Dog Bites Owner Over Christmas Sweater

Last holiday season, a pit bill mix named Scarface living in Tampa, Florida attacked his owner after she tried to put a Christmas sweater on him. As the owner, Brenda Guerrero, went outside and tried to place Scarface in the sweater, he turned and retaliated by biting down on Guerrero’s arm, according to AOL News. Hearing the commotion, Guerrero’s husband, Ismael, came outside and tried to help by pulling the dog free from his wife, but was also attacked. Guerrero's son, Antoine Harris, eventually stopped the attack by stabbing the pit bull mix in the head and neck. The pit bull mix also attacked Harris before the three victims were able to flee inside the house for safety. 

When the Tampa Police and the Hillsborough County Animal Control arrived, they attempted to tranquilize Scarface, but were unsuccessful. The dog was able to run into the house where two small children were also residing. During this time, authorities switched tactics by using a bean bag gun and a taser to subdue the dog, and then captured him with a catch-pole. Authorities told the Tampa Bay Times that both Guerrero and her husband were rushed to the hospital where Guerrero’s injuries were believed to be serious but not life threatening. 

Scarface was euthanized sometime on January 3, 2017, Fox 6 news reports. Kara Walker, spokeswoman for Hillsborough County, said that the pit bull mix was put down due to posing a safety risk to the public and because of the severe stab wounds sustained by Harris during the attack. 

Pit bills like Scarface contributed to 71% of total recorded dog bites in 2016. Dogsbite.org also says family dogs inflicted 45% of dog bite fatalities in 2016. While dogs have a reputation of being man's best friend, they may sometimes attack for reasons we are not able to comprehend. It is important to treat our pets with respect and monitor their behavior in an effort to prevent dog bite accidents. This means, that if a dog isn't comfortable wearing clothing, don't force it to! The holiday season is a time for joyous celebration with family, friends, and pets. Don't spend yours in the ER because Fluffy wouldn't wear his jingle bells.  

Dog owners have to train and familiarize their pet with wearing animal clothing before forcing outfits on them. If owners are not careful, there is the possibility that animals will become agitated and lash out - much like the Scarface the pit bull mix. Don't ruin your holiday season by making your pet match the family for the Christmas card. If you or someone you know has been injured in a dog bite accident, contact The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. 

Beware Of Traffic Light Camera Ticketing

With the holiday season fast approaching, thousands of Michiganders will do doubt be travelling to see their families or even to take a winter vacation. While many may choose to fly, driving is also a popular travel method to reach nearby destinations. While roadtrippers are crossing between states, they need take into consideration any differences in state road laws, particularly at intersections. Unlike Michigan, the Detroit News says 23 other states use automated ticket cameras to fine drivers unaware that they are being filmed for breaking the law. 

Privatized traffic law enforcement systems are growing in number throughout the United States, but Michigan has yet to follow the trend. The fact that Michigan hasn't followed suit may be for the best since many states have had negative experiences, and even scandals arise from the use of ticketing cameras. While traffic cameras were designed to make drivers follow road rules, since even just seeing a camera causes motorists to slow down, this is the exact reason they also caused trouble when drivers are ticketed after driving through an intersection during the “dilemma zone." The dilemma zone refers to the time frame in which a driver has to make a split-second decision to proceed through or slam on their brakes to stop, when a traffic light has just turned red.

Additionally, a study conducted in Los Angeles, California highlighted how red-light cameras led to an increase in traffic accidents, predominantly rear-end car crashes from drivers slamming on their brakes after seeing the camera's flash. This study led to many cities in California to break their contractual agreement with the traffic camera companies and even discover that one city's police department purposely stopped recording the information received from the traffic cameras in order to hide the results.

The scandals occurring in other states who use ticketing cameras at intersections include companies bribing local officials, automated ticket companies refusing to use the money acquired through traffic citations for public school funding, and privately owned ticket operation companies placing profit over traffic safety by setting ticket quotas.

It is for all of these problems with traffic cameras that Michigan Senator Mike Shirkey introduced Senate Bill 593 in November 2015. The bill suggests banning the use of unmanned traffic monitoring devices to detect or enforce traffic violations concerning speed limits, signals, traffic signs, etc. 

Shirkey has said, “The recent scandals that took place in other states (related to ticketing cameras at intersections) show the true nature of some of these programs, and Michigan drivers have always, thankfully, valued freedom and we've avoided the added stress that cameras and their inaccurate ticketing can present.”

For now, Michigan residents can rest easy that the traffic cameras currently in place at select intersections across the state are simply there to monitor the flow of traffic. That doesn’t mean however, that drivers should disobey traffic signs or forget the laws of the road. Police can and will issue traffic citations which may be difficult to fight in court and may lead to points being added to a motorist's license, no matter if the ticket is received out-of-state or in-state.

Although some Americans relate traffic cameras to sinister government objectives such as increasing tax rates and invading citizens privacy, and point to the above mentioned scandals as proof, these state governments view traffic cameras as a safety addition to their city which keeps down traffic violations and keeps school zones safe. So, when you're driving to Bubbe's house for Hannukah this year, mind your speed or traffic cameras won't mind giving you a speeding ticket. It's better to eat cold latkes than have to explain to your Michigan accident Lawyer that you got rear-ended in Ohio when you slammed on your brakes at a traffic light that took your picture for speeding. 

Red light cameras and speeding ticket cameras seem to be a reasonable safety measure for many American lawmakers who are working to help decrease and prevent auto accidents and traffic violations. While Michigan doesn't employ cameras to catch speeding or rule breaking drivers, Michigan drivers should always remember to follow the rules of the road to avoid getting in trouble with the law and to avoid getting into motor vehicle accidents. If you or somebody you know has been injured in an auto accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation with an experienced accident attorney.

Helping Spinal Cord Injury Patients Walk

Many people are aware of the various injuries resulting from a car accident such as whiplash, traumatic brain injuries (TBI), and even post-traumatic stress disorder. But many are not aware of the lengths that some patients have to go through in order to heal from another commonplace auto accident disability known as spinal cord injury (SCI). A patient with a SCI faces high mortality rates within the first year of their injury if it is not properly treated. Accident victims diagnosed with SCI may face thousands if not millions of dollars in medical fees in order to recover their health.

With auto accidents accounting for approximately 38% of reported SCIs, followed by falls, acts of violence like shootings, and physical activities such as sports,  A SCI can potentially, if not permanently, affect an injured person's way of living. Approximately 5.4 million Americans are dealing with paralysis in the form of tetraplegia, paralysis of all four limbs, or paraplegia, paralysis of the legs and lower half of the body.  That number is estimated to grow around 17,000 every year due to newly reported cases of SCI according to the National Spinal Cord Injury Statistical Center (NSCISC). As a result, the National Centre of Competence in Research Robotics at Federal Institute of Technology in Lausanne (EPFL), and at the Lausanne University Hospital in Switzerland, have created an algorithm along with robotic assistance, that may help spinal cord injury patients walk naturally.

The authors of the study have discovered that patients dealing with SCIs are having difficulty making their muscles move again because of muscle mass loss and their nervous systems “forgetting” their natural muscle movements. Armed with this knowledge, the researchers put their teams to work in creating an algorithm for a  robotic physical therapy harness that would be attached to the ceiling while patients walked on a treadmill. Through the invention of the harness and gravity, patients will adjust their gait more naturally due to their own weight. After testing a small sample of 30 patients, the researchers saw encouraging results in their patients' gait and motor functions after only an hour of training with the new and improved harness. The inventors of the harness state that they took into consideration the patient's leg movement, the length of stride, and muscle activity in order to help their patients walk better than they would if they were using the traditional rehabilitation treadmill method.

“The smart walk assist is an innovative body-weight support system because it manages to resist the force of gravity and push the patient back and forth, to the left and to the right, or in more of these directions at once, which recreates a natural gait and movement that the patient's need in their day to day lives.” the authors wrote in Medical News. Prof. Jocelyne Bloch from the Department of Neurosurgery at Lausanne University Hospital added, “This is a smart, discreet, and efficient assistance that will aid rehabilitation of many persons with neurological disorders."

