Michigan Construction Zone Accidents

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

Stopping for Pedestrians in Ann Arbor's Crosswalks

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

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

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

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

 

(1). Medical expenses;

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

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

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

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

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

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

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

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

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

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

Michigan Pedestrian Auto Accidents

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

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

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

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

Are Distracting Digital Billboards Causing Auto Accidents?

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

Motorcylces Accidents in Michigan

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

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

Michigan Legislature Considers New Restrictions on Teen Drivers

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