Are Ann Arbor Pedestrians Safe from being Struck By Automobiles?

Persistent and heated is the debate about Ann Arbor's Crosswalk Law.  Most recently, after the city council voted 6-4 to repeal the ordinance that was put into place in 2011, Mayor Heiftje used his veto power to null the vote.

In its current state, the Ann Arbor City, requires vehicles to stop at a crosswalk if someone is "in the crosswalk" or "waiting at the curb."  The 6-4 vote would have repealed the second part of this law, reverting it back to requiring vehicles only to stop if someone is in the crosswalk. The city council can override Mayor Heiftje's veto with 8 votes but it is unlikely that this will happen; four city council members strongly agree with Mayor Heiftje.

An article on MLive two weeks ago quotes the Mayor as saying "I don't think this is the time for us to be tweaking this ordinance.  I think the city is safer now for pedestrians than it was before.  I think a great deal of progress has been made." The changes made in the law two years ago increase safety for pedestrians. The wording requires vehicles in Ann Arbor to stop more frequently and requires them to be more aware of pedestrians on sidewalks.  It is an ordinance that shifts the focus to be more inclusive of pedestrians.  

Some argue that the ordinance, the way it is worded now, means that drivers have to guess the intent of a pedestrian standing at the curb; however, there should be no guessing involved.  If someone is at the curb then a driver must yield.  If that same person does not cross the crosswalk or walks away from it then the driver can proceed.  But despite all the disagreement, one thing that everyone can agree on is that Ann Arbor can use more education, enforcement, and engineering around crosswalks to avoid the tragic pedestrian deaths that have occurred frequently in the past three years.

Beware of Dangers posed by Numerous Drunk Drivers on Thanksgiving Weekend

Although Thanksgiving weekend is thought of as a special family time, it is statistically the most dangerous holiday weekend due to the high volume of people on the road and 4-day-length of overindulgence that always begins on a Thursday.  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 (BAC) per 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 a safe driver and do all you can to prevent a serious auto accident or death related to drunk driving!

Bike lanes on the rise on Michigan

"Bicyclists have a right to be on the road."  This comes from Josh DeBruyn during a recent interview on Michigan public radio, where the bike and pedestrian coordinator for Michigan Department of Transportation explained the rise in bike lanes.  He says that according to state and national laws, bikes are as much a part of the road as motor vehicles.

Recent additions to the number of bike lanes in numerous cities across the state, including Detroit and Grand Rapids, have drivers of motor vehicles anxious and angry about bicyclists.  It is a two-way road; while bicyclists must follow the same road laws that a car must follow, cars have to allow bicyclists the proper space and attention.  DeBruyn says that the two biggest mistakes cars make are not giving enough space when passing a bike and cutting in front of bicyclists.

The data is premature on whether or not bike lanes decrease accidents.  Nevertheless, there is no doubt that both motorists and bicyclists must follow road laws no matter the circumstance, it will reduce accidents and boost vehicle cooperation.

 

Proposed Crosswalk City Advisory Committee

 

Following the death of Sharita Williams in August who passed away from injuries sustained when she was hit by a car on Plymouth road, the city of Ann Arbor and its residents have raised concerns about the efficacy of crosswalks and their notification systems.  Two different Ann Arbor city council members are proposing a City Advisory Committee.  The committee would spend six to nine months studying crosswalks, ways to make them safer, and ideas to make vehicles more aware of their existence.

A recent article in the Ann Arbor News highlights the current debate about keeping or getting rid of the recent changes to the crosswalk law.  Those against the changes argue that the new wording confuses drivers, puts pressure on them, and causes automobile accidents.  However; those who are in favor of the change suggest that it ensures the safety of children and people with disabilities.

The new wording, enacted in Ann Arbor two years ago, requires cars to stop when a pedestrian is at the crosswalk, it does not matter if the pedestrian is stepping off the curb or waiting at the curb.

