Examination of Issues related to Michigan Auto Accidents, Michigan Auto No-Fault Law, Insurance Coverage, Recovery from Auto Accident Injuries, and Safety
Saturday, December 6, 2014
Why Do Newer Model Cars Need Headlight Safety Systems to Keep Pedestrians Safe?
During the last decade the auto industry has made major changes in headlight technology as it has shifted away from reflector type headlights with separate high and low beam bulbs. Today's cars are mostly equipped with projector type headlights that use one intense light source that utilizes a shade to cut off the upper portion of the beam when on "low beams." A "dark curtain" effect is the result of this technology. This means that there is a cut-off of all light above the center of the projector light source when on low beams so, to the driver, it appears that there is a dark curtain just above mid-center of the windshield. Many drivers feel that they cannot see pedestrians or signs as well on dark nights in newer vehicles. Obviously, one cannot use high beams all the time when driving in well traveled areas and as a result more pedestrians are endangered by the projector light technology because the light is directed at the ground at 100 feet in front of the moving car.
Instead of admitting that the projector headlight technology has serious safety concerns that would require massive recalls, the auto industry is developing so called "improved technology" so as not to admit liability. Below is a link to a news report that contains videos that dramatically demonstrate how poorly the projector headlight technology works on it own without major safety supplementation that are currently illegal (i.e. dynamic light spot light systems are illegal in the United States and it is only offered on luxury brand vehicles in Europe).
This begs the question, why not just go back to reflector type headlights that allow more light to illuminate objects in the road above the the center of the light source and protect more pedestrians from serious injury or death?
WTKR News Channel 3 Report on Headlight Safety
Sunday, October 26, 2014
Highway Lane Closures - Do You Merge at the Last Opportunity or Do You Merge as Soon as You Can After Seeing the Sign?
Many people would argue that drivers that merge at the
last opportunity before the lane closure are committing a “Jerk Merge;” however, writer Tom Vanderbilt would
disagree. Vanderbilt’s book
entitled: Traffic: Why We Drive the
Way We Do (and What it Says About Us), argues that if drivers did not leave
the soon-to-be-closed-lane until the very point that it actually closed then
there would be an orderly and alternating merge that would be as much as 15%
faster. Furthermore, he argues that the
queue of vehicles stretching back from the closed-lane-construction-site would be
smaller.
What do you think Michigan Drivers? Is the last-opportunity-merge a better option for Michigan Road Construction sites and does it offer any safety advantages?
Sunday, September 7, 2014
Do Your New Projector-Type Headlights Fail to Provide Adequate Light On Dark & Undulating Roads?
Do you have a newer model car with headlights that fail to
safely illuminate the road? Do you
experience what appears to be a black curtain painted across the upper half of
your windshield? Do you find that you
can’t see road signs above a certain height or that when you turn into an unlit
driveway you cannot see where you are turning? Have you noticed that oncoming cars
frequently flash their lights at you and you’re momentarily blinded by an
intense light glare?
Many newer model cars today are being made with projector
headlights. These projector headlights are different than older models’ standard
headlights that had separate high beam and low beam light sources. Projector headlights are lit by a single filament
at one focus of an ellipsoidal reflector with a condenser lens in front of the
lamp. Between the reflector and the lens there is a shade that provides a cutoff
of all light above the center of the light bulb so that, theoretically, the low
beams will not blind on-coming drivers with the intense high beam. The shape and
sharpness of the cutoff is determined by the shade’s position in the optical
system and the shape of the shade’s edge. When the driver turns on the
projector’s high beam, the shade is lifted up and removed allowing all the
intense light to escape without any cutoff. The high beam from a projector headlight is a
very bright and produces a strong glare that can be blinding to oncoming drivers.
