5 Years Later: Revisiting Michigan's No Helmet Law

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

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

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

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

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

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

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

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

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

The Michigan Law Firm, PLLC Joins The Brain Injury Association of Michigan

Birmingham, MI - The Michigan Law Firm, PLLC is proud to announce it has recently joined the Brain Injury Association of Michigan (BIAMI).  The BIAMI is a nonprofit organization that serves to create greater awareness of traumatic brain injury (TBI) across Michigan.

The organization connects individuals living with a brain injury to the largest statewide provider network of brain injury rehabilitation centers, medical treatment facilities, care providers, programs and top professionals.  The BIAMI works on multiple fronts, providing educational services to teach communities about brain injury, advocating to establish and preserve laws regarding brain injury, assisting brain injury research groups, and serving as a resource for accident victims who have suffered TBIs.

Our law firm was represented at the 2017 BIAMI Legal Conference to stay updated and participate in the discussions about the complex legal topics that confront car accident victims living with brain injuries.

The Michigan Law Firm, PLLC frequently handles motor vehicle lawsuits in which victims sustained a TBI. The Firm is excited to be an active member of the BIAMI so it can further its expertise of the topic, network with likeminded law firms and medical providers, and provide its clients with the resources they need to get their lives back on track.

Source: ModUp

For more information about the Brain Injury Association of Michigan, please visit http://www.biami.org/.  To learn more about The Michigan Law Firm, PLLC, please visit https://www.themichiganlawfirm.com/.

The Michigan Law Firm, PLLC is a civil litigation firm located in Birmingham, Michigan that handles a variety of personal injury lawsuits, including auto accidents, motorcycle accidents, medical provider cases, dog bites, and slip and falls.  Call us today for a free consultation at 844.4MI.FIRM (844.464.3476).

Tips On Driving During Heavy Winds and Storms

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

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

Safety Tips for Driving In High Winds and Storms

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

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

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

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

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

Tips For Driving In Heavy Rain

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

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

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

New Traffic Signal Helps Save Pedestrian Lives

One New York City suburb has gone without a single pedestrian-motor vehicle accident in the past year. Leonia, New Jersey has implemented a new traffic signal for one of the area's busiest crossroads. The intersection between Fort Lee Road and Broad Avenue has introduced an all-red phase traffic signal, stopping traffic in all directions for 26 seconds every other cycle. 

The intersection is often congested with vehicles trying to take a different route across the Hudson River, other than the crowded George Washington Bridge. With all four directions temporarily turned red, pedestrians can safely cross the busy intersection and even cross diagonally if desired.

During the two years before the introduction of the all-red signal phase, 7 pedestrians were hit by cars at the intersection. One New Jersey woman was dragged more than 70 feet along the road, leading to her death.  

Mayor Judah Zeigler told USA TODAY, “If we had kept going down the course we were going down, it was really a matter of when, not if, another pedestrian would be killed.”  

Senior citizens, who take longer to cross the road, and students benefit the most from the all red-signal, according to Chief Thomas Rowe of the Leonia Police Department. Many students walk to a nearby elementary school that is less than a block away from the intersection. School foot traffic coincides with rush hour, further clogging the roads and endangering pedestrians. 

Rowe said, “The benefits have been exactly what we were hoping for, and there’s absolutely no reason for us to go back to the way it used to be. I can’t allow our pedestrians to be put in danger.” 

While some motorists have complained about traffic being further delayed by the all-red signal phase, it is clear that pedestrian safety is the number one priority for the city of Leonia. 

Throughout the US, the National Highway Traffic Safety Administration (NHTSA) says on average, a pedestrian is killed every 2 hours and injured every 7 minutes in traffic crashes. Considering this staggering statistic, it is no surprise that towns such as Leonia are taking steps to improve pedestrian safety. In addition, both pedestrians and drivers can take steps to keep roads safer. People on foot should use sidewalks to cross streets whenever possible, be visible with bright or reflective clothing, and never assume that automobile drivers see them. Motor vehicle operators on the other hand, should always watch for pedestrians, slow down, and be prepared to stop when approaching a crosswalk, and use extra caution in hard-to-see conditions, like at night or in bad weather. 

Accidents happen; that's reality. However, efforts taken by cities like Leonia to make roads safer for pedestrians may help prevent serious injuries or fatalities from car crashes. Everyone has been a pedestrian at some point in their lives. If all it takes to keep people on their feet is stopping at a red traffic light for 26 seconds longer, more cities need to take note in order to reduce pedestrian-vehicle collisions. 

Chickens aren't the only ones trying to cross the road. Pedestrians walking on busy roads are constantly at risk of being hit by a motor vehicle, even when all they want is to get to the other side. If you or someone you know has been involved in a pedestrian motor vehicle collision, contact The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. 

Are Rear-Facing Car Seats Safe for Infants?

On May 16th, 2017, a vehicle was rear-ended on East Stewart Avenue in Flint, Michigan. As reported by MLive, in the vehicle was an 8 month year old infant, who sadly died after suffering critical injuries in the accident. Micah Kent, the young infant, was reportedly in critical condition and was rushed to the Hurley Medical Center, however, the injuries he sustained proved fatal. The vehicle carrying the baby was a 1997 Mercury Sable, and it had been hit from behind by a man driving a 2002 Saturn SL2. Police have reported that they believe the driver was under the influence of drugs and alcohol during the crash. It was not stated how the baby was riding in the vehicle or if a car seat was used.

