Proper and Legal Speed Depends Upon Conditions- You Can Be Found Careless or Negligent Even If You are Driving at Posted Speed Limits

Michigan Law, MCL 257.627(1) and 257.626(2), require that drivers always consider both the weather conditions and road conditions when choosing what speed to drive.  The law requires that you remain in control of you car at all times and be able to stop your car within a reasonable distance.  Some people mistakenly believe that as long as they are at the speed limit, or under, they will not be ticketed or found to be negligent or careless in their driving.  Michigan drivers must always maintain control of their vehicles depending on road conditions. 

Many drivers on gravel roads over-estimate the safe speed to travel and may think that by traveling the speed limit they will be safe and avoid getting ticketed; however, if the gravel road is rutted due to water run off or full of pot-holes, then drivers are required to slow down so they can always remain in control.  The same principle of always remaining in control and being able to stop in a reasonable distance also applies to paved roads.  If there is fog, ice, slush, snow, or potholes present, then traveling at the posted 70 m.p.h. on freeways will not assure that you are following the letter of the law.          

Michigan drivers face many challenges with our winter weather that includes many freezing and thawing cycles during just a few hours. With the approaching winter weather, Michigan drivers need to avoid becoming too over-confident in their winter driving abilities and slow down for our unique Michigan winter weather systems.  

If you are seriously injured in Michigan due to the negligence of another driver losing control of his / her car, then you should call an attorney to make sure that you preserve all the evidence and all of your rights to fully recover your damages. 

The Most Dangerous Holiday for Drinking & Driving

You might be surprised that New Year's Eve is not the most dangerous holiday for alcohol related traffic deaths and injuries.  It turns out that Thanksgiving has that unfortunate distinction.  The Thanksgiving holiday weekend is the most dangerous due to the high volume of people on the road and the fact that the holiday always begins on Thursday for a four-day-weekend of overindulgence.  According to the National Highway Traffic Safety Administration's report on motor vehicle deaths, Thanksgiving weekend is number one and July 4th weekend is number two as the most dangerous holidays for drivers.  The other long weekends of Memorial Day and Labor Day come in fourth and fifth most dangerous.  New Years is number six because it often does not not fall on a weekend or near the weekend. 

Most people don't realize that for the average person, each drink adds 0.02% to the Blood Alcohol Concentration an hour and in that hour only  about 0.01% is removed by the body's metabolic processing. This is why blood alcohol concentrations build steadily throughout a long day of holiday celebration causing levels to often rise beyond the legal driving limit  (0.08% BAC in Michigan).  Be aware that you cannot speed your body's processing of alcohol with coffee or other urban-myth-remedies.  Be safe and don't make another Michigan family suffer a holiday tragedy of losing a loved-one.  If you over-indulge, or know that you will likely over-indulge, please use a designated driver or call a cab.  Nothing is more heart-wrenching to watch than a drunk driver, who has caused someone's death, facing the family of the deceased while they make victim impact statements to the judge before the judge decides the length of the prison term for the drunk driver.      

Pedestrian Safety Devices Need to Be Installed in Ann Arbor

The recent tragic death of pedestrian Menghua Tian, 70, of Ann Arbor, Michigan must draw the City of Ann Arbor's quick attention and spark action.  Ms. Tian was killed recently by a pick-up truck on Ann Arbor-Saline Road between Eisenhower and South Main.  The City's 2007 Non-motorized transportation plan called for a crosswalk near the place where Ms. Tian was recently hit and killed.  Five years after this plan's publication there is still no cross walk, pedestrian safety island, or High-Intensity Activated crossWalK (HAWK) system, or Rectangular Rapid Flashing Beacons (RRFBs) in place on Ann Arbor-Saline Road. Several years ago a pedestrian's death near U of M's North Campus on Plymouth Road sparked the City to install several RRFBs with pedestrian safety islands.    Additionally, the pedestrian death in August 2012 on Golfside Drive in Pittsfield Township should spark Pittsfield Township to make safety improvements on this well-known-dangerous road.  All these pedestrian deaths occurred on five-lane roads that lack safe pedestrian crossings between far-spaced stop-light intersections.  Safety developments that have already been tested in Ann Arbor, like RRFBs and HAWK systems, need to be installed as soon as possible to prevent any more tragic pedestrian deaths on these high-traffic-volume dangerous five-lane roads.        

Will Robot Driven Cars Make Our Roads Safer?

