Valentine's Day Drunk Driving Dangers

Today is one of the most romantic days of the year - Valentine’s Day! In case you didn’t remember, it’s not too late to buy that box of chocolate or grab a bouquet of flowers. For those who did remember, I’m sure many loved ones are in for a wonderful and romantic dinner. Some restaurants even offer special menus that pair special Valentine’s dishes with the perfect corresponding alcohol to enhance the romantic dining experience. Whether dining at the most popular restaurant in town with a three month waiting list or proclaiming love over chicken wonton tacos at Applebees, most lovebirds will be toasting their love with alcohol! To many people, Valentine’s Day isn’t being celebrated properly if there isn’t a champagne toast, a fancy cocktail, or a chocolate stout beer involved. In fact, Valentine’s Day is the 3rd highest drinking holiday in America!

That’s right, Screener says that the amount of alcohol consumed on Valentine’s Day is only topped by how much Americans drink on Super Bowl Sunday and New Year’s Eve. And in fourth and fifth place on that list are the 4th of July and Halloween. Screener obtained this information from BACtrack, which is a company that makes breathalyzers to test a person’s blood alcohol content (BAC). BACtrack performed a study in which they gathered over 100,000 anonymous BAC test results from users of BACtrack Mobile, their award winning smartphone breathalyzer. This information was compiled into the BACtrack Consumption Report, which is regularly updated.

The Centers for Disease Control and Prevention (CDC) states that about 28 people die daily because of drinking and driving. And that is just any other day. However, as shown by the BACtrack Consumption Report, national alcohol consumption is at its peak over the holidays. There’s nothing wrong with eggnog on Christmas or a candy corn jello shot on Halloween, but it’s when driving is added to holiday drinking that there is an issue.

According to the U.S. Department of Transportation, about 300 people over the past 5 years died in drunk driving automobile accidents between Christmas and New Year’s alone. Combine this knowledge of holiday drunk driving fatalities with information from a 2017 OpenTable survey which found that 71% of people plan to dine out for Valentine’s Day, and it is reasonable to assume that there will be a marked increase in drunk driving auto accidents today. Many couples will be going out to dinner and enjoying a glass or two of wine with their steak or heart-shaped pizza, only to drive home under the influence of alcohol and risk becoming involved in a drunk driving auto accident. It’s important to note that, according to West Virginia University, even one drink may decrease attention span, limit reflexes, and overall hinder a person’s ability to safely drive.

No one wants their special night ruined because of a drunk driving automobile accident. By not drinking and driving this Valentine’s Day, you can be sure that you are not causing a drunk driving car accident. Just because you’re not drinking and driving though, doesn’t mean that others aren't. Considering how many more people are on the road than usual on Valentine’s Day, and how many of those people have possibly consumed alcohol, it only makes sense that the number of drunk driving car crashes will increase today.

TABC Certification has several suggestions on how to avoid being involved in a drunk driving automobile accident this Valentine’s Day:

How To Avoid Valentine’s Day Drunk Driving Car Accidents

  • Hire a private car for the evening - Not only is this safer, but it also shows how much you appreciate your partner when you hire a chauffeur for the evening so you can enjoy drinking without guilt.

  • Stay at a hotel - If you want to avoid driving altogether, consider staying at a hotel with a well-reviewed restaurant. That way, you can drink as much as you want before heading up to your room.

  • Create a unique night in - Consider staying at home for Valentine’s Day. Send any kids to a babysitter and create your special night in your own home.

  • Choose your own Valentine’s Day - Valentine’s Day is a busy day for restaurants. Consider celebrating Valentine’s Day on a different day to avoid overcrowded restaurants and overpriced taxi prices.

  • Abstain from alcohol - Enjoy the night without alcohol. This is easier if both abstain from alcohol for the night.

Another tip, especially for those who want to stick to a budget, is to use the chauffeur services of ride sharing apps like Uber and Lyft. Even public transportation is a good way to avoid drunk driving, especially if your special night involves more than one activity.

Drinking and driving is never safe. Valentine’s Day should be a time to enjoy with your partner and not your drunk driving accident attorney. Stay safe with your significant other on the road this Valentine’s Day by not drinking and driving. If you or a loved one have been the victim of a drunk driving automobile accident, call The Michigan Law Firm, PC at 844.4MI.FIRM for a free legal consultation.

Are Automated Traffic Cameras Harmful to Drivers?

