This issue came up after a two-car accident in March 2011 -- the same accident we talked about in our last post. The crash left one passenger dead and both drivers seriously injured.
]]> Officers had their suspicions at the time that both of the drivers may have been intoxicated, but only one of them was given a blood test, which confirmed those suspicions. He is now serving a 15-year prison sentence in Michigan for the accident. The female driver, left disabled by her injuries, never had a blood alcohol test, and she faced no charges.At the scene of the accident, an audio recording of a police sergeant's comments indicated that he was suspicious that the female driver may have been drinking. An EMT arriving there also reportedly smelled alcohol on her breath. The officer then, for some reason, decided only to order a blood test to be performed on the male motorist, resulting in a reading of .12 blood alcohol concentration, well above the legal limit for intoxication. The BAC test results landed him in prison.
Eighteen other U.S. states currently require that all motorists involved in a fatal crash undergo blood alcohol testing. Such evidence can be crucial not only in criminal prosecutions, but in wrongful death or personal injury claims arising from such accidents.
Source: WNDU.com, "Over the Limit and Above the Law," Kevin Lewis, May 3-4, 2012
]]>A 22-year-old man was getting off work from his job as a welder and had a number of beers with a friend from work before giving him a ride home. Elsewhere, a 20-year-old woman was driving after a family birthday party; statements later indicated that many people at the party were drinking. It was March 30, 2011, and their two cars collided on Sawyer Road in Chikaming Township. Police summoned to the scene suspected right away that alcohol was a factor in the accident.
]]> Like many drunk driving accidents, this one had tragic consequences for the occupants of both vehicles. The accident occurred when the female motorist turned right in front of the male driver's vehicle. The man's Volkswagen GTI was sent careening off the road by the force of the impact and was crushed by a tree and cut to ribbons. His passenger, the friend from work, died at the scene of the accident.About 50 feet away from the tree, the female driver was found next to her damaged Dodge Stratus. Her injuries included broken feet and a broken neck which rendered her disabled.
The male motorist was rushed by air to a hospital in South Bend. He was subsequently convicted of drunk driving in connection with the accident and given a 15-year sentence after blood tests conducted on both him and his deceased passenger indicated that they were intoxicated.
A recording of a police officer's statements at the scene of the accident, however, indicated that he believed that the female motorist exhibited a "glassy-eyed" look and might be intoxicated, but no blood test was conducted on her. Some critics say that she may have been intoxicated too, but that, in the absence of a blood test, can now never be determined.
Police officers at the scene of a fatal accident have full discretion to decide if the drivers are tested for drugs or alcohol. The young man's parents want to know why, when the crash left everyone in pieces, only their son is paying for it. Unfortunately, there are no easy answers.
Source: WNDU.com, "Over the Limit and Above the Law," Kevin Lewis, May 3-4, 2012
]]>Before a motorcyclist can drive without a helmet, he or she must be 21 and must have passed a motorcycle safety course in the last two years. All motorcyclists must now carry a minimum of $20,000 in medical insurance coverage.
]]> Insurers say that isn't nearly enough to cover the cost of treating a severe injury. An analysis of the premiums paid into the Michigan Catastrophic Claims Association supports the assertion. The MCCA covers insurance claims over $250,000. Motorcyclists account for less than 2 percent of all premiums paid in but 5 percent of the money paid out. Too, motorcyclists represent just 7 percent of all claims.An advocate for the new measure insists that helmet laws have had no effect on insurance, nor have they improved safety or reduced fatalities or injuries. He praised the governor for his "courageous support" of freedom in the face of all the baseless claims from opponents. Others say the repeal was an economic decision: The repeal will help to attract more motorcyclists and more tourist dollars to the state.
Still, safety advocates say that the measure will cost more than it will bring in. The MCCA covers all motorists; the increased risk for motorcyclists or an increase in the number of deaths and injuries may well translate into higher assessments across the board.
Michigan is the 31st state to allow motorcyclists to choose. When he heard that the governor had signed the bill, the executive director of the Insurance Institute of Michigan commented that he hopes riders will "make the safe choice" by wearing a helmet at all times.
Source: Insurance Journal, "Michigan Governor Signs Bill Making Motorcycle Helmets Optional," Kathy Barks Hoffman, April 17, 2012
]]>These may be the reasons for the semi truck crash into the median strip on Interstate 94 in Michigan. Upon impact the truck rolled over onto its side, but landed in the oncoming side of traffic resulting in the entire freeway being closed.
]]> Another vehicle that happened upon the scene was unable to stop in time, and crashed into a dislodged median wall. That vehicle was an SUV, a Ford Explorer, carrying two people.According to Michigan State Police, a total of four people were injured as a result of this big rig accident. They were all transported to University of Michigan Hospital to be treated for their injuries.
