New Apple Technology Seeks to Break Bad Driving Habits

Do-do-do! Your iPhone goes off from the car's cup holder signaling a text message. You pick it up to read it while simultaneously switching to the far left lane on the freeway and speeding up. It’s your best friend. The text says that he needs to call you right now to talk about last night's episode of The Walking Dead. You turn down the radio and dial his number as you grab a fry out of your McDonald's bag and stuff it into your mouth. With both hands off the wheel, you accidentally serve into the lane to your right. The car behind you and the car to your right honk! You abruptly drop your phone and use both hands to get back in your lane. Now you hear your phone ringing but it's lodged in the space between your seat and the center console. You sigh and try to fish it out while driving singlehandedly.

Sound familiar?

This is what it is like to drive distracted - something many of us have done but hate to admit. In fact, the National Highway Traffic Safety Administration (NHTSA) says that, daily there are about 660,000 drivers who use their cell phones while driving. The constant need to multi-task and the busy work life of hundreds of thousands of Americans endanger the safety of everyone on the road.

Therefore, as technology continues to develop, companies are being challenged to develop products that are not only new and improved, but that keep individuals safe while driving. Many cars already have wireless programs that allow drivers to talk on their phone or respond verbally to text messages without having to take their eyes of the road or their hands off the wheel. However, cell phones are still easy to check and within reach of the steering wheel, making cell phone usage while driving a lethal combination.

Apple’s latest software, iOS 11, has been created with these distracted drivers in mind. Its newest feature, called Do Not Disturb While Driving (DNDWD), is designed to prevent people from checking their phones while driving a car. Engadget tried out the new software and explained that the program uses Bluetooth or WiFi doppler effect to determine how fast a phone's user is moving. If an iPhone user is moving at high speeds, like those achieved while riding in a car, a blank screen will appear if the user tries to use the phone, in order to shield drivers from the constant flow of notifications and alerts. There is however an option to disable DNDWD when the program prompts users to say whether or not they are the drivers, thereby allowing passengers in moving cars to freely use their mobile devices.

The feature also has the capability to auto-reply to text messages, telling your phone contacts that you are driving and will view their messages when you reach your destination. There is even an option to customize certain contacts, allowing them to text back “urgent” to have their text message come through even if Do Not Disturb While Driving is on. Obviously, this feature is only intended to be used in case of emergency. While no software can prevent complete distraction, iOS 11 is Apple’s way of making iPhones safer for drivers. These efforts may dramatically decrease distracted driving.

Source: GIPHY, FX's Louie

One demographic that can definitely benefit from DNDWD is teenagers. Teens are the largest age group reported to have engaged in distracted driving behavior when involved in fatal car crashes. Young people also make up the majority of smartphone users in the United States. With DNDWD, Apple has discovered an easy way to save the lives of many of its teenage iPhone users, even marketing the idea of safe driving as “cool.”

Teens aside, distracted driving is not something for adults to take lightly either. Distracted driving may lead to serious injuries and death from car collisions in any age group. Alarmingly, 3,477 people were killed by distracted driving accidents in 2015 alone. Parents need to lead by example for their children, who may make the excuse that “Mom does it,” to use their phone while driving. In some states, it is against the law to text, talk on the phone, or participate in other distractions while driving. Yet time and time again, adult drivers pick up their cell phone while also driving on the road. Citizens of Michigan are especially guilty of this action since cellphone usage while driving is not illegal in Michigan. By utilizing Apple’s Do Not Disturb While Driving feature, drivers of all ages, Michiganders included, have even less of an excuse to drive distracted and are encouraged to choose to be safe rather than sorry.

Aside from any emergency situations, most motor vehicle accidents caused by distracted driving are completely avoidable. The next time you drive, consider the serious and deadly consequences of driving while distracted. Pick your radio station before leaving the driveway, save the snacks for the dinner table, do your makeup and shave in a bathroom mirror, and keep your pet securely fastened away from the driver. Most importantly and most easily, keep your phone in the back seat, in a purse or bag, or just simply turn it off. If a phone must be kept on, use programs designed for your safety, such as DNDWD, to help break the bad habit of checking every text, game notification or Instagram post, while driving. Explaining to the ER doctor that you wrapped your car around a tree because you needed an update on the Tigers game is not fun.

Source: GIPHY, SmallBizTechnology.com

Distracted driving is a constant threat to drivers and passengers. Cell phones are a common form of distraction, taking driver's eyes, hands, and ears off the road, possibly leading to a car crash. If you or someone you know has been been the victim of a motor vehicle collision caused by distracted driving, call The Michigan Law Firm, PLLC at 844.4MI.FIRM. Our firm offers free consultations for those who need assistance in navigating their legal options while recovering from their car accident injuries.

Pedestrian Deaths Increase Due To Wearing Headphones

In January 2017, Christopher Laurence Duncan was struck by an Amtrak train in Lima Township, Michigan and was later pronounced dead at the scene. Michigan State Police believe that Duncan was walking along the train tracks with his headphones on and did not hear the train approaching. The conductor onboard the train claims that he sounded his horn at Duncan and resorted to using the emergency stop brakes but was unable to stop in time to avoid the train crash. Despite the high speed and loud sounds of the train, which was going 76 mph towards him, Duncan remained blissfully unaware of the commotion because he was handicapped by the sounds blasting from his headphones instead.

Train vs Pedestrian Accidents Are On The Rise

Unfortunate and probably preventable deaths like Duncan’s have shown to be on the rise according to a study by LiveScience. The study gathered information from 116 vehicle accidents in the U.S. between 2004 to 2011 involving a pedestrian wearing headphones. The results highlighted that most of the civilians who were wearing headphones were under the age of 30. and that most of the vehicles involved in those accidents were actually trains. It should also be noted that more than 66% of the victims were also male.

The lead author of the study and ER doctor at University of Maryland Hospital for Children, Dr. Richard Lichenstein did divulge however that based on the data collected for the study, that it was hard to determine if the victims were crossing the tracks or had fallen onto the tracks. The data however did show that about a third of the vehicle drivers sounded the horn to alert the pedestrian before the impeding motor vehicle crash. 

In a statement, Dr. Lichenstein said, "Everybody is aware of the risk of cell phones and texting in automobiles, but I see more and more teens distracted with the latest devices and headphones in their ears. Teenagers may not be as experienced or as conscious of their surroundings, and they're just zoning in on their music."

As a result, nearly 70% of the 116 accidents reviewed in the study resulted in death. Researchers state that the pedestrians wearing the headphones are distracted and experiencing sensory deprivation which can lead to ‘inattentional blindness’. This means that the distracted person's mental attention has been reduced, which in turn causes them to be involved in accidents as they are not aware of any impeding dangerous situations around them. 

Ways To Mitigate 'Inattentional Blindness'

The best way to avoid an accident like the one Duncan was in, is by completely disconnecting one's self from electronic devices that cause some kind of sensory deprivation such as headphones, eye wear like virtual reality glasses, and other devices that draw a large amount of attention away from other senses. If such devices must be used, it is important to try limit the amount of distraction by turning down the brightness or volume of the device, especially when in public.  It is also important to watch the social cues of others in the vicinity to infer if danger is imminent. 

Inattentional blindness is a serious mental handicap that many people can be unaware that they are experiencing. It is human nature to believe that we can multitask and take in our surrounds at the same time without error. However likely that maybe for some people, such behaviors are usually unsafe. Like pedestrians, motorists who talk or text on the phone while driving are also engaging in this dangerous multitasking behavior and are placing others at risk.

Dr. Lichenstein's study is one of many showing the increasing hazardous situations pedestrians are placing themselves in by becoming preoccupied with their wireless devices. Headphones cause users to zone out one's surrounding which in turn can lead to them not reacting in time to avoid being involved in a motor vehicle accident. Have you or loved one been injured in a car or train accident as a pedestrian? Call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. When you are fighting for your rights, having an experienced and knowledgeable law firm in your corner is an advantage you need. 

The Impact of Autonomous Cars on the US Economy

There has been continuous buzz about self-driving cars over the past few years, with successful tests and disastrous accidents alike, being reported in the news. There is no doubt that such a ground-breaking invention will change transportation norms throughout the United States, just as Henry Ford’s automobiles forever changed the way to get around the country.

