Detroit Ranked #1 in Pedestrian Fatality Accidents

Citizens of Detroit, Michigan have many gripes about the city including construction, decay, and of course traffic. While, the city itself is going though some improvements, citizens still have every right to be upset about traffic however, as the National Highway Traffic and Safety Association (NHTSA) just issued a report showing that Detroit has the highest pedestrian fatality rate per 100,000 population. In fact, the NHTSA calculates that in 2015 alone, 5,376 pedestrians were killed in traffic crashes - that’s the highest it’s been since 1996.

Alcohol Kills Pedestrians

The NHTSA contributes that most of the pedestrian accidents are caused by alcohol consumption. To be exact, 48% of the accidents involved either the pedestrian or the driver consuming alcohol before the crash occurred. Also to be noted is that fact that most of the accidents occurred during the winter months (December, January, and February) and predominantly at night time. 

NHTSA Safety Precautions 

Safety Precautions For Pedestrians:

  • Pedestrians should use crosswalks when they are available and walk in the direction against traffic. 
  • Be cautious! Electronic devices such as cell phones and music devices play into 'inattention blindness’ in which wearing headphones can make the wearer tune out of their surroundings. Also, pedestrians should keep in mind to not wear any headgear that may rest too low on their face or cover the eyes.
  • Drivers won't always see pedestrians due to distractions, blind spots, sun glare, or poorly lit areas. So, it should go without saying that wearing reflective gear or bright clothing to improve visibility is also advisable. 
  • Most importantly, avoid using drugs and alcohol before going out. As the NHTSA study shows, drugs and alcohol play a major role in pedestrian deaths.

Safety Precautions For Drivers:

  • Abide by state set speed limits.
  • Keep in mind that stopped cars could possibly be stopping to allow for pedestrians to cross the road, especially at crosswalks. 
  • Be alert! Pedestrians won’t always walk or be visible in places that motorists usually expect them to be. 
  • Don’t drive while under the influence of alcohol or drugs. Both will hinder coordination and judgement when driving. 

Safety Reminder

With summer fast approaching, citizens of Detroit should remember that both motorists and pedestrians play a part in sharing the road and keeping it safe for everyone. By following the safety precautions listed above, the people of Detroit can work together to make Detroit safer and to bring down Detroit's traffic fatiality ranking. 

Police can only do so much in catching and preventing drivers or pedestrians from getting behind the wheel while under the influence. Loved ones must also do their due diligence in making sure friends and family arrive at their destination unharmed and alive. If you or a loved one has been a victim of a pedestrian accident, call The Michigan Law Firm, PLLC for a free consultation. Our firm will fight to help you identify and receive any benefits you may be entitled to under Michigan Law. Call us today, at 844-4MI-FIRM. 

Semi Truck Driver Pushes Limits, Gets Arrested

The Recorder recently published an article showing how one semi truck driver tried to illegally push his limits and was caught and arrested by Massachusetts police. The truck driver reportedly drove without rest from Washington State, across the entire country, to Massachusetts-a nearly 3,000 mile distance! The semi truck driver was allegedly under the influence of crystal meth, LSD, and cocaine to keep him awake and functioning for the dangerous journey. 

“It appeared the driver didn’t rest, only used drugs, and he drove from Seattle, Wash., to Deerfield, with a destination on the East Coast.”

Deerfield, Massachusetts Police officer Adam Sokoloski commented that the driver, Garry Robbins "was clearly a danger to himself and others." Luckily however, there were no reports of the truck driver causing any auto accidents along his journey. In fact, the driver somehow actually delivered his shipment despite the condition he was in when he was arrested. It should be noted that his driver's license was suspended after he was arrested by local police. Also, the semi truck was impounded and he was charged with several drug and motor vehicle violations, turning the matter over to the court system.

While cross country trucking is a difficult job, it is important to take breaks and rest when needed when driving thousand of miles. According to The Automobile Association (AA), "1 in 5 accidents on major roads are caused by tiredness." In an effort to prevent such accident, The AA gives the following safety trips for long distance driving:

Long Distance Driving Safety Tips

  1. Don't drive for more than 8 hours in a day.
  2. Take regular fifteen minute breaks in journeys over three hours.
  3. Aim to stop every two hours or so, especially if you're not used to driving long distances.
  4. If you feel at all sleepy, stop in a safe place. Don’t stop on a motorway hard shoulder.
  5. The best way to counter sleepiness is to drink two cups of caffeinated coffee and to take a short nap of at least 15 minutes - check for parking restrictions before you do so.
  6. Plan journeys so that you can take breaks, allowing for an overnight stay if necessary. Even experienced HGV drivers are prevented from driving more than 9 hours in a day or working for over 13 hours in a day. Most car drivers are nowhere near as used to driving for this long.
  7. Don't start a long journey if you’re tired.
  8. Heavy meals can make you sleepy.
  9. Driving at times when you would normally be asleep brings extra risk, particularly the early morning.
  10. Strenuous exercise before driving can also have a bad effect - especially for older people.

Most importantly, drivers should never consume alcohol or drugs when they know that they will be driving. Though motor vehicle collisions are very common, hopefully by following these tips, some unnecessary and preventable car accidents can be avoided. 

Distracted driving and drunk driving are dangerous and in many causes can lead to truck accidents. Though these types of accidents are highly avoidable, they do happen. If you or someone you care about has been involved in a Michigan truck accident, call The Michigan Law Firm, PLLC. Speak to a Michigan injury lawyer today at 844.464.3476. Our Metro Detroit law firm offers free consultations. 

What is pain and suffering compensation?

Pain and suffering compensation is a form of non-economic damages that are available to victims of injury accidents who sue a  person or company for negligence. Pain and suffering consists of the physical pain, emotional pain, and the plaintiff's loss of enjoyment of life.  One of the ways to calculate pain and suffering damages is by considering how the defendant's negligence affected the plaintiff's life.  It is typically up to the jury to determine what the pain and suffering damages are for any particular case. 

Typically, in a personal injury case if a person becomes unable to continue with an activity that they normally perform, like a hobby, career, or a sport, this will be taken into account.  For example, if someone was injured due to the negligence of another, and this person played pickup basketball every weekend with their friends, but after the personal injury accident, they are unable to continue to play basketball, this loss of enjoyment will be a significant factor for the damages in the lawsuit.  