The proposed City Advisory Committee would be a group of city officials as well as city residents who are interested in the matter.  Those citizens who wish to take part in the committee can download the standard application form for city boards from the city clerk's website.

Included in those who favor keeping the new wording is The Washtenaw Bicycling and Walking Coalition.  According to the Ann Arbor News article, they have "launched a petition urging the City Council not to repeal the ordinance."  

This coalition has also recorded and produced facts about the effectiveness of the new ordinance. The WBWC claims that after observing a crosswalk on Plymouth road, they claim that in 2010, cars stopped 1.7 percent of the time, 9.5 percent in 2011, and 63.5 in 2012.  These figures cover the time period before and after the city ordinance was passed and put into place.  These facts cannot be ignored.  There is always more that can be done, but these statistics shed light on how far the city has come since revising the language of the local crosswalk law.

Does Your Auto Insurance Policy Fully Protect You and Your Family?

Across the country, auto insurance premiums are up 23% over the last five years for the average driver.  A 40-year-old-male typically pays between $1,510 to $2,700 per year in premiums.  Due to these increased costs you may be thinking of ways to reduce your annual premium costs; however,  be careful not to cut corners so much that you fail to protect yourself and/or your family.  In regards to policy liability limits, insurance analysts recommend at least $100,000 per person / $300,000 per incident.  The state of Michigan only requires drivers to get $20,000 in coverage but this is far too low to protect your assets from a personal injury lawsuit.  If your insurance policy limit does not cover all the pain and suffering damages awarded in a lawsuit then Michigan law allows the injured party to collect from your personal assets. 

                           

Additionally, be sure to have a policy that has Uninsured Motorist (UM) and Under-insured Motorist (UIM) riders to protect you and your family.  Studies show that one in seven drivers drive without any insurance coverage.  Oftentimes, these uninsured drivers get insurance for only a few months or weeks so they can get their state registration and then they allow their insurance to lapse and continue to drive uninsured for 10 months or more of the year.  With around 14% of drivers being uninsured, you really need to have UM and it is relatively inexpensive.  Additionally, many other drivers will get the minimum $20,000 liability coverage.  If you or your family member are seriously injured by a driver with inadequate limits and that driver also has no assets that can be collected against, then this can lead to serious damages being uncompensated.  It makes sense to also get the UIM coverage.  Insurance analyst recommend $100,000 per person and $300,000 per accident in UM / UIM coverage.  These insurance specialists find that these policy limits will cover additional damages in all but 5% of accidents.  

Crosswalk Safety and Distracted Driving

The recent incident in Ann Arbor, where a University of Michigan student was struck by a car while walking in a crosswalk on Plymouth road, has sparked new conversation about pedestrian safety. How much caution do flashing lights provide?  Is distracted driving more often than not the cause of fatal accidents? The disastrous accident in which Sharita Williams was killed is a clear reminder of two notable things: that pedestrians must always use caution when crossing streets and that distracted driving should be eliminated at all costs.

In the city of Ann Arbor, the crosswalk laws were re-worded two years ago.  A press release from the City of Ann Arbor explains that the prior ordinance required "a vehicle to stop for a pedestrian 'approaching or within' a marked crosswalk...." while the new ordinance requires "a vehicle to stop for a pedestrian standing 'at the curb' as well as 'within the crosswalk."  In addition, as an article from annarbor.com titled "Number of pedestrian-vehicle crashes up in Ann Arbor since adoption of crosswalk ordinance" states, the city's ordinance requires vehicles to stop for pedestrians standing at the curb, while the state's MichiganTraffic Code requires cars yield to pedestrians.  

While this changes the wording of the law, attempting to make it safer for pedestrians crossing the street, it is important for people to not let their guard down and to use caution.  There is no evidence yet to suggest that the change in wording has increased or decreased the number of pedestrian-vehicle crashes.  In the tragic case of Sharita Williams' death, just because there is a crosswalk and flashing lights to notify drivers, these efforts at improved safety are on no consequence if drivers are still distracted from their driving.  According to a recent article from annarbor.com the most dangerous intersection for walkers and bikers are in downtown Ann Arbor along Huron street; however, other places such as Plymouth Road can be very risky.