You are driving home from work, eager to beat rush hour. You pull up to a red light intending to make a right turn on red before oncoming traffic approaches. You successfully make your right turn, however, you happened to miss the ‘no turn on red’ sign in your rush to evade the traffic! Now, a Michigan State Police officer has stopped you and has given you a $130 ticket for making an illegal turn.

Despite the pain of receiving a traffic ticket, Michigan drivers may actually have it better than drivers in 25 other states in the US. In each of these 25 states, at least one form of automated traffic cameras have been permitted to monitor traffic and automatically punish offenders. There are two forms of these traffic cameras: speed enforcement cameras and red light cameras. Each of these cameras is equipped with a trigger and a computer. As reported by PhotoEnforced, once a driver has committed a traffic violation by exceeding the speed limit or running a red light, the camera is triggered and automatically snaps a photo of the act. The snapshot and a traffic fine is then mailed to the owner about a month later.

According to The Detroit News, these automated cameras have proved extremely lucrative for some cities and states. Since first installing automated cameras in 2003, Chicago has raised $625 million from traffic fines alone! Using over 400 cameras, Chicago currently collects about $45 million from traffic violations annually. After being hired by the city to study the effects of the traffic cameras, Northwestern University (NWU) reported a 14% increase in rear-end accidents in intersections where cameras were present. NWU also found that the public perception of the cameras is that they are very unfair due to the “dilemma zone.”

As The Michigan Law Firm, PC blog previously discussed, the dilemma zone is the zone in which the yellow light turns red and the driver has to decide whether to brake immediately or drive through the intersection. To back up driver displeasure, NWU studies found that traffic violations are actually reduced if yellow lights are extended from three to four seconds. This time extension allows the driver more time to cross the intersection safely and avoid colliding with other cars. 

All of the information collected in NWU's study is important because, according to The U.S. Department of Transportation's (USDOT) Federal Highway Administration, in 2015, vehicle travel reached an all time high with over 3.1 trillion miles traveled. Among the 6 states with the lowest fatality rate, 5 have all banned automated traffic cameras.

How Some States Deal With Automated Cameras

The Texas Transportation Institute supported the claim to lengthen yellow lights by reporting a 40% decrease in intersection car collisions when one second is added to yellow lights. Adding an extra second does not come without a cost, however. Georgia tried mandating the extension of yellow light signals too, but as a result, private companies running the traffic signals went bankrupt due to the decrease in traffic violations.

Some other states have been modifying their laws regarding the use of automated cameras. In Oxnard, California, after collecting over $2 million from traffic violations in 2016, a court found the city guilty of not extending yellow light times after it had been mandated by the state 2 years prior.

In North Carolina, almost all automated cameras have been removed after the state ruled that all profits are to go to school systems rather than private companies. On the contrary, after banning red light cameras in Virginia in 2005, the state reinstated the cameras in July of 2016.

Automated traffic cameras are less harmful to drivers when the yellow light is extended in their favor. Regardless of whether the traffic light is being run by a city or private company, when the yellow light is purposely shortened in an attempt to collect more revenue from tickets, the driving situation becomes harmful to the driver. In the case of shorter yellow lights, drivers have to decide whether to brake abruptly or proceed through the intersection and assume the risk of running a red light, both of which are actions that can result in dangerous car accidents.

Although Michigan does not permit the use of automated traffic cameras, the risk of being involved in an automobile accident at an intersection or traffic light is still prevalent. In some circumstances, the absence of traffic cameras could lead to drivers speeding more often and driving more aggressively at intersections.  If you have been involved in any type of car accident, call The Michigan Law Firm, PC at 844.4MI.FIRM for a free consultation. Our accident attorneys are here to answer any questions you may have regarding any benefits you may be entitled to under Michigan law.

Winter Weather Means Hazardous Driving Conditions

While a lot of us may love the holiday season, one not so joyous thing that comes with it is the weather. What's particularly bad is that winter weather affects roads and can make driving dangerous. While fresh snow may be a pretty sight to see on Christmas morning, it’s a lot less pretty when it’s causing car collisions on the road. Unfortunately, snow, sleet, and ice, are responsible for a significant number of automobile accidents in winter months.

