure to photograph tire skid marks immediately, as hot summer pavement can quickly distort these marks. Also, it is important to ask the police to check for dashcam footage from surrounding vehicles, as these recordings are vital for proving reckless driving. Additionally, seeking immediate medical care can help you establish a direct medical link to the crash before insurance adjusters try to claim your injuries happened later.

Navigating Oklahoma’s 50% bar fault system

Insurance companies operating in Oklahoma know the state rules perfectly and will try to shift the blame onto you to avoid paying. Oklahoma operates under a modified comparative negligence system.
  • The 50% legal rule: You can recover financial compensation after a collision as long as your share of the blame is 50% or less. If the insurance company proves you were 51% responsible for the crash, you legally receive nothing.
  • Proportional reductions: If a judge determines you were 20% at fault for speeding through a construction zone while the other driver was 80% at fault for hitting you, your final financial payout will be reduced by exactly 20%.
Taking a firm stand to protect your financial recovery ensures you can cover medical expenses, lost wages, and rehabilitation costs, allowing your family to focus entirely on healing.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[Security cameras and evidence in bus accident cases]]> https://www.burragelaw.com/?p=254680 2026-05-07T13:38:57Z 2026-05-07T13:38:57Z Security cameras can play a major role in bus accident cases, especially when there are conflicting stories about how a crash happened.  Many buses today are equipped with cameras that capture activity both inside and outside the vehicle, and that footage may help show what occurred in the moments leading up to an accident.

What video footage can capture

Not all bus camera systems are the same. The type and quality of video evidence available can vary significantly depending on the age of the bus and the technology installed. Older buses may still rely on legacy camera systems that record limited footage, lower-resolution video, or only certain portions of the vehicle. Some older systems may overwrite footage quickly or fail to capture audio, driver activity, or multiple camera angles. In some cases, the system may only activate under certain conditions or may not retain recordings for very long. Newer buses, particularly charter buses and privately operated commercial carriers, often use far more advanced and unified surveillance systems. These are not the video cameras of the past. Instead, these integrated systems may combine multiple camera angles with GPS tracking, driver monitoring tools, telematics data, speed information, braking activity and time-stamped event recording. Depending upon the type of bus and the type of camera involved, video systems may capture:
  • Traffic conditions around and ahead of the bus
  • Passenger activity inside the bus
  • Sudden braking and swerving
  • The exact vehicle speed before impact
  • Real-time route and location data
  • The diver’s actions and movements
As the technology keeps evolving, the amount of evidence generated from surveillance systems inside a bus can be far more detailed (and valuable) than many people realize.

Why camera footage matters

Conflicting accounts are common after a crash. The bus passengers may not know exactly what caused the crash, and witnesses from outside may be nonexistent or only see part of the event. Video footage can help answer critical questions such as:
  • Was the bus driver distracted?
  • Did another driver run a red light?
  • Was the bus speeding?
  • Did the driver brake suddenly or aggressively?
  • Were passengers standing when the accident occurred?
  • Did weather or road conditions contribute to the crash?
For injured victims, this type of evidence can strengthen a claim and help prevent inaccurate blame from shifting onto passengers or other drivers.  Unfortunately, video evidence may not last long. Transportation companies and public transit systems do not usually keep surveillance footage indefinitely. Some older systems automatically overwrite recordings after days or weeks. Because of this, it is important to reach out to an attorney quickly. An attorney may send a preservation letter requesting that the company retain all relevant footage, maintenance records, driver logs and electronic data related to the accident. Without that request, valuable evidence could disappear before someone who is injured even knows it existed. For injured passengers, pedestrians, bicyclists or drivers in other vehicles, video evidence can sometimes provide a clearer picture than witness recollections alone. In some cases, it may reveal driver distraction, unsafe road conditions, sudden braking or other important details that can have a profound effect on a personal injury claim.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[What to do if the at-fault driver doesn’t carry enough insurance]]> https://www.burragelaw.com/?p=254677 2026-04-24T13:37:15Z 2026-04-24T13:37:15Z Finding out the driver who caused your crash doesn't carry enough insurance is one of the most frustrating moments after an accident. You already suffered injuries, missed days of work and dealt with the stress of recovery. Now you face growing medical bills with no clear way to cover them. The situation feels deeply unfair. But knowing your options can help you take the right steps forward.

Oklahoma’s at-fault rules and their limits

To understand where you stand, it helps to know how Oklahoma handles accident claims. Oklahoma follows at-fault insurance rules. This means the driver responsible for your crash must cover your medical bills and lost wages. Their insurance policy should handle these costs.  In reality, though, many drivers carry only the state's minimum required coverage. Oklahoma law requires drivers to carry just at least $25,000 per person in bodily injury liability coverage. When your medical expenses exceed that limit, you can quickly end up with unpaid bills. 

