Whitten BurrageWhitten Burrage2026-05-25T11:59:06Zhttps://www.whittenburragelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503325/2022/12/cropped-WB_FAV-32x32.pngOn Behalf of Whitten Burrage<![CDATA[3 businesses that could be liable for a semi-truck crash]]>https://www.whittenburragelaw.com/?p=476822026-05-25T11:59:06Z2026-05-25T11:59:06Z1. The transportation company
The company that employs the semi-truck driver could have vicarious liability for their negligence on the job. The trucking company may also be responsible for failing to properly vet the history of the drivers they hire or for using high-pressure employment practices that compel workers to violate the law by speeding or staying on the road for too long.
2. Mechanics and maintenance companies
The professionals and businesses that help maintain semi-trucks may be liable if poor workmanship contributes to a crash. In scenarios where delayed maintenance or poorly-performed repairs lead to vehicles failing in traffic, the professionals responsible for that substandard professional work may potentially be liable.
3. Companies paying for transportation
Many businesses load their own trailers, and transportation companies pick them up and deliver them to a specific location. Any business that improperly loads a trailer could potentially be liable if the imbalance of weight or shifting contents of the trailer cause a crash.
Reviewing the circumstances of a semi-truck crash with a skilled legal team can help people understand their options. There may be multiple parties with partial liability, depending on the circumstances of a particular wreck.]]>On Behalf of Whitten Burrage<![CDATA[When are punitive damages awarded in Oklahoma?]]>https://www.whittenburragelaw.com/?p=476812026-05-15T22:23:41Z2026-05-15T22:23:41ZYou probably know that a personal injury lawsuit can help cover medical bills, lost wages and the pain you’ve had to live with. However, there’s another category of damages that doesn’t get talked about as much: punitive damages.
Understanding how punitive damages work in Oklahoma can help you better evaluate your legal options and recognize when negligence crosses the line.
What are punitive damages?
Unlike compensatory damages, which are designed to cover your economic and non-economic losses, juries award punitive damages to punish the defendant. Think of them as the court’s way of saying that what the other party did was so reckless or malicious that it goes beyond ordinary negligence and demands an additional consequence.Reckless conduct means the person knew their actions could cause serious harm and just didn’t care while malice means the harm was intentional. The higher the level of misconduct, the greater the potential punitive award.
How much can you recover?
Punitive damages are not applied in a one-size-fits-all way. The amount you can recover is based on the circumstances of your case. Courts evaluate the nature of the defendant’s conduct before deciding on how much to award. It’s also worth noting that damage caps may apply in certain cases, depending on the level of wrongdoing involved.
Real-world examples where punitive damages may apply
Punitive damages often come into play in drunk driving crashes, product liability cases where a company concealed known defects or when an insurer intentionally delays, denies or underpays a valid claim without reasonable basis.
Why you need the right legal team
While punitive damages are usually awarded at the court’s discretion, building a case that demonstrates the defendant’s conduct as particularly reckless or malicious can significantly improve the likelihood of recovering them. Reaching out for professional legal guidance can help you do everything right to secure the compensation you deserve while protecting your rights.
]]>On Behalf of Whitten Burrage<![CDATA[What is a Daubert challenge and how does it affect your case?]]>https://www.whittenburragelaw.com/?p=476802026-05-04T15:49:24Z2026-05-04T15:49:24ZWhat does the Daubert standard require?
The Daubert standard comes from a U.S. Supreme Court decision that established a framework for determining whether expert testimony is admissible at trial. Under this standard, the trial judge acts as a gatekeeper who assesses both the relevance and reliability of proposed evidence.
Oklahoma adopted its own version of this standard to govern expert testimony in state courts. The rule requires that witnesses' opinions draw on sufficient facts or data, are the product of reliable principles and methods, and reliably apply them to the facts at hand.
How does a challenge reach the court?