This medical discovery can help future SCI victims gain their independence by helping them heal quickly and possibly decrease the mortality rate of patients who die within the first year of being diagnosed with SCI. Hopefully, rehabilitation clinics will not have to wait long to utilize the harness and will be able to help their patients get back on their feet with little to no complications in the not so distan future.

Spinal cord injuries and traumatic brain injuries are serious reasons why victims of car crash accidents should immediately seek medical attention after their car accident. Diagnoses and treatments are usually critical within the first few hours to days after symptoms manifest. If you or a loved one is suffering from a TBI or SCI after being involved in an auto accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM. We offer free consultations and have experience working with clients diagnosed with SCIs and TBIs. 

Women In Michigan Pay More For Auto Insurance

It's 2017 but women still can't win for losing. On top of consumer pricing bias such as Pink Tax and gender based wage gap, women in Michigan are faced with another issue - paying more for auto insurance.

Independent insurance expert Doug Heller, the same Doug Heller who shockingly revealed in August that low wage Michiganders pay more in auto insurance than their more affluent counterparts, conducted a new study into insurance gender prejudice. Heller produced the survey under the Coalition Protecting Auto No-Fault (CPAN) by collecting around 100 online premium quotes and comparing women and men with the same factors such as addresses, mileage, vehicles, and driving record, within the cities of Brighton, Michigan and Detroit, Michigan.

In the end, 3 insurance companies were shown to be biased when it came to premiums between the sexes. The medal for most prejudiced goes to Progressive, for charging women 38% more than men with the same demographics. Esurance comes in a close second charging woman 33% more than men. In another kind of bias Liberty Mutual charged both sexes 5% more if they were widowed. Heller’s survey showed that in general, if women happened to be single or widowed, they were charged 5% to 10% more than women who are married. 

In response to the survey's findings, the 3 insurance companies replied to Channel 7 News as follows:

Progressive commented, “Our rating factors are actuarially justified and in compliance with all state laws and applicable insurance statutes.” Liberty Mutual opted for the route of assurance stating that one of their principles is treating everyone equally, without discrimination, and embracing an inclusive environment for all. Esurance really didn’t offer a statement, just a suggestion that those inquiring answers should look to the Insurance Alliance of Michigan (IAM).

Illegal Auto Insurance Pricing

Despite the auto insurance companies stating that their pricing difference based on sex is within the law, CPAN alleges that this very act is very much illegal according to Michigan’s Insurance Code of 1956. In section 4 it clearly states, “An insurer shall not establish or maintain rates or rating classifications for automobile insurance based on sex or marital status."

Heller argued, “When insurance companies are allowed to slice, dice, and price Michiganders according to personal characteristics that have nothing to do with their driving, many good drivers end up paying more than they should or driving uninsured, and it's one of the reasons premiums are so high in Michigan.”

It almost seems like fighting with auto insurance companies is like battling tobacco companies back in the 1950s. It’s no wonder why so many people are distrusting of insurance agencies today. With Michigan’s No-Fault under scrutiny, one can hope and act through their political representatives to make sure that biases such as this are no longer permitted by auto insurance agencies. A few rotten apples shouldn’t spoil the bunch.

One step forward, ten steps back seems to be the song and dance women have been enduring when it comes earning equality among the sexes. Even though data collected by the Insurance Institute for Highway Safety shows that men are more likely to engage in risky driving habits, drink while driving, and more likely to be involved in fatal car accidents, women are still unfairly charged more for insurance. If you or a loved one has been involved in an auto accident, call 844.4MI.FIRM for a free consultation with an experienced attorney at The Michigan Law Firm, PLLC, today. We are here to help you!

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.  

New Ambassador Bridge Coming To Michigan

Remember back in September 2015 when the Moroun family was against a second Ambassador bridge being built and filed a lawsuit to make sure their privately owned bridge stayed in business? Well, it looks like they are finally getting their way, sort of.

Despite the constant back and forth between Canadian officials and the Moroun family, Manuel Moroun to be specific, the family has received permission from the Transport Canada federal agency to build their second Ambassador Bridge. The permit has been at least a year in the making and comes with a few stipulations. Canada is requesting that the Morouns demolish their previous Ambassador Bridge once their new bridge is complete and ready for use. Additional requirements include environmental protection, protection of Canada’s indigenous people, infrastructure improvement, and the creation of green spaces.

Out With The Old, In With The New

In the late 1920s, the Ambassador Bridge was one of the biggest and daring bridges to be built, now it is old and showing it’s age. The bridge can barely sustain the amount of traffic and trade that comes across every day since it was built with only 4 lanes. According to the Detroit Free Press, in a statement on September 6, 2017 Manuel Moroun said that the new Ambassador Bridge is expected to have 6 lanes not including lanes dedicated to NEXUS, FAST, and bus traffic. Moroun also mentioned that the cost of the new Ambassador Bridge is about $1 billion in private funds, roughly half of which has already been spent.

On a side note, the Gordie Howe Bridge is still expected to open in 2023. This is the bridge the Government of Canada was trying to build before being wrestled into court to fight lawsuit after lawsuit from the Morouns. So while Transport Canada has given the Morouns permission to build a second Ambassador bridge, the Canadian government would much rather back thier own project. In fact, architects, engineers, and other contractors are still being interviewed to build  the Gordie Howe Bridge, not to mention millions of dollars have already spent on purchasing property and roadbeds. Even the Canadian Prime Minister, Justin Trudeau, has spoken of how the Gordie Howe Bridge will be the country's primary infrastructure project, which comes as no surprise with the amount of bad blood between the Canadian Government and the Morouns.   

Gordie Howe Bridge vs Ambassador Bridge

Now that the Morouns have the green light from Transport Canada, people might expect the new Ambassador Bridge Project to break ground by the end of this year, but that's not hopeful. Additional permits are needed from both Canada and the US, so construction will most likely begin sometime in late 2018 or early 2019 and may be completed by 2023. It should also be noted that both bridges will utilize tolls. However, since the Morouns' bridge is privately owned it's unknown what their set toll price will be? The Gordie Howe Bridge, on the other hand, is expected to have a more ‘economic pricing’ since it is a Canadian government project.

Either way, the public will win. With 2 bridges in the works in addition to the already existing Detroit-Windsor Tunnel, a future economic boom and regional popularity are sure to follow. These new bridges will also allow for safer transportation between Michigan and Canada.  Back in 2016, the Transport Canada agency cited the current Ambassador Bridge with being a "risk to public safety." The citations included safety hazards such as not having railings and having crumbling concrete. Thankfully, no one standing under the bridge was killed or injured by having pieces of concrete falling on them and no motorists had driven off the side of the bridge without railing to hold them back. However, it the bridge hadn't been inspected and closed, it may have only been a matter of time before a pedestrian death or car crash occurred. 

Also, with the addition of two new, safer bridges, travel between Detroit and Windsor will be much quicker and less congested. While repairing the bridge to bring it up safety standards was the right call, during the time it was closed, traffic barriers limited drivers to a single lane at certain points, causing major traffic congestion. Also, since there are currently only two options to drive between Canada and Michigan, the bridge and tunnel routes tend to be extra congested during daily peak hours and especially on holidays. Plus, no one wants to keep raging Redwings and Maple Leaf fans away from travelling back and forth to hockey games! The problem with any kind of limited mobility is that it leads to aggressive driving and road rage. Aggressive driving and related aggressive driving car crashes and road rage car accidents are a big problem when according to The American Safety Council, 66% of traffic falatilies are casued by aggressive driving. Therefore, the construction of a new Ambassador Bridge and the new Gordie Howe bridge will be welcomed by citizens of Detroit and Windsor alike.