It's important to work with a Michigan accident lawyer who is well-versed in handling pain and suffering cases.  If you have any questions about whether you have sustained injuries and they have affected your life greatly enough to obtain pain and suffering damages, you should speak to a local attorney who is experienced in personal injury law right away.  There are strict statutes of limitations in every jurisdiction which cover how long you have to make a claim.  Certain types of injuries, such as those caused by a governmental entity, like the US Post Office, the local public works department, or injuries caused by most emergency responders have even more strict rules regarding when notice of the injury must be provided, what information about the injury must be provided, and even who witnessed the accident occur.

Contact The Michigan Law Firm, PLLC if you have questions regarding a Michigan personal injury accident.  Our Birmingham law firm handles car crash lawsuits, dog bite lawsuits, slip and fall law suits, and other types of personal injury accidents as well.  Our toll free number is 844.464.3476.  Speak to a Michigan injury attorney today.  We offer free consultations.  

Autonomous Chevy Bolt - Spotted

Yesterday, April 19, 2017, GM released video of a Chevy Bolt driving autonomously in the streets of San Francisco, California.  The video (part of a three video series) shows a dashboard view of the car as it drives on regular streets at night.  The autonomous Bolt stopped at traffic lights, yielded to other vehicles, and ultimately drove safely throughout its journey. 

Although a live person was sitting in the car, ready to take over if necessary, it doesn't appear that the human driver was needed in the videos.  According to Automotive News, GM has been testing these self-driving Bolts in multiple cities including San Francisco, CA and Scottsdale, AZ.  It has also been reported that GM is testing these self-driving Chevy Bolts in Detroit, Michigan as well. 

It's likely that auto insurance companies are watching these self-driving developments closely as government regulators, auto insurers, and consumers alike determine how to handle the new situation of insuring self-driving vehicles.  It's going to be critical to determine how autonomous cars involved in injury-causing auto accidents will be insured.  While accounts vary, most of the speculation is that fully self-driving cars will not begin becoming commercially available for at least a couple of years.  

If you have been involved in an auto accident, contact The Michigan Law Firm, PLLC.  Speak to a Michigan injury lawyer today at 844.464.3476.  Our experienced legal team will assist with your claim for auto insurance benefits which have been denied, including pain and suffering compensation.  Call for a free consultation today. 

Safe Used Cars for Teen Drivers

Cheryl Jensen recently wrote an article in Forbes discussing how to find the safest used car for a new teen driver within a reasonable price range. Jensen mentions how the Insurance Institute for Highway Safety (IIHS) has just released its rankings for top choices in the under $20,000 and under $10,000 categories.  Surprisingly, over 100 used car makes and models are listed with the IIHS safety stamp of approval for teen drivers on a budget.  Jensen makes note of the lowest priced option on the list, a $2,000 Saab 9-3.  Prices on the list are set at the Kelly Blue Book pricing so the actual prices may vary depending on the seller or car dealer.

"technology helps drivers maintain control of a vehicle on curves and on slippery roads and is a proven lifesaver"

Some additional tips for selecting a safe used car for a teen include, making sure the vehicle has electronic stability control, make sure there are no active recalls on the vehicle, look for a car with too high of a horsepower rating, and pay careful attention to safety ratings on very small cars. 

To research if your car has any active recalls which could affect the vehicle's safety on the road, visit the National Highway Traffic Safety Administration's recall site (https://www.nhtsa.gov/recalls).  All you need is your car's VIN number, which should be located on the lower left corner of your car's windshield.  The VIN may also be found on your vehicle registration.  

It's crucial to ensure that you are selecting a safe car for your teen driver.  Avoiding an auto accident begins with the research and purchase of a vehicle. 

If you have any questions regarding your motor vehicle accident or the rules of the road, call The Michigan Law Firm, PLLC.  Speak to an experienced car accident lawyer who can assist with lawsuits against auto insurance companies, lawsuits against negligent drivers, obtaining pain and suffering compensation, and more.  Our legal team works hard to get your life back on track after an accident.  Call our personal injury law firm today at 844.464.3476 for a free consultation. 

Auto Safety: Regulating Cybersecurity in Cars

New information is being provided every day regarding the possibility of driverless cars and the potential for autonomous motor vehicles in the future.  While that rosy future isn't quite here yet, most cars on the road do rely heavily on computer coding and other advanced technology.

Making sure that that your vehicle is safe from hackers is a concern that many industry experts are talking about in the auto world. Ryan McCauley recently published an article for Government Technology, which addresses the question, who should regulate cybersecurity for connected cars?

The federal government regulates safety standards for vehicles. Should cybersecurity standards be treated differently?

The article quotes, Sam Lauzon, a senior engineer at the University of Michigan’s Transportation Research Institute.  Lauzon brings up a fair point when he states that government regulations rarely keep up with technology.  

According to a February 2017 study conducted by the University of Michigan, more people are concerned about hacking to obtain control of individual vehicles or the traffic management system than hacking cars for their personal information.  The study also found that older respondents had more concern of vehicle hacking than younger respondents. 

The FTC released a March 20, 2017 press statement where it was announced that the FTC and the National Highway Traffic Safety Administration will hold a workshop on June 28, 2017.  Up for discussion are topics like motor vehicle consumer privacy, security issues posed by automated motor vehicles, and security issues posed by connected motor vehicles.  The workshop will also address issues such as the role of government in regulating auto cybersecurity, pros and cons of data collection from cars, and potential auto industry self-regulatory standards that might apply to privacy and security issues for connected vehicles. 

The FTC invites the general public to comment on these issues.  The public can submit their comments by clicking on the following link - Connected Cars - Request for Comments Link.

The Michigan Law Firm, PLLC has an auto accident lawyer ready for you to speak with about your Michigan car crash.  Our firm offers free consultations and honest and fair representation.  Give us a call today at 844.464.3476 to see if our firm can help you get back on your feet after an auto accident. 

Safety Tips For Driving In Winter Weather

It’s the time of year again when driving conditions tend to be at their worst. In Michigan especially, winter brings very snowy months that make driving difficult for everyone. In addition to the snow and the effect that it has on road conditions and on drivers, icy roads are also obstacles for drivers. Icy and snowy roads typically lead to more car accidents during this time of the year.

