City of Ann Arbor's Pedestrian Crosswalk Law Under Scrutiny

Ann Arbor City officials are reconsidering the new local law that requires motorist to stop for all pedestrians that are either "in" or "approaching" a crosswalk.  Many residents have complained that the new law causes confusion amongst motorists and may cause more rear-end collisions that endanger the safety of pedestrians that are in front of a law-abiding stopped car.  Even Ann Arbor Police Chief Barnett Jones has expressed his concerns that the new law may cause more rear-end collisions. 


Motorist that fail to stop for a pedestrian face a $100 fine and two points on their driving record.  The City is studying new ways that they can educate drivers and they have recently placed new temporary lighted warning signs on busy two lane roads like Plymouth Road in north-east Ann Arbor where the speed limit is 35 miles per hour.


Due to the fact that Ann Arbor draws so many out-of-town vistors that are either in-town for University of Michigan events (such as football or basketball games), an educational program that only targets local residents may not alleviate the danger from an uneducated out-of-town driver.  Many people would prefer that Ann Arbor withdraw the new ordinance and go back to a law that is consistent with Michigan State law that holds that you must stop for pedestrians when they are "inside" the cross-walk.  They argue that this eliminates the difficulty in predicting whether or not a pedestrian actually intends to enter the cross walk or is just walking past the cross-walk.


The Ann Arbor Mayor and City Council members are currently studying the new law and all options that have the potential to make Ann Arbor streets as safe as possible for pedestrians.     

New Bill Would Weaken The Michigan No Fault Law's Protections

Recently, the Michigan auto insurance industry has been lobbying our elected officials in an attempt to break the Legislature’s decades-old promise of providing lifetime medical benefits to those persons that suffer catastrophic injuries in auto accidents. Due to the insurance industry lobbying pressure, two bills were introduced attempting to cap medical benefits, SB 293 and SB 294, available to those injured in Michigan auto accidents.  These two bills have now been essentially abandoned; however, a substantially similar bill has just been introduced in the Michigan House of Representatives – HB 4936. The bottom line is that Michigan’s comprehensive No-Fault System is under attack and many seriously injured persons, their families, and the Michigan taxpayers could be confronted with financially disastrous circumstances.

The insurance industry lobby is arguing that they want to give Michigan consumers a choice as to limits of medical coverage and thereby making insurance coverage more affordable.  The industry argues that motorist should be able to buy insurance coverage for medial costs with limits ranging from $50,000 to $400,000 rather than being required to carry full life-time coverage for catastrophic medical care.

Medical and Rehabilitative treatment providers argue that under the current mandatory full medical insurance coverage of the current Michigan’s No-Fault law, accident victims can get the care they need without bankrupting their families and relying on state welfare if they are catastrophically injured.  The fear is that taxpayer-funded government benefits such as Medicare and Medicaid will take on a huge share of the burden if some persons opt out of full coverage for catastrophic medical care coverage.  In fact, a recent study found that Michigan’s Medicaid system would likely face an additional $30 million in costs in the first year alone if the proposed changes to the No-Fault system are adopted.

Now is the time for Michigan residents to contact their State Representatives and Senators and request that they vote to keep the current No-Fault Insurance Law requirements of providing lifetime medical benefits to the catastrophically injured auto accident victims.   

Michigan Construction Zone Accidents

Each year Michigan drivers are challenged with a very busy summer road construction season.  Although it is frustrating to slow down for the construction zones, the penalties are severe for those that ignore the speed limits.  The penalties for speeding in a construction zone include doubled fines, more points, increased insurance rates, and severe penalties that could lead to jail and / or significant fines.  In 2001, a law named after Andy Lefko was passed (Andy's Law) that created penalties of one year in prison for injuring a highway construction worker, up to 15 years in prison for killing a construction worker, and up to $7,500 in fines.  Andy was a worker who was left paralyzed after being struck by a speeding motorist in a construction zone.   In 2003, Andy's Law was strengthened by requiring signs that emphasize where Work Zones begin and end. Additionally, "Begin Work Convoy" and "End Work Convoy" signs are now required for mobile crews that travel along roads repairing potholes and painting lines.  Interestingly, the majority of Michigan construction zone injuries and fatalities involve drivers and their passengers rather than the construction workers.  Construction zones are particularly dangerous for automobiles due to the heavy machinery, frequent and sudden traffic back-ups, and uneven road surfaces. For your own safety and your family's safety it is important to follow the 45 miles per hour speed limit when workers are present and there is no concrete barrier separating workers from the open roadway. 