According to the U.S. Department of Transportation (USDOT), over 70% of roads in the U.S. are located in areas that receive at least 5 inches of snow on average each year. Nearly 70% of the U.S. population lives in these areas, meaning the vast majority of us have our drives impacted by winter weather conditions to some degree. Heavy snow and sleet reduce visibility of the road, and snow accumulation reduces the number of cars that fit on the street, as well as how fast vehicles are able to travel. On surface roads, speeds decrease by an average of 30-40% in snowy and icy conditions. On the freeway, speeds decrease by an average of 3-13% in light snow, and 5-40% in heavy snow. Snow and ice on the road also reduce pavement friction and vehicle maneuverability.

Data from the National Highway Traffic Safety Administration (NHTSA) shows that of the 5,748,000 crashes that occurred between 2005 and 2015, 1,259,000 (22%) were weather related. This is an average of about 5,900 weather related automobile accidents per year. Of crashes caused by weather, precipitation and wet pavement were the most common causes, which is unsurprising because these conditions occur year round. Of weather conditions that are specific to winter months, 17% of crashes occurred during snow or sleet, 13% occurred on icy pavement, and 14% occurred due to snowy or slushy pavement. Rapidly changing conditions, such as a sudden blizzard, are the most dangerous conditions, as road visibility can change in an instant.

Road salt is commonly used to help reduce the effects of winter weather on the road. USDOT reports that winter road maintenance makes up 20% of state DOT maintenance budgets. State and local agencies spend approximately $2.3 billion on snow and ice road repairs. Salt has proven to be extremely effective in keeping drivers safer. According to a study done by Marquette University, road salt reduces the number of car collisions by 88%, injuries by 85%, and accident costs by 85%.

It’s clear that winter weather conditions make roads more dangerous and car accidents more likely to happen. However it’s unrealistic to expect drivers to just not go anywhere when it snows (especially in Michigan, where the winters can be very, very long). The Michigan Secretary of State offers the following tips for driving in winter weather.

While following these tips can’t guarantee you won’t get into a winter car accident caused by snow or ice, it may help reduce the risk of motor vehicle collisions, and keep you and your family safer if you should be involved a car crash. The holiday season is a celebratory time of year, but it’s important to be aware of the driving hazards that also occur. These scary winter car accident statistics aren’t meant to keep you in your house all winter, but should serve as an important reminder of the additional hazards winter weather poses to driving.

While winter weather conditions do make driving more dangerous, the truth is that car crashes happen all year round. If you have been involved in an automobile accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. 

Judge Throws Out Apple Lawsuit Relating To Distracted Driving

Should the manufacturer of a phone be held responsible for an automobile accident that was caused by someone using one of their phones while driving? It’s a question that likely isn’t going to disappear anytime soon, but at least according to one California judge, the answer is no.

According to Apple Insider, a class action lawsuit was filed against Apple in Los Angeles, California in January of 2017. The suit included victims and loved ones of victims who died in automobile accidents that were caused by a driver using an iPhone while behind the wheel. The suit claims that Apple had the technology to prevent texting while driving since 2008, and had a patent for it since 2014. The suit alleges that Apple refused to implement the technology as they were afraid it would cause them to lose sales to other phone manufacturers who weren’t using such technology. As a result, iPhone owners were able to text (or otherwise use their phone) while driving, injuring and killing others on the road. The plaintiffs wanted Apple to be held accountable for allowing drivers to be able to use their iPhones while driving.

But according to a circuit court judge in Santa Monica, California, it’s unreasonable to hold Apple accountable for the ultimate harm that is caused by an accident in which an iPhone was involved. As a result, the case was thrown out in August of 2017. Had the suit gone to trial, the plaintiffs were asking for Apple to halt production of iPhones in California until they would be manufactured with “lock out” technology, and that all current iPhones be updated to include the technology that prevents drivers from being able to use their iPhone while driving.

That ultimately didn’t happen, as the case was thrown out. But in the meantime, Apple has launched a new setting called “Do Not Disturb While Driving”, as part of their iOS 11 software update. As The Michigan Law Firm, PLLC blog previously mentioned, when enabled, Do Not Disturb While Driving mutes calls, notifications, and text messages, and keeps the screen dark. iPhone owners can also have the feature auto-reply to text messages, letting the contact know that the person is driving.

The safe driving feature turns on automatically when it detects an accelerating vehicle, or drivers can program the setting to turn on whenever the phone connects to their vehicle’s Bluetooth. There is an “I’m Not Driving” option for those who are riding in a car as a passenger, but of course there’s nothing really stopping the driver from claiming they are not driving, in order to be able to use their phone. Because of this, some feel as though the feature doesn’t go far enough to prevent a driver from engaging in distracted driving behaviors. They believe that Do Not Disturb While Driving should turn on automatically, without the driver having to enable it, and that there should be no option to turn it off. For similar smart phone apps that lock drivers out of their phones while driving, check out this blog post from The Michigan Law, Firm, PLLC.