How underinsured motorist coverage fills the gap

Fortunately, a coverage option exists for exactly this situation. Underinsured motorist (UIM) coverage is an optional add-on to your own auto insurance policy. When the at-fault driver's coverage isn't enough, your UIM coverage can step in to help pay the remaining costs.  For instance, if your medical bills total $60,000 but the at-fault driver's policy only covers $25,000, your UIM coverage can help bridge that gap. You can add this protection when you buy or renew your auto insurance policy in Oklahoma. Hence, having UIM coverage in place before an accident can make a significant difference.

Protect your rights on the road

After a serious crash, you deserve to focus on healing, not on fighting for the compensation you need. Oklahoma drivers have rights and understanding those rights is key to making informed decisions after an accident.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[Independent contractors vs. employees: Why it matters in trucking accidents]]> https://www.burragelaw.com/?p=254676 2026-04-15T16:51:36Z 2026-04-15T16:51:36Z When a truck accident leaves someone with serious injuries or causes a fatality, victims and their survivors want to know who is ultimately responsible for the damage. Unfortunately, the answer may not always be simple. A key issue that has to be established is whether the truck’s driver is an independent contractor or an employee of the trucking company. That distinction can significantly affect who can be held liable for the accident, as well as how much compensation is ultimately available. 

Why is the driver’s status so important?

In general, employers can be held vicariously liable for the actions of their employees through a concept known as “respondeat superior.” This rule acknowledges that the employer generally has control over their employees during the course of their employment, and it makes the party with the deeper pockets responsible for any resulting harm. Independent contractors are treated very differently. Trucking companies that hire independent drivers to pull their loads usually maintain that they are not responsible for the negligent acts or omissions of those drivers. The drivers are, essentially, sole proprietors of their own businesses. It is important to note, however, that labels do not always control the outcomes of cases. The actual working relationship between the trucker and the larger company should be carefully examined, because the “independent contractor” designation is sometimes more of a legal shield than a fact. Some trucking companies classify their drivers as independents to reduce their insurance costs and limit their potential liability. That shield can fall, however, under close scrutiny after a wreck.

Liability beyond the driver 

Even if a driver is genuinely an independent contractor, the overseeing company may not be entirely shielded from responsibility. Liability may still attach due to issues like negligent hiring or retention of an unqualified or dangerous driver and violation of federal safety regulations, such as when drivers are pressured to ignore hours-of-service rules. Ultimately, the distinction between a driver who is an independent contractor and one who is an employee can affect who can be named in a lawsuit and what insurance coverage is available. In turn, that affects the overall value of a truck accident claim and the collectability of any award. That is why experienced legal guidance is essential from the start, since challenges to a driver’s independent contractor status may need to be raised as early as possible.]]> On Behalf of Burrage Law Firm, PLLC <![CDATA[Who is liable in a multi-vehicle pileup?]]> https://www.burragelaw.com/?p=254673 2026-04-07T23:36:30Z 2026-04-07T23:36:30Z Multi-vehicle pileups can happen in an instant – and liability is seldom as straightforward as it is in a two-vehicle wreck. One driver may have made a mistake that set things in motion, but others may have worsened the situation with their own mistakes.  Ultimately, your ability to claim compensation after a multi-vehicle crash depends on how fault is assigned to each party.

Oklahoma’s comparative negligence rule and determinations of fault

Oklahoma is among the many states that follow a modified comparative negligence system. In this state, you can recover damages only if you are 50% or less at fault for your losses, and whatever compensation you are due will be reduced according to your share of the blame.  This is particularly important to understand in pileups, where mistakes by multiple drivers compound the damage. For example, you may have been hit by another driver from behind and then pushed into the rear of the vehicle ahead of you. If it is determined that you hadn’t maintained an assured clear distance from that vehicle in front, however, you might be allocated a share of the blame. That could ultimately reduce what you’re entitled to receive. Liability in a pileup depends upon how the accident unfolded. Investigators typically look at police reports, witness statements, photos of the crash scene, video from nearby traffic cams and businesses, dashcam footage, “black box” data, weather conditions, debris patterns in the road and accident reconstruction. The goal is not just to figure out how the crash started, but each party’s role in what happened next. 

Protecting your interests after a multi-vehicle accident

Regardless of your involvement, there are some basic steps that you should take after a pile-up to protect your potential claim for damages. First, seek medical attention right away. Do not delay just because other people may be hurt worse or you think you’re just bruised; many serious injuries show up hours after the initial accident that caused them.  Second, document whatever you can. Take photos of the inside and outside of your vehicle, the road condition, the positions of the other vehicles relative to yours and any debris or skid marks in the road.  Finally, avoid making any statement that could be interpreted as an admission of fault. Focus only on everybody’s general safety, what injuries need to be treated and the exchange of information between all involved. Do not speculate about what happened.  Because multi-vehicle pileups involve multiple parties and competing narratives, insurance companies often try to deflect blame onto anybody but their own clients to minimize their financial losses. The more policies that are involved, the more complicated the situation. Legal guidance is essential to protect your right to recover. ]]>