What is Oklahoma’s Bernardo-Mills Law?

The Oklahoma Senate and House passed legislation called the Bernardo-Mills Law. The law mandates that drivers who are near emergency vehicles use due caution, reduce their speed, and change lanes. The purpose of the law is to protect emergency workers and drivers, passengers, and pedestrians who need emergency assistance.

Drivers who fail to comply with the Bernardo-Mills Law can receive citations and escalating fines based on the severity of the violation, including whether the failure resulted in injury or death.

Who are the emergency service providers the Bernardo Mills law protects?

According to Oklahoma State Senator Blake Stephens, “We want to ensure they [emergency service providers] can do their job safely. By drivers slowing down and being more attentive, we hope to see fewer accidents, injuries, and deaths of our selfless first responders.”

The Bernardo-Mills Law can be found at §47-11-314 of the Oklahoma Statutes. The law provides that a motor vehicle driver, upon approaching any of the following vehicles, must take specific safety measures:

• A Department of Transportation maintenance vehicle
• A Turnpike Authority maintenance vehicle
• A stationary vehicle that is displaying flashing lights
• A licensed wrecker that is displaying a flashing amber light, a combination red or blue light, or any combination of amber, red, or blue lights

The aim of the law is to protect:

• Police officers
• Firefighters
• Paramedics
• Tow truck operators
• Other first responders; such as EMTs and ambulance drivers

What are the duties of drivers towards emergency workers under the Bernardo-Mills Law?

Drivers should:

• Change lanes to lanes that are not adjacent to the emergency vehicle worker (if possible, taking into consideration traffic conditions, road conditions, and weather conditions).
• Use “due caution and reduce the speed of the motor vehicle to a safe speed.”

According to a paramedic, generally, the safest step for drivers to take is to “move all the way over to the right and turn your hazards on.” The hazard lights alert other vehicles that there’s a problem ahead.

What are the penalties for violating the Bernardo-Mills law?

The Bernardo-Mills law provides that a conviction under the law for “endangerment” can include fines of up to:

• $1,000 for a first offense of endangerment
• $2,500 for a second offense of endangerment
• $5,000 if the driver commits “aggravated endangerment” by injuring an emergency vehicle worker
• $10,000 if an emergency worker dies as a result of the endangerment or aggravated endangerment.

Possible defenses to the citation include mechanical failure of the driver’s vehicle, the negligence of another person, or the negligence of an emergency worker.

The bill is named after Bernardo Martinez and John Mills, two tow truck drivers who were killed in separate accidents.  Rep. Neil Hays, R-Checotah, the principal author of the House bill, said:

“We want to do everything in our power to protect our first responders, second responders, and emergency workers working on our highways,” Hays said. “I hope with the passage of this bill, it will encourage Oklahoma drivers to stay engaged and to pay better attention on our highways.”

According to the Tahlequah and Cherokee County News, the driver who took the life of John Mills was accused of driving his vehicle while intoxicated and crashing into the tow truck driver on November 26, 2022. Mr. Mills was “loading a disabled Tesla onto his Red Beards Towing wrecker on the shoulder of U.S. Highway 69 when Robert Marshall struck him with his 2006 Cadillac DTS.”

Chelsea Mills, the widow of the tow truck driver, created a website, www.fallentowops.com, to “showcase the dedication of wrecker drivers who have sacrificed their lives while fulfilling their duties.”

How do your Oklahoma City car accident lawyers help when drivers injure emergency vehicle workers?

At Cunningham & Mears, we’ve been fighting for injured drivers, passengers, and other car accident victims for more than a combined 105 years. We also represent families when a loved one dies in a car accident. Our lawyers work with investigators, the police, traffic reconstruction experts (if necessary), construction site professionals, and others to show how car accidents happen and who is responsible.

This work includes thoroughly reviewing the layout of the roads (including the shoulders), the type of traffic when the accident happened, the speed limit, weather conditions, the road conditions, and, most importantly, the reason the emergency vehicle was at the accident site.

We also question the defendants and everyone with knowledge about the accident about the events that led to the accident and what happened immediately after the accident.

Our Oklahoma City personal injury lawyers also review the full scope and severity of the accident victim’s injuries.

We demand compensation for the following damages on behalf of injured emergency service workers.

• All of the workers’ current and future medical bills of every nature
• The emergency worker’s lost income and lost benefits, including permanent disability compensation
• The emergency worker’s physical pain and suffering
• Any scarring or disfigurement
• Any loss of bodily function
• The inability to enjoy life’s pleasures
• Loss of consortium (enjoyment of marital relations)

We file wrongful death claims when emergency vehicle workers die while coming to the aid of others. Wrongful death damages include:

• The funeral and burial expenses
• The loss of financial support that the worker would have provided to the family members
• The loss of love, comfort, society, and education that the worker would have provided to the family members.

At Cunningham & Mears, we understand your pain and anger. People who provide emergency assistance deserve to be protected. We hope the Bernardo-Mills law provides that protection. When a car accident happens, please call our office or use our contact form to schedule a free consultation. We handle personal injury claims on a contingency fee basis.