Considering the frequent backups on the Detroit-Windsor Tunnel and the current Ambassador Bridge, it is about time that another thoroughfare between Canada and Michigan is being built. Soon, Michiganders have the choice between 3 options to commute to Canada. Since 3 travel routes don't completely get rid of traffic congestion however, drivers still need to be on the look out to avoid getting into road rage car crashes or aggressive driving accidents. The attorneys at The Michigan Law Firm, PLLC are here to help any victims of these and any other types of motor vehicle accidents. We know that the legal process can be hard and are here to fight for you. Call 844.4MI.FIRM for a free consultation today.

Mackinac Bridge Is Closing For Labor Day

If you Labor Day plans included a trip to the Upper Peninsula, you might want to make a few adjustments to your plans before heading to Northern MIchigan. The Mackinac Bridge Authority decided to close the bridge this year between 6:30 am and 12 during the Annual Bridge Walk.  Officials are acting cautiously to ensure the event's safety.  The decision was made back in May of this year putting those looking forward to 60-year-old tradition in slight tailspin after looking forward to walking alongside the cars on the approximately 5 mile long bridge. Additional safety precautions at the event entail Michigan State Police (MSP), patrol squadrons, mechanics, and shuttle buses to quickly transport and protect those who are participating in the walk.

"There has not been any kind of specific threat against the bridge walk, this is just acting out of an access of caution trying to make it safe as possible," clarified the Communications Representative for the Michigan Department of Transportation, Dan Weingarten as reported by local news. “We ask everybody to be patient, pay attention to signs and obviously pay attention to law enforcement...They will be trying to keep people who are backed up parked on the shoulders of the road to give room for emergency vehicles."

With the Mackinac Bridge being closed, motorists who are traveling this Labor Day weekend should plan their travel times accordingly due to traffic congestion expected to  occur on US-2, US-23, US-31 and I-75. Thankfully the MSP and other traffic authorities will be out in full force willing and able to assist drivers or motorists can plan to delay their travel time or leave early.

2017 Annual Mackinac Bridge Walk

Those who are planning to participate in the free Annual Bridge Walk should arrive in St. Ignace where they can be shuttled for $5 to the start of the walking route. Tickets for the shuttle buses can be purchased in Mackinaw City. The bridge authority assures that portable toilets, water and food stations will be placed along the route to relieve walkers. Shuttle buses and MSP squad cars will also be on the bridge as a counterweight to the thousand of walkers expected to be in attendance and to safely transport them in case of personal injury or emergency. The Mackinac Bridge Authority’s website provides additional information (http://www.mackinacbridge.org/).

Have you or loved one been injured in a pedestrian versus motor vehicle accident? Speak with an experienced accident attorney from The Michigan Law Firm, PLLC at 844.4MI.FIRM. Our injury attorneys specialize in auto accidents, pedestrian accidents, insurance claims and more. 

Overheated Car? Here's A Few Tips.

It’s rush hour, the freeway is packed, it's 90 degrees outside and the air conditioning is at full blast in the car. While most drivers are busy complaining about the stop and go traffic, they may not notice their car's temperature gauge edging past the middle line and slowly creeping toward ‘H’. Then the ‘check engine light’ comes on and the driver realizes they didn’t check their fluids last weekend like they were supposed to. Just as this comes to mind, the vehicle begins to lag and stutter and soon smoke plumes began to rise from underneath the hood of the car. Now they are stuck on the side of the road.

How Do Cars Overheat?

There are actually quite a few things that can lead a car to overheat. Luckily however, many of the ways cars overheat are often times fixable and even avoidable. As mentioned above, one way a car can overheat, is if not enough engine coolant is put into the vehicle, causing the remaining fluid to congeal and no longer circulate between the radiator and the engine. When the coolant is unable to circulate, it causes the engine to work harder and burn out. The engine congealed coolant can also form a blockage and prevent the radiator from fairly distributing the heat from the engine. Other possible factors that can cause a blockage are, a build up of inside or outside fluids, the thermostat’s flap refusing to open and close, and even an unknown or forgotten object getting lodged in the cooling system.

A car engine's cooling system is a very temperamental thing that should be kept an eye on, in order to sport potential leaks that can allow air to get inside the system and form a bubble, which in turn causes coolant fluid to be blocked from reaching where it needs to go.

Another leading cause of cars overheating, is a failed water pump. The cooling system inside a car relies on water to keep the vehicle at a reasonable temperature, and without it can lead a car to overheat within minutes.

Overheated Car Tips

With the dog days of summer in full effect, now is the time to brush up on what to do when a vehicle is overheated. Thankfully, AAMCO, an American transmission repair company, has a few tips on how drivers can prevent their car from overheating and what to do in case it does.

Source: GIPHY, Fox Broadcasting Company's The X-Files

  • “If the air conditioning is on, turn it off and roll down the windows.” Then, turn the car's heat on instead and roll down the windows to reroute some of the heat from the engine.
  • If the car's temperature continues to rise, it’s best to turn on the hazard lights and maneuver the vehicle to a safe area. If the driver feels that the area they are in is not safe, AAMCO assures that a stop and go method until arriving at a safe destination is reasonable, as long as the driver waits long enough for the car to cool a bit before driving onward.
  • Once a driver is in a well lit and safe space, they should take note of any possible smoke rising from the hood of the car and see if the hood feels extremely hot to the touch. This will help them determine if it is safe to open up the hood of the car and proceed to analyze if the engine or the radiator is the issue. However, touching anything is a big no-no until everything has cooled down.
  • It should go without saying that an overheating car should be immediately fixed by a state licensed mechanic in order to prevent possible car fires and accidents. A driver could become anxious and distracted while driving and trying to handle the fact that their car is overheating, causing other drivers to panic or react rashly.
  • It usually takes anywhere from 45 minutes to 1 hour for the engine and radiator to cool, after which, the driver can safely proceed to check the engine's coolant to see where the fluid level exactly is. If the coolant seems dangerously low or none seem to be inside, a 50/50 mixture of water and engine coolant is the best way to go.
  • If the engine coolant level seems fine, the next place to look is the hoses. The hoses could have possibly been severed or have a leak. Look around for any puddles of fluid on the ground, and if that help find the leak, listen to see if any fluids are draining from the car.
  • “Restart the car and check the temperature gauges on the dash.” Then, eyeball the temperature gauge to see if it still reads in the red. If not, proceed forward, but if it still reads that the car is hot, turn it off and wait a while for the vehicle to cool. After a while, if the car is still overheating, there are one of two possible explanations-either the temperature gauge is broken or the vehicle needs to be serviced.

Though these tips don't guarantee that inexperienced people will be able to fix an overheating car by themselves, without the help of a licensed professional, they may be good temporary suggestions that drivers can consider while waiting for a professional to come to their aid. At the very least, drives who are concerned that their car is overheated or sense that their motor vehicle is acting up while on the road, should immediately pull over, in order to avoid a car collision, and then call for help. The last thing drivers want is their car to stop in the middle of the highway or an intersection, bringing on the risk of becoming involved in a car accident.

An overheating car is not something to take lightly. Drivers should make sure to service their vehicles regularly, and especially when the 'check engine' light comes on, to prevent future wear and tear on car parts that can hinder a motor vehicle's performance. If you or anyone you know has been the victim of a car accident, call The Michigan Law Firm, PLLC. Call us at 844.4MI.FIRM for a free legal consultation with an experienced attorney today.  

Driving Road Rage Killing In Ada, Michigan

Road rage is once again to blame for claiming another victim in Ada, Michigan. In October 2016, ex-boxer Christian Hilman, 19, was driving his dirt bike home in front of General Motors retiree William McFarlan, 64, when McFarlan began honking his horn and flashing his lights at Hilman. Finally, Hilman had enough of McFarlan driving behind him and turned into a church parking lot where McFarlan decided to follow him. It is said the two engaged in a heated argument before McFarlan placed his hands on Hilman's neck and the two began to fight. Eyewitnesses say that the fight resulted in “McFarlan collapsing by his pickup truck and Hilman continuing to kick him.” After police were called, Hilman was arrested and McFarlan was rushed to the hospital for treatment of his injuries, including fractured ribs and a fractured skull. Unfortunately, nearly five weeks after the assault, McFarlan passed away due to the severity of his injuries.

