Cyberbullying Is Now A Crime In Michigan

On July 6, 2015, 13-year-old Zoe Johnson committed suicide a day after classmates tagged her name was tagged on a Facebook post reading, “tag a b**h you don’t like.” Zoe had just finished the seventh grade and was a member of the cheer team. According to her mother, Rebecca Abbott, Zoe had been experiencing bullying for many years and therefore suffered from mild depression. Towards the end of the school year, the bullying may have reached an all-time high, leading Zoe to her breaking point, Even after Zoe’s death, kids continued to post on the Facebook page, with one even writing, "good ur gone."

On December 27, 2018, former Governor Rick Snyder signed a bill, sponsored by Rep. Pete Lucido R-Shelby Township, into Michigan law that makes cyberbullying a misdemeanor crime. Going in effect in March 2019, Public Act 457 of 2018 mentions that cyberbullying includes posting a message or statement in a public media forum about any other person if both the following apply:

  • The message or statement is intended to place a person in fear of bodily harm or death and expresses an intent to commit violence against the person.

  • The message or statement is posted with the intent to communicate a threat or with knowledge that it will be.

The law defines cyberbullying as a “misdemeanor punishable by 93 days’ imprisonment and a fine of up to $500.” Repeat offenders could face a 1 year sentence, and fines up to $1,000. Individuals involved in a “pattern of harassing or intimidating behavior causing serious injury to the victim” are guilty of a crime punishable up to 5 years and, or a fine up to $5,000. If the online harassment is found to cause death, the violator is punishable by up to 10 years in prison and a $10,000 fine.   

Governor Snyder stated, “Cyberbullying can cause just as much trauma as traditional bullying so it's important that it be considered a crime… With this bill, we are sending a message that bullying of any kind is not tolerated in Michigan.”

Hopefully now that cyberbullying is illegal in Michigan, fewer people will engage in this harmful behavior. They say that the pen is mightier than the sword, but in the case of cyberbullying, the keyboard can hurt people so deeply that they consider suicide as the only option to make the pain stop. The cyberbullies who inflict this pain on innocent victims deserve to be punished by the fullest extent of the law. The Michigan Law Firm, PC can now assist cyberbullying victims with obtaining pain and suffering compensation for cyberbullying in Michigan. Please call us at 844.4MI.FIRM. for a free legal consultation.

Happy Michigan Social Media Day!

Facebook, Twitter, Instagram, Snapchat, and Youtube - These are just a few of the popular social media platforms being accessed by billions of people worldwide. According to Statista, there were 2.46 billion social media users in 2017, and that number is projected to grow over the course of the next few years. Statista estimates there will be 2.62 billion users this year, and over 3 billion by 2021. It’s clear that social media is here to stay!

Today, June 30th, is Global Social Media Day! It was officially declared a holiday nine years ago by the website Mashable. In 2012, Michigan Governor Rick Snyder joined in on the celebration, and released a proclamation to recognize Social Media Day in Michigan. For each of the following years, excluding 2016, the State of Michigan has commemorated this holiday, and according to Michigan.gov, the trend continues for 2018. Per the Michigan.gov Social Media Policy, “The state of Michigan encourages the use of social media, social networking sites and emerging web tools to enhance transparency, communication, customer service, collaboration and information exchange among the State of Michigan and the public.”

While social media is used 365 days of the year, June 30th specifically recognizes and celebrates the positive impact social media has on user’s daily lives. The wide variety of platforms allow for more communication with friends and loved ones, both in Michigan and all over the world. Additionally, social media accounts give residents the opportunity to easily interact with government officials and departments. If Michigan residents have a question, they may get a timely answer if they ask their question via a platform such as Twitter. For example, Michigan Supreme Court Justice Bridget McCormack is active on twitter, and regularly replies to tweets.

 

The State of Michigan is very active online, with over 450 accounts amassing over 5 million followers! In 2012, the Center for Digital Government awarded Michigan with an “A” rating, based upon, “social media implantation, ROI, innovation, creativity and collaboration,” according to StateTech. One prominent State of Michigan account, The Michigan Supreme Court (@MISupremeCourt), recently tweeted the news of #SMDayMI. Michigan’s highest court is active on several platforms including Facebook, Twitter, and Youtube. In April, to spread awareness about the dangers of distracted driving, the Michigan Supreme Court sent out a tweet about Distracted Driving Awareness Month. The Michigan Law Firm added to the conversation, and retweeted the Supreme Court’s tweet. Social media allows the Michigan Supreme Court to use their influence to highlight important topics, and help people stay informed.