However, there are several ways to deal with the hazards of icy roads and to prevent winter car crashes. A good trick to help remember how to drive safely in winter driving conditions is to remember the 3 P’s of safe winter driving, which are provided by the Occupational Safety and Health Administration (OSHA).

The 3 P’s of Safe Winter Driving:

1. Prepare for the Trip

The Prepare part of the 3 P’s deals with how to prepare your vehicle for winter driving conditions.

  1. The first tip is to maintain your car, which includes, but is not limited to, checking your battery, tire tread, windshield wipers, keeping your windows clear, putting in no-freeze fluid, and checking your antifreeze.
  2. The second tip includes things that drivers should have on hand, such as flashlights, jumper cables, abrasive material such as sand or kitty litter, shovels, snow brushes, ice scrapers, blankets, and a cell phone. For long trips, include things like food, water, and medication.
  3. The third tip of the is knowing how to deal with situations like when your car is stopped or stalled. In such a case, do not get out of your car, don’t overexert your car, put bright markers on antenna or windows and shine your dome light, and if you run your car, clear the exhaust pipe and run it only long enough to keep warm.
  4. The fourth tip is to plan your route, which involves checking the weather ahead of time, checking maps/directions, allowing plenty of time to get to your destination, and letting others know of your route and estimated arrival time.
  5. The final tip to Prepare for your trip is to practice safe weather driving. This means rehearsing maneuvers slowly on ice or snow in an empty lot in daylight, steering into a skid, and finding out what your brakes will do (stomp on anti-lock brakes and pump on non-anti-lock brakes). Knowing how to use you brakes is especially important since stopping distances are longer on ice. Another safe winter driving practice is to not idle for a long time with the windows up or in an enclosed space.

2. Protect Yourself

The next P of the 3 P’s is Protect Yourself. This means:

  1. Buckling up and using child safety seats properly.
  2. Never placing an infant seat in front of an airbag. 
  3. Seating children 12 and under in back seat where it is much safer.

3. Prevent Crashes on the Road

The final P is to Prevent Crashes. This includes:

  1. Slowing down and increasing distances between cars. 
  2. Keeping your eyes open for pedestrians.
  3. Avoiding fatigue by getting plenty of rest before driving.
  4. Never driving after partaking in drugs or alcohol.
  5. If you do plan to drink, designating a sober driver. 

Winter is a dangerous season for drivers, especially for those who maneuver Michigan roads. Hopefully by following these winter driving safety tips, some accidents may be prevented this winter season. 

While these winter driving safety tips may help prevent some car crashes, accidents may still happen. Winter driving can be very difficult and dangerous, and there is only so much one can do to try to stay safe. If you or anybody you know has been injured in accident due to icy roads or other weather conditions, call The Michigan Law Firm, PLLC. Our attorneys are highly experienced in handling all kinds of accident cases, and will fight to get you the help you need. Call us today, at 844.4MI.FIRM, for a free consultation.

Truck Accident Recorded On Facebook Live

According to CBS News a man in Rhode Island was involved in a car accident while recording a Facebook Live video. The driver was Onasi Olio-Rojas, 20 of Pawtucket, Rhode Island. Olio-Rojas was recording himself going 114 miles per hour and was seen weaving in and out of traffic on Route 6, when he lost control of the vehicle, hit a garbage truck as it entered the highway, and then crossed three lanes to crash into a concrete barrier. 

“He has his camera in his right hand, videotaping himself as he’s driving, has no seatbelt on, he starts to hit speeds of 90 miles an hour, which increases to 100 miles an hour, then you see several erratic lane changes where he goes from the high-speed lane to the low-speed lane, into the breakdown lane, in and out of traffic,” Capt. John Allen of Rhode Island State Police told CBS affiliate WPRI.

The video was posted to Olio-Rojas’ Facebook page and authorities have verified its authenticity. The Rhode Island State Police has even asked Facebook for an official copy so that it could be used as evidence in court.

“I mean, the video makes the case. The independent witnesses certainly help, but nothing beats actually watching it on the video.” Capt. Allen said.

Rescue crews extracted Olio-Rojas from the vehicle and rushed him to the hospital Fortunately, Olio-Rojas was diagnosed to be in fair condition. Once he is conscious and alert, Mr. Olio- Rojas will be arraigned from his hospital bed. Police told Olio-Rojas that he was charged with reckless driving and operating a vehicle while having a suspended license. In fact, Olio-Rojas' license was suspended due to 5 previous traffic violations including texting while driving. He was also involved in 3 vehicle car crashes in 2016 alone. 

“Mr. Rojas just has a blatant disregard for anyone else on the road,” said Allen. Mr. Olio-Rojas will be arraigned from his hospital bed.

Distracted driving accidents have increased by 28% since 2005, according to the National Center for Biotechnology Information (NCBI). Accidents caused by distracted drivers are becoming a growing problem in America with drivers using their cell phones to not only make phone calls and text, but to record video and watch movies, all while they are behind the wheel. These actions not only put the driver but other drivers and pedestrians in danger. 

The National Highway Traffic Safety Administration (NHTSA) list drivers in their 20s to be responsible for 27% of distracted driving accidents. 38% of drivers in their 20s were using their cellphones at the time of the fatal accident. Have you been hit by a distracted driver? Speak to an auto accident attorney today at The Michigan Law Firm, PLLC.  Call 844.4MI.FIRM.

Walmart Truck Driver Pleads Guilty To Vehicular Homicide In Tracy Morgan Case

Back on June 7, 2014, Tracy Morgan, actor and comedian known for his antics on the TV show Saturday Night Live and for his character Tracy Jordan, on the TV show 30 Rock, was involved in a truck accident with a few of his friends. The crash with a Walmart truck left Morgan with a traumatic brain injury and several broken bones including his ribs and caused him to be in a coma for 6 days. Morgan's friend, fellow comedian James "Jimmy Mack" McNair, was killed in the truck crash. Now, two and a half years later, Morgan can finally put his truck accident behind him for good.