Stories like this are heartbreaking. Infants are highly susceptible to injuries from car crashes because their spines are still developing and their heads are still large relative to their bodies. A baby’s neck and spine are not strong enough to sustain the force of a car accident without the proper protection of a car seat. Child car safety experts tell parents to always make sure a car seat is rear-facing for infants under the age of two. That is, the car seat is facing the backside of the vehicle.

The Issue With Rear-Facing Car Seats

Child car safety experts tell parents to face car seats toward the back of the vehicle because an impact to the front of the car is the most common type of car crash in America. Per The Washington Post, of the infants under the age of one killed in collisions between 2005 and 2009, one third were involved in frontal or offset crashes while only 15% were killed in rear-end crashes. Facing a car seat to the back of the vehicle can keep the baby’s neck and spine straight while the car seat eliminates whiplash from the crash.

Again however, this safety measure is intended to protect babies from crashes to the front of the vehicle. As evidenced from the tragic story above, babies can face severe risks from rear-end collisions as well. The issue is that car seat manufacturers tend to read statistics like the ones given by The Washington Post and focus on creating safety measures for frontal crashes because they are the most common. As a result, they overlook the risks associated with infants in rear-end collisions. 

The Washington Post also outlined an experiment and study published by the Journal of Traffic Injury Prevention. The experiment depicted the impact of a rear-end collision with a car moving 30 mph carrying an infant-sized dummy sitting in a rear-facing car seat. The experiment showed the car seat lurching toward the back of the car and the dummy’s head colliding hard with the back seat. The car seat researchers who conducted the experiment recognized that a car colliding with another vehicle in reverse at 30 mph is unlikely, but they were nonetheless surprised by the force of impact absorbed by the infant dummy’s head. The child car safety experts, however, were more concerned that their findings would scare parents into thinking rear-facing car seats were not the safest option. They made sure to specify that babies should remain in rear-facing style. The experts intentions for the study were not to show that babies are unsafe facing the back of vehicles, but rather that rear-facing car seats could be made safer.

No Car Seat is Crash Proof, But Rear-Facing Car Seats Are The Best Option

Rear-facing car seats, as opposed to forward-facing, are the best option for infants up to the age of two. As stated above, frontal or offset crashes are the most common type of crash. Rear-facing car seats have been designed to mitigate the force of these frontal crashes and stop any whiplash from occurring. Additionally, the most common type of rear-end crash occurs when the car is moving between 5-10 mph. Although whiplash can still be felt at these speeds, it is more important to focus on reducing the impact of frontal crash that could occur at 30 mph or faster. It is even mandated in three states that infants are remain rear-facing until they reach the age of two. 12 states require babies to sit in rear-facing seats until they are at least one. To ensure an infants rear-facing seat is as safe as possible, parents should secure the car seat through their vehicle's seat belt or L.A.T.C.H. system. Generally, a car seat is secure if it cannot be moved more than one inch in all directions.

Below are more car safety tips provided by the Children’s Hospital of Philadelphia. 

Car Safety Tips for Infants

  • Your child should be in a rear-facing car seat until the age of two.
  • Always put your infant’s rear-facing car seat in the back seat of a car. A baby sitting in the front passenger seat of a car could be fatally injured by the blunt force of an air bag.
  • Always have snug safety harnesses at or below your baby’s shoulders. Make sure there is no room to pinch a fold in the harnesses.
  • Never place a blanket between your child and the harnesses, and do not dress your baby in bulky clothing that could lessen the snugness of the safety straps. Instead, place a blanket over the harnesses and child. 
  • Lastly, remember that your child has outgrown his or her’s rear-facing seat if his or her head is touching the top of the car seat. There should be at least one inch between the top of their head and the top of the car seat.

So, the question remains: are rear-facing car seats safe for Infants. The easiest answer is that they are the better of two evils. The rear-facing car seat is the best option for children under two years of age. However, they do not completely ensure an infant's safety, especially from rear-end accidents, but they are safer against the more common frontal car accidents. Hopefully however, the focus for the future of child car safety is not on deciding which type of crash deserves the most attention, but rather, how to make a car seat that can be safe in all car accident types. 

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

Birmingham, Michigan's Recent City Updates

The City of Birmingham, Michigan is effecting safety improvements, fixing roads, and making parking easier for everyone who spends time in this beautiful city. Read further to check out the latest local news developments.

Internet Purchase Exchange Zone

The Birmingham Police Department has set up an internet purchase exchange location for buyers and sellers using websites such as Craigslist to buy and sell items. The zone is in the parking lot on the south side of City Hall, located at 151 Martin Street, with a sign posted in the designated area. 

Though residents are encouraged to make exchanges during daylight hours, the exchange zone is well-lit if it is necessary to meet after dark. The lot is also under video surveillance at all times. The internet purchase exchange location was established to minimize potential fraud and robberies that can be associated with these types of transactions. 

After-Hours Drop Box

A drop box behind City Hall is currently accepting parking tickets, absentee ballots, property tax paperwork, water bills, and other city documents, for those looking to take care of business after hours or during holidays. The green box is located in the parking lot on the south side of the building.

Local Construction Projects

Three local streets are being reconstructed this summer.