Many drivers are now noticing that one significant problem
with projector headlights on the low beam setting is that the cut-off line of the light moves when the car hits bumps in the road, accelerates, decelerates,
and when climbing or going down a slope in the road. Frequently, drivers now see what appears to
be oncoming cars with projector headlights “quickly flashing their brights;” however, in reality the
on-coming car has only hit a bump in the road surface causing the cut-off of light to
momentarily shift upward exposing a bright burst of the high intensity
light. This apparent flashing of the
high beams can be really annoying; however, a greater safety concern is that the
projector headlights’ cut-off of light moves when the car is going up or down a slope or
carrying a heavy load in the back of the vehicle. While going down a slope the projector’s cut-off of light shifts downward and the headlight’s beam distance is significantly diminished out in front of the car (headlights appear
to be driven down into the road surface).
Obviously, this creates a safety issue because the driver cannot see
pedestrians and animals out in front of the car to allow adequate and safe
stopping distances. Additionally, road
safety signs cannot be read on undulating roads because they are not illuminated
since the beam of light is being driven down on the down-slopes. Likewise, when a driver is
driving up a grade the projector’s cut-off of light shifts up further than it would on a
flat road and more of the high beam intense light is unintentionally directed
into the eyes of oncoming traffic. Both
of these two unintended consequences of projector headlights can lead to extremely dangerous driving conditions for drivers on Michigan roads and freeways.
If you are currently driving an automobile with projector
headlights, have you experience problems with the headlights? Please
let us know about your experiences and concerns.
Wednesday, July 2, 2014
Do Crosswalk Countdown Timers Make Intersections More Dangerous?
A recent study by University of Calgary economists Arvind
Magesan and Sacha Kapoor investigated the effects of the city of Toronto
installing crosswalk-count-down timer lights at 1,800 intersections. The timers did lower the number of accidents
involving pedestrians; however, the study indicates that the timers actually increased collisions
between cars. The increase in car
accidents was due to the fact that the timers are visible to both pedestrians
and automobiles approaching the intersections and there were more rear-end
accidents caused by the approaching motorist speeding up to get through the
intersections. Intersections that had
been previously considered "safe intersections" became more dangerous
for motorists. The study found that at
busy congested intersections the traffic is moving too slowly for motorist to
accelerate through the intersection based on the count-down-timer; however, at less busy intersections when there is only one or
two cars ahead of the motorist viewing the count-down clock, that trailing motorist would speed up during the last few seconds making rear-end collisions
more prevalent.
In their conclusion, the study’s authors suggest that the
cross-walk timers should be redesigned to give only an audio countdown so that
approaching automobiles cannot see or hear how much time is left to get through
the intersection but pedestrians can continue to benefit from the increased
safety of knowing how much time there is to get across the street safely.
The cities of Ann Arbor, Jackson, Kalamazoo, Battle Creek,and Brighton, Michigan have installed these types of countdown timers to increase pedestrian safety. Perhaps these Michigan cities should rethink and redesign
their count-down cross-walk timers to keep all users of city intersections
safe.
Wednesday, June 18, 2014
Should Pedestrian Injuries and Fatalities Be A Warning That Requires Fixing the Design of Intersections?
For the past 20 years, Sweden has been building
intersections and transportation systems that try to achieve an annual goal of
reaching zero pedestrian deaths throughout the country. They named this 1997 Legislative initiative
“Vision Zero.” The Swedes have narrowed
city streets, lowered speed limits, and built intersections that prioritize
pedestrian safety. Additionally, Swedes
have changed their mind-set and they view collisions between pedestrians and
vehicles as not a punishable event for the driver but as a warning that a fix
is required and an investigation must be launched to find safer designs (a
differently timed light, a better lit intersection… ect.).
New York and San Francisco have
recently adopted the “Vision Zero” concept and they are prioritizing pedestrian
safety. Studies have shown that speed isthe biggest difference between life and death when a pedestrian is hit by acar. A ten percent increase in the speed
a car hits a pedestrian increases the likelihood of death by 45%. So if a driver is going 20 m.p.h. upon
impact, the pedestrian has an 85% chance of survival. If that same car is going 40 m.p.h., the
survival chance drops to 5%. New York , San Francisco, Ann Arbor, Kalamazoo, Grand Rapids and many other U.S. cities have been attempting to slow down city traffic by
giving 4 lanes roads a “road diet” and making it a three lane road with a middle turn lane. Additionally, cities have been using speed
bumps before intersections, pedestrian bridges, raised cross-walks to make pedestrians
more visible, and extending curbs so drivers approaching the intersection
perceive a narrower street and slow down.