In fact, Wired reports autonomous vehicles are expected to add $7 trillion to the U.S. economy over the next 35 years, based on data from Intel and research company Strategy Analytics. This is no small number, considering just robotic cars alone could add $2 trillion to the nation's economy by 2050, not even taking into account the current jobs and businesses that will be affected financially. To put these numbers into perspective, $1 trillion could buy about 40 million new cars, according to Kiplinger. But what makes up this enormous number?

Self-Driving Cars and Jobs

Autonomous cars are predicted to positively influence the economy in the coming years, but their impact will be spread unevenly across sectors. Companies like Google and GM who have invested in making this technology a reality, will see the most money. Then, for the average Joe, the industries that will likely see a rise in job demands include data analysis, IT, and mechanics. Just like our smart phones and credit cards, autonomous cars collect data on a driver's habits, which in turn creates jobs for humans who need to sort and analyze this data. Intel reports jobs in information technology (IT), though they will see a shift from actual discovery of information to the management of machines finding information, will almost double in intensity. Additionally, the number of miles driven is expected to rise, increasing the need for cars, self-driving or otherwise, to be repaired by mechanics. 

On the other hand, there will also be a decline in jobs, especially for people working in the service industries. Jobs like food delivery and taxi services may no longer be needed with the use of self-driving cars. This brings into effect the concept that Intel and Strategy Analytics call "The Passenger Economy," an idea which places economic and societal value on pilotless vehicles. Essentially, why hire humans to do a job that cars can do on their own? While they profit either way, this is a question that companies like Uber will have to face when replacing human drivers with company vehicles. 

It should also be noted that self-driving cars may create jobs that are still unknown. After all, with new technologies come new jobs the market previously did not anticipate. On the flip side, new technologies could also make jobs that currently exist obsolete. No matter which sectors see an increase or decline in job security, the fact remains that the American economy will still receive an estimated $7 trillion economic boost (or even even bigger-no one can put an exact number on the future!) Just like the Model-T helped restructure city spaces and bring the suburbs into existence, autonomous vehicles have the ability to transform job markets. There are endless possibilities for economic reform.

Autonomous Car Regulations

Though all the glory of creating thousands of new jobs and boosting the economy sounds appealing, it does not happen without the technology meeting all safety standards first. Which is why, the National Highway Traffic Safety Administration (NHTSA) is not counting their chickens before their eggs hatch. The NHTSA has released the Vehicle Performance Guidance for Automated Vehicles, a document which, "outlines best practices for the safe design, development and testing of automated vehicles prior to commercial sale or operation on public roads." Included in this document is a 15-point safety assessment that requires manufacturers to meet objectives such as operational design, post-crash response, privacy, and cybersecurity before their cars can go to market. Considering that 94% of automobile crashes are due to human error, there is definitely room for technology to advance driver safety. Hopefully, if all autonomous vehicle manufacturers can meet the standards set by the NHTSA, this will be a step in the right direction to saving lives. 

The Future of Self-Driving Cars

What does all this mean for people who are willing to give up their spot behind the wheel and let the car drive itself? (That is a scary thought for a lot of people!) Well, most people want more proof that these cars won't crash and will safely deliver them to their destination before they surrender the wheel. That is why companies who create autonomous car technology need to be regulated to ensure absolute safety in their products and so that consumers are not just paying for the newest trend in transportation. Put simply, this technology needs to save lives and be safer than the transportation methods we already have. Gill Pratt, CEO of the Toyota Research Institute said to Consumer Reports that “there’s no way that we as a society would accept self-driving cars that cause the same number of fatalities as humans.” 

In 2015, there were roughly 35,000 traffic deaths in the United States. Future autonomous vehicles must allow for more safety if they are to replace human drivers. People also need to remember that transportation technology takes years of planning before it can be used in everyday lives, and that for now, only people can drive cars. Testing allows room for development and improvement, but overall “we expect machines to be better than us,” as Pratt said.

Until it's proven that autonomous vehicles are safer than human-operated vehicles, humans need to be careful when driving on the road today. While we may one day be able to sleep while a car drives us around, we have to make sure that for now, we don't fall asleep behind the wheel! Sleepy driving, distracted driving, and drunk driving are bad human habits that can lead to serious injuries and death in the event of a car crash. By following the rules of the road and maintaining good driving habits, people can protect themselves from being involved in fatal car accidents. 

At the end of the day, it is impossible to plan the future or to predict how large of an impact autonomous vehicles will have on the economy or auto law. What we do know is that self-driving cars will add jobs, take away jobs, and, based on how well they are regulated, even save lives. 

Self-driving cars are growing closer to reality than we think due to the rapid development of technology. However, today, we still rely on people to drive vehicles, and as such, following the rules of the road is the best way to stay safe and to avoid motor vehicle accidents. If you or someone you know has been in involved in an auto accident, please contact The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation.

The Dangers Of Driving In Heels

A Florida woman from Fort Walton Beach claims that her flip flops are the reason behind her automobile accident. The anonymous female driver stated that she was in the process of backing out of her driveway when her foot slipped and her heeled shoe got caught under the gas pedal preventing her from braking in time. She crashed through her neighbor's house across the street and nearly killed a young boy in the process. Accidents like this may seem outlandish but are more common than people might believe. In fact, a UK court recently heard an ex-model's tale of how she accidentally hit a cyclist while test driving a car, due to wearing 2-inch-heels.

Why Proper Driving Footwear is Important

The model in the UK case was Julie Hunter. Ms. Hunter was supposedly test driving a car in a 30 mph zone but was going 50 mph. In an attempt to avoid hitting another vehicle on the road, Ms. Hunter spun out her car and hit a cyclist named Debbie Riches. Upon impact, Riches’ bicycle flew 20 feet into the air before landing and becoming pinned under Ms. Hunter's vehicle. Ms. Riches was pinned under Hunter’s vehicle for about 30 minutes until fire crews arrived and were able to lift the car by utilizing inflatable airbags. Riches was pronounced dead at the scene. The medical team rushed Hunter to a nearby hospital for her fractured skull and internal ear damage.   

The crash investigator who worked on the scene determined that there weren’t any mechanical issues with the car Hunter drove or the bicycle that Riches was riding at the time of the accident. However, the investigator did say that the, "very high" heels worn by Hunter may have inhibited her ability to drive. 

Examples of Improper Driving Footwear

Coincidentally, Shell Oil Company conducted a survey on over 1,000 drivers and determined that at 29% of drivers aged 18-30 are more likely to drive while wearing inappropriate footwear, including shoes with wide bottoms, thick soles, or even driving barefoot. Shoes that have wide soles can make it harder for a driver to properly place their foot on one pedal at a time. In a similar sense, shoes with thick soles make it harder for a driver to gauge the amount of pressure needed to apply to the pedals. Respectively, improper footwear does not just pertain to woman, but includes male footwear as well. Some typically male styles of shoes that may be improper for safe driving include oxfords, work or steel toe boots, and sandals.

The Recommended Footwear for Driving

The Telegraph advises that drivers should stick to shoes like the moccasins or athletic footwear for easy stow-ability, comfortability, and proper sole-to-pedal ratio. Motorsports shoes are also a responsible alternative to prevent scuffing while providing grip. 

With summer having arrived in Michigan, many drivers refuse to wear anything but sandals until cold weather hits returns. These drivers should remember the importance of wearing proper foot gear as a precaution to avoid getting into car accidents. If compromising their style is their biggest worry, drivers can keep a pair driving appropriate shoes in their car year round that they can switch out with whatever shoes they want to wear once they get out from behind the wheel of their motor vehicle. Valuing fancy footwear over driving safety is not worth a trip to the ER!

All drivers, and not just ladies, should be aware of the shoes, or lack their of, that they wear when driving. Wearing the right footwear could possibly prevent motor vehicle accidents. If you or a loved one have been injured in a car accident, The Michigan Law Firm, PLLC at 844.4MI.FIRM today, for a free consultation. 

Belle Isle's Detroit Grand Prix

The Chevrolet Detroit Grand Prix, a staple event in the Motor City for the last three decades, took place from June 2-June 4, 2017 on Belle Isle. The results ended in a weekend sweep for driver Graham Rahal, who became the first IndyCar driver to win both races in the Grand Prix doubleheader. Rahal has followed in the footsteps of his father, Bobby, who won one of the races at the event in 1992.