  • Oak Street, from Glenhurst Drive to Chesterfield Avenue. This street is the student drop-off area for drivers of children attending Quarton Elementary School. The street will be narrowed to allow sufficient space for the construction of a separate two-lane drop-off area. The work is scheduled to be finished before school starts in the fall. 
  • Poppleton Avenue, from Knox Avenue to Maple Road. This road is the entrance to the Kroger shopping center parking lot, so it will be kept open while under construction. The work will be done in phases to allow continued access to businesses. Residents living north of this construction area will be encouraged to use a different entrance into the subdivision for the five weeks the construction is expected to take place. 
  • Lawndale Ave, from Oakland Avenue to Woodward Avenue. This one-way section of road will be reconstructed to add extra green space to the traffic island in between Lawndale Avenue and Woodward Avenue, making the road 4 feet narrower than it currently is.

Other local streets will be resurfaced with new asphalt during September and October. Those streets are:

  • Ashford Lane-South off of Quarton Road.
  • Millrace Court-South off of Lakeside Drive.
  • Hidden Ravines Drive, Trail, and Court-West off of Southfield Road. 

In addition to road construction projects, several sidewalk concrete repair projects are currently underway throughout Birmingham. All sidewalk repairs in the area north of Maple Road, between the Rouge River and Adams Road, are scheduled to be fixed, along with repairs on the northeast corner of the Central Business District.  

Traffic Control Technology at Parking Structures

The City of Birmingham installed new traffic control equipment earlier this year to make parking more reliable at all of the City's parking structures. Drivers must use a credit/debit card or IN card (a card that can be loaded with different amounts of money) to pay for parking. The system does not accept cash or require tickets, helping to prevent a backup at exits where drivers that stop to look for their tickets may hold up traffic. 

IN cards can be purchased at the SP+ Parking Office at the Chester Street Parking Structure or at the Treasurer's Office in City Hall. They cost $10, and can then be loaded with $25, $50, $100, or $200. IN cards can also be purchased with a zero-dollar balance, for drivers parking under two hours. The parking office at 180 Chester can reload the card if the balance is running low. 

Other new technology that has recently been installed at local parking structures is a parking widget on the City website. Visitors can check the number of available spaces at each parking structure by visiting www.bhamgov.org or by using the mobile-enabled feature on their smart phones to click on the green and white parking logo at the top right corner of the screen. Users are also able to review maps of the parking location and get directions to them. 

Additional improvements coming soon include new signs outside each parking structure that will display in real time  the number of spaces still available. Drivers do not even have to be in Birmingham to access parking information with the latest technology for the parking structures. 

With so much going on around Birmingham, it is important to stay safe and be aware of one’s surroundings, to help prevent accidents from happening. The Michigan Law Firm, PLLC cares about the local community, and helps keep residents informed so injuries don’t occur. 

Accidents can happen anytime, anywhere. Staying informed about improvements and construction in the community may prevent injuries. If you or someone you know has been injured in a Birmingham, Michigan automobile accident, contact The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. 

Man Dies In Flint Area After Crashing Stolen Police Car

A 24-year old Michigan man has passed away after stealing a Michigan State Police car early on the morning on July 9, 2017, and crashing it 20 miles away. 

MLive reports that police officials were called to the area of M-55 and Plank Road in Tawas shortly after 4 AM, to look for a man driving a golf cart along the road without headlights. 

Phillip Everett, of Greenbush, Michigan in Alcona County, was stopped by troopers and arrested on suspicion of drunk driving. As troopers worked to secure the golf cart, Everett was able to move into the driver’s seat of the police car and drive away at high speeds. 

Law enforcement discovered a short time later that Everett had crashed the patrol car at southbound US-23 near East Bessinger Road in Arenac County. He died as a result of his injuries sustained in the crash. 

Drunk driving crashes kill 1 person every 51 minutes in the United States, despite all 50 states making it illegal to drive with a blood alcohol content (BAC) of .08 or higher. As in Everett's case, driving while impaired may lead to arrest, serious injury, and even death. The National Highway Traffic Safety Administration (NHTSA) recommends the following safety tips to help prevent drunk driving:

  • If you will be drinking, plan on not driving. Plan a safe ride home before you start the party. Designate a sober driver ahead of time or plan to use a ride-sharing business like Uber or Lyft.
  • If you become unexpectedly intoxicated, do not drive for any reason. Once again, call and Uber or call a taxi, phone a sober friend or family member, or use public transportation. The NHTSA also has a SaferRide mobile app available, allowing users to call a taxi or friend and identify their location so they can be picked up. 
  • If someone you know has been drinking, do not let that person get behind the wheel. Take their keys, take them home, or help them arrange a sober ride. 
  • If you see an impaired driver on the road, contact your local law enforcement. Your actions could help save someone’s life. 

Drunk driving can lead to serious injuries or fatalities. Reckless driving and speeding may also lead to accidents, endangering drivers, passengers, and people in other motor vehicles and on the roads. If you or someone you know has been involved in a severe car crash, contact The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. 

Virtual Reality Tools Could Help Design Future Cars

CNN has just brought to light an important tool in developing future automobiles and making them safer on the roadways. The article makes mention of a London-based design firm, Seymourpowell, which is working with cutting edge technology to design and edit car plans in virtual reality, wearing VR headsets and working with a new 3D sketching program. It has been reported that the new VR software speeds up the process of designing vehicles, as opposed to traditional programs like Photoshop.