At first, Hilman would have only faced 10 years in prison with an assault charge, but now in light of McFarlan’s death, Hilman has been charged with murder in the second degree and is facing up to 100 years in prison. “I think just because someone gets angry in a road rage incident, it doesn’t justify assaulting and killing a man,'' said Blair Lachman, Kent County Assistant Prosecutor. However, Michael Bartish, a defense attorney, argues that, “Whatever happened, Mr. McFarlan [followed] Christian into that parking lot...There is no reason for that vehicle to have followed him into that parking lot unless the intent was for a fight.’’ Bartish feels that, Hilman a voluntary manslaughter charge would be more appropriate thatn a second degree murder charge, since the crime occurred in the heat of passion.

Tips To Handle Road Rage

Unfortunately, road rage is starting to become a common behavior on American roadways, due to the increase in the number of motorists on the road, an uptick in aggressive driving maneuvers, and personal factors affecting individual motorists. The Michigan Law Firm, PLLC does not condone road rage or aggressive driving behaviors. Neither does DMV.org, who provided the following tips for those drivers who find themselves in driving situations in which they become angry at another driver or another driver engages in aggressive driving behavior towards them.

  • Maintain your space. This tip does not only refer to keeping enough brake space between cars, but for drivers to do what they need to in order to distance themselves from stressful drivign situations and to remain calm behind the wheel. Playing calming music, a funny podcast, or simply planning ahead for their commute, can prevent drivers from becoming angry.

  • Avoid making eye contact. If the angry driver cannot make eye contact, they will hopefully fume for a moment and continue on their way.

  • Keep your hands on the wheel. Keeping hands busy at 10-and-2 and refraining from making obscene gestures can keep motorists from fanning the flames of anger from other drivers.

  • Show remorse. If a wrong was committed, be the bigger person and correct it by mouthing sorry, waving to the other driver to acknowledge the wrong, or moving out of their way so they can pass.

  • If all else fails - call the police. There may come a time when none of the above tips will help avoid an aggressive driving accident, and the agitated driver may proceed to commit bodily harm to a fellow motorist. In this case, if possible, drivers who find themselves in this situation should pull over and call the police.

Drivers who find themselves engaging in aggressive driving behaviors and have tried bullying someone off the road should remember that acting on violent urges, like what happened between Hilman and McFarlan, can lead to serious consequences. If police catch a driver in the act they could be fined, possibly face prison or jail time, not mention, the aggressive drive will will have to live with a severe assault or a road rage fatality on their conscience.

The altercation between McFarlan and Hilman should serve as a cautionary tale to those who feel they need to teach an aggressive driver a lesson. It is best that the proper authorities handle any road rage incidents, in order to prevent escalating a potential aggressive driving situation. Have you or a loved one been a victim of a road rage car accident? Contact The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. We know going through the legal process can be scary, but our firm is here to help victims of car accidents every step of the way. 

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. 

Sterling Heights, Buff Whelan Chevrolet Dealership Fire

Buff Whelan Chevrolet in Sterling Heights, Michigan decided to reopen their doors three days ago, on July 19, 2017, despite the fact that one of their service buildings caught fire the night before. The fire spread, burning up the body shop and more than 20 vehicles. The Van Dyke Ave. car dealership has been a large part of the community for at least 20 years and many of their customers and neighbors were in shock to see the building in flames. The blaze was so massive that fire and police departments from surrounding communities worked together to close down 18 Mile Road and reroute drivers and onlookers away from the area. People as far as 5 miles away claimed to have seen the smoke caused by the fire. 

How The Buff Whelan Fire Started

The cause of the fire is still under investigation but it is believed that the cleaning crew accidentally started the fire around 7:30 PM on July 18, after a floor buffer came in contact with some flammable floor cleaning solution. Some sources have even speculated that the floor chemical solution spread to wiring, causing an electrical fire. Sterling Heights Fire Chief Chris Martin says from there, the fire spread quickly and set the vehicles and body shop on fire. This unfortunate incident is now being ranked as the largest fire in Sterling Heights history.

Tom Bechtel, the Sales Manager at Buff Whelan said he saw the smoke from his house but, didn’t realize the smoke was coming from his workplace. “The flames were unbelievable and the smoke — I can’t believe a service facility would burn like that...Unbelievable.” said Bechtel.

Both Mr. and Mrs. Whelan have expressed their gratitude to the fire departments that helped save their business and to the public for their support and concern and issued a statement saying that it is, “business as usual” and that they still have the inventory and accommodations to service their clients through their website and in person, while repairs are being made. 

A Few Fire Safety Tips

Structure and mercantile property fires, like the one at Buff Whelan Chevrolet, account for 41% of civilian deaths and 31% of civilian injuries. These fires are more common than people realize and many companies don't specifically train employees on what to do in case of fire, other than to call 911. Or even if companies do train their employees on fire safety, many people tend to fall asleep during the lecture or are unable to recall the long ago training when it comes to an actual fire or fire drill. For those people, here are a few fire safety tips to brush up on, supplied by BullEx, an expert fire safety company.

via GIPHY

Source: GIPHY, TruTV's South Beach Towing

  • Declutter - Paper, candy wrappers, spare clothing, and even those old and forgotten Halloween decorations left in the bottom drawer can be potential fuel for a fire to spread. Keeping work spaces clean can help keep small flames from becoming massive. 
  • Update Technology - Make sure any machinery, even cleaning machinery, is up to date in repairs. No need for loose wiring or a motor going haywire and causing a fire, as is suspected in the Buff Whelan Chevrolet fire. 
  • Read Safety Labels - Always be careful when mixing, using, and storing chemicals. Refer to the Material Safety Data Sheet that is oftentimes located on the the back label or lower right corner of the item to determine its flammability. 
  • Electrical Maintenance - Any faulty or electrical hazards should immediately be reported. BullEx warns that any electrical maintenance or repair should only be handled by a licensed professional. 
  • Don't Smoke! - Those “Do Not Smoke” signs are placed there for a reason! Those out on a smoke break should only use smoking designated areas, not because people are picking on smokers, but for safety reasons such as potential fire hazards nearby or setting off fire alarms and sprinklers. 
  • Security - No matter how big or small the workplace is, suspicious items, people, and areas should be reported to prevent potential arsonists from setting a life threatening fire. 
  • Fire Extinguishers - Businesses should supply employees or a designated employee(s) with instructions on how to work a fire extinguisher, just in case of a fire. Employees should also know where all emergency fire exits are located in their workplace and should always keep possible escape routes clear. These fire safety measures could be essential to saving lives and avoiding fire injuries.

Of course, fires can occur for a many number of reasons. By following these fire safety tips however, employees may be able to avoid some fires caused by human error. Thankfully, aside from the 20 or so cars, no humans were injured in the Buff Whelan Chevrolet fire. It does warm the heart however, to see how the Sterling Heights and other Metro Detroit communities came to the aid of a local business during such a crisis.

Fires don't just happen in buildings. Cars fires also occur when automobiles are involved in motor vehicle accidents. If you or someone you know has been involved in a car accident, call The Michigan Law Firm, PLLC. Our highly experienced staff is always available to speak to victims of car accidents. Call us today, at 844.4MI.FIRM for a free and fair legal consultation. 

Tips On Driving During Heavy Winds and Storms

A couple of months ago, in February 2017, a semi-truck driving on a highway got caught in high winds and toppled over, landing on top of an unoccupied police cruiser. Fox News reported that the truck driver drove the semi after ignoring a high wind advisory banning commercial vehicles from that particular area of the highway, close to nearby Elk Mountain. Wyoming Highway Patrol Lieutenant Kelly Finn said that wind speeds were close to 70 m.p.h. at the time of the accident.  

While Michigan isn't currently experiencing such a magnitude of winds, forecasts expect thunderstorms for the rest of the week. This week's thunderstorms could deter Michiganders from driving to the beach or relaxing out on the porch. The Michigan Law Firm, PLLC would therefore like to take the time to remind Michigan motorists how they can safely drive in severe weather conditions, including high winds and heavy rain. 