Bump outs mid-block are also used to slow down traffic. These bump outs are called “chicanes.” Cities have also use flashing lights at
cross-walks and large pavement paintings to warn drivers to share the
road.
Opponents to “Vision Zero” road and intersection designs
insist that city roads need to be efficient traffic arteries in and around the
city and all these pedestrian safety devices will just create bottlenecks
making commutes longer. Further
opponents to road narrowing say that pedestrians and bicyclist should be
shunted off to side roads rather than main business routes.
It will be interesting to see what kind of balance Michigan cities achieve between motor vehicles and pedestrian safety and whether any Michigan
cities will try to achieve zero pedestrian deaths by adopting Sweden’s “Vision
Zero.”
Sunday, May 18, 2014
Wrong-Way Drunk Driver Kills Motorist in Kalamazoo on U.S. 131
Toxicology tests confirmed that drunk driver Jeremy Smeltzer who drove the wrong way in the southbound lane of U.S. 131 near Kalamazoo on April 15, 2014 and killed a driver driving the correct direction on the express-way had an blood alcohol content that was more than 2 1/2 times the legal limit for driving of 0.08 (it measured 0.214 percent). The Michigan State Police laboratory test was released Friday, May 16th, 2014 to the Kalamazoo Gazette after they filed a request under the Michigan Freedom of Information Act. The Michigan State Police also released the trooper's car video that captured an image of the drunk driver speeding past the trooper's squad car seconds before causing the deadly crash. This video is very disturbing because it vividly captures the senseless moment before two people were violently killed due to the utter stupidity of a drunk driver. The video also reminds us of the extremely dangerous situation that our Michigan State Troopers must face in the moments after such a fiery crash.
Go to this link to see the Michigan State Police dash-cam video of this crash. Hopefully, the release of this disturbing dash-cam video will further discourage drunk driving by forcefully bring the reality of the potential tragic results to the fore-front of people's minds.
Sunday, May 11, 2014
"I Was Just Reaching to Pick Up My Phone!"
Why do so many negligent drivers give the excuse that they "were just reaching over to pick up their cell phone" after they have caused a tragic accident? Do negligent drivers feel this is a more acceptable or less blame-worthy response to give the Police than I was sending a text message or trying to make a call? Is this the way a guilty conscience forms the words so as to allow the person to feel they are at least taking partial responsibility for their bad behavior? This week 21 year-old Chelsey Northrup was tragically killed when a negligent driver crossed the center-line while allegedly "reaching for his phone" on Parker Road near the intersection with Scio Church Road in Washtenaw County. Additionally, this week a negligent driver allegedly "reaching for his phone" crossed the center-line on the dangerous M-14 and Barton Road exit in Ann Arbor and broadsided a car driven by a woman who was 33 weeks pregnant causing her to go into contractions. These unnecessary tragedies should remind us all to put away our phones and seriously re-affirm the promises we make to ourselves and others to END distracted driving.
Sunday, May 4, 2014
Dramatic Increase in Women Being Arrested for Drunk Driving
Federal Bureau of Investigation (F.B.I.) statistics show a twenty-one percent (21%) increase in Driving Under the Influence (DUI) arrests among women during the nine year period between 2003 and 2012. Annual arrests among women increased from 174,000 to 650,000 nationwide. Interestingly, annual arrest among men decreased by nearly 17 percent during this same time period (780,000 down to 650,000 nationwide). Social science experts speculate that the increase in arrests of women may be due to more women being in the workforce so more miles are being driven by women and more driving occurs at night when they are more likely to be arrested for drunken driving. Additionally, experts believe that it has become more socially acceptable than it used to be for women to drink in public, especially among young women. Finally, many states have eliminated first offender diversion programs, so more women are being pushed into the criminal justice system without an ability to by-pass it.
