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.   

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."              

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.