Safety Tips for Driving In High Winds and Storms

In bouts of extreme weather, the first safety precaution drivers can take is to remain in a specific location, such as home, and avoid driving in dangerous situations completely. 

If venturing out into the bad weather is unavoidable, the Defensive Drivers Team suggests that drivers check local weather reports and take note of any high winds, blizzard, flooding, or other extreme weather advisories that have been issued in the areas they plan to drive in.

When driving in a storm, motorists should remember to pay close attention to the road. Drivers may better focus on the road by turning down the radio, silencing or ignoring cell phones, and properly securing any pets in the vehicle so they don't cause a disturbance. Minimizing these distractions keeps drivers alert for instances in which storm debris or trees may be blown into the driver's path. Drivers should also remember to keep their headlights on since storms typically darken the sky. 

In addition, drivers should give large vehicles such as semi-trucks, tractors, RVs, and buses more space, as these vehicles may be more difficult to control in extreme weather. No one can anticipate sudden gusts of wind, so driving slower than normal and making lots of extra space for other motorists on the road may help ensure motorist safety. Drivers should also take safer, local routes and avoid speedy highways, rocky terrain, and routes through infrastructure such as tunnels and overpasses, which can potentially be damaged during storms. 

As for driving in windy weather, head and tail winds, or winds coming from the front and back of a vehicle, are not too difficult to deal with. A slight adjustment in speed or acceleration may allow the driver to compensate for these winds. On the other hand, side winds are the ones that create the most trouble for drivers. If strong enough, these winds can blow a vehicle off course. In the event that a driver finds themselves caught in a side wind, they should remember to not panic or move the car too abruptly if they feel the vehicle being pushed in the other direction, and instead move smoothly and gently to stay on the road. 

Tips For Driving In Heavy Rain

High winds and storms also bring precipitation. Heavy rainfall or a large snow melt may cause puddles to form, many with depths too hard to judge from behind the steering wheel. RAC, a British automotive service company, warns, "If it’s clearly too deep for your car, find another way to your destination." Drivers might find themselves in a harrowing position if driving through a puddle that is particularly deep and may cause their car to float. Water can also cause a vehicle to stall or breakdown. It is important to ignore the urge to try and crank the vehicle back to life in order to avoid further damaging the engine. Instead, drivers should wait for a professional to arrive and attend to the vehicle. This might even serve as an alarm for other drivers to follow safety tips to possibly avoid a serious car accident. 

With the looming threat of thunderstorms in Michigan this week, drivers and passengers are encouraged to follow these extreme weather safety tips to stay safe and help prevent an accident like the one which occurred in Wyoming. It is difficult to predict what the sky will do next, but motorists should practice driving safely in extreme weather, in order to reach their destinations before the next lightning bolt hits. 

All motorists could benefit from paying attention to the road and heeding wind and storm advisories this summer. If you or a loved one have ever been in a car accident, caused by extreme weather conditions, contact The Michigan Law Firm, PLLC today. Call 844.4MI.FIRM for a free consultation with an experienced attorney, today.

FTC Sued For Approving Used Cars With Recall Defects

The old adage, "it's too good to be true" comes to mind in the light the news that used cars sale representatives have been approved by the Federal Trade Commission (FTC) to sell used cars as certified, despite some of them having safety defects. Some of those defects include vehicles or parts under recall that have yet to be fixed. However, used car salespeople can still sell the cars as 'safe' or as subjected to 'rigorous inspection' vehicles just as long as they post a notice prior to the purchase of the vehicle stating that it may be under recall notice and by providing the buyer with the information to discover if the vehicle is under recall. 

CBS News listed that the defects may include exploding faulty Takata air bags in addition to other defects that can cause serious to fatal injuries such as, defective ignition switches, problems with the power steering, and damaged brakes. The FTC came to the decision during a settlement with General Motors (GM) and 2 used car dealers.

Opponents Of Recall Defective Car Sales

The National Highway Traffic Safety Administration (NHTSA) does not approve of the FTCs ruling. In fact, the FTC's agreement goes against NHTSA policy. The NHTSA's policy, which they unfortunately don't have the power to enforce, says that used cars must be inspected and fixed before being resold. 

Seconding the NHTSA's view on the issue, Rosemary Shahan, president of Consumers for Auto Reliability and Safety (CARS) said, “The FTCs reckless action will result in more people being killed and injured because of unsafe, defective used cars.” To back up their words with actions, Shahan’s organization is fighting along with a few Democratic senators, the Center for Auto Safety, and the U.S. Public Interest Research Group against the FTC. “It’s a dangerous and irresponsible abuse of the commission’s authority,” Shahan continued. Now the FTC is facing a lawsuit from the 3 organizations on the grounds of consumer safety.  

The legislative director for the Massachusetts Public Interest Research Group, Deidre Cummings also said to NBC News that, "The Federal Trade Commission is supposed to crack down on false and misleading advertising, but instead they are encouraging it. They should have protected consumers, but chose to protect reckless car dealers.”

How Defective Car Sales Affect The Auto Industry 

Many view the FTC's decision as a change in the auto buying industry. This may lead to car dealers altering their policies to reflect monetary benefits for themselves instead of safety measures for the consumers. In fact some changes have already been made. Ford has already modified their policies to include recall defects such as the Takata airbag. Ford Dealers can now sell vehicles with faulty parts as 'certified' as long as the word 'safe' is not utilized at anytime in the sale. Used Ford buyers will then sign an agreement noting that they are aware of the safety issue and agree to be contacted by the Ford dealer once the replacement parts arrive. 

In defense of their new policy, Sara Tatchio of Ford Communications stated that, “The safety of our customers is our top priority. Our dealers must complete all recalls when parts are available. In the extremely rare instance when parts are not available, our policy is that dealers must clearly disclose the situation including printing the open recall information and handing it to the prospective customer. As soon as parts are available, the dealer will then prioritize completing the open recall.”

How Consumers Can Protect Themselves From Recalls

They are few things consumers can do to safeguard themselves from buying a used vehicle that may have recall defects.

  • Look up a vehicle's Identification number (VIN) in the NHTSA’s recall lookup tool. The NHTSA’s system will show any outstanding recalls that have yet to be fixed on the vehicle.
  • Get a vehicle's history report on websites like CarFax to see if the car has been involved in any accidents, if any original parts have been replaced, and if it has been regularly and properly maintained. 
  • Before making a vehicle purchase, ask the salesperson about the history of the car and whether any defects or other safety problems have been made aware to them. 
  • Even if the vehicle list it has been subjected to "rigorous inspection" or as is labeled "safe," get it inspected anyway by a qualified mechanic before buying it. Try to find an auto shop that doesn't have ties to the dealership that the vehicle is being sold from. 

These tips are not 100% effective in every used car buying scenario but in general, they may ease the trepidation one may have in buying a used car. Hopefully, armed with the knowledge of past or present recalls and mechanic history, used car buyers can make an informed decision on what vehicle would serve their needs best while keeping them and others safe. After all, getting involved in a car accident due to a faulty or defective car part because you didn't due your due diligence in researching a used car before purchasing it, is an unfortunate way to harm yourself. 

Car recall lookup tools provided by government websites and agencies such as the NHTSA are one ideal way to make sure that car buyers are truly purchasing safe cars. It is unfortunate that the FTC would approve of the sale of cars with defective parts, thereby making buyers unable to trust the CPO seal that guarantees buyers that they are buying a recall-free vehicle. If you or someone you know has been injured in a car accident caused by a vehicle under recall, call 844.4MI.FIRM and speak to the experienced staff at The Michigan Law Firm, PLLC. We provide free consultations to discuss your legal options.

Sterling Heights Lawsuit Against Macomb County, Over Sinkhole, Dismissed

Michigan residents are used to infrastructure issues such as potholes and even sinkholes frequently occurring due to Michigan's status as the land of lakes and tempered weather. Lately however, Michiganders are becoming exasperated with dealing with the financial and infrastructural fallout of these destructive holes. In December 2016, a particularly dangerous sinkhole in Fraser, Michigan appeared on 15 Mile Road and Eberlein Street, causing residents to be evacuated from their homes and for part of 15 Mile Road to be closed down.