Here's where the new software steps in. Put on the VR headset and you are transported to a 3D workspace where the view adjusts to your head movements. The left control stick lets you sketch lines, which can be twisted, moved and manipulated with the right one. Then, you can then jump around your digital surroundings with the press of a button.


With so few functions to worry about -- and because you can see the two controllers as if they were your own virtual hands -- the process is surprisingly intuitive.

Automakers are working with this new software too. CNN reports that Ford and Jaguar Land Rover are already using similar VR software for vehicle design and that more car manufacturers are interested in working with this technology as well.

As car manufacturers begin to streamline their design and development processes by taking advantage of emerging virtual reality technologies, it's conceivable that more attention could be provided to auto safety and ensuring that the risk of drivers and occupants sustaining serious injury in auto accidents is further minimized.  

The Michigan Law Firm, PLLC is a civil litigation firm in Birmingham, Michigan, handling cases throughout Michigan. Our law office regularly files car accident lawsuits and seeks compensation for victims who were injured in auto accidents. Contact us for a free legal consultation at 844.464.3476. Speak to an experienced injury lawyer today.

Defective Gas Tank Part Investigation Is Ongoing

According to Claims Journal, the NHTSA has started investigating certain auto parts which appear to be made by Continental Automotive GmbH, a German auto parts manufacturer, after the manufacturer filed paperwork indicating that there is a possibility of defective parts and that a recall will take place. A Continental spokesperson has went on the record saying "[o]ur filing is signaling that basically there’s a potential defect and here’s who we sold it to." The full extent of this auto part recall remains to be seen.

Bloomberg has recently reported that the "recalls so far affect certain Porsche Macan, Audi Q5, Audi Q7 and VW Touareg SUVs sold over the last decade. The fuel pump flange is generally mounted in the fuel tank and closes an opening used to mount other fuel and vapor management." It has also been reported that Continental may have also supplied the potentially defective fuel pump flanges to McLaren, Lamborghini, and Volvo, as well as multiple auto suppliers.

Continental has said that it is communicating with those who may have been impacted by the gas tank part being investigated.  The potential number of vehicles involved in this recall is still being determined, but estimates "could spread to millions of other vehicle" according to Claims Journal.

The Michigan Law Firm, PLLC is a Birmingham, Michigan personal injury firm. Our Metro Detroit law office handles all types of injury accidents and seeks to recover monetary damages for our clients. Call our law office today at 844.4MI.FIRM (844.464.3476) for a free consultation.  Speak to an accident attorney today. 

Flint Gets $15 Million for Water Crisis

More federal aid money is being provided for Flint, Michigan area residents affected by the Flint Water Crisis. According to a recent June 30, 2017 press release from the U.S. Department of Health and Human Services, approximately $15 million in funding will be provided to the Genesee County Healthy Start Program, which is overseen by the Genesee County Health Department. This program provides "health and social services for women, infants, and their families who have had, or are at risk for, lead exposure in Flint, Michigan and the surrounding community."  

The Department of Health and Human Services press release mentioned that not only can lead stay in the bones for decades, but that women and infants might face ongoing exposure through pregnancy and breastfeeding, even after the lead source is removed.  

Health and Human Services Secretary Dr. Tom Price, M.D. commented, “[w]e understand the urgency of the situation, and this funding will help connect affected and at-risk Flint residents to comprehensive health and social services proven to mitigate the effects of lead exposure.” It's important for those who show symptoms from the Flint water to see their doctor and discuss the best medical course of treatment. 

As Flint, Michigan residents continue to recover from the Flint Water Crisis and the city's infrastructure continues to be restored, our personal injury law firm will continue to monitor new governmental aid for victims who have suffered injuries and general information for the public at large.  

More details regarding the Healthy Start Program can be found at this site: https://mchb.hrsa.gov/maternal-child-health-initiatives/healthy-start.

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

Fourth Of July Travel Safety Tips

As the Fourth of July, one of the most anticipated holidays of the year, approaches, many American families are preparing to travel to celebrate this patriotic day. Thousands of people take to the roads on Independence Day, contributing to what U.S. News describes as “the busiest summer travel holiday.” This year, the holiday weekend will extend longer than normal, from Friday, June 30th to Tuesday, July 4th, when AAA Travel says a record-breaking 44.2 million Americans will travel 50 miles or more away from home. As a result, drivers need to extra careful when traveling on the roads over the longer weekend, since other drivers may have over-indulged in celebratory beverages at barbecues and parties.

To avoid being involved in a motor vehicle accident, travelers may want to follow the Fourth of July Travel Safety Tips below, recommended by TODAY:

  • Follow basic safety practices. Wearing seatbelts, using helmets, being mindful of speed limits, and remembering to not drink and drive can go a long way to keeping roads safe.
  • Take preventative measures. Check oil levels and tire pressure, along with coolant levels, because cars may overheat when stuck in traffic. Car owners may also benefit from a check-up with a mechanic, prior to a long road trip, to examine vehicles for any unusual problems that might impede driving vacation.
  • Plan trips with timing in mind. If it can be helped, it can be safer to travel a few days before or a few days after the Fourth of July, as the days closer to the holiday tend to be more congested.
  • Keep a safe following distance. Stay three seconds or more behind the car, truck, or motorcycle in front of you. This will allow you enough time to brake if you need to stop suddenly.
  • Minimize distractions. Keep phones put away and out of reach, leave snacks and drinks in the cooler, and turn the radio stations on before leaving the driveway. If mobile devices absolutely must be in the car, hand them to a passenger to control or utilize one of these safety apps researched by The Michigan Law Firm, PLLC to help prevent a deadly collision from distracted driving. Besides these distractions, road trips also call for additional reasons to focus on the road. Arguments, even if they are in the backseat, may make drivers anxious or cause them to take their eyes and ears off the road. Pets, along for the vacation, should be kept inside a carrier or fascinated into pet-specific seat belts, so as not to jump into the front seat and distract the driver. Additionally, loose items like sunglasses and maps might fall from the dashboard or overhead sun visors, startling drivers enough to threaten the safety of everyone in the car.
  • Know where you are going. Look up directions for road trip routes beforehand, making a plan for the hours spent on the road. Enlist a passenger to help navigate, so that the driver can focus on getting to the destination safely. Remember not to look at a phone screen for distractions while also behind the wheel of a moving vehicle.  
  • Get plenty of rest. Prior to traveling over the Independence Day weekend, don’t forget to sleep in the midst of packing and planning. Lack of sleep can lead to drowsiness while driving, which is a risk factor for severe car crashes. Car drivers should take frequent breaks and rotate drivers if necessary.

The Fourth of July can be fun for everyone, as it is a day off work to enjoy the summer weather, cook out in backyards, and swim in the lake. Holiday road trips are a great way to bond with family and friends, and visit destinations, both new locales and well-loved spots. However, drivers must always be cautious of their surroundings, especially during such a busy time for travelers. Keep flashes of red, white, and blue to the fireworks in the sky instead of blinking on top of police cars. There is no doubt which would make the Founding Fathers more proud.

The 4th of July is a day to celebrate freedom for all people in the United States of America. Driving is a privilege not a freedom. Don't take advantage of the holiday as a reason to drive dangerously, drunkenly, or distractedly this upcoming Independence Day weekend. If you or someone you know has been a victim of an automobile collision, please contact The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation.

Record Travel Numbers Expected for 4th of July Weekend

It’s that time of the year again to put on your festive USA attire, break out the sparklers, and fire up the grill. It is America’s birthday and experts are predicting a record setting number of people traveling for the 4th of July weekend. According to a national survey cited by The Detroit News, 44.2 million people are estimated to be traveling at least 50 miles away from their home. This number comes as a 2.9% increase from last year’s record breaking travel numbers (42.9 million people).

Travel Breakdown

An estimated 37.5 million Americans will be driving to their destinations to celebrate Independence Day. 3.4 million people are predicted to be traveling by air, a 4.6% increase from last year. This marks the 8th straight year in which air travel has been presumed to rise. The survey forecasts that car rental prices will be reduced by 14% and popular domestic flights will be reduced by 10% over the holiday weekend.  

This year’s holiday is classified as a 4-day weekend from Friday to Tuesday.

Why Is Travel Predicted To Increase?

Fortune states that a growing economy, increased consumer confidence and low gas prices are all factors contributing to the record setting travel predictions. The average U.S. price for gasoline sits at $2.28 per gallon, four cents lower than last year.

Fourth of July Safety

The Fourth of July is one of the deadliest holidays of the year. The holiday accounts for 40% of all motor vehicle accident fatalities in the past 5 years. According to The National Highway Traffic Safety Administration, over the 2015 July 4th weekend, 238 people were killed in car accidents with at least one driver who had a blood alcohol concentration (BAC) over 0.08. Given the record amount of people expected to drive to their travel destinations this year, there is a heightened risk that a few individuals will choose to drive drunk over the holiday weekend. Be very cautious of reckless driving and always make the smart decision to drive sober.

The Center for Disease Control and Prevention states that in 2015, over 10,000 people died in drunk driving related accidents. If you have been in a drunk driving related accident or accident of any kind, call The Michigan Law Firm, PLLC at 844.4MI.FIRM. Speak with an experienced attorney and receive a free consultation. 

Are Americans The Worst Drivers In The World?

Source: GIPHY

The United States is known for its enthusiastic love of American football, for popularizing the juicy hamburger, and for its all American privilege of freedom for all. What the US can't proudly brag about however are its citizens' bad driving habits, commonly characterized by cell phone usage and the consumption of snacks and drinks while behind the wheel. The frequency of car accidents on US roads is constantly in the news. In fact, ABC News reported that there were over 41,000 deaths on American roads in 2015 alone. As tragic as this statistic is and as commonplace a stereotype about bad American driving is, surprisingly, American drivers are only in the middle of the pack when it comes to road safety.

Perhaps it's due to different driver’s license requirements and road organization from country to country, that many other countries come out on the better side of traffic fatality statistics than the US. This may especially be because distracted driving is not as common in these countries as it is in the United States. Germany in particular comes out on top as a safer driving country than the US despite the fact that their road speeds regularly reach 140 mph on the autobahns. Distracted driving is a danger that millions of Americans participate in daily, that may lead to severe injuries or traffic fatalities. However, because German drivers tend to obey road rules more than Americans, and are less likely to be distracted by activities that take their eyes off the road when they are traveling at such high speeds, they are generally safer drivers. 