According to CNN, Kevin Roper, the driver of the Walmart truck, pled guilty to second-degree vehicular homicide and four counts of third-degree aggravated assault in Middlesex County Superior Court, in New Jersey. Roper was responsible for crashing into Morgan's chauffeured limo on the New Jersey Turnpike in Cranbury, New Jersey. At the time of the accident, Roper had been behind the wheel of the Wal-Mart truck after not sleeping in the past 24 hours. He had decided to drive 12 hours to work before starting his 14-hour shift, which according to federal regulations, which state that truck drivers should have at least 10 hours off in order to have enough time to sleep, is illegal. 

"Mr. Roper entered a guilty plea to certain counts of the indictment pending against him," Roper's attorney David Glassman told CNN in a statement. "In exchange, he was granted admission into the PTI program (pretrial intervention program)." By entering a 3 year PTI program Roper will be able to maintain a clean record, and the charges against him would be dismissed upon completion of the required 300 hours of community service while staying arrest free. 

Glassman’s own opinion of the court's decision was that the deal was "an exceptional result and opportunity given the serious nature of the charges and potential for far more serious outcomes. Kevin is grateful for this opportunity to get these charges dismissed and move on with his life."

As for Walmart's role in the crash, “Safety is the absolute highest priority for Walmart,” the retailer said in an emailed statement acquired by CBS New York. A Walmart company spokeswoman said that Roper’s truck was equipped with a system designed to slow its speed and notify him of stopped traffic ahead, but it is unknown if the system was working at the time. 

However, due to the notoriety of the accident, Walmart made an undisclosed settlement with Morgan back in May 2015. The only statement made about the settlement came from Morgan who said, "Walmart did right by me and my family, and for my associates and their families. I am grateful that the case was resolved amicably."

Tracy Morgan is currently on a comedy tour titled, “Picking Up The Pieces.” 

The Center for Disease Control and Prevention (CDC) reports that 72,000 crashes and 800 deaths are attributed to drivers who fall asleep behind the wheel.  The CDC states that the warning signs of drowsy driving include lane drifting, frequent yawning or blinking, and difficulty remembering the last few miles. If any of these symptoms occur, it is best for drivers get to a secure location and rest until they are able to proceed to their destination. If you or anyone you know has been involved in an accident involving a driver who fell asleep at the wheel, please feel free to contact the Michigan Law Firm PLLC. Our attorneys are highly qualified in dealing with a variety of motor vehicle accidents. Call us today, 844.4MI.FIRM, for a free consultation.

40 Car Pileup On I-96 Causes 3 Deaths

Around 9:30 AM on Thursday, December 8, 2016, Michigan's Livingston County Police dealt with a 40 car pileup that left 3 dead and 11 injured on the westbound side of I-96 between the the Okemos and Williamston exits. The pileup was a result of the recent snowfall causing whiteout conditions and had later frozen over the roads making them a hazard. 

“It was very chaotic for them to get to the victims to assess the situation,” Livingston County's Lt. Eric Sanborn said at a news conference.

When the police finally arrived to the scene, they found a semi-truck that had been jackknifed across the majority of the lanes on I-96. They counted about a dozen vehicles that were scattered across ditches. Some drivers were located on the median or shoulder of the highway and several dozen other vehicles were found to be severely damaged and had to be quickly removed from the road. 

The accident was so extensive, that the police closed down both the east and westbound lanes in order to rescue the cars that had slid into the median. Authorities also had to extend westbound I-96’s closure from M-59 to M-52 until later that evening, in order to properly remove the vehicles from the roadway. The eastbound expressway later opened for traffic at 2:50 PM.

Kathleen Gray, a Detroit Free Press reporter, was headed to Lansing, Michigan when she encountered the accident. She said the pileup caused "the most terrifying sound" she ever heard. Gray herself was almost hit by a tractor-trailer that skid on the ice behind her and was unable to flee due to traffic being at a standstill. "Fortunately, he was able to stop before plowing into me," Gray said, noting that "it probably took about an hour to get through the accident scene. Traffic was able to pull around the jackknifed tractor-trailer on the shoulder of the freeway."

With this recent snowfall and future ones in Michigan's forecast, drivers should let this accident serve as a grim reminder to drive slow, when there is snow.

As stated by the Free Press, the Michigan Department of Transportation announced that they, along with several road commissions and municipalities, will start using green lights on winter maintenance vehicles, which they hope will better catch drivers' attention and help reduce car crashes. No matter what precautions are taken however, car accidents are still always possible. If you or someone you know has been in an auto accident caused by hazardous weather conditions, please contact The Michigan Law Firm PLLC. Call us, at 844.4MI.FIRM for a free consultation.

Ann Arbor's Traffic Enforcement Campaign

Two years ago, Ann Arbor, Michigan was the target of a traffic enforcement campaign intended to get drivers to stop and yield to pedestrians at crosswalks. To enforce the campaign, officers were stationed at 36 crosswalks. Within six months, Ann Arbor police made over 1,300 stops, issued 480 citation,s and 903 warnings for speeding and other violations. This has led to an 11% drop in traffic stops within Ann Arbor. 

Of course, the campaign has received complaints but, since Ann Arbor pedestrian car accidents have decreased, the city council is looking forward to implementing the same campaign at Western Michigan University (WMU). The council has assigned $150,000 to WMU in order to increase driver yielding rates at crosswalks, more importantly, mid-block pedestrian crossings. The money is budgeted to pay the policing staff for overtime, work assignments, data preparation, field reviews, project managers and improvement to infrastructure such as signs and pavement markings. The city also intends to find and work with community partners like the Washtenaw Bicycling and Walking Coalition to address issues such as pedestrian safety. 

Since Ann Arbor's sidewalk ordinances are different from the rest of Michigan, the police are trying to make sure people are informed. This creates a bit of a challenge when some of the drivers who aren’t from Ann Arbor. 

Ann Arbor Police Officer Jamie Adkins, took the time to educate citizens about mid-block pedestrian crossings and what you should do when approaching them by saying, "[These are] marked crosswalks and unmarked crosswalks that have curb cuts. There are some nuances to it in terms of if they're coming into your path versus moving away from your path, but the crux of it is that Ann Arbor requires motorists to stop for pedestrians who are waiting to cross at the crosswalk.”

"The original program's success has been found to be sustainable through follow-up research four years later,” wrote city traffic engineer, Cynthia Redinger, in her memo explaining the study.