Recently, the Wall Street Journal published an article entitled "Who's Behind the Wheel? Nobody." http://online.wsj.com/article/SB10000872396390443524904577651552635911824.html?KEYWORDS=who%27s+behind+the+wheel+nobody
The article suggests that robot driven cars are in our very near future because autopilots never get distracted, sleepy, angry, or intoxicated.  The article summarizes research and testing of robot driven vehicles from big corporations like Google, Siemens, Volkswagen, Honda, Volvo, and Ford.  Current testing of robot driven trucks demonstrate that they can follow at very close stopping distances forming long train-like caravans because the robots are all communicating through wireless networks regarding what lies ahead and the need to brake or slow down.  The research scientist conclude that use of such robot driving and communicating vehicles will significantly reduce accidents, reduce congested highways, and conserve fuel, however, it seems that the transition to robot driven cars may be a very difficult transition.  Americans love their independence and nearly everyone polled believes themselves to be an above-average-driver, so will Americans really give up their right to steer their own car?  What if only some drivers adopt the autopilot technology?  Will the human-driven cars then become the most dangerous and unpredictable vehicles on the road?  What if the government outlaws human drivers or creates financial incentives / disincentives so great that nobody can afford to drive their own car?  If all cars on the road become robot driven and a serious auto accident occurs, due to a computer glitch or virus, then who is ultimately liable for the damages, injuries, and potential loss of life?  These will be interesting questions that our future lawmakers will have to grapple with as we transition to robot driven cars.        

Michigan Auto Insurance Coverage

There are two sides to every argument, so when it comes to looking at Michigan's Automobile Medical Insurance, there are those who think it should be reformed and those who think it should stay how it is.  Currently, Michiganders are required to pay for unlimited lifetime benefits. 

Those who think the insurance program is fluky have a strong argument. According to an opinion article in Sunday's AnnArbor.com paper written by Pete Kuhnmuench, Michigan has the highest mandated auto insurance medical benefit in the country.  The op-ed also makes the argument that Michigan is the only state which "mandates unlimited, lifetime medical benefits."

Recently House Bill 4936 was introduced which would "allow consumers to choose the level of medical benefits that best fits their own needs."  However, this is where the two viewpoints on Michigan's mandated auto insurance medical benefits differ.

The side opposing this bill, identifies that this bill only hurts Michigan's drivers.  In another recent op-ed in AnnArbor.com's Sunday paper by John Cornack, he said that the House Bill "caps personal injury protection benefits as low as $500,000, puts price controls on health care providers, and limits in-home care for the most severely injured drivers."  In Mr Cornack's view, the bill would merely shift costs from insurance companies onto others such as hospitals and individuals.

In all, removing the auto insurance medical benefit mandate in the state of Michigan would give consumers the choice of what kind of coverage they want but it would also be at a cost to those individuals.  Removing the mandate would not make this insurance cheaper and in the long run, if someone was injured and had to pay over $500,000 worth of medical bills, it would be coming out of their own pocket.

Bicyclist Must Obey Law or Face Serious Consequences

City Prosecutors in San Francisco recently filed felony vehicular manslaughter charges against a bicyclist who hit and killed a 67 year old pedestrian in a crosswalk.  The bicyclist allegedly ran a red light at a high rate of speed and struck the elderly woman.  See  http://online.wsj.com/article/SB10001424052702303410404577466990820318610.html  Bicyclist not only have to be concerned about their own criminal liability but also must be aware that in Michigan their own negligence can significantly reduce or eliminate their ability to collect benefits under the Michigan No Fault Law.  See http://www.michiganautoaccident.com/Practice-Area/Types-of-Accidents.shtml    Michigan uses a pure comparative negligence standard that reduces damage awards by the percent fault attributed to the negligent bicylclist.  This means that if a bicyclist is riding on the wrong side of the road and gets hit by a motor vehicle the jury is allowed to reduce the injured bicylclist's damage award by the percent of fault that is attributed to the bicyclist for causing the accident.  If the jury finds that the injured bicyclist is more than 50% at fault then the bicyclist will get no pain and suffering damages and only a reduced amount of economic damages for such things as lost wages. 

Cars, Gadgets, Driving Distracted

 

Advancements in technology have not only affected internet speed, wireless mobility, and personal entertainment; they have made begun to influence the ways in which drivers handle their cars too.  The voice activation systems that are now being put into many new models of cars make it easy for drivers to say the song they want to hear and the car will play it.  But what happens when the stereo system plays the wrong song?  Then the hands come off the wheel and the driver chooses the song manually.

Tracy Samilton from NPR describes distractions while driving like the spinning plates on the old Ed Sullivan tv show.  She says "Lets say you're driving and there's a kid in the back seat crying.  That's distracting....Let's say you're also late.  That's another spinning plate.  You're checking a map on your GPS for directions, and traffic is getting heavy; plate, plate.  And if you get too many things going at once, those plates will start to fall."