Over 100,000 fans from around the area attended the three-day event, gathered in bleachers near the track to watch cars race by at speeds up to 150 m.p.h. For fans, there is a fascination created from race cars zooming by combined with the classic Michigan location. The racers movements around the track are so elegantly sleek and the air on the track is so charged that it can seem as though anyone can just jump in a car and step on the gas pedal. However, looks can be deceiving as only the professionals are capable at taking round turns and switching lanes at high speeds without flipping their cars and causing serious injuries to themselves. This precaution leaves all other non-race car drivers to keep an eye on speed limits and follows the rules of the road in order to avoid motor vehicle accidents and even death. 

It's not news that speeding endangers the lives of drivers and those around them. In fact, in 2014, 9,262 lives were lost due to speeding-related crashes. Plus, according to the National Highway Traffic Safety Administration (NHTSA), one of the factors that inspires people to speed is the feeling of detachment drivers feel when inside a motor vehicle. It is easier to disregard speed limits when one feels like their behavior on the road cannot be seen by others. However, drivers on local roads can be observed by others, and speeding does lead to severe crashes and fatalities. When getting behind a wheel of a car, people need to remind themselves that they are not on a race track and the high speeds like those at the Grand Prix are not suitable for everyday roads.

There are a variety of ways to prevent accidents caused by speeding. In general, drivers should pay attention to signs listing speed limits and go slower than what they believe the limit is, when they do not see any signs. People also need to go extra slow in highly congested areas and where there are many pedestrians. It is important for fans of race car driving to remember that these high speeds are made for tracks and experienced drivers, and that high speed driving should not be imitated on local roads.

The fast paced competition on Belle Isle this weekend provided endless entertainment for people as they took in the surrounding view of the Detroit skyline and cheered on their favorite drivers. It brought fans together from across the area, wondering who would be the one to pass all the other cars for the trophy and a victory lap. The big weekend winner, Graham Rahal, said to the Detroit Free Press that, “when you get a chance to win a race, you never take it for granted.” While enjoying the sport, fans of the Grand Prix and other high-speed race car competitions also need to keep an eye on the speed limits of local roads, so they too can enjoy safe driving without taking it for granted.   

The Motor City is known for its love of sports, including race car competitions like the Grand Prix. Fans of high-speed races need to make sure that they drive within the speed limits on local roads, and remember that they are not on a race track. Following speed limits and the rules of he road can help drivers from being involved in high speed car accidents. If you or someone you know has been the victim of a speeding car crash, call The Michigan Law Firm, PLLC for a free consultation today. Contact us at 844.4MI.FIRM.

Detroit's New MoGo Bike Share Program

Detroit, Michigan is working diligently to expand its reputation beyond being the Motor City. Not only is the Q-Line up and running to the public, but now a bike share program, MoGo, has been added to the Detroit transportation roster. Sponsored by Henry Ford Health System and Health Alliance Plan, MoGo has 430 bikes in 43 stations found in 10 Detroit locations such as the Eastern Market, Woodbridge, the New Center area, Lafayette Park, Southwest Detroit, the Riverwalk, Clark Park, and of course in Downtown. MoGo lists reasons to get behind the bike-share initiative, by saying that it saves money, saves time, is fun, and is green. Not only can people travel throughout the city, while enjoying a more scenic route, getting exercise, and reducing their carbon footprint, but the bike-share program also helps those who are rushing to and from bus stops, the Q-Line, and other transit stops.

The executive director of MoGo, Lisa Nuszkowski told The Detroit News that, “They say it takes a village to raise a child. If that’s the case, then it takes a city to launch a bike share, that’s for sure. Bike share can transform the campus community, and it will transform community health as well.”

The Detroit News also mentions that, "Garry Bulluck, deputy chief of Mobility Innovations for Mayor Mike Duggan, said MoGo, the QLine and improved transit in the city are the building blocks of a transportation network that is going to be world class. “It’s an opportunity just not for people to access different parts of downtown Detroit, but also to increase physical fitness. ... This is about people’s lives.""

How Does MoGo Work?

Since MoGo has bike stations spread out all over the city as far as Southwest Detroit and North End, riders have easy access to a bike station near them. Then, renters can go to www.mogodetroit.org, to see how many bikes are available and how many bike docks are open. MoGo also uses two apps, Transit App and Cyclefinder.

As far as handling the bike return properly, riders will know if the bike is properly docked by waiting to see if the light on the dock turns green. For those who wish to ride as a group, 4 bikes can be rented and removed at a time. Bikes are available to rent 7 days a week, 24 hours a day, and 365 days a year, if weather permits it.

How Much Does MoGo Cost?

For those bicyclists who plan to use a bike on-and-off throughout a day, daily passes are available for $8. There are also monthly passes ($18), annual passes ($80), and access passes ($5) for registered members of state benefit programs. These passes allow for unlimited 30 minute rides for their respective duration. It is important to note that any ride is limited to 30 minutes, unless extra time is needed, in which case riders will incur an additional $4 for every extra 30 minutes, or $2 with any of the passes. In case a bike is lost or stolen, renters will have to pay a $1,200 fee.

For a limited time, MoGo is offering a Founders Pass ($100) that includes a MoGo Founders T-shirt, four Daily Passes to give to friends and family, and the opportunity to ride in their launch event, in addition to an annual pass.

Bicycle Safety

The MoGo bicycle was manufactured in New York, and is reddish in color with black seats, relaxed handlebars, a basket, plastic protected fenders, and lights. At this time however, bike helmets and other safety equipment do not come equipped with the MoGo bikes, and nor are they handicap accessible. MoGo is waiting on additional grants so that helmets, hand bikes, and tandems will be available for the public at-large. MoGo users and bike riders in general are asked to be careful while out during anytime of day, but especially at night. So, until MoGo implements safety features, it's important for MoGo renters, to wear reflective and protective gear while riding and to be mindful of other bike riders and motorists on the road. This is actually a good rule of thumb for any bicylist and not just MoGo renters, as taking such safety precautions can help bicyclists avoid getting into car collisions and bicycle accidents.  

MoGo Bike share is an awesome addition to the revitalization of Detroit. Hopefully, with the bike share program in use, added tourism and fitness excursions will further help the health and economy of Detroit. With the soon to be flourishing bicycle scene in Detroit however, it is important for motor vehicle operators and bicycle riders alike to be extra mindful of road safety in order to avoid serious injuries from bicycle car accidents. If you or someone you know have been injured in a bicycle accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. 

Cyclist Hit By An SUV In Crosswalk

A lawsuit was filed in Chicago by the husband of a woman struck on her bike in a crosswalk by an SUV. The lawsuit is a wrongful death lawsuit against 56-year-old driver Hanna Burzynska. Eric Jakubowski, the cyclist's husband, is seeking more than $100,000 for his wife Joni Beaudry, according to the Chicago Tribune. Authorities state that Beaudry, had activated the crossing signal before riding her bike in the crosswalk.

“This is a situation where no amount of money can ever change the circumstances here," said the personal injury attorney representing the Jakubowski family.

The Jakubowski lawsuit claims that Burzynska “carelessly and negligently drove and operated [the SUV] and failed to keep a reasonable [and] careful lookout ahead for other traffic or pedestrians attempting to cross [the road].” This personal injury suit seeks monetary compensation for medical expenses, funeral expenses, and burial expenses. Another reason Jakubowski filed the lawsuit is  pain and suffering due compensation for the loss of Beaudry. 

Burzynska was originally charged with a $150 fine following the auto accident and was later issued fines for misdemeanor traffic citations including failure to yield to a pedestrian and failure to reduce speed. Her attorney, stated that Burzynska has also suffered as a result of the accident “not nearly to the degree of this family but psychologically...she's not been able to work.”

According to the National Highway for Traffic Safety Administration (NHTSA), in 2014,  deaths similar to Beaudry’s accounted for 726 deaths, the equivalent of nearly 2 lives lost every day. However, 50,000 injuries were reported due to bicycling versus motor vehicle incidents. The NHTSA research shows that 29% of cyclists are killed as a result of accidents involving motor vehicles.  The Center for Disease Control and Prevention (CDC) listed some promising interventions that could protect cyclist when traveling. 

Interventions that showed to be promising in reducing auto accident injuries and fatalities to bicyclists include: 

  • Wearing fluorescent clothing that also aids cyclists in being visible from further away. 
  • Dressing in retro-reflective clothing to allow bicyclists to be visible at night.
  • A cyclist can fit their bike(s) with active lighting that can be attached to the tires or the bike frame for increased visibility. Active lighting includes the front white and rear red lights that usually come attached to the bicycle. 
     

The Michigan Law Firm, PLLC is a personal injury law firm located in Birmingham, MI.  Our firm handles serious injury cases throughout the state.  Speak to a Michigan accident lawyer today. Call 844.4MI.FIRM for a free consult.  You deserve a great lawyer.

