State Law Leaves Broken Arrow Man Hit By Bus Few Options

You would think if you got hit by a city or state vehicle, they would pay for the damages, but A Broken Arrow man has learned the hard way, that's not the case.

Thursday, January 12th 2012, 5:53 pm

By: News On 6


You would think if you got hit by a city or state vehicle, they would pay for the damages, but a Broken Arrow man has learned the hard way, that's not the case.

He was hit by a school bus and suffered several injuries that required a lengthy hospital stay and three surgeries, but because of a state law, he doesn't know if all his medical bills will be covered.

John Zane was on his motorcycle when the Broken Arrow bus hit him December 16th. Thursday is his 45th birthday and he's in a wheelchair. 

"I remember the impact. I remember getting run over and I remember coming to with the bus parked on my foot," he said.

Zane was stopped at a red light at Kenosha and the Broken Arrow Expressway. The bus rear-ended him as the light turned green. The driver says he couldn't see because of the sun.

"The school bus ran over me with the right front tire over my chest.  I was drug 192 feet under the bus," Zane said.

Zane had a ten-day hospital stay because of his injuries.

"I broke two ribs and bruised a lung, I shattered my pelvis, I broke my left femur, my right tibia and fibula and I have a crushed ankle," he said.

The police report states the bus driver was at fault, but the Oklahoma Governmental Torts Claim Act limits what the school district pays out for the accident.

In this case, it can't be more than "$125,000 to any claimant arising out of a single accident." The law is meant to protect government entities.  The state says that amount was set in 2000.

"It got me down a little bit because now I'm responsible for the remainder of the hospital bill, the surgeon's bill and anesthesiologist," he said.

Zane works two jobs, but doesn't have health insurance and can't afford rehab because his money will go to medical bills. He's not mad, he just has a suggestion.

"It's a law that might need to be looked at because it's not a current law. It's an old law," he said.

A spokesman with the Office of State Finance says he does not know of any discussions about raising the liability limits in Oklahoma.

Meanwhile, two groups are planning fundraisers for John Zane to help him pay for medical bills.

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