This particular patch of roadway originally opened sometime around 1960, and has been the sight of many accidents over the years. It is possible that the roadway was simply not designed for the current level of traffic and posted speed limit. The section where this truck accident took place is particularly narrow, so that tractor trailers travelling at high speeds may experience difficulties. It would be extremely challenging for motorists to avoid crashing into an accident, as happened in this case.
This crash is under investigation which will hopefully uncover whether the truck driver was negligent in his handling of the large vehicle in some manner, or whether the road conditions and posted speed limit somehow contributed to this serious truck accident in Michigan.
Source: AnnArbor.com, "Semi truck rolls over on I-94; Four people transported to hospital," April 23, 2012
]]>The Michigan Distracted Driving Survey, questioned 600 Michigan drivers of all ages and made them think about what they have been doing while driving. These residents were polled on the tasks they perform while driving. More than half of the participants admitted to making and receiving cell phone calls while driving. Almost 20 percent of drivers also looked at incoming texts and emails, and eight percent of drivers are actually still texting.
]]> Besides raising awareness, another component of the survey was to determine how effective the 2010 law banning texting while driving has been. Apparently it is very difficult to enforce the ban on texting while driving because police must actually see the driver texting.So how can texting and driving be prevented? Certainly raising awareness by designating the month of April to discuss this topic is a start. Perhaps people who are more aware of the dangers will be more willing to put away their cell phones, or hand them over to a passenger in the vehicle.
However, these statistics show that drivers in Michigan are continuing to get behind the wheel and being distracted by cell phones and other electronic devices. Unfortunately, this means that the number of motor vehicle accidents caused by distracted drivers will not decrease until drivers understand the serious risks associated with distracted driving, and simply put these devices away before they get behind the wheel.
Source: Central Michigan Life, "Michigan drivers continue to text behind the wheel, survey says," Justin Orminski, April 13, 2012
]]>One such rule promulgated by the U.S. Department of Transportation concerns the health and well-being of truck drivers. If a truck driver is even suspected of suffering a seizure, then that driver is prohibited from driving a truck again during the next ten years.
]]> Unfortunately, a truck driver and his employer ignored this very important rule resulting in the death of another truck driver. In this case, he suffered a seizure and was treated by an ambulance crew. Afterwards, at the request of his employer he was examined by a doctor who cleared him to continue driving the commercial vehicle. However, the doctor was not informed that he had just suffered a seizure.Only three weeks later, while on the job driving a truck for his employer, he again suffered a seizure. This time, he lost control of his vehicle and drove into oncoming traffic. His truck crashed into another truck causing a fire upon impact, killing the driver of the other truck.
The victim's family filed a wrongful death lawsuit against the trucking company. They argued that under the U.S. Department of Transportation's rules, the truck driver who caused the crash should not have been driving after he had the seizure. Because the trucking company failed in this regard, they were negligent, and this negligence caused the death of an innocent victim.
The company recently settled the case out-of-court with the family members of the deceased victim for $9 million, sending the message to trucking companies in Michigan and elsewhere that they will be held financially responsible for ignoring safety rules.
Source: The Commercial Appeal, "$9M awarded in wrongful death settlement," Michael Lollar, April 11, 2012
]]>Both drivers involved in the head-on car accident were severely injured and then rushed to University of Michigan Hospital -- the 46-year-old woman by air, and the 39-year-old man by ambulance. There has been no word on whether the 42-year-old driver of the pickup that started this chain reaction was injured, but authorities have indicated that alcohol does not appear to be a factor in the crash.
]]> While we may not know exactly what caused the driver of the first pickup to crash into the back of a stopped vehicle, the events that followed illustrate two issues that are often critical in personal injury litigation: "but for" causation and "proximate cause.""But for" causation looks at whether a defendant's negligent act was the factual cause of the plaintiff's injuries. In a car accident like this one, the key question would simply be: "But for the negligent act (rear-ending the stopped pickup), would the plaintiff have been injured?" If a judge or jury answers that question with a "no," then the plaintiff has established the first element of causation.
However, the plaintiff also has to prove that the defendant's negligent act was the legal cause or "proximate cause" of his or her injuries. The concept of proximate cause generally hinges on the issue of foreseeability but can also be more complicated. Here, the judge or jury would basically want to ask whether the plaintiff's injuries were a foreseeable consequence of the negligent act (rear-ending the stopped pickup). If the answer is "yes" (as it would likely be) -- the plaintiff has established the second part of the causation test.