At all times, cautious pedestrians should be paired with safe, non-distracted drivers.  The incident on Plymouth Road is a reminder that even when the City takes action to prevent harmful accidents, people are still responsible for driving safely with as little distractions as possible.  Every added element that is not the steering wheel or gas peddle counts as a distraction.  Tracy Samilton from NPR says that even being late is an added distraction that impedes safe driving.

All of this means that crossing the street can be deadly, especially on busy streets such as Plymouth and Huron in Ann Arbor.  It also means that it is part pedestrian, part driver to ensure the safety of people in cross-walks. Driving distracted is risky and unsafe.  Walking and talking on a cell phone, listening to music, or texting while walking can also be a major distraction for pedestrians who need to be alert, free of distractions, and always cautious when crossing streets. 

Bicycle Safety

All too often, bicyclists and motorcyclists do not wear helmets.  The recent change to the Michigan Motorcycle Law, which now allows motorcyclists to choose for the themselves if they want to wear a helmet, has only increased the community's acceptance of helmet-less riders being simply an expression of freedom of choice.  But what riders forget is that there are many elements out of their own control.

According to the National Highway Traffic Safety Administration, 677 bicyclists died in 2011 in the United States.  Wearing a helmet can significantly reduce this number, as can other precautions.  When a bike is on the road, it is considered by law to be a moving vehicle.  As suggested by the Michigan Department of State, this means that there are a number of measures a rider should take:

• Always ride with other vehicles (contrary to walking or running on a road.)
• Obey the rules of the road as any other vehicle operator; this means stop at stop signs and lights and use hand signals to indicate turns
• Wear a helmet and reflective clothing
• Yield to pedestrians
• Never ride drunk or distracted
• Ride as far to the right as possible
• Attach a red and white reflector when riding at night

Following these suggestions does not guarantee the absence of an accident; however, the precautions are proven to decrease the risk of a fatality.  If no other measures are taken, at least, wear a helmet.

Jackson County's Most Dangerous Intersections

The Michigan State Police Office of Highway Safety Planning identifies Jackson County's most dangerous intersections.  Unfortunately, between 2003 and 2007, the intersection of West and West Michigan Avenues was the county's most accident prone area; it was home to 139 crashes according to an MLive article.

Provocatively, even though this and a few other intersections in Jackson County see a frequent number of crashes, the accidents are rarely serious.  Because 18,200 vehicles flow daily on West Michigan Avenue, across West Avenue, John Holda, Jackson County's Police Deputy Chief, says that the high volume of traffic causes the accidents.

Next, the intersection of N. West Avenue and West North Street has the second highest number of crashes, at 135.  However, just because an intersection has a high number of crashes, does not mean that it needs to be re-engineered.  Often, these intersections are engineered correctly, but it is the volume of cars traveling through them which raises the probability of an accident.

This data suggests that in order to avoid an accident, avoid these two intersections all together.  Secondly, if you must travel through these intersections, do so with more caution than you otherwise would.

Kline Legal Group Has Moved!

Kline Legal Group has moved to a new location.  We hope that this new space will more fully meet our client's needs for conducting mediation sessions, arbitrations, settlement meetings and attorney-client conferences.  Located just West of Ann Arbor off of Jackson road, the new office location is:

483 Little Lake Drive, Suite 200

Ann Arbor, MI  48103

(734) 302-7274

(734) 302-7222 Fax

Please click here for a map to our new location.

If you should have any questions or concerns, please do not hesitate to contact our new office.  We look forward to working with you in this new setting and continuing to provide exceptional legal services.