The Michigan Office of Highway Safety Planning reports that in Michigan the number of drunk driving crashes have decreased for both men and women. From 2003 to 2012 the number of drunk driving crashes for men decreased from 11,400 to 7,250. During this same time period, drunk driving crashes for women decreased from 3,203 to 2,563 for women. In 2012, 35 drunk driving crashes in Michigan were fatal for women and of these 68% involved young women between the ages of 21 to 34. Substance abuse scientists report that women metabolize alcohol differently than men do and they do it in such a way that they're going to get more intoxicated at a faster rate. If a 150 pound man and a 150 pound women have the same amount of alcohol, the women will be at a higher blood-alcohol content quicker. With the legal driving limit for blood alcohol content dropping from 2003 to 2011 in many states, police are arresting more women for DUI's and as explained above there are many causative factors. Perhaps more public service t.v., radio, and social media advertisements need to target young women warning them of their increased risks and encouraging them to use designated drivers.
Sunday, April 27, 2014
Closing Michigan's Motorcycle Temporary Permit Loophole To Increase Motorcycle Safety
Last Tuesday both houses of the Michigan Legislature passed a law that limits the number of times motorcycle operators can obtain a Temporary Instruction Permit without completing the skills test required for the full motorcycle endorsement on their Michigan Drivers License. The permit was designed to allow new motorcycle riders to take practice runs and gain the experience necessary to drive a motorcycle before taking the skills test. The Temporary Instruction Permit requires the new operators to wear a helmet, ride only during the day, and ride with a fully endorsed adult motorcycle operator; however, many people would only obtain the Temporary Permit and keep renewing it to avoid having to take the skills test. It has been difficult for Police to enforce the riding restrictions on the Temporary Permits and this has encouraged many people to repeatedly acquire the Temporary Permit rather than the full endorsement. This new law is headed for the Governor's desk for his signature and will limit persons to 2 Temporary Permits over 10 years time.
Legislators were moved to limit the number of Temporary Permits because crash data in Michigan has revealed that more than half of all motorcycle crashes in 2012 involved a motorcycle operator with a Temporary Permit or no permit / license at all. Additionally, 44 percent of all crashes involved operators that did not have a full endorsement on their drivers license and were not wearing helmets. Finally, more than half of the Michigan motorcycle riders killed in traffic accidents did not have the full license endorsements. These shocking numbers reveal that the least experienced motorcycle operators are causing the largest share of the serious motorcycle accidents in Michigan. Hopefully, the closing of the endless Temporary Permits will reduce the injuries and deaths that have been occurring too frequently amongst these Temporary Permit operators.
Legislators were moved to limit the number of Temporary Permits because crash data in Michigan has revealed that more than half of all motorcycle crashes in 2012 involved a motorcycle operator with a Temporary Permit or no permit / license at all. Additionally, 44 percent of all crashes involved operators that did not have a full endorsement on their drivers license and were not wearing helmets. Finally, more than half of the Michigan motorcycle riders killed in traffic accidents did not have the full license endorsements. These shocking numbers reveal that the least experienced motorcycle operators are causing the largest share of the serious motorcycle accidents in Michigan. Hopefully, the closing of the endless Temporary Permits will reduce the injuries and deaths that have been occurring too frequently amongst these Temporary Permit operators.
Saturday, April 19, 2014
Increased use of Party Buses - does the trend increase or decrease safety on Michigan Roads?
The start of N.H.L. playoffs, upcoming graduation parties, prom season, and the increased use of "party buses" across the nation reminds one of the tragic accident involving Red Wings' Vladimir Konstantinov in 1997. Almost seventeen years ago, Konstantinov's limo driver blacked out, crossed three lanes of traffic, jumped a curb, and hit a tree at a high rate of speed. Unbuckled in the back of the limo, Konstantinov, Sergei Mnatsakanov (Red Wings therapist), and Slava Fetisov (Red Wing Player) were all severely injured when they slammed into the interior of the limo as it was abruptly stopped by the stout tree. The Red Wings were celebrating their Stanley Cup Championship and unfortunately got into a limousine driven by Richard Gnida whose license had been suspended at the time for drunk driving. Konstantinov's promising career as an all-star defense-man abruptly ended and he is still severely debilitated with a traumatic brain injury. Sergei Mnatsakonov is permanently paralyzed from the waist down.