Social media is not only easy to use and cost effective, but it also provides the latest, up to date information to its followers and the general public. In the case of Michigan’s government departments and agencies, this means Michiganders are informed of everything going in the state, including important information such as laws that are passed, details concerning local events, reminders of the multitude of resources available to residents, as well as closures and construction projects to name a few.

It’s not all serious, however. There is plenty of fun content for followers to enjoy! For example, the Michigan Supreme Court released a tweet two days ago about “Cops and Cones,” an event held recently in Holland Township. The local Sheriff's office treated kids 12 and under with free ice cream! It’s a simple story, but one that spreads positivity and puts a smile on your face!

While social media may have its downfalls, it has undeniably been a powerful tool in the 21st century, leveraged by both the public as well as the government. As stated by Governor Snyder, “The ever-expanding exchange of information allowed by social media is an important factor in our mission to create a more people-focused government.” Social media allows everyone to join in on the conversation and connect like never before. These platforms provide information the public needs to be well informed and create positive change. To celebrate Michigan Social Media Day today, use the hashtag #SMDay and #SMDayMI on your social media platforms!

The warning, “don’t text and drive” cannot be reiterated enough. However, In the age of social media, distracted driving can involve much more than just texting. Popular platforms such as Twitter, Snapchat, and Instagram can be informative and entertaining, but they can also be incredibly distracting when behind the wheel. Distracted drivers put themselves, as well as others on the road, at risk of serious injuries from distracted driving car accidents. Drivers should keep their phones out of sight so their attention can be fully maintained on the road. If you or someone you know has been involved in a distracted driving automobile accident, call The Michigan Law Firm, PC to speak to an experienced car accident attorney. For a free legal consultation, dial 844.4MI.FIRM.

Detroit Submits Bid for Amazon's New Headquarters

A newly released ad campaign has taken social media by storm, all in the hopes that one of the biggest companies in the world will make Detroit its new home. A video entitled Detroit. Move Here. Move The World. hit social media on Thursday, October 19, 2017, as part of the official Detroit-Windsor bid to be selected as the location for Amazon’s next headquarters, which is being called HQ2.

Source: YouTube - Detroit Moves HQ

According to the Detroit Free Press, Amazon announced a request for proposals for HQ2 in September of 2017, and since then cities across America have gone into a frenzy hoping to win Amazon’s affection. WXYZ Detroit reported that upon hearing about the competition, Detroit Mayor Mike Duggan and Michigan Governor Rick Snyder asked Dan Gilbert to put together a proposal for Detroit. Gilbert is a Detroit businessman and downtown developer, who has been heavily involved in the rebuilding of the city. The deadline to submit proposals was October 19, and the winner will be announced in 2018. Amazon plans on investing $5 billion in their new location, and will employ over 50,000 workers. The full development of the headquarters would be spread out over 15-17 years, and could require as much as 8 million square feet of office space.

According to Crane's Detroit Business, in addition to Gilbert, a 60-person “Amazon committee” was assembled, consisting of business, education, political, and philanthropic leaders. Specific details of the bid regarding tax incentives, mass transportation for employees, and filling such a large talent pool are being held closely guarded by the committee. The video, which has been viewed over 100,000 times on Youtube alone, was put together by journalist and filmmaker Stephen McGee, with a voice over by Detroit-based poet, playwright, and performance artist Jessica Care More. The video features scenes of iconic Detroit locations, businesses, auto manufacturers, and nearby universities.

The Detroit News reported that Gilbert told the Associated Press that “we feel like we have a lot of advantages. One of them is we’re proposing international headquarters on the border of two North American countries. We’ve got a hedge against any kind of immigration issues that might be on either side because you have two countries. You also have a huge, deep talent base in Canada and special universities.” He also added “we have a lot of transportation advantages because Amazon is sort of a transportation company to some degree. All the stuff with autonomous vehicles and drones and aerospace, there is a lot of that in Detroit.” Detroit's history of vehicle manufacturing, as well as developments of autonomous technology, are central to the bid. The video states that Detroit is “where mobility is born.”