Washtenaw County’s Most Dangerous Intersections For Auto Accidents

 

The Washtenaw Area Transportation Study has recently compiled a list of the County’s most dangerous intersections based on MichiganState Police crash data.  These intersections have very high volumes of traffic. Washtenaw County Road Commissioner, Roy Townsend, said that the study will help determine which intersections may need safety improvements.  Additionally, Townsend said that with high volumes come delays.  With delays people at these intersections take more chances and, thus, there are more auto accidents.  The County Road Commission is continuing to evaluate these dangerous intersections for additions of safety features such as additional turn lanes, relocation of driveways and, in some instances, building roundabouts.

The transportation study used two factors to determine the ranking:  total crashes at the intersection and the accident rate per million cars.  The top ten are as follows: 

1. West Michigan and Capenter Roads (total crashes 113 / year & 2.7 per mill.).
2. Washtenaw Avenue and Golfside Drive (total crashes 119 / year & 2.6 per mill.).
3. Carpenter Road and Packard Road (total crashes 114 / year & 2.0 per mill.).
4. Jackson Road and S. Zeeb Road (total crashes 78 / year & 2.1 per mill).
5. Platt Road and Michigan Avenue (total crashes 78 / year & 1.9 per mill).
6. Washtenaw Ave and N. Hewitt Road (total crashes 81 / year & 1.7 per mill).
7. West Michigan and South Huron Street (total crashes 74 / year & 1.9 per mill).
8. Washtenaw Ave and Carpenter Road (total crashes 135 / year & 1.6 per mill).
9. Ann Arbor-Saline Rd. and Lohr Road (total crashes 57 / year & 2.3 per mill).
10. West Michigan and S. Hamilton Street (total crashes 64 / year & 2.0 per mill).

Insurance, Medical, Law-Enforcement and Non-Profit Groups Urge Lawmakers to Repeal the Law that Allows Michigan Motorcyclist to Ride Without a Helmet

About a year ago, April 2012, Governor Snyder signed the law allowing motorcycle drivers to choose to ride without a helmet in Michigan if certain insurance, training, and age requirements were met.  Results of a recently released study by the University of Michigan reveal that the fatality rate for helmet-less riders in crashes was nearly three times higher than for those wearing helmets.  Further, the study concluded that there would have been 26 fewer deaths and 49 fewer serious injuries in Michigan last year had the helmet requirement still been in place.  A total of fifty-five helmet-less riders died in 2012 and 194 were seriously injured.  A coalition including Michigan Health & Hospital Association, the Michigan State Medical Society, Michigan Nurses Association, Michigan Association of Chiefs of Police, the Michigan Sheriff’s Association, AAA Michigan, Allstate, Prudential, State Farm, Nationwide Insurance, the Brain Injury Association of Michigan, and other non-profit advocacy groups is requesting that state legislators and the Governor restore Michigan’s mandatory motorcycle helmet law in order tosave lives and avoid serious injuries that can be prevented.   

What to Do If You Are First At the Scene of an Automobile Crash

Retired Ann Arbor Police Detective Rich Kinsey recently wrote an article with steps to follow if you are first at the scene of a serious automobile accident.  http://www.annarbor.com/news/first-on-the-scene-of-a-serious-crash/   

Officer Rich Kinsey recommends the following:

(1). Keep yourself safe and park your car well off the roadway with emergency flashes on (far enough that if there is an explosion your car won’t be involved);

(2). Stay in your car and gather yourself so that your judgment is not clouded by your natural Adrenaline rush;

(3). Call 911 and be prepared to give location and description of the accident scene you can see;

(4). Before getting out of your car look for secondary threats such as oncoming traffic, traffic from behind, and downed electrical wires.  Check your mirrors before opening your car doors;

(5). As you approach the crash look for things like fire or ruptured fuel tanks;

(6). Look for injured victims and know your own first-aid capabilities and limitations;

(7). Speak to injured victims in the calmest, lowest, slowest voice possible telling them to not move and that ”help is on the way.”  Calm the victim by asking the victim questions like "is anyone else in the vehicle."  Or ask them their name, age, and other general information about themselves that may be helpful to emergency personnel.  