Stopping for Pedestrians in Ann Arbor's Crosswalks

In late 2010, the Ann Arbor City Council passed an ordinance that grants Ann Arbor pedestrians greater safety when entering crosswalks.  The city ordinance requires vehicles to come to a complete stop at crosswalks with no traffic control signals.  In the past, vehicles were only required to yield to pedestrians that were in a crosswalk.  Vehicles must now stop for both those pedestrians that are in the crosswalk and those that are approaching the crosswalk; however, the ordinance states that pedestrians cannot enter a vehicle’s path when the driver is unable to respond in the proper fashion.  Additionally, the ordinance does not cover those pedestrians that cross streets at places other than crosswalks. The aim of the new ordinance is to give pedestrians in the City of Ann Arbor a greater feeling of safety and encourage more people to walk to work, use Ann Arbor’s pedestrian friendly downtown, and provide safety for the city's university students.

In order to educate the public, Ann Arbor City Police have set up targeted enforcement areas that have included changeable message signs to announce the new ordinance.  Police and city officials have stated that they have observed more drivers obeying the new ordinance and coming to a complete stop for pedestrians entering crosswalks. Be aware of pedestrians entering crosswalks when in Ann Arbor or you may face a costly ticket.    http://www.michiganautoaccident.com/Practice-Area/Common-Injuries.shtml

After the Crash: Is Your Insurance Company Telling You about All Benefits Available?

The Michigan No-Fault Law allows persons injured in a Michigan auto accident to seek the following Personal Protection Insurance (PIP) benefits from their own insurance company:

 

(1). Medical expenses;

(2)  Incidental expenses necessary for medical care and treatment (such as private nurses, home aides, family member reimbursement for providing necessary care);

(3). Wage loss benefits for an injured claimant;

(4)   Transportation costs (to and from treatments);

(5).  Home modifications (for example, wheelchair ramp);

(6).  Survivor’s loss benefits in cases of death;

(7).  Replacement services (cooking, cleaning, and lawn care) up to $20 per day (very often overlooked);

(8). Other benefits related to necessary and reasonable treatment (for example, food and lodging for a severely injured person requiring 24 hour care in a treatment facility).

After an auto accident it is important to contact your insurance company claim’s department and make a formal claim for benefits.  Under Michigan law, waiting for more than a year to make claims for PIP benefits may limit your eligibility for full benefits.  The law requires that the benefits you are seeking to be necessary for medical care and treatment, reasonable, and related to the auto accident.  In special circumstances other benefits not listed above will also be paid but it may be necessary to consult with an attorney in order to secure payment from your insurance company.

Pain and Suffering Damages and Wage Loss benefits beyond three years are recovered from the Negligent Driver’s insurance company rather than your own insurance company.  A separate claim must be made to recover for these damages and you can only recover these damages if you are seriously injured and your injuries meet Michigan’s threshold of injury level.   

http://www.michiganautoaccident.com/Practice-Area/Common-Injuries.shtml

Michigan Pedestrian Auto Accidents

On average, 179 pedestrians are killed each year in Michigan and over 3,000 pedestrians are injured.  Surprisingly, over 22% of Michigan pedestrian fatalities occurred in the City of Detroit when Detroit only has about 10% of the State's population.  Over 33% of pedestrian facilities and over 175 injuries occurred in Wayne County.

Many Michigan cities are implementing the suggestions from the State of Michigan's Pedestrian and Bicycle Safety Action Plan by installing mid-street pedestrian refuge islands, installing more lighted crosswalks, and even installing pedestrian activated traffic signals for non-intersection cross walks.

Michigan pedestrians need to realize that Michigan is a comparative negligence jurisdiction and if they are struck by a car this means that their own negligence may be considered by the jury.  A jury may consider the fact that the pedestrian was listening to loud music and wearing earphones, talking on the phone, or crossing mid-street instead of at a cross-walk or intersection.  An injured pedestrian's damage award may be reduced by the percentage that a jury finds the pedestrian at-fault vs. the fault of the driver of the automobile.

http://www.michiganautoaccident.com/Practice-Area/Common-Injuries.shtml

Are Distracting Digital Billboards Causing Auto Accidents?