The study has also gained recognition in Florida through Ron Van Houten, a psychology professor at WMU, who is looking to implement the study for the National Highway Traffic Safety Administration. Drivers nationwide can look forward to seeing pedestrian crosswalk ordinances being enforced for public safety through traffic citations. With the nation's growing concern of accidents caused in pedestrian crossing zones, it was only a matter of time before states took notice and started to correct the problem. 

Ann Arbor's traffic enforcement campaign has brought to light how supplementing enforcement and education can greatly improve pedestrian and motorist safety. Studies have proven, that in changing drivers attitudes when approaching and yielding at crosswalks, it can, in turn, improve traffic flow and keep accidents from occurring in pedestrian crosswalks. If you or somebody you know has been injured by a driver neglecting to adhere to crosswalk ordinances, please call The Michigan Law Firm, PLLC.  Call us today, at 844.4MI.FIRM for a free consultation.

Macomb County Cop Found Not Liable For Dog Bite

Earlier this summer in Macomb County Circuit Court, Sheriff Deputy Kevin Szlaga was sued by Gail Foster of Kentwood, Michigan after Szlaga's police dog, Zeke, bit Ms. Foster on the forearm. The Michigan Court of Appeals overturned the lawsuit in a 2-1 decision claiming Szlaga has governmental immunity since he was operating within the course of his employment. 

The dog-bite accident occurred at Szlaga’s cottage in Clare County while both Szlaga and Zeke were off duty. According to Macomb Daily, Foster was attending a bonfire that Szlaga was hosting for the new neighbors in the area and tried to reach around Szlaga’s wife to pet Zeke. Zeke, who was tethered to the porch of the cottage at the time, bit Foster. As a result of the bite,  Foster required skin grafts and has been left with two permanent scars. The lawsuit asserts that Foster was attacked, but Macomb County attorneys state that she contributed to the dog bite by entering Zeke’s tethered range. 

Foster’s attorney, Glenn Saltsman maintained that immunity should not be applied in this instance because it wasn't a governmental function in which Szlaga and Zeke were exercising their police duties. Since the bite happened while on vacation and on private property, Saltsman argued that Szalaga was acting as a private citizen despite the dog being county property.  

County attorneys on the other hand, stuck by their convictions that Szlaga and by extension the county, are protected by governmental immunity and that if Szlaga were to be sued for anything, it would be gross negligence. Since Foster is found to be contributing to the bite and could have been informed of the dog’s history due to public records, the attorneys believe the suit should be dropped and that it should be noted that Zeke is the legal cause, laying liability on him and not on Szlaga. 

After the court's findings were revealed, Judge Deborah Servitto seemed to be in disagreement by giving her opinion on the case stating that there were too many unanswered questions about Officer Szalaga and Zeke’s relationship.

The CDC recommends that people shouldn't pet dogs that are unfamiliar to them. With 4.5 million dog bites occurring each year in the United States, it is unfortunate that one of them involves a policemen and his service dog.  If you or somebody you know has been a victim of a dog bite, call The Michigan Law Firm, PLLC. Our attorneys are highly experienced in pursuing dog bite cases and will work hard to give you the help you need. Call us today, at 844.4MI.FIRM for a free consultation.

Bus Driver Asked Children, "Are Y'all Ready To Die," Before Crashing

Johnthony Walker, 24, was charged with vehicular homicide after allegedly killing 5 children from Woodmore Elementary School, in Chattanooga, Tennessee, on November 21, 2016. Walker was a school bus driver transporting 35 children ranging from ages 5 to 10. According to CBS News, more than 20 children were injured and had to be rushed to the hospital after it took nearly two hours for emergency crews to clear them from the accident. Kirk Kelly, the interim school superintendent, confirmed that one of the children killed in the accident was a kindergartner, another was a first grader, and three of them were in the fourth grade. Kelly refused to release the names of the students, but did divulge that 12 of the students have remained hospitalized with 6 of them in intensive care. 

The accident was caused by Walker who was supposedly not paying attention and going well over the posted 30 miles per hour speed limit. Jasmine Mateen, whose 6-year-old daughter was killed in the crash, recounts, “My daughter said right before the bus flipped that he was speeding around the curve and asked them ‘Are y’all ready to die?’” According to another boy on the bus, the bus then hit a garbage bag and a mailbox before flipping over and finally wrapping around a tree.

The National Transportation Safety Board (NTSB) sent out investigators to acquire the school bus’ black box. The black box contains data of the vehicles movements which the NTSB will analyze to confirm or deny witness accounts and the local authorities' findings. NTSB chairman Christopher A. Hart says they are focusing on gathering witness accounts and any other evidence pertaining to the accident, including if the school bus had any cameras.

Ms. Mateen had a total of three children aboard the bus, including her daughter who died in the accident. One of the children, who was seated next to the sister who passed away, claims to have seen her sister “smushed” between the seats. Mateen, along with a few other parents whose children rode on Walker’s bus, claim to have complained about Walker’s incessant habit of speeding, before the accident but were unsuccessful in causing action to be taken. 

On whether or not the school district had received the complaints the parents made involving Walker, Amy Kutcher, the Hamilton County School District Spokeswoman, declined to say. Kutcher would only admit to Walker being an employee who was hired by an outside contractor, Durham School Services. “Legally there is no way that we could discipline someone who is not our employee,” Kutcher continued to say, “We’ve got 192 Durham bus drivers. Obviously, this is a bad one.”  
  
The Durham School Services CEO,  David A Duke, did release a statement via twitter saying that the company is “devastated” by the accident and are working with authorities as well as school officials to investigate the crash. The NY Post researched that Durham School Services, "has had 346 crashes over two years, including three resulting in deaths and 142 with injuries, according to federal figures. During that period, it had 53 incidents involving unsafe driving violations."

Walker actually had a sullied driving record. Not only was he found at fault in an accident in which his bus crossed the yellow line on a curve and hit another vehicle, on September 20th, but his license was also suspended for a month in 2014 for failing to show proof of insurance. Aside from a spotty driving record however, it did not appear that Walker had a criminal record in Tennessee. In fact, Walker's mother, Gwenevere Cook assured WDEF, “He don’t hang on the street, he don’t smoke, he don’t do drugs, he don’t drink. He’s never been in trouble, never, ever been in trouble.” Instead Walker was a father to a three-year old and a well-liked bus driver. 