Michigan Supreme Court Ruling Affects Medical Providers And Car Accident Victims

FOR IMMEDIATE RELEASE - Friday, May 26, 2017

FIRM CONTACT: Josh Freedman Business Manager & Director of Provider Department Josh@TheMichiganLawFirm.com

Birmingham, MI - Yesterday, the Michigan Supreme Court issued a significant ruling in the Covenant Medical Center v State Farm Mutual Automobile Insurance Company case that affects all Michigan medical providers who treat auto accident victims.  The Court ruled that “a healthcare provider does not possess a statutory cause of action against a no-fault insurer.”

Prior to the Court’s Opinion, it was well settled Michigan law that medical providers could bypass the car accident victim and sue the no-fault insurance company directly for unpaid bills.  The standard for medical providers to collect unpaid no-fault related bills has likely now changed.

The Covenant decision points out that Michigan medical providers may still retain certain rights under Michigan law.  The Court stated in a footnote that its conclusion was “not intended to alter an insured’s ability to assign his or her right to past or presently due benefits to a healthcare provider.”

Best practices for medical providers may now include working closely with car accident victims so that they better understand the billing process and to obtain signatures for assignments of rights to permit the medical provider to litigate against no-fault insurers directly for unpaid medical bills. 

The effect of this Opinion on Michigan auto accident victims may be significant as well.  It may become routine for medical providers to seek an assignment of rights from auto accident victims.

The full impact of this decision is not yet fully realized by the Michigan trial court practice.  Today, multiple Wayne County Circuit Court judges did not hear medical provider motions to intervene into auto accident lawsuits and have already began implementing the Michigan Supreme Court ruling as it relates to MCL 500.3112 motions regarding disbursement of No-Fault settlements.  It remains to be seen exactly how Michigan trial courts apply the Covenant decision moving forward.

The Michigan Law Firm, PLLC represents auto accident victims and medical providers across the state of Michigan.  We are continuing to evaluate this new decision and will issue more analysis in the coming days and weeks regarding how Covenant will affect Michigan medical providers and Michigan auto accident victims.

For more information about The Michigan Law Firm, PLLC, visit www.themichiganlawfirm.com or call us at 844.4MI.FIRM.

The Michigan Law Firm, PLLC is a civil litigation firm which handles a variety of personal injury lawsuits including auto accidents, motorcycle accidents, medical provider cases, dog bites, and slip and falls.

Download the PDF Press Release here: Covenant v. State Farm -Press Release -  5.26.17

 

Memorial Day Weekend Traffic Fatalities

Memorial Day celebrates the many men and women who have risked their lives to defend our country, but it also kicks off Summer travels. Whether by plane, train, boat or car, most Americans use this long weekend for a short getaway. With so many people leaving on vacation however, congestion and accidents are expected to follow. The National Safety Council (NSC) estimates that 439 people will be killed and 50,500 will be seriously injured, over this three day weekend, due to Memorial Day motor vehicle crashes. 

Memorial Day Car Crash Statistics

This year, it is expected that nearly 39.3 million Americans will go on vacation for Memorial Day. 88.1% of those traveling are planning to do so by driving, despite gas prices being increased by 11 cents since Memorial Day 2016. Additional statistics estimate that out of the over 50,000 car accidents and injuries incurred on this holiday every year, that 44% of these car crashes involve alcohol. In Michigan alone, out of all of the fatal car accidents that took place over Memorial Day weekend in 2015, approximately 33% of these motor vehicle accidents included a pedestrian or driver with alcohol in their system, according to Michigan State Police (MSP) reports.

Safe Driving Recourse

Although there are’t any plans to set up drunk driving checkpoints over the holiday weekend due to the questionable legality in Michigan, the MSP will still be on the road identifying drunk drivers and distracted drivers. MSP will also be involved with the Crash Awareness and Reduction Efforts operation (C.A.R.E.), which is an international traffic safety initiative to keep the roadways safe during the Memorial Day weekend. Other programs that MSP will be participating in are the nationwide “Click it or Ticket” kickoff geared toward making sure that both children and adults are properly wearing and using their seat-belts. If a Michigan police officer discovers a driver not wearing a seat-belt between May 23 to June 5, they can expect to receive a base fine of approximately $65. 

Memorial Day Weekend Travel Safety Tips

Unfortunately, tickets and fines don't deter everyone into following the rules of the road. Therefore, even if you are adhering to the law, that doesn't mean that every other driver on the road will. So, for those who are planning on traveling by car, truck, bus, or RV this weekend, here are a few traffic safety tips provided by CNN News:

  • Drive shorter distances. It is reasonably deduced that with the large number of drivers on the road who are traveling long distances, accidents can be reduced if other drivers drive shorter distances.  

  • Take the highway. On highways everyone is heading in the same direction and there are no turn lanes, so, traffic doesn't often stop - unless a car crash or traffic jam occurs. This helps make for a quicker journey than taking local roads which usually eat up time with red lights, turn lanes, and four way traffic.

  • Congestion could save a life. As odd as it sounds, taking the road less traveled could lead to speeding and accidents. In congested traffic, the only way to go is slow, which can further prevent accidents from happening or at least lessen the damage caused by any potential impact.

  • Leave early. Based on Waze traffic congestion studies, it is best to avoid the roads on Thursday between 3 to 5 P.M., on Friday from 8 A.M. to 3 P.M., and on Monday from 10 A.M. to 3 P.M.

  • Don’t drive under the influence. Is there really much more that needs to be said? Driving under the influence can affect reaction time, cognitive functions, and motor skills, all of which can lead to drunk driving car accidents.

  • Drowsy driving is a no-go. When experiencing constant blinking, swerving, or trouble recalling the last few miles, take it as a sign to pull over and rest or to switch drivers if possible. Falling asleep behind the wheel can lead to motor vehicle accidents and irreparable injuries. 

It's also a general rule when driving any time that drivers should stay focused at all times on the road. That means no distractions from pets, phones, or even passengers. In this day and age, it's especially important to refrain from trying to text, post, tweet, record a video, or do anything else that can potentially cause attention to move away from the road. As many studies show, there are enough accidents caused around Memorial Day every year that could be avoided if drivers just take their time, drive responsibly, and abide by traffic laws.

Unofficial start of Summer aside, Memorial Day should be respected and we should do our best to remember those who died to serve our country. Thank you to those who laid down their lives in service, to those who have served, and to those who are serving. 

It is important for Michigan drivers to be aware that with the Summer travel season upon us, that the roads will quickly fill up with people wanting to take advantage of the warm weather. This surplus of out of town drivers on the road will cause travel times to be extended and thereby make crash statistics increase. Long weekends like Memorial Day, may even bring out an influx of road rage accidents and aggressive driving accidents. If you or a loved one becomes involved in a car accident over Memorial Day weekend, call The Michigan Law Firm, PLLC. We provide free consultations to victims of motor vehicle accidents. Speak to a Michigan car crash lawyer today at 844.4MI.FIRM. 

GM Ignition Switch Update

Earlier this year General Motors (GM) agreed to pay $1 million in a settlement with the U.S. Securities and Exchange Commision (SEC). The Detroit News reports that the civil penalty is a result of the SEC’s investigation into GM’s ignition switch recall. A recall that led to nearly 2.6 million motor vehicles to be serviced for faulty ignition switches that GM was aware of for more than 10 years and had refused to address. The malfunction in the ignition switches could flip the switch from the run position and prevent the airbags from deploying in case of a car crash and caused several injuries and linked to 124 deaths.  

 

GM Ignition Switch Cost 

Despite the settlement agreement with the SEC, GM clarified that just because a settlement was reached with the SEC, did not mean they were admitting any wrongdoing. GM even made a statement that the settlement with the SEC, “does not call into question any of GM’s current or prior financial statements or its disclosures. Also, no material weakness or significant deficiency was found by the SEC.”

To date, the GM ignition-switch crisis has cost the company more than $2 billion in penalties, fines, and settlements including the $600 million spent in compensation and lawsuits to the victims and their families, a civil penalty that was worth $35 million to the National Highway Traffic Safety Administration (NHTSA), and $900 million paid in a settlement to the Justice Department. So it comes as no surprise that GM is arguing that deaths and claims that occurred before their 2009 bankruptcy filing should not be admissible at court. 