There is still a long and competitive process ahead, as Amazon says over 200 cities have submitted proposals. But should Detroit win the bid, it is hard to overstate how much of a boost to the local economy having a company as large as Amazon setting up shop would be. Detroit is in the middle of a revitalization, and what better way to catapult that by having one of the largest and most influential companies in world make Detroit their new home. For more information on Detroit’s bid, visit Detroitmovestheworld.com, or check out #MoveTheWorld on social media.

With a company as large as Amazon moving into Detroit, tens of thousands of people will be added to the daily commute, meaning more accidents are likely to happen. If you have been involved in an automobile accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM, for a free legal consultation with an expereinced automobile injury lawyer.

Drugged Driving Accidents Increase In Michigan

Now that opioid addiction has been declared a national epidemic, it should come as no surprise that drugged driving has increased as well. Although drunk driving is still an issue that many police officers and legislators are combating nationwide, the increase in social acceptance of using marijuana and prescribed medications is making driving under the influence of drugs hard to combat. Statistics from the Michigan State Police (MSP) speak for themselves with "fatal drunken-driving crashes across the state down 36%, while those caused by people impaired by drugs have risen 263%."

"Drunk driving is no longer socially acceptable, but drugged driving is socially acceptable because people don't think it's a problem...I fault the pharmacists and the doctors. They do not do a good job of educating their patients about these drugs," said Candace Lightner, the founder of Mothers Against Drunk Driving (MADD) and We Save Lives.

Drugged Driving Statistics

According to a report released by the Foundation for Advancing Alcohol Responsibility and the Governors Highway Safety Association (GHSA), 43% of motorists that have been fatally injured as a result of a car accident are known to have tested positive for drugs in their system. This number that is surprisingly higher than the 37% of drivers that have tested positive for alcohol in their system after a fatal car crash.

Another scary fact, is that unlike drunk driving, drugged driving has been shown to occur at any time of the day, not just at night or on the weekends, like most predictable drunk driving accidents. According to the Detroit Free Press, The University of Michigan’s Transportation Research Institute collected data from 2011 to 2015 in order to prove there was a correlation between the time of day a drugged driving car crash took place and the results of the driver operating a vehicle while under the influence of drugs. 

"Alcohol-involved crashes are very concentrated late at night and on weekends when bars close, but drug-involved crashes seem to occur at all times of day." said Carol Flannagan, a research associate professor at The Transportation Research Institute.

Drugged driving has grown to be such a major issue on the roads in Michigan that a roadside drug testing pilot has been planned to roll out before the end of this year in 5 undisclosed counties. The Michigan Law Firm, PLLC blog previously discussed the drug testing pilot program.

Michigan Roadside Drug Testing Pilot

Since drugged driving is so hard to convict due to most drivers using drugs that were prescribed to them, Michigan law has allowed for a driver to be legally persecuted if a Drug Recognition Expert (DRE) can prove that the drug(s) impaired their driving. The roadside drug testing pilot will only allow for state approved DREs to identify drivers who may be driving while under the influence of an abused substance and request an oral sample that will be sent off to an independent lab to be tested. If a driver is found guilty, legal repercussions include but are not limited to 15 years in prison, community service, and thousands of dollars in fines and legal fees, according to The Michigan Secretary of State (SOS). The reason behind such harsh punishments is to drive home the seriousness of driving under the influence of drugs (DUID).

The roadside drug testing pilot was influenced in part by a drugged driving car crash took place in Escanaba, Michigan involving a truck driver under the influence of THC, a chemical often found in marijuana. The high driver crashed into an elderly couple,Thomas and Barbara Swift, both 73, on the highway. Thomas died at the scene of the crime whereas Barbara died 3 days later succumbing to her injuries in a hospital. Their son, Thomas Swift, proposed a bill in memory of his parents and Governor Rick Snyder later passed the bill as law.  A second case that highlighted the severity of drugged driving made international news after a driver in a pickup sped erratically in Kalamazoo, Michigan and killed 5 bicyclists before police could arrest him. The driver was identified as Thomas Pickett Jr., 50, and was found not to have alcohol in his system as expected, but methamphetamines, painkillers, and muscle relaxers. He was charged with 14 felonies and is facing trial this year.

With data showing that drugged driving happens throughout the day coupled with the knowledge that 10 million Americans, 12 years and older, have admitted in a 2014 National Survey on Drug Use and Health that they have driven under the influence of drugs, it is enough to scare anyone away from driving. However, people should have faith that the roadside drug testing pilot, once implemented, will hopefully decrease and deter the number of car crashes caused by people driving under the influence of drugs or alchohol. Then, Michiganders will only have to worry about horrible Michigan winters cuasing them road trouble.