Walker appeared before a judge on November 29, 2016 facing five counts of vehicular homicide and charges of reckless endangerment and reckless driving. According to CNN, a police spokeswoman said that a sixth vehicular homicide charge would likely be added.

School bus accidents are even more saddening than regular bus accidents as they involve children. As heartbreaking as the Chattanooga bus crash was, citizens of Michigan should remember that any type of motor vehicle accident is always possible. Injuries sustained in automobile collisions can be minor or may even lead to death. If you or someone you know has been involved in a motor vehicle accident, including a public bus or school bus crash, call The Michigan Law Firm, PLLC. Our firm is highly experienced in handling all types of automobile accidents and will fight to grant you any benefits you may be entitled to under Michigan Law. Let us do the hard work while you and your family focus on healing. Contact us, at 844.4MI.FIRM for a free consultation.

Hit and Run Accident In Mt. Clemens, Michigan

Detroit, Michigan resident Jazzmine Victoria Ransey, 23, was arraigned for a hit and run car accident where she allegedly struck her boyfriend with her car. According to the Detroit Free Press, the accident took place in Mt. Clemens on North River Court, shortly after 11 a.m. on November 11, 2016 in the Clinton Place Apartments parking lot. Deputies and fire personnel were dispatched to the scene where they found the car crash victim, Ransey’s 41-year old boyfriend. The injured victim was quickly rushed by ambulance to McLaren Macomb Hospital where he was reported to be in critical condition. The hospital also confirmed Ransey’s boyfriend suffered from serious injuries consistent with being hit by a vehicle. 

Jazzmine Ransey was identified as the main suspect after witness accounts placed her at the scene of the crime, running over the crash victim's head before fleeing. Local news has reported that when detectives contacted Ransey, she admitted to being involved in an altercation in the parking lot with her boyfriend earlier in the day. Upon further inspection of her 2002 Ford Taurus, it was reported that police found evidence that placed Ransey at the crime scene.  Ransey was later brought for questioning at the Macomb County Sheriff’s office. 

It was reported that Ransey was charged with one count of failure to stop at a crash causing serious injury.

If you or somebody you know has been injured in an hit and run accident, call The Michigan Law Firm, PLLC. Speak to an experienced Michigan personal injury lawyer.  Call us today, at 844.4MI.FIRM for a free consultation. 

Speight's Clavicle Fracture Cost Michigan A Win Against Iowa

University of Michigan’s quarterback Wilton Speight broke his clavicle in a game against Iowa on Saturday, November 12, 2016. Two opposing players tackled Speight and fell on top of him causing him to rotate his shoulder in obvious discomfort.  Speight was walked off the field and stuck on the sidelines while physicians poked and prodded at his shoulder for the remainder of the game. 

Having a fractured clavicle is a common injury in contact sports such as lacrosse, football, and soccer. However, most people are unaware that victims of an automobile collision are commonly known to have this injury as well.

3 Ways a Clavicle Bone Is Known To Break

  1. One of the breaks is called a distal clavicle fracture. The distal clavicle fracture is an ordinary injury from accidents occurring for example when a person hits the dashboard.

  2. The second clavicle fracture is a fracture that breaks in the middle of the clavicle bone. This injury is the most common type among car accident victims, and can be caused by overextending the arm in order to brace the person's fall.

  3. The third is the least common clavicle fracture, called a proximal fracture. The proximal fracture occurs near the breastbone, and may be caused by an accident victim's chest hitting the steering wheel upon impact. In severe cases the clavicle bone can suffer a compound fracture causing it to puncture through the skin or penetrate nerves, blood vessels, and even the lungs. These severe injuries can lead to an alarming amount of complications such as difficulty breathing and an exorbitant hospital bill for corrective surgery. 

The Symptoms of a Fractured Collarbone

According to the American Academy of Orthopedic Surgeons, the following are symptoms of a fractured collarbone:

  • Swelling, tenderness and bruising along the collarbone.
  • Increased pain and difficulty moving the arm.
  • The shoulder slumps forward, inward or downward.
  • A bump along the collarbone. 

A fractured clavicle in adults, generally takes six to eight weeks to heal in adults, so Speight isn't expected to take the maize and blue field anytime soon. “It’s going to depend on how he feels,” said University of Michigan football coach Jim Harbaugh. “Could be a (game-time decision). We will know based on what the doctors say and how Wilton’s feeling.”

It is imperative that anyone who has a fractured collarbone or has any of the symptoms of a broken collarbone should immediately seek medical attention, especially if involved in a motor vehicle accident. 

Having a clavicle fracture is a serious injury that can affect your life in a significant way. Not only do injuries sustained in automobile accidents prevent you from carrying out your everyday life, but they also cause medical bills to pile up. If you or somebody you know has suffered a clavicle fracture caused by a car accident, please call The Michigan Law Firm, PLLC. Our firm will work hard to get you any benefits you may be entitled to under Michigan law. Call us today, at 844.4MI.FIRM for a free consultation

Samsung's Latest Phone Is Literally Blowing Up

The Samsung Galaxy Note 7, praised for its bigger battery which could power the phone for an impressive nine hours, was supposed to be the next great phone for Samsung. According to The Washington Post, the company advertised that the phone was "designed to be a key that opens the door to new experiences on the go." Since its August 19, 2016 release, the Note 7 has indeed become known for all of the above, though not in the way Samsung had hoped.

On Thursday, September 15, 2016, the U.S. Consumer Product Safety Commission issued a recall of the new Samsung phones, saying that defective Note 7 batteries had been linked to "26 reports of burns and 55 reports of property damage, including fires in cars and a garage." The recall followed numerous reports, including one where police officers responded to a report of a car on fire in a residential neighborhood in a southern Florida beach town. Officers found a vehicle "fully engulfed in flames." The driver, who was unharmed, told police he had been charging his Samsung 7 phone when it burst into flames.

The first lawsuit related to the phone was believed to be made by a Florida man, who filed a claim against Samsung on September 9, 2016, alleging that his Galaxy Note 7 exploded and caused him severe burns on his right thigh and left thumb, Reuters reported. In the lawsuit, Jonathan Strobel claimed that his Note 7 exploded in his front pants pocket while he was at a Costco on September 9th. The explosion was intense enough to burn through his pants and also severely burn his left thumb when he reached in to try to remove the phone. "He has a deep second-degree burn, roughly the size of the phone, on his right thigh," Strobel's attorney, Keith Pierro, told Reuters.