A party typically raises a Daubert challenge through a pretrial motion, often called a motion in limine. The movant argues that the opposing side's expert does not meet the threshold for admissibility and asks the court to exclude the testimony before trial begins.
The motion identifies the specific expert, outlines the opinions that the party intends to offer and explains why it fall short of the Daubert criteria. The opposing party then responds, and the court may hold a hearing to evaluate arguments from both sides.
Where does the case go after a ruling?
If the court grants a Daubert challenge, it excludes the expert's testimony in whole or in part. This ruling can fundamentally change the direction of litigation, particularly when a party's claims or defenses depend heavily on that testimony.
In a products liability case, for example, excluding a plaintiff's causation specialist may leave the plaintiff unable to prove a critical element of the claim. In a medical malpractice matter, excluding a defense expert on the standard of care can significantly weaken that side's position.
A Daubert ruling does not always end the issue. The court may allow the witness to revise a report, narrow the scope of testimony or take other corrective steps, and either side may seek appellate review under limited circumstances.
Why does early preparation matter?
Anticipating a challenge calls for attention well before trial. The choice of expert matters. So do the methods that they use and the way the legal team records opinions. All of these affect whether the testimony holds up under scrutiny.
Cases involving technical or specialized evidence often rise or fall on testimony. Spotting weak points early gives you the chance to fill gaps, bring in additional experts or shift strategy before the other side files a motion.]]>On Behalf of Whitten Burrage<![CDATA[Trucks have blind spots where other vehicles are invisible]]>https://www.whittenburragelaw.com/?p=476782026-04-30T21:52:34Z2026-04-30T21:52:34Zblind spots are essentially invisible to truck drivers, who may not see them even when using their mirrors.
First and foremost, there is a small blind spot right next to the cab on the left-hand side of the vehicle. The driver can typically use the mirror to see cars that are near the trailer, however. On the right-hand side of the vehicle, or the passenger side, the blind spot is much larger and extends further back toward the rear of the truck.
Additionally, there is a large blind spot right behind the trailer, and a smaller one directly in front of the truck. For instance, a pedestrian walking in front of a truck at a stoplight could be invisible to the driver, who is so high up that they see over the pedestrian's head.
Truck drivers must make careful maneuvers
As much as it is important for pedestrians, cyclists and other drivers to understand these blind spots, truck drivers themselves must be wary of vehicles that are out of their range of vision. They need to make careful, slow and deliberate maneuvers, and signaling their intentions in advance is very important.
Moreover, a truck driver should actively be watching traffic around them. Many cars will approach and pass the vehicle, going through the blind spots to do so. But a driver who is watching them the entire way can understand where they are and avoid a collision, even when they cannot technically see the vehicle.
Compensation after truck accidents
When truck drivers make negligent mistakes and cause serious accidents, others can suffer significant injuries. If you find yourself in this position, be sure you know how to seek financial compensation for medical bills, lost wages and much more by seeking legal guidance.]]>On Behalf of Whitten Burrage<![CDATA[Seeking consequential damages in an insurance bad faith claim]]>https://www.whittenburragelaw.com/?p=476762026-04-09T08:59:09Z2026-04-09T08:59:09ZDuring bad faith insurance litigation, the main objective is often to reverse an unfavorable insurance determination. However, those affected by the bad faith practices of an insurance provider may also be able to seek additional damages.
One of the ways to increase the amount of compensation received is to make a claim for consequential damages. If the courts rule in favor of a plaintiff, the insurance company may ultimately be responsible for compensating them for not just the value of their initial claim but also the additional damages sustained due to the denied claim.
What are consequential damages?