Source: WLNS.com, "Officials Investigate 3 Car Crash," April 4, 2012
]]>High-speeds and reckless driving on the Michigan interstates are always dangerous and can result in serious injuries as well as fatalities and wrongful death. When a collision involves a semi-truck, the consequences can be deadly, as in this case.
]]> Police officers tried to stop the accident victim in Wayne County, Michigan on M-85. It was not reported why the officers were attempting to pull the man over or why he was trying to flee. Instead of following the orders of the officers, the man attempted to escape from the pullover and probable arrest in his 2004 Saturn, increasing his speed and barreling down M-85.The man continued to pick up speed and started traveling southbound on I-75 into Monroe County. Before the police were able to stop him, he rear-ended a semi-truck in the right lane of I-75 north of Swan Creek Road in Berlin Township. The fleeing Wyandotte driver was pronounced dead at the scene. Fortunately, the driver of the semi-truck was not injured in the accident.
As in any fatal accident, this case is under investigation by law enforcement officials. The family of the victim may also initiate an independent investigation to determine the cause of the accident and identify any individuals or entities that may have been responsible.
The Detroit Free Press, "74-year-old Wyandotte man killed in crash with semi during high-speed chase, police say," March 27, 2012.
]]>The Office of Highway Safety Planning and the Michigan Licensed Beverage Association teamed up this year on a three-week campaign to curb drinking and driving. While past campaigns focused on St. Patrick's Day alone, research indicated that the number of alcohol-related accidents increases during March and early April. Fatal crashes and crashes with injuries occur on St. Patrick's Day, of course, but also during spring breaks and national basketball tournaments.
]]> Why the QR codes? Scanning the coaster's QR code with a smartphone will take the user to a website that lists local cab companies and their phone numbers. The OHSP's target demographic for the campaign is the tech-savvier generation, the generation that is more comfortable with technology and more likely to own a smartphone. The QR code gives them access to safe rides home in a format they're familiar with.The MLBA has distributed the coasters to more than 500 member restaurants, bars and other establishments that sell or serve alcohol. The association's involvement is part of its ongoing commitment to responsible drinking and safe driving throughout the state, according to the executive director.
Local police departments have been working in concert with sheriff's departments and the Michigan State Patrol to step up enforcement of drunk driving laws. The concentrated patrols are focusing on 29 counties.
In 2011, officers arrested more than 2,000 drivers for alcohol-related offenses during the national basketball tournament alone. This year's campaign will wrap up on April 2, the day of the NCAA championship game.
Source: Michigan Office of Highway Safety Planning, "New spring drunk driving enforcement campaign to feature QR code coasters that encourage safe, sober rides," March 2012
]]>A study of insurance rates across the country showed Michigan as the third-highest of the 50 states and the District of Columbia. Insure.com reported that the average premium this year was $2,013 for Michigan, compared with the national average of $1,438. Michigan was still lower than the state in the number one spot, which showed an average of $2,536. However, we were significantly higher than the lowest state average, $889.
]]> In most markets, insurance rates go up when an area has suffered from natural disasters like floods and tornadoes, and when a state has a high number of uninsured motorists. When you are in an accident with an uninsured driver, your insurance policy picks up the costs of that driver's medical treatment and car repairs.According to the study, about 24 percent of drivers do not have insurance in the state with the highest average premium. The state with the lowest premium, though, reported that only 4.5 percent of drivers were uninsured. In Michigan, an estimated 1.7 million drivers -- 17 percent -- are uninsured.
Uninsured drivers aren't the only reason premiums are high, though. We'll discuss other factors in our next post.
Source: Insure.com, "The most and least expensive places to buy auto insurance in 2012," Barbara Marquand, March 5, 2012
]]>An executive with an area emergency services company has one possible explanation: Seniors are more fragile. The effects of an impact to 65-year-old bones are different from the effects to 25-year-old bones.
]]> The researchers suggest that seniors tend to suffer from pre-existing medical conditions. If a medical condition doesn't outright cause the accident, it can make emergency treatment more complicated. The emergency services executive adds that a longer medical history can make treatment decisions tougher.Seniors can take a few steps to reduce their chances of injury or death in a car accident, though. The simplest way is to carry important medical information with you (or in the car) at all times. A medical alert bracelet can be a great help to paramedics and other first responders.
Families have tried to convince their elders to give up driving or to limit their trips to daylight and non-rush hour errands, not too far from home. Anyone who has had that conversation, though, knows how hard it can be.
Others have found that seniors prefer a more skills-based approach. In some communities, seniors are enrolling in driver safety classes, where they can refresh and evaluate their skills. The program run by the St. Clair County Council on Aging includes instructive videos and opportunities for self-assessment. The focus is on maintaining independence while keeping older drivers safe.