It is sad that medications meant to help people handle their illness are oftentimes abused, not only by the prescribed user, but possibly by loved ones too. Until pharmaceutical companies, patients, and lawmakers can come together to figure out how to properly handle this growing epidemic, drugged driving accidents will continue to be a problem motorists face on the roadways. Have you been hit by a drunk driver or a drugged driver? Call The Michigan Law Firm, PLLC at 844.4MI.FIRM today. With our legal team by your side, you can hope to receive any compensation you may be entitled to under Michigan law.  

Michigan Helps Lead the Country In Autonomous Vehicle Regulations

Trying to keep up with the fast-growing autonomous car industry, more than 50 bills have been introduced in 20 states to establish some type of regulation for self-driving vehicles. The Detroit Free Press predicts that autonomous vehicles will transform business models by reducing personal car ownership, restructuring urban and suburban development, and eliminating millions of transportation jobs while at the same time creating many more jobs. Michigan was one of the first states that adopted legislation to make it easier for automakers to test self-driving vehicles on a public road without a driver. Governor Rick Snyder said in December, “We should we proud we’re leading the world, right here in Michigan.” 

Legislation in Michigan also “allows automated platoons of trucks to travel together at set speeds” and “allows networks of self-driving cars that can pick up passengers.” Additionally, Ford’s self-driving Fusions and GM’s self-driving Chevrolet Bolts have been cleared for more testing. 

Michigan is not alone in passing autonomous vehicle legislation. 21 other states and Washington D.C. have also passed legislation or adopted regulations based on a Governor’s executive order. They are: Alabama, Arkansas, Arizona, California, Colorado, Florida, Georgia, Louisiana, New York, Massachusetts, Nevada, North Dakota, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, Vermont, Washington, and Wisconsin.

However, the lack of uniformity among states may be confusing for owners of self-driving cars and could potentially harm innovation. Chan Lieu, an advisor to the Self-Driving Coalition for Safer Streets (whose members include former Google driverless car project Waymo, automakers Ford and Volvo, and ride-sharing services Uber and Lyft) mentions, “If you had 50 different requirements for 50 different states, each state (might do it) different. It’s going to be very, very difficult to build a vehicle to be effectively sold across the country.” This is all the more reason to distinguish states such as Michigan, as leaders in regulating the autonomous vehicle industry. 

Currently, “states are balancing a desire to be viewed as beacons of innovation while also seeking to protect their residents from technology that remains unproven on a large scale.” Federal regulations, on the other hand, may take years to propose and implement new rules on autonomous cars. This timeline may clash with the fast pace self-driving technology is moving at. 

In the past, individual states have regulated driver behavior while the federal government has regulated the vehicle itself. A House subcommittee was scheduled to meet on June 27, 2017 to discuss several drafts of 14 self-driving bills in Washington D.C. Gary Peters, a US senator representing Michigan, said legislation should be introduced in the next few weeks that will lead to “a complete re-write of federal regulations for motor vehicles when you take the driver out of the car.” US Transportation Secretary Elaine Chao said in Detroit, Michigan last month, that the presidential administration will reveal revised self-driving guidelines within the next few months, in order to “incorporate feedback and improvements recommended by numerous stakeholders.” 

Yet with automakers quickly developing autonomous technology, it will likely be up to individual states to create updated regulations as improvements are made. Safety is the main priority for states looking to support advancements while at the same time minimizing motor vehicle collisions. Jessica Gonzalez, a spokesperson for the California Department of Motor Vehicles, said, “We know this technology can save lives. It can mean mobility for millions of people. So we see all the advantages to it, but at the same time we’re tasked with making sure this technology is safe.” 

With Toyota and the University of Michigan collaborating on autonomous vehicles and the US economy preparing for big changes from self-driving cars, it is no surprise that the state of Michigan is heading towards a safe and supportive environment for future technology. In Detroit, major automakers are the backbone of autonomous improvements. USA TODAY Network reports that GM announced the production on 130 self-driving Chevrolet Bolt test vehicles at its plant in Orion township last month, fulfilling the company’s promise to help maintain Michigan’s leadership in the autonomous car industry. Ford is also among automakers that have proposed to launch a fully autonomous vehicle by 2021. 