Across the nation young people are choosing to use party buses rather than standard limousines to transport large groups to proms, bachelor / bachelorette parties, and bar-hopping events. These party buses come equipped with wooden dance floors, neon lights, large screen televisions, leather couches, drink holders, killer sound systems and brass dance poles. Fatalities and injuries have occurred when party bus passengers have gotten out of control and either fell out of the moving bus, stuck their heads out of an emergency roof hatches, or been slammed against the interior when an accident occurs. The real debate is whether or not these party buses are increasing safety because the party bus keeps otherwise intoxicated drivers from driving themselves to these events or are these party buses discouraging use of seat belts with their enticing moving dance-party environments?
Unfortunately Federal Motor Carrier Safety Regulations and Michigan Laws have not kept pace with this new "party bus craze." Michigan Law does not require a back seat passenger over the age of 16 to wear a seat-belt and there are no federal regulations or Michigan laws that require bus passengers to wear seat belts. Hopefully, it will not take another tragic accident involving a beloved public figure like Vladi Konstantinov to motivate the Michigan Legislature to take a more active role in regulating the "party bus craze."
Sunday, April 6, 2014
Guardian Appointments for Severely Injured Auto Accident Victims
Sadly, it is sometimes
necessary to appoint a guardian for person that has been severely injured in an
automobile accident in Michigan. Oftentimes, a guardian is necessary because
the adult victim has suffered a traumatic brain injury that has temporarily or
permanently caused the victim to be incapable of making day-to-day decisions
for them selves. Michigan law defines an “incapacitated
individual” one “who is impaired by reason of mental
illness, mental deficiency, physical illness or disability, chronic use of
drugs, chronic intoxication, or other cause, not including minority, to the
extent of lacking sufficient understanding or capacity to make or communicate
informed decisions.” Mich. Compiled Laws 700.1105. Other times, the appointment of a guardian
is necessary because the car crash victim is less than 18 years old and needs
an adult to stand-in-the-place of the minor in the eyes of the law. When a negligent motorist causes the death of an auto accident victim, then the Probate Court will appoint a personal
representative for the estate of the deceased victim. Michigan Probate Courts appoint guardians and
personal representative under the rules and procedures found in the Estates and
Protected Individuals Code (EPIC); however, it is the Michigan Circuit Courts
that conduct trials for establishing damage awards for the injured or deceased
accident victims.
It is
important that the attorney you choose is experienced in both the Probate and
Circuit Courts litigation. An
experienced lawyer can greatly assist grieving family members in choosing a
guardian that will best represent all of the victim’s needs. Additionally, in the case a wrongful death caused
by a negligent driver, an experienced trial attorney can guide the family’s
selection for a personal representative that will be the best trial witness to
represent the deceased victim’s family in the lawsuit.
Sunday, March 23, 2014
Michigan Crosswalk Laws - State Rep. Adam Zemke Attempts to Build Consensus
State of Michigan Representative Adam Zemke is bringing the issue of conflicting local and state crosswalk laws to Lansing for discussion and debate. Representative Zemke will hold multiple meetings across Michigan in an attempt to bring together pedestrian safety advocates and community leaders. He also plans to meet with representative from the Michigan Department of Transportation and the Michigan State Police. Hopefully, Representative Zemke can end the confusion and gain state-wide consensus as the best way to keep pedestrians safe in our state's crosswalks. A clear and consistent law throughout the state would ease the mind of many drivers, pedestrians, and university student's parents throughout the state of Michigan.
Saturday, March 8, 2014
Caution: Pothole Season in MIchigan Causing Serious Damages
The polar vortex brought us record cold and snow-fall accumulations during the winter of 2013-14. Now the freeze and thaw cycle is ravaging our roads. New potholes appear with each passing day of March.