(8). Be on the look-out for the walking wounded, drunks, and drugged people that may wander out into traffic. Get them to sit down and stay still until emergency responders arrive on the scene;

(9). Call 911 back and update the dispatcher on what  you have found at the scene;

(10). When the police arrive give them your name and contact information and leave the scene when they tell you may leave;

(11). Take care of yourself realizing that you may have trouble sleeping, eating or thinking about the incident.  Talk to a crisis counselor if you continue to experience post-accident issues.       

Washtenaw County Auto Crashes Increase in 2012

A Michigan State Police report released on March 18, 2013 indicates that auto accidents in Washtenaw County went up by about 3 percent in 2012 compared to the previous year.  There were 10,007 auto accidents in 2012 compared to 9,715 in 2011.  Twenty-three persons died in 22 crashes in the county in 2012.  Despite there being an increase in the total number of crashes, there was actually a decrease in auto accident deaths from the previous year.  There were 35 people in Washtenaw County who lost their lives in 2011 compared to the 23 persons who died in 2012.

The total number of traffic fatalities in the entire state increased by 5 percent in 2012 compared with 2011.   Interestingly, the Michigan State Police report noted that teen fatalities in auto accidents in the state decreased by 14 percent, from 99 in 2011 to 85 in 2012.  Additionally, cell-phone involved accidents decreased 9 percent, from 821 in 2011 to 748 in 2012; however, cell-phone-involved fatal crashes increased from 6 in 2011 to 8 in 2012.  

With the repeal of Michigan's helmet law, it is not surprising that the number of motorcycle deaths increased by 18 percent across the state in 2012.  Pedestrians killed by automobiles decreased 5 percent, from 140 in 2011 to 133 in 2012. 

Michigan Senate Passes Bill That Would Allow Self-Driving Cars on Michigan Roads

In an effort to remain a state leader in the auto industry, the Michigan Senate passed Senate Bill 169 this week that, if the Michigan House also passes the bill, would allow manufacturers to test self-driving cars on Michigan  public roads.  Florida, Nevada, and California have already passed similar laws.  The Michigan Bill requires that a human operator be present in the self-driving car to assume control in case of an emergency.   Governor Synder, during his recent State of the State speech, challenged the Legislature to pass an autonomous driving law to allow Michigan to retain its claim as the "automotive capitol of the world." Legislators believe that this Bill will get some minor tweaking in the House and then be sent to the Governor's desk for signing into law by the end of March. 

Some manufacturers believe that because crash avoidance technology has progressed so rapidly that there could be self-driving cars that will be ready for the public marketplace and public roadways within only a few years rather than being decades away.  If this is true then the Legislators should begin working on new legislation that will decide who becomes liable for damages caused by self-driving cars that do not avoid a crash and injure passengers or occupants of other vehicles. Additionally, the Legislature needs to come up with modifications to the No-Fault law for the division of responsibilities between insurance companies when two or more autonomous vehicles collide due to technical malfunctions or human error in programming the self-driving cars.  Technology experts speak about a future where the slow adopter of technology that still utilizes a human driver could be the most dangerous and unpredictable vehicle on the road.   These slow adopters may have to pay more for insurance just for the privilege of driving his / her own car.  Americans' stubborn independence and love-of-driving may be what slows this future prediction of highways full of autonomous driving vehicles.  

Dangerous Stretch of I-94, East of Jackson

For years, travelers and others along I-94 in southeastern Michigan have been pushing for construction on the freeway around the intersection of I-94 and Kalmbach road.  Going east from Jackson, the freeway makes a hard right, only to immediately turn back.  Ideally, it would be straightened out such that  the dangerous curve, past Kalmbach road east of Jackson, would be eliminated.

An investigation began in 2004 which concluded that this stretch had the second-highest number of auto accidents in Washtenaw County from 2005-2007.  In an article on Mlive.com, 48,5000 cars traveled per day on this section of I-94 near Kalmbach road during the study period. According to the Washtenaw Area Transportation Study, in 2007 there were 87 crashes, in 2006, 57 wrecks, and in 2005, 68.