While there may not be a perfect solution yet, it is clear that a solution is desperately needed. Distracted driving is one of the most dangerous driving behaviors a driver can engage in, risking not only their life, but the lives of everyone else on the road as well. According to the National Highway Traffic Safety Administration (NHTSA), 3,477 people were killed in distracted driving car accidents in 2015 alone. On top of that 391,000 people were injured in distracted driving car crashes.

The aforementioned Apple lawsuit cites data from the United States Department of Transportation, which reports that 1.5 million people are texting while driving at any given moment. They also cite data from the California Highway Patrol and the Federal Highway Administration which notes that iPhones specifically caused 52,000 automobile accidents in California each year, as well as 312 deaths in 2015.

Regardless of whether or not Apple should be held responsible for automobile accidents caused by iPhones, the lesson here is that distracted driving is incredibly dangerous. While features like Do Not Disturb While Driving and other apps that lock drivers out of their phones while in a vehicle are helpful, it’s ultimately the driver’s choice as to whether or not they use their phone while driving, not the manufacturer's. No text or phone call or playlist is nearly important enough to take your eyes off the road, and could mean injury or death for you, your passengers, and other people on the road.

Distracted driving in any form is absolutely never okay. Regardless of whether or not your phone has technology that can prevent you from using it while driving, it's ultimately up to you to decide to put the phone down when you're behind the wheel. Even if you can choose to put the phone down however,  you can't control other people's actions, and car accidents can still happen. If you have been the victim of a distracted driving accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation.  

First Snowfalls Causing Car Collisions Across Michigan

The snow has started in Michigan, and unfortunately, the dangerous impact it can have on roads is already being seen. In only the first week of December, numerous car collisions caused by hazardous weather conditions were already reported.

In western Michigan, accidents involving over three dozen cars were reported by the Detroit Free Press. On Thursday, December 7, 2017, westbound I-94 in southwestern Michigan was closed due to various pileups that began around 9 AM. An initial twenty car pileup was then quickly followed by a ten car pileup. Eight other smaller accidents were also reported that day, including one car accident involvign a pickup truck that slid into oncoming traffic, sideswiping an SUV. Luckily, only minor injuries were reported. The car accidents occurred near Mattawan, Michigan, in Van Buren County. Slippery road conditions were cited as the cause of all of these automobile accidents.

The Detroit Free Press also reported on a tragic scene that was caused by winter weather conditions in northern Michigan. On Wednesday, December 6, 2017, a 25-year old man was killed after he was hit by an oncoming vehicle as he was clearing snow from his driveway. The man was using a snowblower when a 25-year old female driver lost control of her vehicle, hitting the man. The accident occurred in Kingsley, Michigan, which is located in Grand Traverse County. The names of those involved in the accident have not been released as an investigation is ongoing.

Accidents like these are unfortunately common throughout the United States as winter weather starts to set in. According to the U.S. Department of Transportation, nearly 22% of car collisions that occurred between 2005 and 2014 were caused by hazardous weather. Those accidents killed an average of 5,900 people each year, which accounts for 16% of annual vehicular deaths. Of accidents caused by hazardous weather, wet pavement was the most common culprit, being responsible for 73% of all weather related accidents. Snow and sleet precipitation accounted for 17% of all weather related accidents, snowy and slushy pavement accounted for 14% of these car crashes, and and icy pavement accounted for 13%.

These numbers are scary, and Michigan winters are cold and long. This doesn’t mean that you should never get in your car again until April, but it is important that drivers are aware of the hazards that snow, sleet, slush, and ice can present. Practicing safe driving behaviors is always important, but especially so when driving in hazardous weather. Drivers should first make sure their vehicles are ready for winter driving. Steps to make a car winter ready can be found on The Michigan Law Firm, PLLC blog. Once a car is winter ready, drivers should take their time on the road and be sure to leave enough stopping distance between themselves and other vehicles. Finally, If the weather really seems just too dangerous to be driving in, it’s likely that most businesses will be closed, and you don’t need to brave the elements and risk injuring or hurting yourself or others.

Accidents happen year round, but the truth is that winter weather conditions make car accidents even more likely. If you or a loved one have been involved in an automobile accident caused by hazardous weather such as snow or ice, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation.

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.