A report was published back in April by Bridgestone America's which shows that young people just don't believe they are poor drivers or that they are driving distracted.  Young drivers claim that many times they see their parents driving a certain way (many times distracted) and they think that because their parents are driving that way then it is okay.  Other young adults also claimed that they are better drivers than their parents.  What is most important to keep in mind is that regardless of what you may be doing while your driving, if your two hands are not on the wheel and your two eyes are not on the road then there is something you could be doing safer.

MLive Findings Show Helmet Repeal as Deadly

There was great controversy leading up to the repeal of Michigan's Helmet Law.  Now that it has come, gone, and had time to settle, it is important to look at the affects that the repeal has had on Michigan motorcyclists over the past two months.  When it comes to safety, repealing the law did nothing to ensure Michigan's motorcyclists would be the safest they could be.

MLive Media Group has been conducting analysis since the repeal was put into place last April.  Though motorcycle accidents are dangerous regardless of whether or not the rider wears a helmet, MLive Media Group has come up with many findings that show that the repeal has done more to hurt than to help.   Below are some of their findings taken from Sunday June 24th's article in Ann Arbor.com titled "Helmet Repeal Proves Dangerous":

• 25% of the 129 helmetless riders in accidents suffered "incapacitating" injuries.  That compares to 16% for the 525 who wore helmets
• Of those who were killed, six were without helmets--or 4.7% of all helmetless riders in accidents.  By contrast, eight helmeted riders were killed, 1.5% of all those in accidents.
• As weather warmed, more helmets came off.  The first month after the repeal, 17% of motorcyclists were without helmets.  That rose to 22% in the second month.

AAA Spokeswoman Nancy Cain said that "the findings support what appears self-evident -- a helmet can in some cases protect riders, or lessen injuries."  Even though it is not against the law to not wear a helmet, it is safer to wear one when riding on a motorcycle.  Deciding not to wear a helmet greatly increases the risk of injury and death and riders should think twice when making their decision about whether or not they are going to put on a helmet today.

 

Teen Gets Prison Time for Texting-While-Driving Accident

For many of us, texting has become the new talking.  We find it difficult to step away from our phones for more than a few moments before coming back to see if someone has messaged us or to check the score of the Tigers game.  But there are times when this "new talking" should not take place.


On Wednesday June 6th, Aaron Deveau of Haverhill, Massachusetts was sentenced to 2.5 years in prison with 1 year to serve after he was found guilty of motor vehicle homicide and negligent operation while texting on his cell phone.


In the crash that took place in February of 2011, Deveau swerved into oncoming traffic and struck the vehicle of fifty-five year old Donald Bowley Jr., killing Bowley and seriously injuring his girlfriend Luz Rowan.  Bowley did not die on impact but passed away 18 days after the accident from injuries that he suffered from in the crash.


National Public Radio (NPR) reported that Deveau "was among the first people convicted under a law that took effect in September 2010 that created the criminal charge of texting while driving negligently and causing injury."  Back in September, Massachusetts was the 30th state to make a law banning texting while driving.


The sentence of Deveau sends a message not only to him but to all teens and adults using phones while driving.  Even if it isn't illegal in your state, you should not use your phone while operating a vehicle.  Of course, "it won't happen to you," you're only going to quickly read the text that you're friend just sent you about the movie tonight, but just like Deveau, sometimes it's out of your hands and things go wrong.

Happy Memorial Day.  We honor all Veterans today but are especially mindful of Gary Lillie who died last August 4 when he was struck and killed by an vehicle while walking on Marshall Road, Scio Township, Michigan, near his home.  See Ann Arbor News Article that appeared in Sunday's paper:   http://www.annarbor.com/news/gary-lillie-remembered-for-his-kindness-generosity-in-wake-of-fatal-crash/

Speed Limits on Ann Arbor's Main Roads

Ann Arbor needs to re-assess posted speed limits on it's main roads.  In 2006, the Michigan Legislature passed Public Law 85 which revised the Michigan Vehicle Code.  This law created a new method under which city officials determine the safest and most accurate speed limits along main roads.  It is based on using a sliding scale of access points (driveways and intersections).


In addition, the State of Michigan has previously adopted the State Police Uniform Traffic Code which in conjunction with Public Law 85 helps to establish how the state determines what speed limits to post and where.  This code identifies that the safest speed limit to post is one which occurs at the 85th percentile traffic speed.  This percentile establishes the majority of people (85%) as legal so that police can focus their enforcement on the small majority who are speeding.


As James C. Walker wrote in his recent op-ed at AnnArbor.com, "The Ann Arbor City Council and Project Management Department do not follow either method under state law."  Walker notes that instead the city is posting unrealistically low speed limits, not taking into account the State Police Uniform Traffic Code or Public Law 85.  Since 2006 when Public Law 85 was adopted the city has done nothing to change its main road speed limits and should be held accountable.  This non-compliance results in speed limits that can be unsafe to all drivers and cause many different types of accidents.