GM Bankruptcy Appeal

 

A federal court permitted claimants with cases involving wrongful death, personal injury and even economic loss to court with proper proof due to the fact that GM may have been aware of the ignition switch defect. GM argues that under bankruptcy law that there are not responsible for past liabilities related to “Old GM” and that they are essentially wiped out under bankruptcy law. But with the backing of the Supreme court, several hundred remaining claims made on or before 2009 can proceed to trial.  

“There are a lot of cases out there that either are going to have to be settled by G.M. or litigated, now that the Supreme Court is not getting involved,” said Robert C. Hilliard in The New York Times, a lawyer that is handling more than 200 claims against GM. 

In the meantime, GM is not accepting the Supreme court's ruling and will continue to fight and file appeals to remove the court's decision since it was not based on the merits of bankruptcy law. Those who have a case that takes place before 2009 should move quickly in submitting their claim so that it will be heard and possibly receive proper payment. 

The Michigan Law Firm, PLLC is a civil litigation law firm in Birmingham, Michigan.  Our legal team handles personal injury lawsuits throughout the state.  Call a Michigan personal injury attorney for a free consult at 844.4MI.FIRM. You deserve a great attorney in your corner.

Injuries and Fatalities Attributed To Road Rage Increase

From January 2014 to March 2017 a steady increase in road rage incidents, in Michigan and around the country, has been noticed by many road safety organizations. These incidents have been attributed to aggressive drivers escalating their behaviors to involve violence in their upset over various road annoyances. 

The Difference Between Road Rage and Aggressive Driving

The National Highway Traffic Safety Administration (NHTSA) states that road rage is when a driver “commits moving traffic offenses so as to endanger other persons or property; an assault with a motor vehicle or other dangerous weapon by the operator or passenger of one motor vehicle on the operator or passenger of another motor vehicle.” Aggressive driving on the other hand, is a traffic offense involving rude gestures, screaming, tailgating, cutting off traffic, and other violent actions.

So, while traffic congestion bothers every driver on the road, some people take offense to this and unnecessarily tailgate the car in front of them, honk, or curse, as if it will change the traffic pattern. These behaviors are examples of aggressive driving. Sometimes however, they take their actions to the next level by trying to injure others on the road. This response is an act of road rage. 

The Psychology Behind Road Rage Statistics

Aggressive drivers are more likely to become hostile during traffic jams, when they are running late, and during road closures or construction. Most of the time aggressive driving occurs due to some drivers having stress in other areas of their life and they take it out of the traffic. In fact, 66% of traffic fatalities are attributed to aggressive driving. Rather than just yelling or cursing however, some aggressive drivers venture into road rage territory by assaulting innocent people on the road way with their vehicle or by introducing another type of weapon into their rage.

Source: GIPHY, Fox's Lethal Weapon

In Detroit alone, The Trace reports there have been 14 cases of gun violence due to road rage. Add that with the American Safety Council (ASC) statistical evidence highlighting male drivers under the age of 19 being more likely to engage in road rage and the NHTSA's survey that found 37% of road rage incidents involve a firearm, Detroit finds itself in an alarming situation. Even more troublesome is the fact that in over a seven year period, 12,000 injuries and 218 lives were lost due to road rage. 2% of drivers have even admitted to trying to run an aggressor off the road!

Some psychiatrists attribute road rage incidents involving extreme violence to Intermittent Explosive Disorder (IED). The disorder is believed to come into play in our society due to the common practice of wearing a “false face” like in internet settings where anonymity serves as a barrier. In a similar way, a car acts as a safety mechanism or barrier for those dealing with road rage and leads them to believe that there are no repercussions for their actions.

How To Decrease Road Rage

Source: GIPHY, The Fast and the Furious

The NHTSA along with the ASC says that it’s best for drivers to avoid participating in behaviors that encourage aggressive drivers to turn their attention onto them. Actions such as driving while distracted, turning on high beam lights, not checking blind spots, or not signaling turns and lane changes are all behaviors that incite rage. The NHTSA and ASC are warning drivers to take notice of their behavior in order to keep conflict down while on the road, no matter who is at fault. The ASC also recommends drivers to avoid making eye contact and to refrain from reacting and/or retaliating to an aggressive driver's actions, in order to neutralize a hostile situation.

Following the rules of the road should keep drivers safe and should keep other drivers from being annoyed by your road behavior. However, there are drivers out there who are easily annoyed when other motorists who are following the speed limit aren't going fast enough for them, or drivers who honk if the car in front of them doesn't move quickly enough after a light change. There may never be a way to avoid such situations. Hopefully however, following these tips may be enough to help some motorists avoid getting into a road rage incident.

Aggressive driving and road rage are serious problems in larger cities like Detroit where commuters can be stuck in rush hour traffic for hours on end. With so much congestion on the road, motorists can easily lose their calm and begin to drive aggressively, triggering negative reactions and responses from other drivers, and potentially causing car accidents. If you or somebody you know have been a victim of road rage, call The Michigan Law Firm, PLLC. Our firm can help those injured in an aggressive driving car crash get the help they deserve. Call us today, at 844.4MI.FIRM for a free consultation.

Clinton Township Hall Road Reconstruction

If any motorists have ventured down Hall road (M-59) recently, they should have noticed that the area is under major construction. That's because Michigan’s Clinton Township Board of Trustees voted to upgrade M-59 back on December 7, 2016. 

These upgrades include adding an extra lane to help ease traffic congestion, new roads paved with asphalt, easily visible traffic signs, and replacing traffic lights with safer versions that are designed to decrease swaying.

The Cost Of Clinton Township Safety

Local 4 disclosed that the estimated cost of the total reconstruction project, which will take place over a year and a half, is $60 million. Despite the high cost, Clinton Township Supervisor Bob Cannon claims that the upgrades are necessary in order for Clinton Township to be up to par with Sterling Heights, Shelby Township and Macomb Townships' new upgrades. Also, Cannon confirmed with the county's Finance Department to confirm that the cost of this massive reconstruction wouldn't actually put a strain on the county's budget.

Cannon also agrees with Macomb Township Supervisor Janet Dunn that these upgrades will alleviate safety concerns on Hall Road, in regards to the perils of walking or biking across M-59, due to the current status of the broken down crosswalks. In fact, just in the months of January through August 2016, the Accident Data Center (ADC) recorded Macomb Township having 7 accidents, 3 of which involved pedestrians. That is more than enough justification for Clinton Township to repair their crosswalks.

What Has Been Done So Far?

The reconstruction of Hall Road officially started back in March, 2017 and so far Phase 1 of the project is underway. Phase 1 entails repaving the street in asphalt, adding the modern mast arm traffic signals, improved drainage, replacing traffic signs, upgrading the sidewalks to meet Americans with Disabilities Act (ADA) standards, and planting some new greenery. Once this is all completed, Phase 2 is scheduled to begin in March 2018. 

While the replacement of unsafe traffic lights and the repair of broken down roads leads to the future safety of the citizens of Clinton Township, Michigan, the construction itself may cause problems in the current time. Accidents in construction zones are unfortunately very common. Whether it's an improperly labelled construction site or debris from tearing up concrete that may lead to a pedestrian fall, or angry drivers experiencing road rage from closed roads possibly causing automobile crashes, construction sites can be unsafe. Therefore, it is important for drivers and pedestrians to be cautious and attentive when they see construction cones and signs, in order to avoid serious construction injuries.

With many cyclist, pedestrian, and motor vehicle accidents accidents occurring on M-59, it's wonderful that Clinton Township is updating Hall Road's safety. Although the construction will be costly, it is worth spending the money to save innocent pedestrians and bicyclists from being involved in automobile accidents. However, while the upgrades are taking place, travelers on Hall Road should take extra precaution to avoid becoming injured by the construction. If you or someone you know has been involved in a collision at a construction site, call the Michigan Law Firm, PLLC today. We fight for our victims rights to receive compensation as they may be entitled to under Michigan law. Call 844.MI.FIRM today for a free consultation.

Anton Yelchin's Parents File Lawsuit Against Fiat Chrysler

Back on August 9, 2016 The Michigan Law Firm, PLLC blog informed readers that actor Anton Yelchin's parents had filed a wrongful death and product liability lawsuit against Fiat-Chrysler and the dealership that sold Yelchin his 2015 Jeep Grand Cherokee. Yelchin was an actor best known for his role as Chekov in the remake of the fan-beloved Star Trek film franchise. Reuters reported that Yelchin had driven back to his home to grab an item he thought he had forgotten and hopped out of his vehicle thinking it was in park. However, the car began to roll backwards along Yelchin’s steep driveway crushing the 27-year-old.  This motor vehicle vs pedestrian accident caused his tragic death. It was later discovered that Yelchin's vehicle was under recall for a defective gear shift.