There is no doubt that the Great Lakes State will do innovative things in the coming years as it helps develop and regulate self-driving cars. However, safety is vital when testing new technologies, as even seemingly perfect dream vehicles may put passengers at risk for being involved in motor vehicle crashes. Above all, autonomous vehicles are breaking new ground in the transportation industry, and it will be up to lawmakers-at both state and national levels-to keep up. 

The State of Michigan is the birthplace of cars, and continues to make strides in the automobile industry. As self-driving technology rapidly develops, states like Michigan are working to regulate autonomous vehicles at a similar pace. Safety remains the main priority, as no state wants to compromise the lives of citizens because of a cool car with no one driving it. If you or someone you know has been involved in a severe motor vehicle collision, please contact The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. 

Update: Roseville, Michigan Man Ticketed For Warming Up His Car

The Michigan Law Firm, PLLC blog recently informed blog readers of an incident that happened last winter when a Roseville, Michigan man left his car running in his driveway with the keys still in the ignition. Nick Taylor Trupiano, 24, was given a $128 ticket that he felt was unfair. He conveyed his upset by posting a picture of the citation and a verbal rant on his Facebook page, on which the Roseville police received unkind remarks. The post led to many other Michigan residents to being concerned on how they could warm up their vehicles in the winter without being charged for endangering the public.  


Following this incident, Republican Rep. Holly Hughes introduced Bill 4215 that would allow citizens to leave their keys in the ignition while the car is running on private property - at their own risk. The bill passed in the House and Governor Rick Snyder just officially signed it into law on June 28, 2017. It should be noted however that the bill does not allow for citizens to leave their cars unattended and idle while on the freeway, but only on their private property. 

Another piece of legislature that Snyder approved was for drivers to show proof of their vehicle’s registration by phone or another electronic form along with their auto insurance when asked by a police officer. This measure will help those who like the convenience of having their documents on their phone or simply want to be green, by using less paper.

Now with the bill signed into law, many Michigan residents can rest easy when warming up their cars during the colder weather months. While this news may cause citizens of Michigan to rejoice, they should remember that a car that is left running for more than 10 minutes is essentially wasting gas, while polluting the environment, and causing damage to their car's engine. In fact, most people who live in cold areas don't even realize that warming up their car by letting it idle isn't even practical. Global News was informed by Car Help consultant, Mohamed Bouchama, that, “the car warms up much faster when it’s driving than when it’s idling...As long as your windows and mirrors are clear of snow and frost, you’re good to go." In other words, Michiganders should just take the time to start the car, clear the windows, and then drive, this winter. 

Bill 4215 has saved many motorists from being fined for something most believed was perfectly legal. However, motorists should still be careful of leaving their keys in the car where any person passing by could potentially steal the vehicle. If you or a loved one have been injured in an auto accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. 

Flint Water Festival Raises Awareness for Flint Water Crisis

While many Michiganders were lighting fireworks and firing up the grill over Fourth of July weekend, the city of Flint hosted its second annual Flint Water Festival to raise awareness for its water crisis and failing infrastructure. As reported by MLive, the festival took place at Riverbank Park in Downtown Flint and consisted of music, a waterworks art program, a F.A.M.E. motivational panel, and fireworks in celebration of Independence Day. Local artists such as Lyric Da Queen, played for Flint residents for 8 hours at the park’s amphitheater. The festival also provided free children's books for families and inflatable bounce houses for kids to have fun.

The Flint Water Crisis

If you have not heard by now, the city of Flint has been without clean water for three years. Per NPR, The crisis started in 2014 after the city decided to cut its water supply from the Detroit Water and Sewerage Department and build its own pipeline that would be connected to the Karegnondi Water Authority (KWA). This move was projected to save the city an estimated $200 million over 25 years. A year after the announcement was made to switch water suppliers in April 2013, the city of Detroit cut the supply of water to Flint. On April 25, 2014, Flint decided to use the Flint River as its water supply while the pipeline was being constructed. Shortly after the switch to the Flint River, water pipe corrosion became noticeable. After this discovery, tests were done and it was discovered that lead contaminants and bacteria such as E. coli were present in the water. Since April of 2014, Flint residents have had to live without clean running water. 

Flint Water Crisis Aid

Last year, the first Flint Water Festival was created to inspire the children affected by the water crisis. This year the festival focused on the continued endeavor of raising awareness about what the city has been going through for the past three years. A point of emphasis was the necessity for better infrastructure. 