The sinkhole was caused by a sewer line that is currently being funded and fixed under the Macomb Interceptor Drainage District (MIDD) which is made up of county and city entities including Fraser, Utica, Macomb Township, Clinton county, Harrison County, and Sterling Heights, to name a few. The MIDD tasked Sterling Heights with submitting a share of $22.2 million dollars toward funding repairs. The city of Sterling Heights was outraged with the portion of money that they were tasked to raise and responded with a lawsuit on May 8, 2017, against Macomb County. Sterling Heights claims that the county should be responsible for the repair cost, and not the citizens of the communities affected by the sinkhole.

How The Sinkhole Was Created

As Fraser Public Safety's Lt. Mike Pettyes explains, the main 11-foot-wide sewer line - that lies 55 feet underground -  had a break that allowed waste and water to wash out the dirt and sand that supports the structures above ground. Once the supporting layers of dirt were washed out, it caused a gap that allowed for the land above, to sink into the hole in order to fill it in. Also, this isn't the first time a sinkhole has happened in this area. Back in August 2004, a sinkhole grew to be 160-feet long and 60-feet wide appeared as a result of a collapsed sewer line and was closed to the public for 10 months.

Sinkhole Repair Costs And Necessity

Based on current inspections, the sinkhole is expected to cost $75 million dollars to repair, if the pipe doesn’t completely collapse before it is repaired. $70 million of this enormous amount is supposed to be paid by 25-year-old bonds owned by Macomb County and the remaining $5 million is to be covered by state grants. The Michigan Department of Environmental Quality (DEQ) uses the sinkhole as evidence that Michigan’s infrastructure is in need of improvements. This statement is sufficiently supported by The American Society of Civil Engineers (ASCE) who gave Michigan’s infrastructure a D on it’s report card back in 2009. The latest reports show that in 2011, Michigan still wasn’t making the grade with nearly 1,300 of the 11,022 bridges in 'poor' to 'failing' condition, 22% of the major roads in 'poor' condition and 66 of its waste sites being put on the national priorities list.

Sterling Heights Lawsuit Dismissed

The MIDD contracted the Macomb County Wastewater Disposal District (MCWDD) back in 2010 to deal with repairs and upkeep of the sewer line. However, the MCWDD failed to do their job. As a result, the city of Sterling Heights was issued a bill for $22.2 million dollars of the estimated $75 million repair cost. This is a cost that Mayor Michael Taylor of Sterling Heights argues is unfair to his city, its residents, and its businesses to pay for, due to the “breach in contract” on MCWDDs part.

However, Macomb County Circuit Judge Jennifer Faunce didn't think so, which is why she dismissed Sterling Heights' lawsuit in favor of the MIDD's argument that the lawsuit was preventing the sewer line from being fixed. But, this may not be the last time the MIDD will face trouble from Sterling Heights. Mayor Taylor says that he is disappointed by Judge Faunce's decision and is currently reconvening with the city's attorney and the City Council to figure out a solution. 

“I’m going to do everything I can to protect our taxpayers,” declared Taylor.

Temporary Fixes

As of May 14, 2017, officials state that an additional $6.2 million in new repairs is needed. In the meantime, a temporary bypass line has been installed to help waste flow around the sinkhole area and allow inspectors to further investigate the damage of the sewer line. So far, east of the sinkhole (upstream) shows signs of deterioration with gushing leaks and fractures. West of the sinkhole (downstream) has been scheduled to be inspected for damages later on this summer and could possibly drive up the cost of the repair bill and the therefore the need for additional bonds to be sold.

Hopefully, while negotiations and repair are underway regarding who will pay for what, the sinkhole doesn't collapse even further or potentially spread and make the situation even worse. In the meantime, drivers should pay attention to where they are driving as sinkholes are a serious matter. Drivers should be careful of streets with noticeable dips or drainage problems which could be a sign of it's failing infrastructure. In addition, while repairs are being made along 15 Mile Road, motorists, pedestrians, and bicyclists should all be wary of construction site accidents. By looking out for construction signs, slowing down car speed at construction sites, and by generally traveling through construction sites more cautiously, people may be able to avoid serious injuries that can arise from construction motor vehicle accidents.

Infrastructure damage and repair has been a growing problem in Michigan for many years, let alone the entire nation. In 2013, the ASCE estimated that the cost of updating the infrastructure in America could cost up to $3.6 trillion dollars by the year 2020. Have you or someone you know sustained injuries in an accident stemming from damaged infrastructure? If so, call 844.4MI.FIRM to speak with an attorney at The Michigan Law Firm, PLLC. Our firm provides free consultations.

Detroit's Street Lighting Overhaul

In Detroit, Michigan more than 50 light poles became damaged and were in need of replacement every month due to vehicle collisions. This year alone, two fatal speeding car crashes on Detroit’s westside resulted in death and have respectively caused a damaged utility pole and a split pole. Car vs. pole collisions are one of the leading reasons why the Public Lighting Authority (PLA) worked diligently to replace the streetlights in Detroit. In fact, the streetlight project was one they had been working on since they were formed in 2013, following the Auto Industry Crisis during which the city fell on hard times causing many streetlights to be neglected and longer operating. In addition, during this economic downfall, an estimated 40% of the 80,000 streetlights within the city were scrapped for their metal.

In December 2016, Dr. Lorna Thomas told The Detroit Free Press that, "This is a symbolic project. It stands for the resurgence of Detroit," Thomas said. "They said it couldn't be done."

The symbolic lighting project has replaced over 65,000 streetlights since 2014 with LED light bulbs that save on energy while emitting a brighter light. The PLA also took it upon themselves to upgrade 85%-90% of the lighting systems and wiring to deter vandalism. Since the old lights using copper based wiring, scrappers would strip the light poles of the wiring to sell the copper linings for money. The PLA also hoped to put a stop to theft by changing the wiring to hang overhead instead of in the ground under the light poles.  

Another reason that citizens of Detroit have been pleased by these much needed repairs is because they didn't have to pay for them upfront. The repairs and upgrades were paid for in the form of bonds provided by Citicorp, a New York based banking corporation that agreed to have the money paid back over a 30-year-period, through Detroit’s utility tax.

The PLA was proud to announce that the lighting project had been completed ahead of time and under budget, at the end of 2016. Motorists, bicyclists, and pedestrians can benefit from better lightning on Detroit roads as a study by the U.S. Department of Transportation (USDOT) attributed 40% of motor vehicle accidents to be the result of intersections that are poorly lit at night. The USDOT says those accidents can be reduced by 35% if streetlights were properly installed at intersections. So, the completion of the project could not come at a better time as the summer weather causes more cars to be on the road late at night. Also, the new and better lighting keeps users of Detroit's new bike share program MoGo, safer if people want to ride bicycles after dark. 

Detroit residents are urged to call 844LIGHT313, if a light in their area needs to be serviced. With Detroit undergoing a revitalization, it is up to the residents to help make sure the city keeps the momentum by making sure streets are lit well enough to potentially prevent crime and car accidents.

The PLA's efforts in redesigning the streetlights could help provide Detroit intersections with much needed lighting to help prevent accidents. In addition to this lifesaver, new streetlights may even deter criminal activity. If you or someone you know have been involved in an auto accident, call the Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. Our firm is highly experienced in dealing with motor vehicle accidents and will help you identify any benefits you may be entitled to under Michigan law.

Life-Saving Apps That Prevent Distracted Driving

Over the years, distracted driving has grown to be a major issue on the roadways across America. It is estimated that 660,000 drivers are using an electronic device during any time of the day. The proof of damage that distracted driving can do has been recorded on phones through social media platforms such as Facebook and Snapchat by the very drivers who are engaging in the dangerous act. With so many injuries and tragic deaths that stem from distracted driving accidents, 391, 000 injuries and 3,477 deaths in 2015 to be precise, many state governments are revising their laws and punishments for drivers who are caught driving while distracted. Although Michigan has yet to change its law concerning devices that can be used when behind the wheel of a vehicle, for safety purposes, Michigan drivers should consider not using their electronic devices while driving.