Another reason Germany has more safe drivers may be due to the training Germans receive prior to becoming certified to drive. In Germany, there is a more difficult path to earning a driver’s license, involving a tougher written test, and required road tests in four different types of driving environments before allowing people to get a driver’s license, at age 18. On the other hand, each US state has their own age requirements for receiving a license, typically allowing teens to becoming licensed at age 16, following driver’s education classes and a basic road test. On top of stricter German license requirements, new drivers in Germany are essentially on probation for two years and in the event that they receive a traffic infraction, are booted back to driving classes.

Even stricter than Germany, Japan carefully polices written and road tests, only allowing drivers to skip their road test if they take a $2,500 driving course. The country is so specific on their driving requirements that, coupled with excellent public transit systems, many people avoid driving altogether. Then there is Iceland, which requires driving in snow and ice to be a part of the road test. Some US States, including Michigan, could benefit from adding this type of practice to their road tests for optimal winter driving safety!

Great Britain also appears to have safer drivers than in the US, possibly because the country has fewer freeways going through city centers than American cities do. This means that there are fewer high speed auto collisions as a whole. Heavy congestion in British cities also doesn’t allow many people behind the wheel in Great Britain to be able to get up to the speeds typically needed for fatal collisions. Andrew Howard, head of road safety for Great Britain says, “Our plummet in road deaths in recent years has been particularly in urban areas. You now can’t get up the speed to have them."

The famous British 'stiff upper lip' has also been attributed as a reason that car accidents are not as prevalent in Great Britain, as British drivers maintain their emotions and don't exhibit aggressive driving behavior, which in the US usually leads to road rage car accidents. An American expatriate living in London for the past 11 years explained, “You still have very much more courtesy and abiding by the rules in England. Someone will go zipping by at 100 [mph] , but they’ll do it in the appropriate lane."

While many countries have better safe driving records than America, there are still others that have worse car crash statistics. Unlike the other European countries mentioned in this article, Portuguese streets are almost twice as deadly as American roads. Turkey's driving conditions were described in a US State Department 'driver safety briefing' as, “pedestrians seemingly completely oblivious to oncoming traffic … vehicles backing up (in reverse) on exit ramps and on main highways … [and] oncoming drivers who play inscrutable light games, flashing and flashing whether you have your ‘brights’ [high beams] on or not.” 

Perhaps worse than bad driving skills are the bad behaviors of Russian drivers who often bribe the police to get out of traffic tickets and driving under the influence of alcohol, and to drive unlicensed vehicles. Sergius Morenc, an ABCNEWS correspondent in Moscow, said, "there are, of course, standards and rules to be followed, but nobody follows them...If somebody breaks down, say, in the fast lane, he will take his spare wheel out or start working on the engine where he stopped." 
Finally, the United States still has safer roads than South Korea, the worst country to drive in, because highways are desperately in need of repair due to constant car accidents which occur when roads are congested.

So, the truth comes out: Americans are not really the worst drivers in the world. But, stereotypes are hard to shake, which is maybe why many Europeans still wonder if Americans are the worst drivers. Nevertheless, the US could do with less distracted driving driving car accidents. Americans should stop participating in lengthy group chats, stop finessing their Pandora playlists, or eating a three course meal while in the driver’s seat. Speedy driving also needs to be reduced in order to have safer American roads and to reduce the number of fatal speeding car collisions. Overall, driving policies are criteria that vary no matter where one is in the world, but it is the need to travel between destinations that unites all people to rally for vehicle safety.

Driving is a universal action. Humans also universally display tendencies of speeding, distracted driving, and other actions that may lead to dangerous motor vehicle accidents. If you or someone you know has been involved in a car accident and call The Michigan Law Firm, PLLC. We offer free consultations for victims of motor vehicle collisions. Contact us today, at 844.4MI.FIRM.

Electric Car Sales Reached Record High in 2016

Today, environmental issues have become a primary concern in society. With many policymakers, activists, and corporations alike, all seeking to inspire a greater movement to sustain the Earth, it is not surprising that the “green movement” is beginning to impact certain industries, specifically the automotive industry. According to Greentech Media, the electric car market hit a record high last year in 2016 when 750,000 electric cars were sold. There are 2 million electric cars being driven in the world today, meaning that almost half of the world's electric cars were sold last year! Although 2 million only accounts for 2% of the market for small, passenger vehicles, it is a large feat for the industry that just began scratching the surface in 2010.

China has led the electric car market, competing directly with the Detroit, Michigan automakers. Of the 750,000 electric vehicles sold last year, China sold 336,000, with much credit due to BYD, a Chinese automaker that has dominated the electric vehicle (EV) market and was responsible for roughly 1/3rd of the country's EV sales. Yet, according to electrek, BYD has recently seen sales drop 34% in early 2017 due to the Chinese government reducing electric vehicle subsidies and incentives, which have been the main reason behind the market’s rapid growth.

After China, Europe sold the second highest amount of electric vehicles, accounting for 215,000. Norway saw the highest EV sales in Europe, selling about 62,000 vehicles. Other European countries that have contributed to sales include the Netherlands, UK, France, Germany, and Sweden. The United States trailed China and Europe selling 160,000 vehicles last year.

Credit: IEA

The International Energy Agency (IEA) is optimistic about future growth in the electric car market, projecting car sales between 9 million and 20 million by 2020, and sales between 40 million and 70 million by 2025. Since this is quite a leap from last year's three quarters of a million, many wonder if these numbers are attainable. The answer is that car sales are dependent on the green movement continuing to motivate consumers into seeking more environmentally friendly transportation, as well as automakers designing more practical and less expensive electric vehicles. 

