Proper and Legal Speed Depends Upon Conditions- You Can Be Found Careless or Negligent Even If You are Driving at Posted Speed Limits

Michigan Law, MCL 257.627(1) and 257.626(2), require that drivers always consider both the weather conditions and road conditions when choosing what speed to drive.  The law requires that you remain in control of you car at all times and be able to stop your car within a reasonable distance.  Some people mistakenly believe that as long as they are at the speed limit, or under, they will not be ticketed or found to be negligent or careless in their driving.  Michigan drivers must always maintain control of their vehicles depending on road conditions. 

Many drivers on gravel roads over-estimate the safe speed to travel and may think that by traveling the speed limit they will be safe and avoid getting ticketed; however, if the gravel road is rutted due to water run off or full of pot-holes, then drivers are required to slow down so they can always remain in control.  The same principle of always remaining in control and being able to stop in a reasonable distance also applies to paved roads.  If there is fog, ice, slush, snow, or potholes present, then traveling at the posted 70 m.p.h. on freeways will not assure that you are following the letter of the law.          

Michigan drivers face many challenges with our winter weather that includes many freezing and thawing cycles during just a few hours. With the approaching winter weather, Michigan drivers need to avoid becoming too over-confident in their winter driving abilities and slow down for our unique Michigan winter weather systems.  

If you are seriously injured in Michigan due to the negligence of another driver losing control of his / her car, then you should call an attorney to make sure that you preserve all the evidence and all of your rights to fully recover your damages. 

The Most Dangerous Holiday for Drinking & Driving

You might be surprised that New Year's Eve is not the most dangerous holiday for alcohol related traffic deaths and injuries.  It turns out that Thanksgiving has that unfortunate distinction.  The Thanksgiving holiday weekend is the most dangerous due to the high volume of people on the road and the fact that the holiday always begins on Thursday for a four-day-weekend of overindulgence.  According to the National Highway Traffic Safety Administration's report on motor vehicle deaths, Thanksgiving weekend is number one and July 4th weekend is number two as the most dangerous holidays for drivers.  The other long weekends of Memorial Day and Labor Day come in fourth and fifth most dangerous.  New Years is number six because it often does not not fall on a weekend or near the weekend. 

Most people don't realize that for the average person, each drink adds 0.02% to the Blood Alcohol Concentration an hour and in that hour only  about 0.01% is removed by the body's metabolic processing. This is why blood alcohol concentrations build steadily throughout a long day of holiday celebration causing levels to often rise beyond the legal driving limit  (0.08% BAC in Michigan).  Be aware that you cannot speed your body's processing of alcohol with coffee or other urban-myth-remedies.  Be safe and don't make another Michigan family suffer a holiday tragedy of losing a loved-one.  If you over-indulge, or know that you will likely over-indulge, please use a designated driver or call a cab.  Nothing is more heart-wrenching to watch than a drunk driver, who has caused someone's death, facing the family of the deceased while they make victim impact statements to the judge before the judge decides the length of the prison term for the drunk driver.      

Pedestrian Safety Devices Need to Be Installed in Ann Arbor

The recent tragic death of pedestrian Menghua Tian, 70, of Ann Arbor, Michigan must draw the City of Ann Arbor's quick attention and spark action.  Ms. Tian was killed recently by a pick-up truck on Ann Arbor-Saline Road between Eisenhower and South Main.  The City's 2007 Non-motorized transportation plan called for a crosswalk near the place where Ms. Tian was recently hit and killed.  Five years after this plan's publication there is still no cross walk, pedestrian safety island, or High-Intensity Activated crossWalK (HAWK) system, or Rectangular Rapid Flashing Beacons (RRFBs) in place on Ann Arbor-Saline Road. Several years ago a pedestrian's death near U of M's North Campus on Plymouth Road sparked the City to install several RRFBs with pedestrian safety islands.    Additionally, the pedestrian death in August 2012 on Golfside Drive in Pittsfield Township should spark Pittsfield Township to make safety improvements on this well-known-dangerous road.  All these pedestrian deaths occurred on five-lane roads that lack safe pedestrian crossings between far-spaced stop-light intersections.  Safety developments that have already been tested in Ann Arbor, like RRFBs and HAWK systems, need to be installed as soon as possible to prevent any more tragic pedestrian deaths on these high-traffic-volume dangerous five-lane roads.        

Will Robot Driven Cars Make Our Roads Safer?

Recently, the Wall Street Journal published an article entitled "Who's Behind the Wheel? Nobody." http://online.wsj.com/article/SB10000872396390443524904577651552635911824.html?KEYWORDS=who%27s+behind+the+wheel+nobody
The article suggests that robot driven cars are in our very near future because autopilots never get distracted, sleepy, angry, or intoxicated.  The article summarizes research and testing of robot driven vehicles from big corporations like Google, Siemens, Volkswagen, Honda, Volvo, and Ford.  Current testing of robot driven trucks demonstrate that they can follow at very close stopping distances forming long train-like caravans because the robots are all communicating through wireless networks regarding what lies ahead and the need to brake or slow down.  The research scientist conclude that use of such robot driving and communicating vehicles will significantly reduce accidents, reduce congested highways, and conserve fuel, however, it seems that the transition to robot driven cars may be a very difficult transition.  Americans love their independence and nearly everyone polled believes themselves to be an above-average-driver, so will Americans really give up their right to steer their own car?  What if only some drivers adopt the autopilot technology?  Will the human-driven cars then become the most dangerous and unpredictable vehicles on the road?  What if the government outlaws human drivers or creates financial incentives / disincentives so great that nobody can afford to drive their own car?  If all cars on the road become robot driven and a serious auto accident occurs, due to a computer glitch or virus, then who is ultimately liable for the damages, injuries, and potential loss of life?  These will be interesting questions that our future lawmakers will have to grapple with as we transition to robot driven cars.        

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.