Michigan Auto Insurance Coverage

There are two sides to every argument, so when it comes to looking at Michigan's Automobile Medical Insurance, there are those who think it should be reformed and those who think it should stay how it is.  Currently, Michiganders are required to pay for unlimited lifetime benefits. 

Those who think the insurance program is fluky have a strong argument. According to an opinion article in Sunday's AnnArbor.com paper written by Pete Kuhnmuench, Michigan has the highest mandated auto insurance medical benefit in the country.  The op-ed also makes the argument that Michigan is the only state which "mandates unlimited, lifetime medical benefits."

Recently House Bill 4936 was introduced which would "allow consumers to choose the level of medical benefits that best fits their own needs."  However, this is where the two viewpoints on Michigan's mandated auto insurance medical benefits differ.

The side opposing this bill, identifies that this bill only hurts Michigan's drivers.  In another recent op-ed in AnnArbor.com's Sunday paper by John Cornack, he said that the House Bill "caps personal injury protection benefits as low as $500,000, puts price controls on health care providers, and limits in-home care for the most severely injured drivers."  In Mr Cornack's view, the bill would merely shift costs from insurance companies onto others such as hospitals and individuals.

In all, removing the auto insurance medical benefit mandate in the state of Michigan would give consumers the choice of what kind of coverage they want but it would also be at a cost to those individuals.  Removing the mandate would not make this insurance cheaper and in the long run, if someone was injured and had to pay over $500,000 worth of medical bills, it would be coming out of their own pocket.

Bicyclist Must Obey Law or Face Serious Consequences

City Prosecutors in San Francisco recently filed felony vehicular manslaughter charges against a bicyclist who hit and killed a 67 year old pedestrian in a crosswalk.  The bicyclist allegedly ran a red light at a high rate of speed and struck the elderly woman.  See  http://online.wsj.com/article/SB10001424052702303410404577466990820318610.html  Bicyclist not only have to be concerned about their own criminal liability but also must be aware that in Michigan their own negligence can significantly reduce or eliminate their ability to collect benefits under the Michigan No Fault Law.  See http://www.michiganautoaccident.com/Practice-Area/Types-of-Accidents.shtml    Michigan uses a pure comparative negligence standard that reduces damage awards by the percent fault attributed to the negligent bicylclist.  This means that if a bicyclist is riding on the wrong side of the road and gets hit by a motor vehicle the jury is allowed to reduce the injured bicylclist's damage award by the percent of fault that is attributed to the bicyclist for causing the accident.  If the jury finds that the injured bicyclist is more than 50% at fault then the bicyclist will get no pain and suffering damages and only a reduced amount of economic damages for such things as lost wages. 

Cars, Gadgets, Driving Distracted

 

Advancements in technology have not only affected internet speed, wireless mobility, and personal entertainment; they have made begun to influence the ways in which drivers handle their cars too.  The voice activation systems that are now being put into many new models of cars make it easy for drivers to say the song they want to hear and the car will play it.  But what happens when the stereo system plays the wrong song?  Then the hands come off the wheel and the driver chooses the song manually.

Tracy Samilton from NPR describes distractions while driving like the spinning plates on the old Ed Sullivan tv show.  She says "Lets say you're driving and there's a kid in the back seat crying.  That's distracting....Let's say you're also late.  That's another spinning plate.  You're checking a map on your GPS for directions, and traffic is getting heavy; plate, plate.  And if you get too many things going at once, those plates will start to fall."

A report was published back in April by Bridgestone America's which shows that young people just don't believe they are poor drivers or that they are driving distracted.  Young drivers claim that many times they see their parents driving a certain way (many times distracted) and they think that because their parents are driving that way then it is okay.  Other young adults also claimed that they are better drivers than their parents.  What is most important to keep in mind is that regardless of what you may be doing while your driving, if your two hands are not on the wheel and your two eyes are not on the road then there is something you could be doing safer.

MLive Findings Show Helmet Repeal as Deadly

There was great controversy leading up to the repeal of Michigan's Helmet Law.  Now that it has come, gone, and had time to settle, it is important to look at the affects that the repeal has had on Michigan motorcyclists over the past two months.  When it comes to safety, repealing the law did nothing to ensure Michigan's motorcyclists would be the safest they could be.