Recently, Ms. Rebekah Warren, State Representative from Ann Arbor, introduced a proposal to the legislature to place a two year moratorium on building more digital billboards in the State of Michigan.  Ms. Warren stated:  “We are moving so quickly into this digital age...We are being cautious in state legislatures around the country on how we keep drivers focused on the road."  Across the country 15 cities have banned digital billboards and 6 cities have placed moratoriums on constructing more based on the belief that digital billboards are specifically designed to draw drivers' attention from the road.  Currently, the Federal Highway Administration is conducting a study using instrumentation that tracts drivers' eyes to determine how much of a risk digital billboards pose to the average driver based on how long the eyes are distracted from the road.  The study should be completed by the end of the summer. No conclusive studies have been done thus far to determine how much of a risk digital billboards actually pose and whether there is a marked increase in accidents near currently existing digital billboards.
See our website for more information on dangers of distracted driving:
http://www.michiganautoaccident.com/Practice-Area/Rear-End-Collisions.shtml

Motorcylces Accidents in Michigan

Persons injured in Michigan motorcycle accidents that do not involve motor vehicles are not entitled to collect Personal Injury Protection (PIP) benefits under the Michigan No Fault Act.  However, persons injured in a motorcycle accidents involving contact with a motor vehicles are entitled to No Fault PIP benefits.  Interestingly, a pedestrian struck by a motorcycle also cannot collect PIP benefits unless a motor vehicle is somehow involved in the accident.  Michigan's laws for motorcycle accidents are somewhat confusing and it's wise to call an attorney for advice.

Contact the attorneys at Kline Legal Group, PLC:  http://www.michiganautoaccident.com/Practice-Area/Motorcycle-Accidents.shtml

Michigan Legislature Considers New Restrictions on Teen Drivers

On April 12, 2011, Representative Bill Rogers introduced a bill to the Michigan House of Representative that would impose further restrictions on teen drivers less than 17 years old in an effort to decrease accidents involving teenagers driving at night or distracted by their teen-age passengers.  If the bill passes then these young drivers would be restricted from driving between the hours of 10:00 p.m. and 5:00 a.m. unless with a parent, going to or from a school event, or going to or from work (currently these young drivers can drive to 11:00 p.m.).  Additionally, these young drivers could have only one passenger under the age of 21 in the car with them unless the passengers were immediate family members or the young driver and passengers were going to or from school or a school sanctioned event.  Contact your representative if you are interested in encouraging your legislator to pass this bill into law  (reference House Bill Number 4533).

Distracted Drivers

In July 2010, the Michigan Legislature passed a law that prohibits drivers from reading, writing and sending text messages while operating a motor vehicle.Violation of this law is a civil infraction and the first offense will result in a $100 fine with subsequent violations costing $200.  As is readily apparent for anyone that drives in Michigan, there are many drivers that continue to text while driving despite the passage of this law.  Additionally, I have often seen drivers applying make-up, reading newspapers, and trying to discipline children while driving down the highway.  I have had several clients suspect that the driver that caused the accident was texting while driving.  In these cases, we can subpoena phone records to determine whether text messages were sent just prior to the accident.  To learn more about distracted driving in Michigan - See: 

http://www.michiganautoaccident.com/Practice-Area/Teen-Driver-Accidents.shtml

Under-ride Guards on Semi Truck Trailers Often Fail Causing Death

New crash tests by the Insurance Institute for Highway Safety indicate that under-ride guards on tractor trailers often fail in even low-speed crashes causing unnecessary deaths.  The under-ride guard is the vertical bar that extends down on the back of a semi truck trailers' rear-bumper to prevent cars from sliding under the trailer causing the roof to be torn off the car.  Today's passenger cars are designed to protect occupants from low speed front end crashes when the front bumper is impacted but they are not designed for impacts that strike above the front bumper and impact the just the hood or roof of the car.  When the under-ride guard crumples and the car slides under a truck, the consequences are often catastrophic.  The National Highway Traffic Safety Administration (NHTSA) estimates that 423 people in passenger vehicles die each year and more than 5,000 people are injured when their vehicles strike the back of large trucks.  The tests indicate that the government under-ride guard safety standards need to be improved both in the U.S. and Canada.  Write to your Congress-person encouraging him or her to mandate an improvement to the NHTSA under-ride standards.  View "Segment 1" video of a 2010 Chevy Malibu causing at under-ride guard failure at:  http://multivu.prnewswire.com/broadcast/48768/press.html

Insurance Claims

Why is it that whenever you have an accident you immediately get transferred away from your familiar agent to an adjuster you have never talked with before?  Doesn't it seem like before the accident you were promised that if any type of calamity or mayhem should occur that you could count on the neighbor-like-response to your requests with your insurance claim?  What can you do if you have problems with a Michigan insurance claim?