Similar reports have continued to plague Samsung, since they first issued a voluntary recall of its Galaxy Note 7 phones because of a "battery issue" on September 2nd and offered to give replacement phones to customers who had bought the devices. The lithium-ion batteries in the phones could overheat and pose a safety risk, the company said after it had received a few dozen reports of Note 7 batteries catching on fire. "To date (as of September 1) there have been 35 cases that have been reported globally and we are currently conducting a thorough inspection with our suppliers to identify possible affected batteries in the market," the company said in a statement. "However, because our customers’ safety is an absolute priority at Samsung, we have stopped sales of the Galaxy Note7."

According to the British Broadcasting Corporation (BBC), in September, Samsung recalled around 2.5 million phones after complaints of exploding batteries. After having a replacement program in place to replace the recalled Note 7's, Samsung insisted that all replaced devices were safe. However, that was followed by reports that those phones were catching fire too. A Kentucky man said he woke up to a bedroom full of smoke from a replaced Note 7, days after a domestic flight in the US was evacuated after a new device started emitting smoke in the cabin.

Now, Samsung has permanently stopped production of the Galaxy Note 7. They had already reduced the Note 7 production volumes, but now, they have made the decision to completely stop producing the Note 7. Owners are expected to be able to return the phones for a refund or an exchange for a different Samsung phone. "We recently readjusted the production volume for thorough investigation and quality control, but putting consumer safety as top priority, we have reached a final decision to halt production of Galaxy Note 7s," the company said.
"For the benefit of consumers' safety, we stopped sales and exchanges of the Galaxy Note 7 and have consequently decided to stop production."

Consumer Tech Analyst Caroline Milanesi of Creative Strategies told the BBC that Samsung should "call it a day" on production of the Galaxy Note 7 to limit long-term risk to the brand.
However, South Korea's finance minister had warned that the country's exports would be hurt if the phone model was scrapped. In the end, Samsung decided that the safety of it's customers is what is most important.

Phones which set themselves on fire has the potential to cause several accidents. Whether a phone charging in a car causes the car to explore or a pedestrian with a smoking pocket walks into oncoming traffic, it appears that the Samsung Note 7 is a dangerous device. If you or anyone you know has been injured in a car accident due to the faulty manufacturing of a product such as the Samsung Note 7, call The Michigan Law Firm, PLLC today. Our attorneys are highly experienced in dealing with all types of personal injury cases and will fight to get you the help you need. Call us today, at 844.4MI.FIRM, for a free consultation.

How To Share The Road With A School Bus

It’s an average Tuesday morning, and you're in a hurry to get to work on time. Unfortunately, you are now driving behind a school bus which is stopping every 50 yards along its path to pick up students on their way to school. Many drivers flirt with the temptation of driving around and passing the bus, even as the lights begin to flash and the STOP sign comes out. Not only is passing a school bus while it’s stopped and picking up students illegal, it’s extremely dangerous. DriveSafely.net estimates that 50,000 motorists illegally pass a school bus every single day. While a good portion of these drivers make the decision to pass the bus because of a lack of patience, there are many drivers that pass a bus because they are not familiar with the local laws pertaining to school bus safety. 

The Michigan State Police (MSP) have outlined how driver’s should react when driving near a school bus, as well as the possible consequences for breaking the law. 

School Bus Safety Tips for Drivers: 

  • Prepare to stop when a slowing bus has its overhead yellow lights flashing
  • Stop at least 20 feet away for buses when red lights are flashing, unless driving in the opposite direction on a divided highway
  • Slow down in or near school and residential areas
  • Look for clues such as safety patrols, crossing guards, bicycles, and playgrounds which indicate children might be in the area
  • Watch for children between parked cars and other objects

The MSP suggests that drivers treat school buses as regular traffic signals. When the overhead lights are flashing yellow, drivers should prepare to stop. If the bus lights are flashing red, stop immediately and do not attempt to pass the bus. When hazard lights are flashing, it is okay to proceed around the bus with extreme caution. The MSP also encourages parents to have a talk with their children about what they can do to stay safe when boarding and exiting the school bus. Children should stay in sight of the bus driver at all times, and always walk around the front of the bus, not the rear. Children are also advised to not hurry off the bus, and make sure that there is no oncoming traffic before crossing the street.

Governor Rick Snyder signed a bill into law in 2012 which made it illegal to pass a school bus while it is unloading students under any circumstances. Violators of the law could pay a fine between $100 and $500, as well as serve a required 100 hours of community service. 

No matter how frustrating it may be to get stuck behind a school bus, there is no excuse for breaking the law and endangering school children. If you find yourself getting stuck behind a bus on a daily basis, it may be best to find a different route to work. If you or somebody you know has a child injured due to a car attempting to pass a school bus, please call The Michigan Law Firm, PLLC. Our firm will work hard to get you any financial support for medical services and any other expenses you may experience, that you may be entitled to under Michigan law. Call us today, at 844.4MI.FIRM for a free consultation. 

Playing Pokemon Go While Driving May Cause Accidents

Pokémon Go has come under fire recently due to several accidents that have been caused by people who are playing the game. For those who don’t know, Pokémon Go is a location based augmented reality game for mobile devices. The game, which is available on both Android and iOS devices, works by using the GPS in a user’s phone to determine that user’s location. Based on the user’s location, the game then causes Pokémon appear around the player's character which the player can try to catch. In the past, people who played other Pokémon games were able to catch Pokémon only within the game, on the devices screen, but Pokémon Go lets users try to “catch ‘em all” in real life, which has been appealing to millions of users.

For those who don’t know what Pokémon is, it started off originally as a video game for the Game Boy device. The name Pokémon is believed to translate roughly to Pocket Monsters. Basically, Pokémon are virtual creatures that the player, or "Pokémon Trainer" attempts to catch by throwing a "pokeball" at it. Once caught, the Pokémon then belongs to the Trainer who caught it.

The reason Trainers want to catch Pokémon is so that they can train them to become more powerful, with the intent of battling other Trainers. Originally, there were two main goals or premises of the game. One was to travel around the virtual Pokémon world to defeat all eight Gym Leaders, who were very skilled Trainers. After defeating the Gym Leaders, Trainers would face off against the four best Pokémon Trainers in the game, known as the Elite Four. Once the Elite Four were defeated, there were no real goals left to achieve, except to complete the Pokédex, by catching one of every single Pokémon in the game.This was the second main goal of the game. 