Luckily, the city’s calls have not been completely ignored. According to Snopes, in March, 2017, the U.S. Environmental Protection Agency issued a $100-million grant to the Michigan Department of Environmental Quality to aid in the improvement of drinking water infrastructure. Just recently, on June 30, 2017, the U.S. Department of Health and Human Services confirmed that $15-million will be donated the Genesee County Healthy Start Program. Read more about the donation on The Michigan Law Firm, PLLC Blog.

According to Money, the city has also received countless generous donations in the form of money and bottles of water. The most notable donations have come from big name celebrities such as Eminem and Mark Wahlberg, and professional athletes including Detroit Lions' defensive end Ezekiel Ansah. 

The Future of Flint

There is hope for the City of Flint. The residents have certainly shown that they are strong enough to overcome the crisis. In March of 2016, a plan was enacted outlining Flint’s recovery. According to Reuters, highlights of this plan include special medical attention for children under the age of 6 with high contents of lead in their blood, opening three new child health care centers, and replacing contaminated water faucets in numerous public facilities. The plan is also said to provide continued replacement of water pipes, more options for mortgage financing for undervalued homes, and new training programs to at least 500 resident for long-term employment. Rick Snyder, Governor of Michigan, said primary focuses of the plan are the improvement of children’s health care, expanding support of Flint Schools, and the city’s economic development. 

The Michigan Law Firm, PLLC is a Birmingham, Michigan personal injury firm. Our firm handles personal injury lawsuits throughout the state. Call 844.464.3476 today to speak to an experienced injury attorney today. We offer free consultations and honest and fair legal representation.

5 Years Later: Revisiting Michigan's No Helmet Law

Lawmakers and motorcyclists continue to rumble about the 2012 repeal of a Michigan law that previously required motorcyclists to wear a helmet at all times. The new version of the law gives motorcyclists the option to decide whether or not they want to wear a helmet. “Our perspective is that this is a freedom issue and an individual rights issue,” said Jim Roades of American Bikers Aiming Toward Education (ABATE) of Michigan, a nonprofit cycling rights group that was vital in the push for the 2012 repeal. When asked about a potential return of the mandate, Rhoades said, “We would fight tooth and nail. We want people to know we’re not going anywhere.” 

The Republican-controlled Congress does not appear to be showing any signs of bringing back the mandate, although science and statistics reveal the price that’s paid when head meets pavement in a motorcycle crash. 146 people were killed in 2016 due to motorcycle crashes, according to Michigan State Police data, which is the highest number since 1985. MLive reports that from 2000 to 2011, an average of 112 motorcyclists were killed per year. From 2012 (when the law took into effect) to 2015, that number has averaged nearly 126 people. 

In a 2016 study of 345 motorcycle crash victims treated at Spectrum Health Butterworth Hospital in Grand Rapids, Michigan, 10% of riders who were not wearing helmets died, compared to 3% of riders who did wear a helmet. The study also found that not wearing a helmet leads to more severe motorcycle crash head injuries, more days in intensive care, and more time on a ventilator. Additionally, getting into a motorcycle accident without a helmet and living to tell the tale will cost riders more, as the average hospital cost for non-helmeted riders was $27,760, 32% higher than for riders wearing helmets. 

Dr. Carlos Rodriguez, a trauma surgeon at the hospital, told MLive that he happened to be on call the first few days following the law repeal. “We had three or four really bad motorcycle crashes and all of them had not been wearing helmets. It made an impression on me. I thought, ‘Wow, this is more than we normally see.'” The study also found that the number of riders brought to the hospital who had not been wearing a helmet during a crash had quadrupled. 

In 2014, Senator Rebekah Warren, a Democrat from Ann Arbor, Michigan introduced a bill that would restore mandatory helmet use in Michigan. The proposal was so unpopular among the legislators that it never even came to a vote. Warren once again proposed a similar piece of legislation in 2015, but it faced the same fate as the 2014 effort. “It’s very disappointing. This is really a public health issue. We are seeing a lot more injuries and deaths for people not wearing helmets,” Warren said. Warren has also stated that she is seeing growing support for restoring the law from medical groups. However, public support means little if the public doesn’t get a chance to vote on the issue. “I feel like with an issue like this, if we could actually have a hearing on what it means in our emergency room, what this means to our loved ones and what it means to all of taxpayers, I think you could change some minds,” Warren expressed. 