While it's simple to tell drivers to not use their phones or to turn off their phones when operating a motor vehicle, it's also very easy to turn a phone back on or to reactively turn attention away from the road and onto a phone when it signals a notification. That is why it may be beneficial to drivers who own smart phones to download an app that silences all cellular communication when the user is driving. DMV.org has reviewed and suggests a few such apps that can hopefully deter drivers from looking at their phones while driving.  

Out of the several surveyed distracted driving apps, four stood out to DMV.org and were approved by organizations such as Fathers Against Drunk Driving and Mothers Agains Drunk Driving. The apps were chosen because they are compatible on both the Apple iOS and Android systems.

Distracted Driving Prevention Apps

1. LifeSaver

Aptly named, LifeSaver is geared toward stopping drivers enacting distracted driving by utilizing GPS tracking and reward systems. Because the app taps into GPS monitoring, it knows when a driver is on the road and prevents drivers from using their phones. Once the driver arrives at their destination, it will alert loved ones that it is now okay to call and that the driver safely arrived. This app isn't just geared toward parents and teenagers engaging in safe driving habits and related rewards, but commercial businesses as well. 

2. TrueMotion

One of the few free distracted driving apps that are available on both iOS and Android, TrueMotion uniquely utilizes a trip score system. The trip score points out to the user, the moments during the road trip that a driver was driving distractedly and presents an overall rating on the motorists driving. This can then be used to positively change future driving habits.

3. AT&T’s DriveMode

This app blocks any texts and phone calls to completely keep drivers from cellular distraction. It even automatically replies to text messages telling contacts that you are driving if they try to text you.

Also, since most parents control their children's cell phone usage already, parents who are worried about their teen driver can set up the app to alert them when it is not in use and if they are any changes to the settings. One of those helpful settings is that DriveMode can be set to automatically engage once the user's car is going more than 15 mph. This app also allows parents and all users to set up goals and prizes for the number of miles driven safely.

4. Drive Beehive

This app is the official safe driving app of Parents Against Distracted Driving. It creates incentives to promote safe driving by allowing the driver to connect with family, friends, schools, business, and any other responsible sponsor who can set an award for the amount of miles driven safely. 

Apple's iOS 11

While it is not an app, The Michigan Law Firm blog recently informed readers of a feature of the new Apple iOS11 operating system called Do Not Disturb While Driving (DNDWD). Similar to ATT's DriveMode, when DNDWD is in use, the iPhone automatically detects speed when it determines that a user is driving, it proceeds to turn off of cellular communication. The DNDWD function also informs anyone trying to contact the phone that the owner is currently driving and even gives them the options to text the word 'urgent' if it is vital that the iPhone owner be reached. 

In today’s world, phones have become an essential item of everyday life. As useful as they are however, they can also be highly distracting and cause accidents. An accident can happen in a matter of seconds, coincidently the same amount of time people use to glimpse at a text message or to scroll through contacts to make a call. But it's not worth it! As DMV.org says, "Distracted driving accounts for 9 deaths every day—deaths that are completely preventable simply by keeping your eyes on the road and your hands on the wheel." 

Distracted driving apps exists for a very serious and useful reason - to save lives. If you or a loved have been injured in a motor vehicle accident due to a distracted driver, call The Michigan Law Firm, PLLC at 844.4MI.FIRM. Our firm offers experienced advice on distracted driving accidents and will work to fight for any benefits you may be entitled to under Michigan law.

Sleep May Help Heal Traumatic Brain Injuries

It has been reported that one of the leading complaints people dealing with traumatic brain injuries (TBI) have is that they either cannot get enough sleep, or suffer from insomnia, or that they are constantly sleeping or feel sleepy. So, it comes as a bit of a surprise when a study conducted by the University of Montreal's psychology department found evidence that TBIs and patients' recoveries correlate with sleep patterns. Nadia Gosselin, the study's author, claims that the study shows that if hospitals took more time regulating a sleep routine for a patient diagnosed with a TBI, it could go a long way in their recovery process. Gosselin also adds that, "Making sure patients are exposed to sunlight or its equivalent during the day and at night rest in a dark, quiet environment," TBI patients may be able to maintain a sleep cycle.  

But First, What Is A Traumatic Brain Injury?

According to the Centers for Disease Control and Prevention (CDC), "A TBI is caused by a bump, blow, or jolt to the head that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild” (i.e., a brief change in mental status or consciousness) to “severe” (i.e., an extended period of unconsciousness or memory loss after the injury).  Most TBIs that occur each year are mild, commonly called concussions."

Effects TBIs Have On Sleep And Health

Research has proven that when sleep cycles are disrupted, it can have an affect on mood swings, weight, memory, and other consequences. Hence, if someone is losing sleep due to a TBI, other serious health problems can correspondingly occur. Some of the more common diseases include diabetes, heart disease, stroke, and high blood pressure. Additional problems linked to sleep deprivation are a lower libido, depression, and in extreme cases death. This doesn't include health problems that are usually a direct result of having a brain injury such as visual perception, motor function and problems with reading. spelling, and/or speaking. 

Sleep Routines May Help Heal TBIs

As Gosselin mentioned, setting up a sleep routine tied to the time of day is a good way to get started on resetting the bodies internal clock. Designating a time to wake up to every day and a time to go to bed every night are the simplest ways to set a routine. And by going to bed at least ten minutes ahead of the scheduled time gives the body time to relax to help get to sleep better. It should be noted that eating and drinking drinking alcohol and/or caffeine at least five hours ahead of bed time will also help a person suffering from sleep problems fall asleep easier. Visual stimulants such watching TV, checking email on the laptop, or playing smart phone games, should also be avoided because they can keep the brain busy and essentially signal it to 'stay awake.'

After about 30 minutes of trying to fall asleep and failing to do so, sleep experts recommend that people don't try to force themselves asleep as this can potentially lead to a restless night. Instead, researchers suggest getting out of bed and doing something boring until they feel sleepy. 

Night time isn't the only time a sleeping pattern should be enforced. There are also a few tips that TBI victims can use to stay on track during the day. Staying active through a workout routine during the day is an essential to good sleep. If the body works and tires out during the day, the brain and body are more likely to be susceptible to falling asleep at night. Again, by limit the amount of visual stimulants TBI survivors are exposed, such as smart phone apps, TV shows, and YouTube videos, is also important during the day. If a nap must be had during the day, they should be limited to no more than 20 to 30 minutes a day. Lastly, those dealing with TBIs should increase the amount of time they are outside, especially on days when the sun is out. 

A cure has yet to be found for some types of traumatic brain injuries, however, most TBIs can be managed through treatments and medications provided through a licensed medical provider. As for prevention of TBIs, the best way to avoid a traumatic brain injury is to take every precaution from getting a head injury. For example, one of the most common ways people suffer from TBIs is by being involved in a car accident. A study conducted by the CDC in 2013, revealed that "Among all age groups, motor vehicle crashes were the third overall leading cause of TBI-related ED visits, hospitalizations, and deaths (14%). When looking at just TBI-related deaths, motor vehicle crashes were the third leading cause (19%)."

For the most part, car accidents themselves are preventable since many of them occur due to human error. Though it's easier said than done, by following the rules of the road, by properly wearing seat belts, and by not engaging in distracted driving behaviors, the number of car accidents, and thereby the number of car crash traumatic brain injuries, may decrease. 

Traumatic brain injuries are serious conditions that require time and attention to heal, if they can be healed. If you or someone you know has been the victim of a traumatic brain injury due to a motor vehicle collision, call The Michigan Law Firm, PLLC at 844.4MI.FIRM. We offer free consultations to car accident survivors so that they are not left in the dark on the legal process under Michigan law. 

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.

