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).

Distracted Drivers

In July 2010, the Michigan Legislature passed a law that prohibits drivers from reading, writing and sending text messages while operating a motor vehicle.Violation of this law is a civil infraction and the first offense will result in a $100 fine with subsequent violations costing $200.  As is readily apparent for anyone that drives in Michigan, there are many drivers that continue to text while driving despite the passage of this law.  Additionally, I have often seen drivers applying make-up, reading newspapers, and trying to discipline children while driving down the highway.  I have had several clients suspect that the driver that caused the accident was texting while driving.  In these cases, we can subpoena phone records to determine whether text messages were sent just prior to the accident.  To learn more about distracted driving in Michigan - See: 

http://www.michiganautoaccident.com/Practice-Area/Teen-Driver-Accidents.shtml

Under-ride Guards on Semi Truck Trailers Often Fail Causing Death

New crash tests by the Insurance Institute for Highway Safety indicate that under-ride guards on tractor trailers often fail in even low-speed crashes causing unnecessary deaths.  The under-ride guard is the vertical bar that extends down on the back of a semi truck trailers' rear-bumper to prevent cars from sliding under the trailer causing the roof to be torn off the car.  Today's passenger cars are designed to protect occupants from low speed front end crashes when the front bumper is impacted but they are not designed for impacts that strike above the front bumper and impact the just the hood or roof of the car.  When the under-ride guard crumples and the car slides under a truck, the consequences are often catastrophic.  The National Highway Traffic Safety Administration (NHTSA) estimates that 423 people in passenger vehicles die each year and more than 5,000 people are injured when their vehicles strike the back of large trucks.  The tests indicate that the government under-ride guard safety standards need to be improved both in the U.S. and Canada.  Write to your Congress-person encouraging him or her to mandate an improvement to the NHTSA under-ride standards.  View "Segment 1" video of a 2010 Chevy Malibu causing at under-ride guard failure at:  http://multivu.prnewswire.com/broadcast/48768/press.html

Insurance Claims

Why is it that whenever you have an accident you immediately get transferred away from your familiar agent to an adjuster you have never talked with before?  Doesn't it seem like before the accident you were promised that if any type of calamity or mayhem should occur that you could count on the neighbor-like-response to your requests with your insurance claim?  What can you do if you have problems with a Michigan insurance claim?

If it is a matter of getting a fair value for your totaled car you can try the following:  (1).  Use the website  http://www.nada.com/ to see what value your car had on the used car market (adjusters think NADA is a better site than Kelley Bluebook); (2).  Search for a similar used cars that are being currently sold by a dealers or private sellers;  (3). Use these values and add what you will be charged for sales tax (6% in Michigan) to come up with what you believe is a fair value (insurance companies have to pay sales tax because it is part of the costs of replacing a car - usually the adjuster won't tell you this) (4). Call the adjuster and see if he/she will be reasonable in negotiations; (5).  If you cannot get a fair price on your own, then call an attorney to assist you in the claim by either calling the adjuster on your behalf or sending the adjuster a demand letter on lawfirm letter-head.

More insurance information at:   
http://www.michiganautoaccident.com/Practice-Area/Uninsured-Underinsured-Motorists.shtml

Safe Winter Driving Tips

Considering the current blizzard warning for most of Michigan, the following condensed safe winter driving tips from the Department of Transportation seem appropriate:

• Clear snow and ice from all windows and lights - even the hood and roof - before driving.
• Pay attention. Don't try to out-drive the conditions. Remember the posted speed limits are for dry pavement.
• Leave plenty of room for stopping.
• Leave room for maintenance vehicles and plows. The law requires you to slow down or move over when approaching emergency or maintenance vehicles, including snowplows, parked on the side of the road when they have their flashing lights turned on. If you approach a parked emergency or maintenance vehicle during a winter storm and decide to change lanes be extra careful. The passing lane may be in worse shape than the driving lane. There may also be a snow ridge between the two lanes. Avoid making an abrupt lane change. If approaching a snowplow, stay back at least 200 feet (it's the law!), and don't pass on the right.
• Know the current road conditions. log onto the Michigan Road Conditions Web page

http://www.michtip.state.mi.us/rw/home.htm

• Use brakes carefully. Brake early. Brake correctly. It takes more time and distance to stop in adverse conditions.
• Watch for slippery bridge decks, even when the rest of the pavement is in good condition. Bridge decks will ice up sooner than the adjacent pavement.
• Don't use your cruise control in wintry conditions. Even roads that appear clear can have sudden slippery spots and the short touch of your brakes to deactivate the cruise control feature can cause you to lose control of your vehicle.
• Don't get overconfident in your 4x4 vehicle. Remember that your four-wheel drive vehicle may help you get going quicker than other vehicles but it won't help you stop any faster. Many 4x4 vehicles are heavier than passenger vehicles and actually may take longer to stop.  Don't get overconfident in your 4x4 vehicle's traction. Your 4x4 can lose traction as quickly as a two-wheel drive vehicle.
• Do not pump anti-lock brakes. If your car is equipped with anti-lock brakes, do not pump brakes in attempting to stop. The right way is to "stomp and steer!"
• Look farther ahead in traffic than you normally do. Actions by cars and trucks will alert you quicker to problems and give you a split-second extra time to react safely.
• Remember that trucks are heavier than cars. Trucks take longer to safely respond and come to a complete stop, so avoid cutting quickly in front of them.
• Go slow!

Distracted Driving

In May 2010, Michigan joined other states in passing a ban on texting while driving.  Now some states like New York, Oregon, and California are considering passing laws banning use of mobile phones, iPods, or other electronic devices for pedestrians crossing streets and for bicyclists.  Studies have found that distracted drivers are 23 times more likely to be involved in an auto accident.  See http://www.michiganautoaccident.com/Practice-Area/Teen-Driver-Accidents.shtml.  This makes me wonder how much more likely is it for a pedestrian or bicyclist to make a fatal misstep while being distracted by a text from a friend.  It constantly amazes me when driving through Ann Arbor and seeing a group of University of Michigan students walking through intersections with their head down and eyes focused on reading their cell phone.  Unfortunately, pedestrian fatalities increased slightly for the first time in 4 years in the first 6 months of 2010 according to a report released last week by the Governors Highway Safety Association. Further studies need to be done on whether this increase is due to more distracted / multi-tasking pedestrians crossing busy intersections.  If the increase in pedestrian fatalities continue to climb, Michigan legislators may follow other states in passing laws in an attempt to make Michigan traffic intersections safer for pedestrians and ban the use of using electronic devices while crossing the street.