Late Recall Letter

811,000 vehicles nationwide and 1.1 million cars and SUVs globally, were affected by the recall. The auto recall covered models of the Jeep Grand Cherokee Sport from the 2014-2015 model year, and models of the Dodge Charger and the Chrysler 300 Sedans from the 2012-2014 model years.

The lawyer representing Yelchin's parents contended that a recall letter arrived seven days after Yelchin’s death, which was obviously too late to be of use to the late actor. The Yelchin lawyer has since chosen to reveal the contents of the undated letter which stated, "Your vehicle may roll away, striking and injuring you, your passengers, or bystanders, if the vehicle's engine is left running, the parking brake is not engaged, and the transmission is not in the "PARK" position before exiting the vehicle."

In response to the lawsuit, the Valencia, California dealership that sold Yelchin the Jeep, submitted a request to be removed from the wrongful death lawsuit. Their explanation for the request was that Yelchin should be blamed for his own death due to the "misuse, misapplication, or damage” of the vehicle. The New York Daily news reported that the dealership accused Yelchin's parents of tampering with the Jeep after the accident and that they suggested that Yelchin himself made adaptations to the Jeep shortly after purchasing it.

Fiat-Chrysler Recall

In light of Yelchin’s death and the Jeep recall, his parents were not the only ones that sued over the defective gear shift. In fact, seven more class action lawsuits from California, Tennessee, and New York have been filed and are being consolidated here in Michigan, close to Fiat-Chrysler Automobiles' (FCA) U.S. headquarters, according to The Hollywood Reporter.

Additional lawsuits like one from Texas involving a San Antonio woman jumping from her roll-away Jeep, seem to filed more and more frequently. Sonya Dawson, 49, parked her 2015 Jeep Grand Cherokee before she exited the running vehicle and closed the door. Dawson alleges seeing the vehicle starting to roll backwards out of the corner of her eye and then began to give chase to stop her vehicle. She tried stopping it by pressing down on the brakes but was ejected.  The car ran her food over causing significant foot injuries.  Her personal injury attorney argues that the shifter doesn't include a safety override to allow drivers to exit the vehicle when it is not in park. 

Yelchin's story shows the importance of automakers sending recall notices out in a timely fashion - preferably as soon as the malfunction is discovered. In turn, owners of those vehicles owe it to the safety of themselves and others to quickly get the vehicle serviced by the manufacturer and/or their certified mechanics.

It is important to take immediate action when a vehicle is under recall. Ignoring the recall or getting the vehicle serviced too late may lead to serious consequences such as minor and fatal injuries and death, if the vehicle's malfunctions lead to a car accident and the possibility of serious injury.

Drivers who are interested in knowing if their vehicle is under recall are encouraged to look up their VIN number on the National Highway Traffic Safety Administration's website. Have you or someone you know been injured in an accident involving a vehicle under recall? If so, call The Michigan Law Firm, PLLC for a free consultation today. Contact us at 844.4MI.FIRM.

Roseville Man Ticketed For Warming Up His Car

Many Michigan residents were unaware until recently that they could be ticketed for leaving their cars running, with the keys in the ignition, on private property. That is exactly what happened to Nick Taylor Trupiano, 24, of Roseville, Michigan back in January. Mr. Taylor started up his car to get it warm and left his keys in the ignition before going back inside his house for a few minutes. He told XILX 10 News that when he came back to his vehicle however, he noticed a ticket on the windshield. Angry about receiving the ticket, Taylor posted a picture of the ticket along with his enraged feelings about the officer who issued it, on Facebook, where it was shared more than 14,000 times.

The Reason For The Ticket

The ticket said, “Vehicle parked in drive with keys in the ignition, motor running -- no one around." Roseville Police Chief James Berlin explained that Taylor was “putting the public at risk” and that it was "purely a public safety issue" because by leaving the car unattended with the key in the ignition, Taylor gave carjackers a chance to steal the vehicle. Berlin also clarified that using a remote starter is fine, but leaving the keys engaged in the car is where the issue arises. 

Taylor said he would have respected the ticker had the officer knocked on his door and informed him that he was in violation. "I had no clue that this was a law, an ordinance. I’ve done this every day for seven years. Every person warms up their car. We live in Michigan." On those grounds, Taylor therefore decided to fight the ticket.

The Judge's Decision

Judge Marco Santia of the 29th District Court ruled that the $128 ticket will stand. Santia stated that the ticket was given under reasonable circumstances under the  law despite Taylor's argument that the ticket should not apply to his private property. City Attorney Tim Tomlinson essentially argued that Taylor left his car open and viable for criminals to steal his car which is why the ordinance exists in the first place - to deter "nefarious people." Tomlinson even reported to the court that not long after Taylor received his ticket that two incidents of car theft occurred due to similar circumstances-one including children and the other, a high speed chase.

House Bill 4215

The viral response to Taylor's Facebook post caused so much public outcry that Republican Rep. Holly Hughes submitted a bill in February to excuse residents from receiving a ticket if their car was left running on private property. The bill known as HB 4215 was approved in March in a 77 to 30 vote in the House. Hughes argued that it's up to the owner of the car if they want to take the risk of having it stolen by leaving it outside and running. 

The Safety of Idling A Car

Though warming up cars in winter is an age old practice for citizens of Michigan, it is in fact discouraged by car experts. Popular Mechanics says that letting your car idle, "decreases [the life of your engine] by stripping oil away from the engine's cylinders and pistons...Driving your car is the fastest way to warm the engine up to 40 degrees...The best thing to do is start the car, take a minute to knock the ice off your windows, and get going...It takes 5 to 15 minutes for your engine to warm up, so take it nice and easy for the first part of your drive...Warming up your car before driving is a leftover practice from a time when carbureted engines dominated the roads."

So, in addition to car theft and opening up the public to potential violence, warming up a car isn't even good for the cars. This is an important fact to remember as a car that is not in good condition is more likely to become involved in a car accident. Therefore, drivers should remember to always keep their car maintenance up to date, and in the event that they do rely on warming up their cars in winter, should have their vehicle inspected by a professional mechanic regularly, to ensure that it is in good shape. 

Idling your car to warm it up is a popular practice in the cold, harsh winters of Michigan. However, warming up your car and leaving it unattended can open drivers up to a host of problems including car theft and potentially, a broken engine. If you or someone you know has been involved in a car crash due to winter weather or a worn out engine, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. 

Plymouth, MI Automotive Supplier Aims To Change Pet Travel Safety

Last week, The Michigan Law Firm blog informed readers about The American Humane Society's tips for driving safely with pets in the vehicle. One of the tips was to belt or restrain animals so that they can't distract the driver.

While innovations in the field of human car safety are being produced seemingly every day, pet travel safety has been largely unstudied and is lacking data in the automotive industry. However, Johnson Controls in Plymouth, Michigan tells The Detroit Free Press that they are aiming to change the way drivers travel with their pets. The company has brainstormed ideas on how to engineer seats and devices that can protect pets and their owners while riding in a vehicle. 

Pet Safety Laws

Pet vehicle safety lacks guidelines and regulations since the government has yet to pass any into law. This is very concerning to the 53% of dog owners who have traveled with their pet, at least once a month, over the past year, according to a study conducted by Kurgo.   

“Cars are developed for people; they aren't developed for dogs," said Lindsey Wolko, the chairman of the Center for Pet Safety in Reston, Virginia. "We have to get to the point we can have solutions that work for both. Dogs are the number 1 traveling companion, and they have little protection in the marketplace."

Pet Travel Statistics

The American Humane Society (AHS) estimates that around 100,000 dogs die in car accidents each year due to riding in truck beds. This estimate doesn’t include dogs that have jumped from vehicle windows or those that were improperly restrained - if at all - during a car collision. The number is hard to determine when most accidents involving a pet's death are rarely reported. Sadly, there are even fewer statistics and data available concerning cats and their safety and fatality rate involving car accidents.

An article in USA Today highlighted the chilling facts that most dog restraints fail. So, it comes as no surprise that a whopping 84% of dog owners do not use restraints when traveling with their dog.