The state hesitates to fix this section of road because it has limited money to undertake such projects.  If there is no identified money that can be used to fix a problem like this, then the state will not initiate a study to determine what needs to be done to realign the section of freeway.  If there are no future plans to change this stretch of highway then travelers should use caution and slow down when driving around I-94 east of Jackson, because statistically, this section in southeastern Michigan is one of the most accident-prone.

Reconsidering the Legal Driving Level of Blood Alcohol Content

A law is currently being considered in the Michigan House of Representatives that would keep the blood alcohol content level at .08 instead of raising it to .1. In 2003, a law was passed which decreased the legal driving level of blood alcohol content (BAC) to .08, but that is set to expired on October 1st, 2013.

The negotiating process started today, February 13th, in the House Criminal Justice Committee.  Supporters of the bill, argue that the lower BAC threshold has been an important reason why drinking and driving deaths and injuring auto accidents have significantly decreased in the State of Michigan.

Failing to pass the bill would also result in the Michigan Department of Transportation losing an estimated $50 million an article on Mlive stated. Under the 2003 bill, the federal government promised money to states in exchange for their moving the legal limit to .08. Michigan already struggles to repair its roads and highways.  However, more important than money are lives saved.  Today Mothers Against Dunk Driving and others are advocating for the .08 BAC level to remain where it is.  Follow this link to the State of Michigan's webpage which outlines the current substance abuse policy. 

New Michigan Law On Driving While Intoxicated on Prescription Drugs

In the flurry of end-of-year activity and the heightened media coverage of the passage of the Right-to-Work Legislation in December 2012, the Michigan Legislature also passed Public Act 543 with the intention to “close the loop” of driving under the influence laws so that substances other than alcohol were also included, such as marijuana.  The Law was signed on January 2, 2013 by Governor Synder and becomes effective on March 31, 2013.   Although the Legislation may have been well intended, Public Act 543 may need reconsideration and modification to address serious concerns brought up by both the legal and medical professions.  Many attorneys are concerned that the Law’s definition of “intoxicating substance” is so broad that the general public will be unable to determine what drugs would cause a person to be potentially liable for “driving under the influence” and subject to arrest.   According to the Law, “intoxicating substance” refers to any substance or preparation listed as a drug in The Official United States Pharmacopeia, The Official Homeopathic Pharmacopoeia of the United States or The Official National Formulary.  The Law also defines an intoxicating substance as “a substance, other than food, that is used in a manner or for a purpose for which it was not intended, and that may result in a condition of intoxication.”

“The use of specific publications to define a criminal offense creates a serious problem when citizens do not have access to the publications and when the publications change frequently.  It leaves the drivers of Michigan in between a rock and a hard spot.  Either they spend a significant amount of money each year to have access to the publications or they roll the dice and risk being charged with a criminal offense” says attorney Joshua M. Covert.

Doctors are also concerned that the Law’s definition of “intoxicating” substances includes almost all of the medications prescribed for behavioral health patients, high blood pressure medications, antihistamines, decongestants and many other commonly prescribed medications which physicians did not fathom would be included under the Law.  For example, people with allergies could potentially be “under the influence” of an” intoxicating substance” if they take a Sudafed to stop their nose from running and then decide to drive.   Physician groups are disappointed that neither the Michigan Legislature nor the Governor’s Office consulted with medical professional groups to consider the full impact of the Law.  Many Physician groups are now contacting the Michigan Department of Community Health to create a response to the legislation because of its perceived disastrous potential impact on the public.

The Full text of the Law can be seen at:  http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0543.pdf

Obviously, this new Law was designed to protect the public from dangerous drivers who make poor choices in regards to the use of intoxicating substances; however, it appears that a better balance can be accomplished by more concise legislative drafting to protect  both Michigan drivers from being seriously injured by dangerously intoxicated persons and avoid restricting a large segment of the population from ever driving when taking necessary physician prescribed medications.  