Obesity Is A Factor In Motor Vehicle Fatalities

If you made a New Year's resolution to lose weight but find yourself falling off of the workout routine, a study conducted by Berkeley School of Health might give you an extra incentive get back in the gym. In conjunction with the Centers for Disease Control and Prevention's (CDC), UC Berkeley’s Safe Transportation and Research Education Center (SafeTREC) decided to conduct a study on whether or not obesity played a factor in motor vehicle fatalities.

Though the study was published in 2013, this information is even more relevant in 2017 as 1 in every 3 Americans are obese, and since obesity in general is steadily on the rise. The study's results showed that obese drivers are actually 78% more to die in a car crash compared those in the normal-weight category. So, yes, obesity is definitely a factor in car crash deaths.

Co-author and SafeTREC researcher epidemiologist Thomas Rice said, “This study highlights yet another negative consequence of obesity.”

The Higher The BMI, The Higher The Chance of A Car Crash Fatality

Drivers with a body mass index (BMI) under 18 or between 25 to 29.9 are found to have around the same fatality rates as those people with an ideal BMI ranging from 18.5 to 24.9. The problem comes in for those who have a BMI ranging between 30 and 39.9. Those whose BMI falls between 30 to 34.9 have a 21% increase in risk of death as stated by the SafeTREC’s study. The study also showed that those with a BMI between 35 to 39.9 increase their fatality rates by 51%. Obese drivers with a BMI above 40 have a 81% possibility of death in the event of a motor vehicle fatality. SafeTREC's study also confirmed that woman who are obese are more likely to die in a car crash than their male counterparts. 

In simpler terms, if a male driver was the nation's average male height of 5 feet 9 inches and weighed the national male average of 195.5 pounds with a BMI of 28.5, he would essentially face the same mortality rates as a male that weighs 158 pounds at 5 feet 9 inches with a BMI of 23. However, if a male that was 5 feet 9 inches weighed 220 pounds with a BMI of 32, he increases his chances of death by 21%. 

Vehicle Changes Made For Overweight Drivers

Researchers of the study suggest that,“it may be the case that passenger vehicles are well designed to protect normal-weight vehicle occupants but are deficient in protecting overweight or obese occupants.”

Rice said, “Vehicle designers are teaching to the test –designing so that crash-test dummies do well, but crash-test dummies are typically normal size adults and children. They’re not designed to account for our nation’s changing body types.”

Now changes are underway starting with vehicle safety and design through test-dummies that are heavier in size to reflect the nation's growing weight. Michigan Medicine trauma surgeon Stewart Wang, M.D., is a collaborator on car safety as the director of the University of Michigan's International Center for Automotive Medicine (ICAM). Dr. Wang offers some perspective to engineers who are designing a safety mechanism that will later be placed into vehicles.

The surgeon says, "crash-test dummies look nothing like my patients...The condition, size and shape of an individual is hugely important in how severe their injuries are in any given crash." Dr. Wang also says that many of his obese clients suffer from lower extremity injuries in auto accidents as a result of the lap belt being too slack and causing them to slide under it upon impact. These types of injuries combined with, "their obesity makes treatment more difficult and delays recovery." Wang's medical research of live patients have provided ICAM with vital information which was used in the creation of new test dummies by manufacturer Humanetics, so that engineers can better interpret potential injuries to drivers of a certain weight, sex, and age. 

Source: GIPHY

According to ScienceDaily.com, "Teams at ICAM gain tremendous insight from hundreds of thousands of CT scans, which can quickly be used for 3-D printing of prototypes once they're shared with engineers. This has revolutionized the way dummies are made and what they look like."

With scientific research highlighting the importance of test-dummies reflecting the nation's growing population of overweight and elderly drivers, changes can finally be made to vehicles that lead to lower rates auto accident fatalities, for all ages and body types. 

According to the CDC, obesity can be combated through local and state programs that work with communities in creating an environment that encourages healthy eating and physical activity. Living a healthy lifestyle including a lifetime commitment to eating healthy and exercising should help those combating with obesity lose and keep off their weight. Have you or a loved one been injured as a result of an auto accident? Call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation today. 

Dangerous Takata Air Bag Inflators Are Still On The Market

Since early 2015, The Michigan Law Firm, PLLC blog has informed and kept readers updated on the Takata air bag scandal, in which faulty air bag inflators exploded, either randomly or when deployed in car accidents, when the chemical propellant inside degraded. In the latest news, it was discovered that the government overlooked a glaring error while attempting to rid vehicles of defective Takata air bags when they came to an agreement back in January, 2107. Under federal law it is completely legal for junkyards to sell previously or currently recalled and other wrecked vehicle parts to repair shops that later can be placed into other cars. The transaction is easy to do since there isn't a government agency that currently tracks the purchases, nor a state that has laws against the reuse of recalled vehicle parts. This means that faulty Takata air bags have been sold from junkyards and repurposed in cars that people are currently driving.

How To Avoid Buying A Faulty Car

A reused faulty air bag is the reason why Karen Dorado suffered from a punctured trachea, neck injuries, and damaged vocal cords after getting in a minor car crash on March 3, 2017. Dorado’s father bought her a Honda Accord so that she would have reliable transportation to get her back and forth to work and was unaware, at the time, of the car’s history. This history includes a car accident in Phoenix, Arizona in 2015 that declared the vehicle to be totaled and was later salvaged, repaired, and sold in Las Vegas on March 2016. The inflator however, was traced to a 2001 Accord that had been under recall, but had yet to be serviced and must have been stolen or replaced by a junkyard that sold it to the shop that repaired Dorado’s Honda Accord. 

Dorado is only one of almost 200 people injured or killed by the faulty Takata inflators. To avoid getting into car accidents in tricky situations such as Dorado's it is recommended that anyone who is looking to purchase a vehicle first check it's complete purchase and repair history. Auto history trackers like Carfax or AutoCheck are resourceful sites that research the history of used vehicles so that potential buyers will have an idea of any problems they could possibly be inheriting by purchasing a used vehicle.

Takata's Air Bag Buy Back Program

Takata now has a program in place that will buy up any of their air bags to take them out of circulation. In fact, Takata has already purchased around 60,000 of them. However, this still doesn’t prevent future buyers of used or salvaged cars from potential danger even when searching the car's VIN number on websites like the National Highway Transportation Safety Administration (NHTSA), which is only allowed to monitor reported vehicles and not car parts, whether they are reported or not. An NHTSA spokeswoman admitted as much to the L.A. Times stating that, “The federal government has no authority over used car sales and cannot stop air bags from being resold.”

Acting director of the Center for Auto Safety Michael Brooks, said,

“People should be suspicious of cars with salvage titles because there is no way of knowing where the parts came from or the quality of the repair work. Although some are safe, stolen or counterfeit parts can be used.”

Update On The Takata Air Bag Scandal

On January 13, 2017 Federal Detroit prosecutors announced that a settlement was reached with Takata over their defective air bag inflators that would cause debris to explode upon impact. The settlement agreement includes Takata pleading guilty to wire fraud, paying $1 billion in criminal penalties, and the indictment of 3 former Takata executives, Shinichi Tanaka, 59; Hideo Nakajima, 65; and Tsuneo Chikaraishi, 61. Roughly $125 million of the fine is going to go to those who were injured by the air bag - if they haven't received a separate settlement - while $850 million will go to automakers who have incurred debt over replacement costs for the air bags. Takata was also ordered to recall the almost 100 million air bags, in phases, which should be completed by the end of 2019.

Drivers are encouraged to make sure their vehicle has been recently serviced in order to prevent serious injuries and death resulting from the Takata air bag inflators. Future car buyers who may be purchasing a used car or salvaging a current one should be vigilant in making sure that the car parts are purchased from a state approved auto shop. At the very least, any one in the used car buying market should should look up the history of their car's parts.

Although, Takata is now compensating families for their loss, it comes a little too late for those who have lost a loved one due to their negligence. Now, the horror continues through sales of salvaged parts that is completely legal under federal law. If you or someone you know was injured due to faulty air bags or any other recall defect, call The Michigan Law Firm, PLLC. today. We will work hard to earn you any compensation you may be entitled to.