Not only do most pet owners not bother with restraints, but Kurgo’s survey lists that 65% of drivers admitted to engaging in at least one distracted activity while they were driving with their pet, such as feeding them treats, trying to take a picture of the animal, or tying to pet the animal. Any of these distracted driving behaviors are serious issues when considering that a driver traveling with their pet could get into an automobile accident. Pets can be a major safety risk due since they can cause distractions leading to car accidents and since they can easily be tossed out a car and killed instantly in an accident, thereby possibly distracting other drivers on the road and causing them to get hurt too.

The Future of Pet Travel Safety

For now, Johnson Controls is still conducting their research by using pets volunteered by their employees, and observing the way pets enter and exit a vehicle and watching how they move around inside the vehicle.  

“We want to understand the future of pet travel safety — and what it should look like," Wolko said. "Because of the work Johnson Controls has done with seating development in automobiles, this could lead to a whole new world of pet safety."

Wolko has pointed out the importance of supplying proper animal safety restraining devices for those motorists who travel with their pets. If pets don't have proper restraints while on the road, their owners are leaving themselves, their pets, and innocent bystanders at risk of getting into a serious auto accident. Hopefully, the public won't have to wait long for Wolko to invent or improve on restraining devices used to secure pets in vehicles. Have you or a loved one been involved in a motor vehicle collision involving a pet? Call The Michigan Law Firm, PLLC at 844. 4MI.FIRM for a free consultation today. 

Michigan Roadside Drug Testing Pilot Delayed

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

Why Was The Bill Passed?

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

What Does The Roadside Drug Testing Pilot Include?

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

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

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

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

Who Opposes The Drug Testing Pilot? 

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

Is The Pilot Underway? 

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

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

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

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

Motorcycle Safety Tips

April showers bring May flowers. May sunshine brings motorcycles. Therefore, May is Motorcycle Awareness Month. In celebration of those who have been riding a motorbike for years and in concern for the safety of first timers, The Michigan Law Firm, PLLC would like to address the importance of motorcycle safety.

Motorcycle safety is a very serious concern. The National Highway and Traffic Safety Administration (NHTSA) states that motorcycle riders are 27 times more likely than other motorists to die in car crashes and 6 times as likely to be injured. For motorcyclists who are 60 years of age or older, the risk of serious injuries and death increase exponentially due to physical factors such as brittle bones, slower reflexes, and poor eyesight. Bearing this in mind, here are some important tips that could benefit riders who take their bikes for a spin over the next few months.

Motorcycle Safety Tips

How To Obtain A Motorcycle Endorsement

Along with a traditional automobile driver's license, motorcyclists mush obtain a state regulated motorcycle license endorsement, in order to legally operate a motorcycle. To gain this endorsement, people who are interested in driving motorcycles should invest in a motorcycle education course. As with basic driver’s education classes, bikers should make sure they are properly informed and instructed on their state's biker laws and how to properly ride a motorcycle.

Michigan motorcyclists have two ways that they can obtain a cycle endorsement on their license. One way is by taking a basic rider or returning rider course from an approved Secretary of State (SOS) training facility and instructor. Once the course is completed, the rider will receive a certificate of completion from the sponsor that they should then take to be submitted at a SOS branch. From there, a vision test is administered and if the rider passes, they must pay a small fee of $13.50 to obtain their motorcycle endorsement.

The second option is to go directly to an SOS branch and take the vision and written test, whereupon successful completion, the purchase of a temporary instruction permit is needed. In obtaining the temporary license, bikers are instructed to clock 180 days worth of driving time with a currently endorsed motorcyclist, before they can take the road test. Then, only if the rider passes the road test will they receive a completion certificate to take to the SOS where they are then obligated to pay an additional $9.00 for their motorcycle permit. 

How To Purchase A Safe(r) Motorcycle

Many people admit that the main thing they look for when purchasing a bike is speed and aesthetic appeal, right? Well, motorcycles are more than a beautiful and powerful machine to use on the road. They should also be safe, seeing as they offer much less protection than a car, when involved in a motor vehicle accident. First and foremost, riders should not even consider purchasing a bike they cannot handle. Is it too powerful? Too fast? Is the rider able to touch the ground when seated on the bike? Those are all valid questions to ask when purchasing a bike. Other important items to add to the checklist are:

Motorcycle Safety Feature Checklist

Source: Giphy, The Hangover

  • Make sure handlebars and other controls are easy to reach.

  • Is it easy to mount and dismount the bike?

  • Check the pressure and tread of the tires.

  • Make sure headlights and other indicators are working properly.

  • Make sure fluid levels are adequate.

  • Are the hand and foot brakes in working order and easy to grip?

After purchasing the bike, it's important to check for leaks, working brakes, traffic indicators, mirrors and tire pressure every time, before taking the bike for a spin. Making sure the motorcycle is well maintained will not prevent a car crash every time, but it could help reduce the the likelihood of involvement in a crash and/or limit the damage incurred in an accident.

Don't Forget Your Helmet

One look at a bike and it becomes glaringly obvious that it provides less protection than a car or a SUV. Without a top or sides, it's the opposite of a sturdier metal box car or truck. Although every state, including Michigan, does not require riders to have one, helmets are a biker's best friend. According to the NHTSA, "58% of motorcyclists killed in 2015 were not wearing helmets, as compared to 8% in states with universal helmet laws." That is a big difference in the lives that may have been saved if the biker was just wearing a helmet.

The best place to start when looking for a motorcycle helmet, is by looking for helmets that have the Department of Transportation (DOT) sticker of approval. They are usually no more than 3 pounds heavy, have thick interior lining, and come with a face shield that acts as a line of defense for the eyes. After securing a helmet which protects, arguably the most important part of a biker, the brain, it's time to start purchasing items that can protect the rest of the body. The body is essential to shield from the elements of the road or weather, when riding a motorcycle.

Motorcycle Safety Gear and Clothing

  • A heavy leather, denim, or long sleeve jacket or shirt are clothing items that may protect the rider's arms.

  • Full fingered gloves aide the riders grip.

  • Eye gear such goggles or glasses are imperative. 

  • Durable and heavy duty pants that completely cover the legs are a good idea.

  • Boots, especially ones that cover the ankle and have a hard or thick sole, will help protect the riders feet.

  • Bright and/or reflective gear is recommended, especially for night rides.

  • Pack or wear appropriate weather climate gear in case of driving long distances or as the weather forecast permits it.  

And yes, even during the summer time, thick and padded gear is expected to be worn to be as safe as possible.  

Passenger Motorcycle Safety Tips

For riders who are carrying extra cargo, balance is key. It is important that passengers mount the bike only after it is turned on. Then, both riders should adjust seating arrangements to where the passenger and the rider are both comfortably seated on the bike. Passengers should sit as close to the rider as possible to prevent throwing the bike out of equilibrium. Wrapping their arms around the rider's waist or hips, while keeping both feet planted on the foot pegs at ALL times, is highly advised to all passengers-even when the bike has stopped.

Motorcycle drivers should explain the importance of avoiding touching the muffler to the passenger, because it gets extremely hot and can cause severe burns. Passengers should also keep their movements to a minimum unless they are leaning at the same time and direction as the rider, in order to keep the bike balanced. Another precaution is that passengers should only dismount once the driver says so, to avoid them from accidentally tipping the bike or losing their grip while driving or parking the bike.

Driving A Motorcycle Safely

Riders of motorcycles are held under many of the same laws and expectations as any other motor vehicle operator. For instance, distracted driving, drowsy driving or falling asleep behind the wheel, and operating a vehicle while under the influence of drugs and/or alcohol are all serious driving offenses that can be punishable under law. Therefore, abiding by simple traffic laws, driving carefully during bad weather, always remaining vigilant and aware of the road, avoiding road hazards, and making sure to be as visible as possible to other vehicles, are all safe driving habits that bikers should utilize everyday. Some additional defensive driving tips the DMV.org list riders to use are:

Motorcycle Defensive Driving Tips

  • Be courteous to cars, trucks, bicycles, pedestrians, and any others who share the road with bikers.

  • Bikers should keep a car length worth of space between themselves and the vehicle in front of them.

  • When looking back, to the side, or over the handlebars,  it is best to do so by looking above or over the shoulder, and not below or under the arm.

  • Be assertive. Bikers who hesitate can cause other drivers to react nervously due to them expecting the motorcycle to make unexpected driving maneuvers. 

  • Don't be afraid to use a car as a shield when on the road. An example from the Road Guardians is for motorcyclists to remain close to a vehicle to avoid being hit by left-turning traffic from the opposing direction, when passing through stoplights.