Senator Warren isn't the only one concerned about the risks to one's health that are created by choosing to ride without a helmet. Dr. Nicholas S. Adams of the Michigan State University College of Human Medicine and Spectrum Health in Grand Rapids recently led a study that found the number of skull fractures and other head and facial injuries doubled in the first three years following lawmakers' decision to make motorcycle helmets optional. Researchers estimate that the risk of facial trauma may be reduced by half and facial injuries by more than 30 percent just by wearing a helmet while riding a motorcycle. Despite these facts, a third of motorcyclists do not wear helmets, even in states where they are required.   

Under current law, riders 21 and older may ride a motorcycle without a helmet as long as they pass a safety course or have ridden a motorcycle in the past two years. They are also required to carry $20,000 in medical insurance. Michigan became the 31st state to allow motorcycles to ride without helmets when Governor Rick Snyder signed the bill that was twice vetoed by former Governor Jennifer Granholm. For the time being, it seems the laws will stay the same. Snyder reportedly does “not have any initiative underway to revisit the law," contrary to advice from doctors and researchers such as Adams, who say, "We urge state and national legislators to re-establish universal motorcycle helmet laws."

Motorcycle crashes can put riders, passengers, and other people on the road at risk of a severe injury or fatality. The easiest way to help prevent getting hurt from a motorcycle accident is to wear protective headgear. The endless discussion on whether or not helmets should be required will likely go on for years to come. Yet one thing remains clear: nothing bad ever came from wearing a helmet while riding a motorcycle. 

Previously, The Michigan Law Firm, PLLC blog discussed helpful tips on how to safely ride a motorcycle. In this article, wearing a helmet was the number one tip. Wearing a helmet can be the difference between a trip to the hospital and a trip to the morgue, and in a state with poor road conditions like Michigan, you can never take too many safety precautions. If you or somebody you know has been injured in a motorcycle accident or an automobile crash involving a motorcycle, call The Michigan Law Firm, PLLC. Our attorneys are experienced in working side by side with victims to identify possible legal solutions. Call us today, at 844.4MI.FIRM for a free consultation. 

2017 Michigan Vehicle Registration Increase

Michigan drivers who had a birthday between January to May, might have noticed a slight change in their vehicle registration fee. The increase was due to Governor Snyder signing a bill in November 2015 that is supposed to help raise funds to repair Michigan roadways. The bill didn’t only raise registration fees but gas taxes as well, from 19 cents to 26.3 cents on top of sales tax, and the bill forces hybrid car and electric vehicle owners to pay an additional fee on top of the 20% increase. (Electric vehicle owners have to pay $135 and hybrid vehicle owners pay $47.) The increase in both registration and gas fees is expected to collect $600 million that will be used for road and transportation purposes.

How Are The Funds Being Applied?

It was discovered that all of the money raised by these increased fees and taxes isn’t going to the state's transportation fund. The Mackinac Center for Public Policy reported that the transportation budget will only have $160 million and not the $460 million dollars that was estimated to be collected this year. This begs the question, “Where are the rest of the funds?" 

Supposedly, the remaining $300 million is instead being spent on Medicaid and school funding. Legislators state that the reason for the switch was because in previous years of tax revenues, money earmarked for these other causes, was scraped to pay the transportation funding costs.

How Do Drivers Feel About The Tax Hike?

The increase in taxes might have come as a disappointment to many drivers who share the same sentiment as Flint resident Sabrina Smith, 24, who said, “They don’t do anything around here, we still have busted roads and we’re still going to have busted roads."

As a counterpoint, Bob Johnston from Holland, Michigan disagreed with Ms. Smith's sentiment and said, “I absolutely understand the need for it. There’s a huge loss in economic development if we don’t have good roads and infrastructure. We need good roads.”  

So, there seems to be mixed feeling about the tax increase among the citizens of Michigan. However, Michiganders should remember that having an up-to-date vehicle registration is required in Michigan. Any driver who is concerned about how much they need to pay to register their vehicle can find the cost on the Michigan’s Secretary of State registration fee lookup tool. Michigan drivers should also keep in mind that the Trump Administration released a $1 trillion infrastructure plan on June 13, 2017 that might affect the current fees in place.

Though all of the money raised in the tax increase won't go toward infrastructure repair, Michiganders can still expect to see plenty of road rebuilding, bridge repairs, and other construction work this Summer. As such, it is important that motorists, bicyclists, and pedestrians be extra cautious when traveling around construction sites as construction motor vehicle accidents are likely to occur. By keeping alert at construction sites, obeying construction traffic signs, and by driving more slowly and extra cautiously, construction site car accidents may be avoided.

