OFF THE WIRE
http://www.tulsaworld.com/news/article.aspx?subjectid=336&articleid=20120124_16_A1_CUTLIN132488&allcom=1School bus accident victim stuck with bill because of government liability limits
John Zane, who was hit by a Broken Arrow school bus while riding his motorcycle last month, uses a walker for physical therapy at his mother's east Tulsa home. His stepmother, Lenda Bright, holds a curtain for him as he walks out of his bedroom on Monday. He exercises at home rather than with a physical therapist because of the cost. MIKE SIMONS / Tulsa World 1 / 3Showing image 1 of 3image not loaded in 30 seconds: /articleimages/2012/20120124_p1TORT0124.jpgBy WAYNE GREENE World Senior Writer Published: 1/24/2012 2:25 AM Last Modified: 1/24/2012 3:47 AM
BROKEN ARROW - Just before he blacked out, John Zane saw a front wheel of a Broken Arrow school bus rolling toward his chest.
When he woke up, one of the bus's back tires was on his foot.
But after 10 days in the hospital, facing a pile of unpaid medical bills and no prospect of being able to return to work anytime soon, Zane still says he considers himself lucky.
"There were a thousand ways to die during that wreck, and it's a miracle that I'm still alive," he said. "I've been blessed with great friends, a great family and a ton of luck."
Zane, 45, was on his motorcycle waiting for the light to change at Kenosha (71st) Street and the Broken Arrow Expressway about 4:15 p.m. Dec. 16 when the school bus, driven by Redeucendo Leon-Guerrero, rolled over him twice.
The bus driver told Broken Arrow police that the sun was in his eyes and that he never saw Zane's motorcycle. The accident report shows that when the light changed, the bus pulled away and hit Zane's motorcycle, dragging him 192 feet.
He was left with two broken ribs, a bruised right lung, a shattered pelvis, a broken left femur, a broken right tibia, a broken right fibula and a dislocated and shattered right ankle.
But a state law limits the liability of local governments - meaning the most Zane will ever be able to recover for his injuries is $125,000, Zane's attorney Scott Helton says.
Zane said his hospital bills alone amount to $105,000. That doesn't count the cost of three surgeries, medications, lost wages and other expenses.
Although his motorcycle was covered by insurance, there is no insurance to cover his other expenses over the $125,000 limit, Helton said.
Zane said he's trying to save money every way he can during his recovery. Rather than pay for physical therapy, he's teaching himself how to get around on a walker. To save the $280 a month cost of a rented wheelchair, he returned it on Monday. He's moved in with his mother, who also cares for his stepfather, who has medical issues of his own.
"Every day that I'm not at work, I'm losing money," said Zane, a maintenance mechanic at a Tulsa factory and a firearms instructor on the weekends. "Every doctor's appointment is another expense."
He said he worked very hard to be in decent financial condition. He understands the reason for the law and doesn't expect to get rich off the accident, but he thinks he should be able to come out of it in the same financial shape he was in before he was hit.
"I worked very hard to get out of debt and get ahead, and all my bills were paid, and I was doing pretty good. I had good credit," Zane said.
Now, he said, bankruptcy is a possibility.
"He probably won't recover enough to cover his medical bills, not to mention lost wages," Helton said. "I think this is a case where no one would dispute - when a bus tire drives over and breaks your ribs and then breaks your hip and both legs - that there's a significant amount of pain and suffering that goes along with that that he's not going to recover anything for, not to mention future impairment that he's going to have."
Here's the incongruity of the situation to Helton: If Zane had been rolled over by a Greyhound bus, the company likely would have had a million-dollar insurance policy and Zane would have ended up recovering a great deal more of his losses.
A spokeswoman for Broken Arrow Public Schools did not return repeated phone calls Monday concerning the accident.
Two groups of friends are organizing benefits later this year to help Zane with his expenses.
One of the groups has established a Facebook page for its efforts: Our Friend John Zane.
The other group - the Downed Bikers Association - is working on a benefit motorcycle run for him.
Despite his bad luck, Zane insists that things could have been much worse. He easily could have been paralyzed or killed, so he insists on thinking of himself as fortunate.
"I'm extremely lucky to be alive," he said.
The Governmental Tort Claims Act First passed in 1978, the state law asserts sovereign immunity for itself, its political subdivisions and all of their employees within the scope of their employment.
The law sets limits on the potential liability of the state and local governments arising from accidents.
The law gives the state and local governments immunity from punitive and exemplary damages.
Originally, the limit for an injured person was $50,000, but the law has been amended several times over the years.
The current limit - set in 2000 - for most injuries to an individual is $125,000. The limit for injuries caused by the state or cities of more than 300,000 people is $175,000. Other limits apply to some state hospitals.
The total liability for all injured people in a single accident is $1 million.
Original Print Headline: Victim stuck with bills