If it is a matter of getting a fair value for your totaled car you can try the following:  (1).  Use the website  http://www.nada.com/ to see what value your car had on the used car market (adjusters think NADA is a better site than Kelley Bluebook); (2).  Search for a similar used cars that are being currently sold by a dealers or private sellers;  (3). Use these values and add what you will be charged for sales tax (6% in Michigan) to come up with what you believe is a fair value (insurance companies have to pay sales tax because it is part of the costs of replacing a car - usually the adjuster won't tell you this) (4). Call the adjuster and see if he/she will be reasonable in negotiations; (5).  If you cannot get a fair price on your own, then call an attorney to assist you in the claim by either calling the adjuster on your behalf or sending the adjuster a demand letter on lawfirm letter-head.

More insurance information at:   
http://www.michiganautoaccident.com/Practice-Area/Uninsured-Underinsured-Motorists.shtml

Safe Winter Driving Tips

Considering the current blizzard warning for most of Michigan, the following condensed safe winter driving tips from the Department of Transportation seem appropriate:

• Clear snow and ice from all windows and lights - even the hood and roof - before driving.
• Pay attention. Don't try to out-drive the conditions. Remember the posted speed limits are for dry pavement.
• Leave plenty of room for stopping.
• Leave room for maintenance vehicles and plows. The law requires you to slow down or move over when approaching emergency or maintenance vehicles, including snowplows, parked on the side of the road when they have their flashing lights turned on. If you approach a parked emergency or maintenance vehicle during a winter storm and decide to change lanes be extra careful. The passing lane may be in worse shape than the driving lane. There may also be a snow ridge between the two lanes. Avoid making an abrupt lane change. If approaching a snowplow, stay back at least 200 feet (it's the law!), and don't pass on the right.
• Know the current road conditions. log onto the Michigan Road Conditions Web page

http://www.michtip.state.mi.us/rw/home.htm

• Use brakes carefully. Brake early. Brake correctly. It takes more time and distance to stop in adverse conditions.
• Watch for slippery bridge decks, even when the rest of the pavement is in good condition. Bridge decks will ice up sooner than the adjacent pavement.
• Don't use your cruise control in wintry conditions. Even roads that appear clear can have sudden slippery spots and the short touch of your brakes to deactivate the cruise control feature can cause you to lose control of your vehicle.
• Don't get overconfident in your 4x4 vehicle. Remember that your four-wheel drive vehicle may help you get going quicker than other vehicles but it won't help you stop any faster. Many 4x4 vehicles are heavier than passenger vehicles and actually may take longer to stop.  Don't get overconfident in your 4x4 vehicle's traction. Your 4x4 can lose traction as quickly as a two-wheel drive vehicle.
• Do not pump anti-lock brakes. If your car is equipped with anti-lock brakes, do not pump brakes in attempting to stop. The right way is to "stomp and steer!"
• Look farther ahead in traffic than you normally do. Actions by cars and trucks will alert you quicker to problems and give you a split-second extra time to react safely.
• Remember that trucks are heavier than cars. Trucks take longer to safely respond and come to a complete stop, so avoid cutting quickly in front of them.
• Go slow!

Distracted Driving

In May 2010, Michigan joined other states in passing a ban on texting while driving.  Now some states like New York, Oregon, and California are considering passing laws banning use of mobile phones, iPods, or other electronic devices for pedestrians crossing streets and for bicyclists.  Studies have found that distracted drivers are 23 times more likely to be involved in an auto accident.  See http://www.michiganautoaccident.com/Practice-Area/Teen-Driver-Accidents.shtml.  This makes me wonder how much more likely is it for a pedestrian or bicyclist to make a fatal misstep while being distracted by a text from a friend.  It constantly amazes me when driving through Ann Arbor and seeing a group of University of Michigan students walking through intersections with their head down and eyes focused on reading their cell phone.  Unfortunately, pedestrian fatalities increased slightly for the first time in 4 years in the first 6 months of 2010 according to a report released last week by the Governors Highway Safety Association. Further studies need to be done on whether this increase is due to more distracted / multi-tasking pedestrians crossing busy intersections.  If the increase in pedestrian fatalities continue to climb, Michigan legislators may follow other states in passing laws in an attempt to make Michigan traffic intersections safer for pedestrians and ban the use of using electronic devices while crossing the street.