Ending Distracted Driving

Help EndDD.org and Commit to Ending Distracted Driving Year Long

• "One text or call could wreck it all." Four million crashes per year in North America are caused by driver distraction.

• Faces of Distracted Driving: Casey Feldman Age 21. Produced by her father, attorney Joel Feldman 
  • Casey Feldman Video

Promoting Life and Preserving Safety

• The core mission of EndDD.org (End Distracted Driving) is to preserve life and promote safety on a on a large scale through advocacy, education, and action to eliminate distracted driving.  EndDD.org is sponsored by the Casey Feldman Foundation, which was established by attorney Joel Feldman, in memory of his daughter, who was killed by a distracted driver in 2009 when she was 21 years old.

Shocking Statistics About Distracted Driving

• 80% of all collisions and 65% of near-crashes are caused by some form of driver inattention
• Cell phone use is attributed to 18% of fatalities in distraction-related crashes. Talking on a cell phone makes a driver 4 times more likely to have a crash or near-crash event. 
• Texting slows driver reaction time even more than alcohol.

 Distracted Driving Videos Demonstrate This Far Reaching Issue

• Employers: Are your employees distracted drivers?  Watch this video taken by a bus passenger using his cell phone.  STO Gatineau Bus Driver
• Not only teenagers are distracted drivers.  Lisa Mendiola Chapa describes her sister Anna, an adult texting-while-driving, who left behind adult children and a new grandchild.  Sister of Texting While Driving Victim Supports McAllen Ban

Dram Shop Lawsuits in Michigan

Michigan businesses that serve alcohol are subject to liability if they serve a minor or a visibly intoxicated person and then that person causes property damage, personal injury, or wrongful death of another.  Lawsuits for this cause of action must be brought within 2 years of when the damages, injury, or death occurs.  Both the bar and the person causing the damage must be named as Defendants in the lawsuit.  Most often these cases are brought when a drunk driver causes an accident after being over-served at a Michigan bar or restaurant.  These lawsuits are called Dram Shop cases because a "dram" is a Old English word meaning a small shot of an intoxicating liquor like brandy.

Reasons to Hire An Attorney for Your Auto Accident

Driver's Training Should Become Mandatory

State legislators in Michigan and elsewhere should revisit the concept of graduated licensing for young drivers.  The intent is to limit when, where and with whom drivers younger than 18 can drive, to ease them into the responsibilities, art and science of operating a vehicle and to keep them and the people around them safe. But a new report from the Journal of the American Medical Association shows disturbing unintended consequence.


Graduated licensing has indeed reduced fatalities for drivers in the 16 to 17 age group. But that appears due, in part, to teens in that age group putting off driver training and licensing until they turn 18 and don't need to meet all the requirements of those a year or two younger. And that, in turn, appears to be responsible for a spike in fatalities for drivers when they turn 18 and take to the road with less training and sometimes none at all.


Licensing at age 18 with no training is permitted in most states, the study's lead author said. Michigan appears to be among them. "I was actually bummed by my own findings--to find out we're offsetting the benefits" in young drivers so much, said author Scott Masten. "It was quite unexpected.


The net impact is that graduated licensing appears to be a lifesaver, with more lives saved among 16-year-olds than lost among 18-year-olds. And fatality rates for 17- and 19-year olds? Not affected. Other studies corroborate the JAMA report. In one nationwide survey, about a quarter of people who were 18 and hadn't obtained a license cited the licensing requirements as a reason.


It tells us, as it tells the study's authors, that state legislators should take a look at the statistics in their own states. Where there are no requirements for driver training for anyone getting a first license, we think they should be added.


--Courtesy of The Oakland Press

No-Fault Benefits Available in Michigan

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

(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 (for the first 3 years after);

(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).

Oftentimes, Insurance Company Adjusters don’t fully explain all the benefits that injured persons are entitled to and insurance contracts are often very confusing to read and understand.  It is important to contact an attorney after the accident to make certain you are asking for, and receiving, all the benefits that the law entitles you to collect to aid in your recovery from the accident.  

Pedestrian Safety in Traffic Circles

Michigan drivers are facing new driving challenges presented by traffic circles.  More and more Michigan communities are installing traffic circles to decrease perpendicular (T-Bone) type accidents and thereby decrease serious injuries at intersections.  While drivers adjust to where and when to yield to other cars in traffic circles they also need to be keenly aware of pedestrians trying to navigate traffic circle sidewalks.  City and State officials have been attempting to educate drivers to proceed slowly and be aware that the law requires automobiles yield to all pedestrian traffic prior to entering the traffic circle and before exiting the traffic circle.