Failing to uphold contractual obligations, such as approving and promptly paying reasonable insurance claims, can generate numerous secondary losses for individuals and businesses.Consequential damages may include lost business revenue or income, reputation damage and expenses incurred due to the loss of use of a property or certain equipment.Delays in payment can cause personal and professional setbacks. Especially in cases where an insurance claim relates to an owner-occupied multi-family home or where the property is a residential home where an owner conducts a home business, delays in insurance payments can cause significant consequential damages.In some cases, policyholders may also be able to request punitive damages. It is often advisable for plaintiffs to maximize the damages they request, as doing so can better address the impact of bad faith insurance practices and help pressure the company to adjust its internal practices.Reviewing an insurance policy and the challenges generated by a denied claim can help policyholders make appropriate requests duringbad faith insurance litigation. Consequential damages are among the losses insurance companies may need to cover if a bad faith insurance lawsuit is successful.]]>On Behalf of Whitten Burrage<![CDATA[Why product defect lawsuits often become complex litigation]]>https://www.whittenburragelaw.com/?p=476752026-03-25T06:14:41Z2026-03-25T06:14:41ZConsumers should be able to trust that products for sale are reasonably safe. Unfortunately, countless defective products make it to the marketplace every year. Some of them cause serious injuries or substantial property damage.
The people affected by defective products might choose to take legal action. Product defect litigation can result in compensation for medical expenses, property damage losses and income consequences of a product suddenly failing. Plaintiffs preparing for product defect litigation may need to prepare for a lengthy process ahead, as the Oklahoma civil courts may identify their lawsuit as complex litigation.
What is complex litigation?
Many civil cases are straightforward legal matters that require the analysis of a single claim and a handful of supporting documents. Complex litigation may involve a vast collection of evidence that may require days or weeks to accurately review.Class actions where multiple people participate tend to be complex.Complex lawsuits may involve novel legal ideas, although that is not especially common in product defect scenarios. Instead, the case may be complex due to the amount of evidence and the need to coordinate multiple plaintiffs affected by the same defective product.Interstate jurisdiction can also make a lawsuit complex. If the location where the plaintiff consumer sustained injuries is in Oklahoma but the manufacturer operates in another state, the matter may be complex from a legal standpoint.Complex litigation requires special procedures and civil court. Plaintiffs also benefit from partnering with attorneys familiar with the unique challenges ofcomplex litigation cases. Recognizing that a product defect claim may not be a simple lawsuit can help injured parties secure the support they need to hold irresponsible businesses accountable for their unsafe practices.]]>On Behalf of Whitten Burrage<![CDATA[The challenges of estimating lost wages for wrongful death claims]]>https://www.whittenburragelaw.com/?p=476742026-03-14T13:42:56Z2026-03-14T13:42:56ZWages tend to change over time
The process of calculating lost future income involves more than just multiplying a professional's salary by the number of years left until they would have reached retirement age. Families must consider raises, promotions and new employment with an outside company. Additionally, the family needs to consider the value of their employment benefits, which may have also increased in overall value as their salary and job title improved.
Internal advancement opportunities can lead to a worker securing a significant increase in their base pay. So can accepting a new position with a different company. The more ambitious and successful a professional was, the greater the likelihood that their wages may have increased over time if they continued working.
Researching average wages, calculating the value of benefits and projecting the professional future of a deceased person can be very difficult for those experiencing grief. The assistance of a wrongful death attorney can help families accurately estimate their losses and take the necessary steps to hold a party at fault for a great loss financially accountable.]]>On Behalf of Whitten Burrage<![CDATA[How failure to buckle up can affect your recovery]]>https://www.whittenburragelaw.com/?p=476712026-02-23T14:22:47Z2026-03-04T14:22:12ZThe seatbelt defense under Oklahoma law
Under the Oklahoma Mandatory Seat Belt Use Act, the non-use of a seat belt is admissible in court, unless the plaintiff is under 16 years of age. This means the insurance company or the other driver’s lawyer can use this evidence as a defense.
How comparative negligence impacts your payout
In Oklahoma, the courts follow a modified comparative negligence rule. This means the courts assign a percentage of fault to everyone involved. Failing to wear a seat belt counts as a failure to mitigate damages rather than a cause of the accident itself. For the defense to reduce your settlement based on this, they must meet these factors:
Expert witness: The opposing counsel provides expert testimony to prove exactly which injuries were caused by the lack of a restraint.