It's tough enough to buy a regular gasoline car without doing a ton of research, that it's even more difficult for some people to consider electric cars too. Until electric vehicles gain more popularity, the average person may not know enough about them to know how to purchase one of if it's the right vehicle for them. Below is a list of pros and cons provided by PluginCars to aid in decision making.

Cons of Electric Cars:

  1. Limited driving range. A main concern about EVs is that they have a limited driving range of about 80 to 100 miles before they need to recharge. This makes it difficult to take long trips with the car because charging stations may be many miles away and it takes hours to fully recharge.
  2. That leads to the next con, long charging time. However, the time it takes to charge an EV completely depends on the size of its battery. As a general measure for all EVs, 1 hour of charging can put about 20-25 miles back into the car.
  3. EVs are expensive. The average price for an EV is between $30,000 and $40,000, which is more expensive than a standard gas-powered vehicle of its size. However, most U.S. states offer incentives for purchasing electric cars, you can view the incentives by each state here.
  4. Minimal consumer choice. Many of the EV models look similar, and some people do not care for the typical design of an electric car. However, this has been an issue well-addressed by automakers and many new designs have been developed or are in the development process.

Pros of Electric Cars:

  1. They are quiet and quick. An EV delivers a much smoother and quieter ride, and electric cars possess more torque allowing the car to accelerate faster.
  2. EVs can be recharged at home. Electric cars can be easily charged in the confines of your home by simply plugging in the charger into an outlet and letting it charge overnight. In the morning it will be fully charged and ready to be driven.
  3. EVs are cheaper to drive. The cost per mile to fuel an electric vehicle is about 1/4th the cost of gasoline. Also, because the vehicle is electric, the only maintenance costs incurred are tire rotations and maintaining inflated tires.
  4. They do not produce carbon emissions. Of course, the largest benefit to electric vehicles is that they do not include a tailpipe that gives off harmful chemicals into the air, therefore they produce better air quality and benefit the environment.

 

Clearly, there are both benefits and issues with electric cars, but with the ongoing movement to help sustain the environment, it is foreseeable that EV sales will continue to rise. Given the ongoing creation of new designs and longer lasting batteries from innovative companies such as Tesla, these vehicles are becoming more attractive and appealing to the consumer. It remains to be seen whether electric cars will take over the automotive industry in the future, but it is safe to say the market for electric vehicles will experience considerable growth in the upcoming years.

Electric vehicles are better for the environment and can help reduce our carbon footprint, however, they do not reduce the chance of getting into a car accident. If you or anyone you know has been in an accident of any kind, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation.

FTC Sued For Approving Used Cars With Recall Defects

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

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

Opponents Of Recall Defective Car Sales

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

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

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

How Defective Car Sales Affect The Auto Industry 

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

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

How Consumers Can Protect Themselves From Recalls

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

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

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

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

Sterling Heights Lawsuit Against Macomb County, Over Sinkhole, Dismissed

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

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

How The Sinkhole Was Created

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

Sinkhole Repair Costs And Necessity

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

Sterling Heights Lawsuit Dismissed

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

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

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

Temporary Fixes

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

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

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

Detroit's Street Lighting Overhaul

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

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

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

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

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

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

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

Up To 13 People May Die On The Job Everyday

Source: GIPHY

June is National Safety Month. This designation was established by the National Safety Council as a special recognition dedicated to reducing the leading causes of injury and death, at work, on the road, and in homes and communities. In 2014, according to the Bureau of Labor’s Census of Fatal Occupational Injuries, 4,821 people died while on the job. This number equates to more than 13 people dying per day - a shocking statistic that is more frequent than people realize. While those working in an office job may be less at risk than those doing manual labor, knowledge of safety in the workplace benefits everyone.

The top 5 occupations that experience the largest number of workplace injuries, and as a result, more days away from work are:

Top 5 Jobs That Cause Workplace Injuries

  1. Public servants such as firefighters and police officers
  2. Transportation and shipping workers
  3. Manufacturing and production employees
  4. Installation, maintenance, and repair men
  5. Construction workers

The dangerous nature of these occupations shouldn't come as a surprise since exposure to machinery and heavy physical activity on the job are more likely to cause harm than operating a computer behind a desk.

While there are differences between these occupations, they share some consequential injuries.

Common Types of Workplace Injuries

Source: GIPHY, Live Leak

  1. Overexertion can occur with heavy lifting and lowering, and from repetitive motions. This can cause workers to become tired and susceptible to making injurious mistakes, like hammering their hands instead of a nail on a maintenance job.
  2. Contact with objects or equipment also causes injuries, when people are struck by the object/equipment, caught or compressed by the object/equipment, or struck, caught, or crushed in a collapsing structure, equipment, or material. This type of injury is frequent on construction sites when people are injured by heavy machinery.
  3. Slip and falls, either on the same level or to a lower level, result in 25% of workplace injuries. Examples include, a painter slipping on a wet tarp, firefighters tripping over a hose, or construction workers carrying large and heavy items not being able to see and avoid a pile of bricks in their way. 
  4. In general, any employees in these hazardous jobs may be kept away from work because of strains, sprains, tears, soreness, pain, cuts, lacerations, and punctures, resulting in missed days and difficulties returning to the workplace. 