  • Avoid riding aggressively. This includes changing lanes without a turn signal, aggressively swerving around traffic, and slamming on the brakes-all of which are behaviors that can cause a collision.

Since their choice of vehicle offers less protection than other modes of transportation, bikers must be twice as careful when hitting the road.Considering that motorcyclists are more likely to die in a fatal car crash than the occupants of a car, these tips, though they are not 100% effective in preventing motor vehicle accidents, could potentially decrease the number of fatalities and accidents that occur every year. 


With proper training, gear, a well-maintained motorcycle, and the above tips in mind, bikers should be ready to safely hit the road. Of course, no amount of safety tips can ever prevent a motor vehicle accident. Driving is a dangerous an unpredictable action. If you or someone you know has been involved in a motorcycle accident, call The Michigan Law Firm, PLLC. Our consultations are free and our firm is knowledgeable on Michigan motorcycle laws. We help victims of motorcycle injuries identify and obtain any benefits they may be entitled to under Michigan law. Call us today, at 844.4MI.FIRM.

Cat Attacks vs Dog Bites

Everyone has heard about the dangers of dog bites and have seen ads and articles about how to avoid dog attacks. While dog attacks are a serious concern, there aren't nearly enough public service announcements about cat aggression? Although, cats attacking people have become a viral video obsession, according to the American Society for the Prevention of Cruelty to Animals (ASPCA), cat aggression should be taken just as seriously as dog bites, if not more. 

Don't believe that cats attacks are dangerous? Just watch the video posted on the Michigan Law Firm's blog yesterday. The scratches and bites that Mr. Woodward received from his pet cat-not a wild cat-were serious enough to require stitches.

In fact, the ASPCA says that cat bites and scratches can inflict severe lacerations and can become easily infected. They advise people to be aware of the subtle body language that cat's normally display and help identify the differences between offensive and defensive postures. 

Offensive Cat Postures

If a cat takes one of these postures, it's a good idea to keep distance from it as it may be gearing up to attack.

Source: GIPHY, Disney's The Aristocats

  • A straight-legged upright stance.
  • Stiffened rear legs, with the rear end raised and the back sloped downward toward the head.
  • Tail is stiff and lowered or held straight down to the ground.
  • Direct stare.
  • Upright ears, rotated slightly forward.
  • Raised hackles including fur on the tail.
  • Small (constricted) pupils.
  • Directly facing opponent, possibly moving toward him.
  • Growling, howling, or yowling.

Defensive Cat Postures

If a cat assumes one of these postures, it may be feeling threatened or scared. Again, it's best to leave cats alone when they are displaying these behaviors.

  • Crouching.
  • Tucked head.
  • Tail curved around the body and tucked in.
  • Eyes wide open with large, dialated pupils.  
  • Ears flattened sideways or backward on the head.
  • Raised hackles.
  • In an anxious cat, whiskers might be retracted. In a fearful cat, whiskers might fan out and forward to assess distance between them self and danger.
  • Not facing the opponent, usually turned sideways.
  • Open-mouthed hissing or spitting.
  • Might deliver quick strikes with front paws, claws out.

Other Aggressive Cat Signs

Be mindful of a potential turn in behavior if a cat starts to do one or more of the following.

  • Swatting, striking with paws.
  • Biting.
  • Fighting.
  • Growling, shrieking.
  • Scratching.
  • Cats will roll on to their side or back while exposing their teeth and claws in preparation for an all out attack.

Aggressive Behavior Triggers

These aggressive cat behaviors can be triggered if a cat feels the need to protect its territory, feels fear, if the cat is displaying maternal instincts, or even if a human plays too roughly, tries to pick them up, or pets them in a way they do not like. The ASPCA warns those who are in the vicinity of a possibly aggressive cat to be mindful that cats can be also triggered by the smell of another cat(s), hearing high pitch noises, and if they are being antagonized by a dog or other pets. Additional triggers that may lead to offensive behaviors is if major changes occur within the cat’s home and when someone intervenes in a cat fight. 

If such behaviors start to arise or are already apparent within a cat, it is advised that a professional is called to best determine the next steps to take with the feline. Treatments are offered and a record establishing the behavior patterns of the cat should always be kept on file. And of course in the case of a cat attack, especially if the cat is not domesticated, humans should immediately seek medical treatment.

Cats are just as likely as dogs to viciously attack their owners as well as children and pets when they become agitated. Though the attacks occur seemingly for no reason and the injuries may seem negligible, cat attacks can cause the victim serious harm. If you or someone you know has been injured by a rabid animal or someone's pet, contact The Michigan Law Firm, PLLC. Call us at 844.4MI.FIRM, for a free consultation. We can help you.

Video: Pet Cat Attacks Owner

Though we're coming up on Memorial Day, The Michigan Law Firm wants to bring your attention to an animal attack that happened last Christmas. 

When you read the words animal attack, we're sure the first thing that came to mind was a massive beast mauling an innocent human. Or perhaps you pictured a rabid pit bull with a foaming mouth that you've seen in your neighborhood. What you probably didn't think of was a domesticated, fluffy, house cat, ripping into its owners neck. That's exactly what happened to Andrew Woodward.

The euphoric excitement that Mr. Woodward displayed when he unwrapped his gift to find a PlayStation 4, quickly morphed into pain and shock when his cat launched itself at Mr. Woodward's head. While the attack seems like it occurred for no reason, the video shows that the cat, named Magneto, was initially terrified by Mr. Woodward's screams of elation and excited movements. Since Magneto was startled by the sudden commotion, it could be possible that he thought he was under attack and retaliated. 

Whatever the reason for Magneto's attack, Mr. Woodward's Christmas concluded with a trip to the doctor and several stitches.

Source: Inside Edition

Animal attacks are a dangerous occurrence that can result in serious and sometimes life threatening injuries. Even the smallest, cutest, seemingly harmless animals can turn vicious if they think someone poses a treat to them. As seen in this video, even our own pets can turn on us when startled. As such, it's wise to proceed with caution and to be mindful of our actions when in the presence of any animal, in order to prevent animal attacks. Since we can't communicate with animals however, we can't ever completely know how to prevent attacks. If you or someone you know has suffered a dog bite or cat attack, contact The Michigan Law Firm, PLLC. Our firm works with victims of animal attacks to identify and recover any benefits you may be entitled to under Michigan law. Call us today, at 844.4MI.FIRM for a free consultation. 

Pens and Pencils Banned At 36th District Court in Detroit

Guns, knifes, drugs, and alcohol. That's a list of things that are banned in every courthouse in the country, and for good reason. The 36th District Court in Detroit, Michigan however, is adding some far more innocent items to that list. Pens, pencils, and markers!

Yes, pens and pencils and markers. While banning these writing utensils from schools would be even more ludicrous (though students may rejoice), banning them from courthouses seems counter productive. After all, so much paperwork is involved in going to court. From paying for parking tickets, to taking notes in hearings, to filling out court documents about landlord-tenant disputes, pens and pencils are a vital to 

Of course banning writing tools all together wouldn't be fruitful for carrying out business at the court house, which is why attorneys and credentialed press members will be allowed to carry writing instruments. As for the courthouse itself, each of the 26 courtrooms now stock clipboard with irremovable pens attached to them. 

While this ban may seems like a joke to those who are hearing about it for the first time, there is a legitimate reason behind it. The 36th District Court has several murals depicting Detroit's skyline, the city itself, and symbols of justice. The murals went up not even a week ago but have already been vandalized. Court Administrator Kelli Moore Owen told The Detroit News that "the wall coverings are the latest improvements to the five-story courthouse in the last couple of years. There’s fresh paint, new fencing and signage, and a power washing of the building’s exterior for the first time since 1985. We are trying to project a better image." 

A look at the list of prohibited items on the court's website shows that pens, pencils, and markers will have plenty of company alongside other banned items such as, batteries, can openers, combs, dental floss, whistles, smart watches, and of course food and beverages. It's an eclectic list for sure, but safety is no laughing matter.

While some citizens may be disappointed that they won't be able to bring their curling iron or pet bedbugs with them to the 36th District Court, other citizens of Detroit will be thankful that because those items are banned, they can avoid burns and courthouse fires and skin-breaking itching.

The Michigan Law Firm, PLLC handles all types of personal injury cases, including, but not limited to, car accidents, motorcycle accidents, dog bites, slip and fall, and medical provider lawsuits. Call us today at 844.4MI.FIRM for a free consultation.