Please contact your State Representative or Senator to share your concerns and / or comments regarding Public Act 543. 

Achieving a Fair Value for Your “Totaled” Car

Adjusters often try to persuade their insurance clients into accepting less than they are entitled. Adjusters will use tactics such as discounting the value of certain options and then threatening to take the entire matter to arbitration when the client disagrees with the valuation. Most insurance contracts do contain an arbitration clause that mandate binding arbitration when there are disagreements as to value. Some insurance adjusters try to scare their own clients into accepting the lower valuation by stating that if the disagreement goes to arbitration, the client will have to pay more in arbitration costs, expert appraiser fees, and attorney costs than the difference in the disputed value. You can increase the valuation amount by using Internet resources to serve as the basis for your value arguments. KellyBlue Book and the National Automobile Dealers Association (NADA) websites are easy to use and will allow you to select the model, make, year, and options to generate a fair value. Insurance adjusters often feel that the Kelly Blue Book values are too high and aimed at the consumer market (classified ads) rather than the car dealer’s market. Adjusters generally believe the NADA values are more accurate since it is more likely that a replacement vehicle with identical options would be found at a car dealership rather than through the classified ads. However, insurance adjusters don’t account for dealer mark-ups that get tacked on to the trade-in-values taken from NADA. You can also search the Internet for a car dealer ad for a similar car and use the ad prices as an additional basis for your increased value argument. You also should insist that sales tax is added to the final valuation amount since this is a cost that you will have to bear when you purchase a replacement vehicle. Sometimes these valuation strategies are not enough and an attorney should intervene in order to cut or reverse the intimidation and games that some insurance adjusters play.

Governor Signs Kelsey's Law Banning Cell Phone Use for Level 1 & 2 Teenage Drivers

On Tuesday, January 8, 2013, Governor Rick Synder signed a new legislative act that has been named "Kelsey's Law."  The law prohibits all new drivers on their probationary licenses from talking on their phone while driving.  Violation of the law by teenagers will be a civil infraction that could cause a young driver an extension of their probationary license period.  The law applies to all Level 1 license holders that can only drive with a parent, guardian, or person over 21 years old.  The law also applies to Level 2 drivers that are allowed to drive with limits such as restricted hours of driving and transporting other young passengers.   Kelsey's law, Senate Bill 756, will take effect in late March 2013.

The law was named in the memory of Kelsey Raffaele, a Sault Ste. Marie teenager, who died in January 2010 when she caused a serious auto accident while talking on her cellphone and trying to pass another vehicle on a two-lane highway.  Kelsey's surviving mother, father, and twin sister, Courtney, were present at the Governor's signing ceremony in Lansing.  Kelsey's sister Courtney had lobbied members of the State House and Senate to get Kelsey's law passed into law.  Kelsey's mother, Bonnie Raffaele, stated after the law's signing ceremony "I know that Kelsey is up in heaven just clapping and screaming for joy over this because of the lives that can be saved through (her) tragic death."

A Car's Crash Data Retrieval Module Can Provide Valuable Evidence for an Auto Accident Trial

Most people don't realize that many newer makes and models of automobiles contain a Crash Data Retrieval (CDR) tool as part of the airbag control module.   Even if the airbag does not deploy, the CDR records data once it is "activated" by a sudden change in direction, sudden rotations, or hard braking that often occur just prior to an accident.  The CDR makes an electronic record of important data like speed, braking, steering angle, order of impact, seat belt use, presence of an occupant, and impact severity (change in velocity / delta v forces) in the few seconds before the crash.  Different car makes and models record different amounts of data and different number of "events."  This electronic data can be retrieved by an expert technologist and the data is often used by law enforcement officers, accident reconstructionist, government researchers, insurance adjusters, and attorneys.  It is very important that your attorney has the experience and knowledge of how to preserve this information for a trial or negotiations with insurance companies.