It makes sense, really, when you consider how traffic laws and basic rules of the road have changed over the last 50 years. Cars have changed, too. And no driver is too old to learn new tricks.
Source: The Times Herald, "Study shows elderly have high crash, fatality rates," Holly Setter, March 1, 2012
]]>The researchers also looked at the number of senior drivers killed in car accidents and found the same disparity. In this category, Michigan ranked 10th. In the 187 accidents involving a driver 65 or older, more than half resulted in that driver's death.
]]> Consider the experience of St. Clair County. In 2010, at least one driver older than 65 was involved in 26.1 percent of the county's fatal accidents. A year earlier, it was 43.8 percent.Most people, especially people over 65, would think that teenagers would be in or cause more accidents than experienced drivers. In fact, the St. Clair County statistics from 2010 show a slightly different story: Older drivers were the safest on the road. There were about 5,600 accidents in the county that year. Only 17 percent involved a driver 65 or older. The youngest drivers, age 16 to 24, were involved in 27 percent. The largest group, drivers between 24 and 64, accounted for about 56 percent.
So, it appears that seniors are safer drivers, involved in fewer accidents overall. When they are in an accident, though, they are at greater risk of being killed. We will discuss some possible explanations in our next post.
Source: The Times Herald, "Study shows elderly have high crash, fatality rates," Holly Setter, March 1, 2012
]]>The bill would make it a secondary offense for probationary drivers -- most are 16- and 17-year-olds -- to talk on the cell phone while driving. If it were a primary offense, officers could stop a driver who is talking on his phone. With a secondary offense, a driver must be pulled over for a different, primary offense or in an accident before an officer can write a ticket.
]]> Research has shown that young drivers talking on cell phones are at a much higher risk for being in a crash than older, more experienced drivers. According to MLive Media Group, out of every five drivers involved in a crash caused by or related to cell phone use, one was a teenager.It is illegal (and a primary offense) for any driver in Michigan to text while behind the wheel. The ban has its critics, though. They say there have been very few citations issued in the two years since the law went into effect, and that raises questions about enforcement.
Other states have produced research showing that texting bans and cell phone bans aren't effective because drivers just don't comply.
For the 17-year-old's mom, though, the cell phone ban for novice drivers would be a fitting legacy for her daughter.
Source: MLive.com, "Michigan Senate hearing today on banning cell phone use by teen drivers," Aaron Aupperlee, Feb. 21, 2012
]]>Officers added that they would know more once they had located the driver of the pickup. The driver, whom police did not identify, fled the scene on foot.
]]> The victim's passenger sustained non-life-threatening injuries. That person was transported to a local hospital for treatment. The passenger in the pickup sustained more serious injuries and remained hospitalized following the crash.Investigators said the van, traveling east, ran a stop sign a few minutes before 4:00 p.m. on Wednesday and drove into the path of the southbound pickup. The impact sent the van into a utility pole on the side of the street. The intersection was closed for several hours.
While police believe the victim may have been drinking before the accident, they will not know for sure until they see the results of the autopsy. They also cannot determine if alcohol was a factor for the pickup driver until they talk to him and find out why he left the accident scene.
Even if the pickup driver were not at fault in the crash, it is a crime in Michigan to leave the scene of an accident that results in injury or death. News outlets have not reported how the police fared in their search for the driver.
Source: The Times Herald, "Police seek driver who fled fatal accident," Julianne Mattera, Feb. 9, 2012
]]>The accident occurred in September 2009 when the victim's were on their way home from a bike outing. As they were approaching an intersection, they had the right of way, but slowed down because of the blinking yellow signal at the intersection. They were then hit by a 28-year-old woman talking on her cellphone. She had stopped at the stop sign, but continued through the intersection without noticing that the traffic from the other direction had the right of way.
]]> The two cars collided sending both spinning, with one of them hitting a third vehicle. Luckily no one was seriously hurt and the woman, who failed to yield, received a ticket for her offense. Everyone was taken to the hospital and later released.This case had a good ending in that there were no fatalities, but many car accidents can cause personal injuries that could last a lifetime. These physical, emotional and financial strains can be overwhelming. In Michigan, when people are injured in car accidents due to negligence, they can file lawsuits in civil courts to seek compensation from negligent motorists, their insurers and other parties, depending on the circumstances. An experienced attorney specializing in personal injury can help you figure out your options and provide you with an approach that fits your situation and benefits you the most.
Source: Mlive.com, "'I remember that bam:' Lapeer Township couple's van sent spinning after a distracted driver failed to yield," Sarah Schuch, Feb. 6, 2012
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