Michigan motorists may have to redo going their budgets this year thanks to an increase in registration fees and fuel taxes. Although many drivers will hate the increase, it comes as a trade off to higher auto repair costs due to the crumbling infrastructure of Michigan roads. If you or someone you know have been injured in a motor vehicle accident due to damaged roads or damaged infrastructure, call The Michigan Law Firm, PLLC today for a free consultation, at 844.4MI.FIRM.

Michigan Roadside Drug Testing Pilot Delayed

Rick Snyder signed a bill in June 2016, instructing Michigan police to create a roadside drug testing pilot program in five counties in Michigan. The criteria for picking the five counties will be based on the number of impaired driving crashes, impaired driver arrests, and the number of Drug Recognition Experts (DRE) in the county. 

Why Was The Bill Passed?

The bill was signed because of an incident which took place in Escanaba, Michigan. A tractor-trailer driven by Harley Davidson Durocher, ran a red light and killed Barbara and Thomas Swift. Durocher, was sentenced to 5 years in prison after toxicology reports showed that he had THC, a chemical usually found in marijuana, in his system. After the death of his parents, Brian Swift contacted the Republican senator of Escanaba, Tom Casperson, to create a better way to catch and charge drivers under the influence of drugs. Thus the roadside drug testing pilot came to fruition.

What Does The Roadside Drug Testing Pilot Include?

"The five-county pilot program will be used to help determine accuracy and reliability of the tests." Gov. Rick Snyder said in a press release after signing the bill. 

Reports from the Office of Highway Safety Planning listed Michigan as having 99 certified DRE officers covering 37 counties. Michigan State Police spokeswoman Shannon Banner reassured the public that DRE officers have to undergo “highly specialized training” in order to identify people who are drug impaired. Banner also insisted that the test will only be administered by DRE officers who are employed by the state, county, and municipal agencies involved in the pilot. 

Banner told MLive that, "In order to receive an oral fluid test, a driver must be suspected of impaired driving -- there will be no random traffic stops or traffic checkpoints. The police officer making the traffic stop must follow established policies and procedures and have reasonable suspicion to make a traffic stop."

If someone suspected of having drugs in their system while driving refuses to take the oral fluid test, they will acquire a civil infraction, as the new law states. During the course of the year that the pilot program will be running, an independent lab will conduct and confirm the testing to ensure the accuracy of the test kits, along with its handling.  

Who Opposes The Drug Testing Pilot? 

The main opposing force for the bill is Attorney Neil Rockind of Rockind Law, who argues that the bill is setting a dangerous precedent for Michigan motorists to be treated as guinea pigs. Rockind said, “The criminal justice system wants to take science and turn it into a fast, easy utility...science is neither fast nor easy...People are not guinea pigs. No citizen should be the subject of a test program when their liberty and way of life are on the line."

Is The Pilot Underway? 

In an article concerning the rise in traffic fatalities in Michigan, Michigan Office of Highway Safety Planning Director Michael L. Prince said, "Some trends are emerging, especially with regard to drug-impaired traffic deaths, and our office is aligning resources accordingly. More resources are available to train law enforcement officers in the detection of drug-impaired drivers and OHSP is continuing federal funding for impaired driving traffic patrols throughout the year."

Prince's comment seems to imply that the roadside drug testing pilot is still under delay even though it was rumored to start in Spring of 2017. In spite of this pilot being able to prevent or at least bring awareness to the 10 million people who choose to drive while on drugs nationwide, the Michigan State Police have yet to finalize the five counties chosen for the pilot. 

When the program is put into effect however, hopefully the number of car accidents involving drug and alcohol use will go down. In the meanwhile, drivers should be extra cautious on the road. Keep clear of drivers who are not following road rules, in order to avoid becoming involved in a car crash. On the other hand, if drivers plan to drink, they should find an alternative way to get home that doesn't involve putting themselves behind the wheel, so they don't harm other innocent drivers.

Once it's in effect, the roadside drug test pilot could possibly cut down the number of accidents and thereby prevent deaths and serious injuries caused by drivers under the influence. If you or someone you know has been in an accident caused by an impaired driver, call The Michigan Law Firm, PLLC. Victims of drunk driving accidents deserve an attorney who will stand by them and fight for their rights. Call us today, 844.4MI.FIRM for a free consultation.