Second collision: The jury must be able to separate the injuries caused by the truck hitting your car from the injuries caused by your body hitting the interior of the vehicle.
If the other party fails to bring a qualified expert to connect specific injuries with the lack of a seat belt, their argument does not count. Additionally, the jury cannot reduce your damages at all if they find it impossible to distinguish which injuries were a result of the lack of a seat belt. This means you may still recover 100% of your damages despite the violation.
Avoid letting the defense minimize your claim
Getting involved in a truck accident can be overwhelming. The trucker’s insurance company will look for any reason to pay you less, and a missing seat belt can be their chosen defense. While the burden is on them to prove that your lack of restraint caused your injuries, navigating this requires legal precision. An experienced personal injury attorney can offer the guidance you need.]]>On Behalf of Whitten Burrage<![CDATA[We’re approaching one of the riskiest driving periods of the year]]>https://www.whittenburragelaw.com/?p=476732026-02-24T09:17:18Z2026-02-24T09:17:18ZIt may feel like we just turned our clocks back an hour, but it’s nearly time to “spring forward” as daylight saving time begins on March 8. Both time changes not only affect humans’ internal clocks (including how well they sleep). They make driving more dangerous as people adjust to changes in the hours of daylight at the start and end of their days.
Many people who drive to and from work at more-or-less “typical” hours have to get used to darker conditions on the drive into work and driving into the sun on their way home. Even those drivers who use extra caution during these times often have to deal with other drivers who do not.
Why drowsy driving increases at the start of DST
Does the annual start of DST really make the roads more dangerous? One study found that the risk of fatal crashes rose by 6% in the early days following the time change – particularly during the morning hours.As noted, losing an hour of time can affect people’s internal clocks. Specifically, the sudden change to the hours of daylight affects what are called circadian rhythms. Sleep experts say this is more notable when DST begins in the spring. There’s a rise in insomnia, which can lead to more drowsy driving-related crashes, which are already one of the most common types.While a change in daylight hours can lead to drowsy driving and other dangerous behaviors behind the wheel, drivers who engage in them are still responsible for the crashes they cause and the expenses and other damages of those they injure. Getting experienced legal guidance as early as possible can help victims get the full compensation to which they’re entitled.]]>On Behalf of Whitten Burrage<![CDATA[How can your car’s controls lead to distraction?]]>https://www.whittenburragelaw.com/?p=476652026-02-15T23:42:06Z2026-02-15T23:42:06ZA choice of listening
There was once a time when drivers set their dial to their favorite radio station or pushed in a cassette which would entertain them for the next half hour or more. These days, people are more likely to flick between tracks on Spotify or a similar service, perhaps only listening to a few seconds of each track to find one they like. Maybe they type in the name of a track they want, All this means their hand, eyes and brain will not be used for driving as fully as they should be.
Route planning on the go
You once saw people with a set of handwritten instructions taped to their dashboard to guide them to their destination. They’d have worked out their route before setting off. Most people now just program their GPS. However, even if they do this before leaving, which many don’t, the accompanying screens vie for a driver’s attention throughout the trip. While it can certainly be useful to have your GPS inform you of heavy traffic ahead or suggest a faster alternative, you lose vital seconds of attention to these alerts.
Increasing comfort
The ability to rapidly heat up or cool your vehicle can be most welcome, but it can lead to distraction. A driver might now adjust the temperature for specific parts of the vehicle to cater to the demands of their passengers, as well as adjust a heated seat and steering wheel – all while on the move. Once again, those adjustments could distract them enough to cause a collision.
It’s a scary reality that most drivers get distracted. Thus, it is always worth determining whether a driver in a crash was distracted at the time. Having experienced legal guidance can help you seek fair compensation from an at-fault driver.]]>