You never know when you may be in a situation to help an injured coworker. Therefore, learning how to recognize injuries and being safe on the job is a smart precaution. It's also important to know how to prevent these types of workplace injuries from happening in the first place. Below are some safety tips for employees at work:

How To Avoid Workplace Accidents

  1. Avoid bending, reaching, and twisting when lifting heavy objects.
  2. Take short breaks frequently to minimize exertion.
  3. Store heavy objects close to the floor.
  4. Be aware of moving objects and equipment in and around work areas.
  5. Wear the proper personal protective gear.
  6. Place the base of ladders on an even, solid surface. 
  7. Use good housekeeping practices.

Source: GIPHY

This June, help spread awareness in your workplace as part of National Safety Month. At work, taking safety steps now, may help in the long run. Office and desk workers should also be mindful of professionals working more physical or dangerous jobs, keeping a safe distance from them and alerting emergency personnel if a workplace injury occurs. Safety doesn’t just stop when you leave your car or home, it must continue at work, as well. No employee wants to endure the pain and suffering that comes with a workplace accident. At the very least, the image of their boss in the back of an ambulance might scare people enough to brush up on workplace safety. 

Workplace injuries are much more common than people think. National Safety Month in June is helping spread awareness of safety on the job, in order to keep people off the stretcher and on their feet. If you or someone you know has experienced a workplace injury, contact The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. 

Life-Saving Apps That Prevent Distracted Driving

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

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

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

Distracted Driving Prevention Apps

1. LifeSaver

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

2. TrueMotion

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

3. AT&T’s DriveMode

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

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

4. Drive Beehive

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

Apple's iOS 11

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

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

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

Newborn Baby Abandoned In Unknown Car

A visitor to Mercy Health St. Mary’s Hospital in Grand Rapids, MI discovered a newborn baby abandoned in a car in the hospital parking lot, on the morning of June 12, 2017 and alerted police. The baby was not found in its parents' car but in an unknown man's vehicle. Officials are currently working to get to the bottom of the case. It has been reported that the baby’s 24-year-old mother is currently cooperating with investigators. However, it is still unclear whether or not the baby’s mother knows the man in whose car the baby was found.

Luckily, the baby, who appears to have been born within the last week, is in good health. However, the baby's abandonment is even more alarming because of the recent hot Summer weather in Michigan. Temperatures outside on Monday, June 12th reached the mid-90s, turning the inside of vehicles into ovens. It is of course, never safe to leave children or pets inside hot cars. The National Highway Traffic Safety Administration (NHTSA) reported that from 1998-2016, 700 children died from heatstroke in vehicles. 54% of these deaths were due to the child being forgotten in a car by a caregiver. While a few minutes in a hot car might sound harmless, in just ten minutes, a car can heat up to 20 degrees higher than the outside temperature, which can be enough to kill children who are left in vehicles. Additionally, children are often too young to alert others for help if they are trapped in an abandoned car.

Source: Kars4Kids.org

It is therefore important to “check for baby” before leaving the car, to ensure child hot car safety. Making it a habit to check the backseat before leaving the car can prevent children from being left behind on hot days. The non-profit organization Kars4Kids wants to help bring awareness to this important subject. They have developed an app to help forgetful parents remember that there is someone alive and breathing in the back of their vehicle, among the mountains of groceries.

They have created an app, called Kars4Kids Safety, which is designed to set off an alarm every time a phone that has the app leaves a vehicle. It does this by connecting to a car's Bluetooth technology to track when a user goes in and out of a vehicle. A customizable ringtone and option to add your child's photo make remembering to double check one's car as easy as posting on Facebook about your baby's first trip to the pool. Considering that even with windows rolled two inches down, a car can overheat at mercury-defying rates, Kars4Kids is helping fight for child car safety.  

Not only is it important to make sure children aren't left in cars, but it is equally important to not allow them to break into a vehicle when adult attention is turned away. Cars may look like giant playgrounds to small children, but in reality they are powerful, dangerous machines that should only be used for driving and not for hide and seek. By locking the car when it is not in use and by keeping keys out of reach of children, children can be stopped from being able to get into a vehicle and potentially trapping themselves inside.  

While most parents and caretakers unintentionally leave children and pets in cars because they were distracted and forgot about the quiet dog or sleeping baby in the back, others think it's ok to leave a child in a car because they'll be right back in just one minute. While these actions are dangerous to the child, they are not done with ill intent. The Grand Rapids baby on the other hand was presumably, intentionally, abandoned in a hot car in a hospital parking lot. It's a shame that this is how the mother decided to leave her child when, according to CBS Detroit, the State of Michigan allows people to surrender their newborn babies to hospitals and other emergency care providers, without having to worry about criminal charges. In fact, the mother could have left the baby safely with a health care professional in the hospital itself, where she presumably gave birth, and not outside in a hot car. No matter what, there is no excuse for leaving a child to die alone in a hot vehicle. 

Driving with children always requires extra precautions, particularly in the Summer when scorching hot temperatures make vehicles burn to the touch. With the rescue and shelter resources available around the State of Michigan, there is no reason a child should be left behind. On June 12, a stranger saved a newborn baby's life. Next time, someone might not be there until it is too late.

Children should never be left in car on sweltering hot Summer days, for their own safety. If you so someone you know is in need of legal assistance relating to an incident of child car safety, contact The Michigan Law Firm, PLLC at 844.4MI.Firm for a free consultation.