The Michigan Department of Transportation (MDOT) is responsible for 10,000 miles of state highways. Thus far MDOT has spent $72 million on total road maintenance through January 2014. This compares to only $34 million for 2012 and $39 million in 2013 through January. Additionally, MDOT has paid its staff 187 % more in overtime road maintenance this winter and had expended 85 % more for road salt this winter.
The City of Ann Arbor's Administrator, Steve Powers, was quoted in the Ann Arbor News saying "We're really getting kicked in the teeth this year" when referring to the weather's toll on the city's streets. The City of Ann Arbor has used 251 tons of asphalt cold patch this year in February 2014 to repair potholes. Last year the City only used 100 tons. City residents have lodged 283 complaints requesting pothole repairs in February. This is more than six times the number of pothole complaints last year.
Retired Ann Arbor City Police officer, Rich Kinsey, suggests the following advice for dealing with potholes, avoiding damage to your car, and keeping the City's asphalt cold-patch crews safe: (1). drive more slowly than usual; (2). try to memorize the potholes on your daily drive; (3). be watchful for cold-patch crews walking behind their cold-patch dump trucks.
Caution is the watch-word this spring in Michigan to avoid serious injuries and death resulting from the loss of control of your automobile due to potholes or unexpected road-patch repair crews.
The Michigan Department of Transportation (MDOT) is responsible for 10,000 miles of state highways. Thus far MDOT has spent $72 million on total road maintenance through January 2014. This compares to only $34 million for 2012 and $39 million in 2013 through January. Additionally, MDOT has paid its staff 187 % more in overtime road maintenance this winter and had expended 85 % more for road salt this winter.
The City of Ann Arbor's Administrator, Steve Powers, was quoted in the Ann Arbor News saying "We're really getting kicked in the teeth this year" when referring to the weather's toll on the city's streets. The City of Ann Arbor has used 251 tons of asphalt cold patch this year in February 2014 to repair potholes. Last year the City only used 100 tons. City residents have lodged 283 complaints requesting pothole repairs in February. This is more than six times the number of pothole complaints last year.
Retired Ann Arbor City Police officer, Rich Kinsey, suggests the following advice for dealing with potholes, avoiding damage to your car, and keeping the City's asphalt cold-patch crews safe: (1). drive more slowly than usual; (2). try to memorize the potholes on your daily drive; (3). be watchful for cold-patch crews walking behind their cold-patch dump trucks.
Caution is the watch-word this spring in Michigan to avoid serious injuries and death resulting from the loss of control of your automobile due to potholes or unexpected road-patch repair crews.
Thursday, January 23, 2014
Teaching Young Drivers To Drive Safely on Icy Michigan Roads
Young and inexperienced drivers need to gain experience driving in icy conditions. Parents and guardians need to demonstrate and teach young drivers that in icy road conditions their front wheels will not grip if turns are too tight and taken at too fast a rate-of-speed. Young drivers need to be shown in a safe and uncrowded parking lot how the car slides straight if the driver continues pressure on the accelerator and how the tires will grip if they take their foot off the accelerator. Additionally, parents and guardians need to remind young drivers that bridges, overpasses, and underpasses will become icy quicker and stay icy longer. This is due to bridges having a lack of being insulated by the ground and winds being channeled and blowing more forcefully on underpasses and overpasses. Finally, a reminder to young drivers that cruise control should not be used in icy conditions because the cruise control is likely to throttle up on hills leading to overpasses or on up-hill curves causing a loss of control.
In the Ann Arbor and Chelsea area, remind your young drivers to be especially careful of icy conditions that occur frequently at the I-94 overpass at Jackson Road, I-94 at Kalmbach Road (west of Chelsea), M-14 and Barton Road exit /bridge over the Huron River, and the Geddes road outbound ramp on US-23. Drive safe and drive smart.
In the Ann Arbor and Chelsea area, remind your young drivers to be especially careful of icy conditions that occur frequently at the I-94 overpass at Jackson Road, I-94 at Kalmbach Road (west of Chelsea), M-14 and Barton Road exit /bridge over the Huron River, and the Geddes road outbound ramp on US-23. Drive safe and drive smart.
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