Pokémon Go takes the same basic premise as the original video games, except it allows players to feel like they are actually catching these Pokémon in real life, because they only appear based on the player's location and surroundings. The application also allows players to take pictures to show the Pokémon actually appearing in their surroundings. 

While this game has been enjoyed by millions of people since it's release, it has also been causing dangerous car accidents. Since Pokémon only appear the GPS location is moving in real life, and certain Pokémon only appear in certain locations, some users are playing Pokémon Go while driving. This dangerous distracted driving has led to many accidents due to users not paying attention to the road. These accidents have ranged from single-car accidents, to multiple-car accidents, to pedestrian acciddents, and have caused a lot of people to be upset with Niantic, the company that created Pokémon Go.

In response to the complaints, Niantic has tried to put out measures in to prevent users playing Pokémon Go while driving, such as displaying an alert message whenever a user opens the app, which says “Do not play Pokémon Go while driving.” More recently, Niantic also has created a pop up message which appears when the application believes a player is going to fast, and which blocks the user from playing unless they agree that they are a passenger in the vehicle.

In addition to the safety reasons for not playing Pokémon Go while driving, Click On Detroit reports that drivers playing Pokémon Go could also face jail time and fines if caught catching and driving. Michigan has laws against reckless driving. Motorists are likely to be pulled over by law enforcement if they are a threat to themselves or others on the road.

Using Pokémon while driving is very dangerous and may result in motor vehicle collisions. If you or anyone you know has been involved in a car accident caused by a distracted driver, call The Michigan Law Firm. Whether you were hit by a driver playing Pokemon Go or any type of distracted driver, our attorneys can help you. Call us today, at 844.4MI.FIRM, for a free consultation.

Ford Invests $150 Million In Velodyne

Driverless cars are a concept that many have been dreaming about for years. However, we are now in an age of technology where driverless car features are not only possible, but actually exist and are starting to gain steam with big time auto manufacturers like Ford and GM. In addition to some driverless features, companies like Ford are wanting to develop a completely autonomous car. According to the Detroit Free Press, Ford is aiming to have such a car available by the year 2021.

In an effort to work towards their goal of having a completely driverless car by 2021, Ford, along with web services company Baidu, recently invested $150 million in Velodyne. Velodyne is a Morgan Hill, California based company that was founded in 1984 which produces high-end audio systems, but it is now on the forefront of the driverless vehicle frontier. Velodyne received $150 million from Ford and Baidu to continue development and production of Lidar, which is the 3-D light-powered radar that helps self-driving cars see where they are going.

Mike Jellen, the company's president and COO, said the investment will help expand development and manufacturing operations and also speed the advancement of Lidar technology. "We ship Lidar today, we have thousands of them in the field, but what automakers are really looking for are longer-range sensors and higher-resolution sensors at a lower cost," Jellen said.

Until recently, Velodyne's Lidar systems cost about $8,000 — too high to be cost effective for an automaker trying to sell to individual customers. Later this year, Velodyne will begin producing a system that could cost as little as $500 for each unit, if a high enough volume is ordered. This is good news for Ford, because it means that their goal of trying to bring a completely driver-less car to market by 2021 is starting to look like a goal that can be reached. 

One concern for customers and manufacturers of driverless cars is the issue of how safe the technology of the autonomous car is, and whether or not these cars will be involved in more or less crashes than a normal automobile. Until autonomous cars become mainstream however, we won't know exactly how safe they are. In the meanwhile, drivers should be careful while operating human controlled vehicles on the road. If you or somebody you know has been injured in a car accident, call The Michigan Law Firm, PLLC. Car accidents can cause a lot of stress which our attorneys hope to alleviate by working hard to help you. Call us today, at 844.4MI.FIRM, for a free consultation.

NFL Takes Precautions Against Concussions

The 2016 National Football League (NFL) regular season started  on Thursday, September 8, 2016. This is an exciting time of year for many NFL fans, as it is a brand new season full of hopes and dreams for their favorite NFL team.

Another exciting thing that comes with the start of the NFL season is the start of fantasy football. For many who play fantasy football, the hope for a new fantasy season can match or even sometimes exceed their excitement for the actual NFL season. Of course, one of the concerns that comes with fantasy football every year, as well as with NFL teams, is injuries to athletes that play this game. This year in the NFL, a new rule change is being implemented that is thought to help with reducing injuries. This year when a team receives the ball on a kickoff, and the play results in a touchback, the receiving team will be awarded the football at the 25-yard line.

In previous years in NFL history, teams were given the ball on only the 20-yard line after a touchback. The main reason behind this change is believed to be to try to cut down on concussions across the league. On a kickoff, players are usually moving faster than on almost any other type of play, and with 22 total players running full speed at each other on the kickoff, many injuries have resulted on kickoffs in previous years. The NFL has been trying to find ways to cut back on concussions in previous years, changing many rules and details of the game to try to avoid concussions as much as possible.

According to ESPN, The NFL says reported concussions in regular-season games rose 58 percent from 2014 to 2015, the highest number (182) in any of the past four years. Jeff Miller, the NFL's Senior Vice President of Health and Safety Policy said during a conference call, that the league will study what might have caused the incidence of head injuries to rise so much this season. Among the possible explanations Miller mentioned were a doubling in the number of players screened for possible concussions, "unprecedented levels of players reporting signs and signals of concussions," and that trainers who work as spotters or independent neurologists on sidelines "are much more actively participating in identifying this injury." As the season is already underway, it will be interesting to see if the new rule helps to decrease concussions from 2015 to 2016.

Brain injuries from concussions can be very serious injuries, but it isn't just NFL players who deal with concussions and the lingering issues that can stem from concussions. Concussions can also occur when involved in a motor vehicle accident, even if the accident wasn't a major one. If you or anyone you know has suffered a concussion or any other injuries from a car accident call The Michigan Law Firm today. Our attorneys are highly experienced in dealing with all types of motor vehicle accidents and will work hard to get you the help you need. Call us today, at 844.4MI.FIRM, for a free consultation.