MLive Media Group has been conducting analysis since the repeal was put into place last April.  Though motorcycle accidents are dangerous regardless of whether or not the rider wears a helmet, MLive Media Group has come up with many findings that show that the repeal has done more to hurt than to help.   Below are some of their findings taken from Sunday June 24th's article in Ann Arbor.com titled "Helmet Repeal Proves Dangerous":

• 25% of the 129 helmetless riders in accidents suffered "incapacitating" injuries.  That compares to 16% for the 525 who wore helmets
• Of those who were killed, six were without helmets--or 4.7% of all helmetless riders in accidents.  By contrast, eight helmeted riders were killed, 1.5% of all those in accidents.
• As weather warmed, more helmets came off.  The first month after the repeal, 17% of motorcyclists were without helmets.  That rose to 22% in the second month.

AAA Spokeswoman Nancy Cain said that "the findings support what appears self-evident -- a helmet can in some cases protect riders, or lessen injuries."  Even though it is not against the law to not wear a helmet, it is safer to wear one when riding on a motorcycle.  Deciding not to wear a helmet greatly increases the risk of injury and death and riders should think twice when making their decision about whether or not they are going to put on a helmet today.

 

Teen Gets Prison Time for Texting-While-Driving Accident

For many of us, texting has become the new talking.  We find it difficult to step away from our phones for more than a few moments before coming back to see if someone has messaged us or to check the score of the Tigers game.  But there are times when this "new talking" should not take place.


On Wednesday June 6th, Aaron Deveau of Haverhill, Massachusetts was sentenced to 2.5 years in prison with 1 year to serve after he was found guilty of motor vehicle homicide and negligent operation while texting on his cell phone.


In the crash that took place in February of 2011, Deveau swerved into oncoming traffic and struck the vehicle of fifty-five year old Donald Bowley Jr., killing Bowley and seriously injuring his girlfriend Luz Rowan.  Bowley did not die on impact but passed away 18 days after the accident from injuries that he suffered from in the crash.


National Public Radio (NPR) reported that Deveau "was among the first people convicted under a law that took effect in September 2010 that created the criminal charge of texting while driving negligently and causing injury."  Back in September, Massachusetts was the 30th state to make a law banning texting while driving.


The sentence of Deveau sends a message not only to him but to all teens and adults using phones while driving.  Even if it isn't illegal in your state, you should not use your phone while operating a vehicle.  Of course, "it won't happen to you," you're only going to quickly read the text that you're friend just sent you about the movie tonight, but just like Deveau, sometimes it's out of your hands and things go wrong.

Happy Memorial Day.  We honor all Veterans today but are especially mindful of Gary Lillie who died last August 4 when he was struck and killed by an vehicle while walking on Marshall Road, Scio Township, Michigan, near his home.  See Ann Arbor News Article that appeared in Sunday's paper:   http://www.annarbor.com/news/gary-lillie-remembered-for-his-kindness-generosity-in-wake-of-fatal-crash/

Speed Limits on Ann Arbor's Main Roads

Ann Arbor needs to re-assess posted speed limits on it's main roads.  In 2006, the Michigan Legislature passed Public Law 85 which revised the Michigan Vehicle Code.  This law created a new method under which city officials determine the safest and most accurate speed limits along main roads.  It is based on using a sliding scale of access points (driveways and intersections).


In addition, the State of Michigan has previously adopted the State Police Uniform Traffic Code which in conjunction with Public Law 85 helps to establish how the state determines what speed limits to post and where.  This code identifies that the safest speed limit to post is one which occurs at the 85th percentile traffic speed.  This percentile establishes the majority of people (85%) as legal so that police can focus their enforcement on the small majority who are speeding.


As James C. Walker wrote in his recent op-ed at AnnArbor.com, "The Ann Arbor City Council and Project Management Department do not follow either method under state law."  Walker notes that instead the city is posting unrealistically low speed limits, not taking into account the State Police Uniform Traffic Code or Public Law 85.  Since 2006 when Public Law 85 was adopted the city has done nothing to change its main road speed limits and should be held accountable.  This non-compliance results in speed limits that can be unsafe to all drivers and cause many different types of accidents.