Michigan Car Accident Attorneys Blog

According to USA Today, motorcycle accidents are responsible for the deaths of 12 people every day in the United States. The leading cause of death in these accidents is not surprisingly head injuries. Although nearly every other type of traffic fatality has gone down, motorcycle fatalities have been on the rise for the last 11 years (with the exception of last year which experts attribute to the economy).

Although almost all states have helmet laws, only 20 states require them for all riders (Michigan included). Many states only require helmets for riders under 18. The National Transportation Safety Board (NTSB) is urging these states to enact more stringent helmet laws, requiring all riders to wear them.

Many enthusiasts disagree with NTSB and think that awareness and rider education are the solution rather than mandatory helmet laws. Whatever your view, it is clear that unfortunately many fatal motorcycle accidents occur each year and in a disproportionate amount. Although motorcycles only account for 3% of all traffic accidents, they represent 13% of all traffic accident fatalities.

We know that talking on the phone while driving or texting while driving is distracting. But how distracting is it? According to Car and Driver Magazine, a huge distraction. In a short test they conducted they found that texting and talking on the phone while driving was actually more dangerous when it came to stopping distances than drunk driving. Other studies have come to the same conclusion. This is a staggering fact given that most of the laws in Michigan focus on drunk driving.

The new texting while driving law serves as a slap on the wrist compared to much stricter drunk driving laws. If texting while driving is more dangerous than drunk driving, shouldn’t there be tougher penalties? It seems that the law is yet to catch up to this new technology.

Michigan should be commended, however, for at least having a texting while driving law. There are still 20 states that do not have laws at all when it comes to texting while driving. The next step will be tougher penalties and better enforcement.

The $100 fine for a first offense in Michigan is small in comparison to what a drunk driving ticket involves once you tack on legal fees. By increasing fines and penalties for texting while driving, Michigan law could try to deter people from this behavior. This would also encourage people to use hands free devices or new technology allowing you to text hands free by voice commands.

Enforcement mechanisms are also easier than you probably think. Devices that detect outgoing radiofrequency signals are cost effective and reliable. Studies also suggest that officers using the naked eye are reliable and effective. If texting while driving and talking on the phone while driving are more dangerous than drunk driving, shouldn’t our laws and enforcement policies reflect it?

If you don’t know about uninsured and underinsured motorist coverage, you need to.

Uninsured motorist coverage covers you when you are injured as a result of a driver with no insurance, a hit and run driver or a driver of a stolen car. Uninsured motorist coverage is coverage provided by your own insurance company. The cost of this coverage is usually nominal.

Underinsured motorist coverage allows you to recover from your own insurance company, money to pay for damages incurred from an at-fault driver who does not have enough insurance to cover your damages. This is far too common a situation today and not enough people know that this type of coverage is essential.

For example, if someone causes an accident causing you injury and only has the state mandated minimum of $20,000 in coverage, if you are harmed in excess of $20,000 you are probably out of luck. This is despite the fact that you have adequate insurance yourself!

With an underinsured policy (which you also get from your own insurance provider) you first are entitled to the full amount of the other person’s coverage and then on top of that, whatever your underinsured policy amount is. This is an insurance policy that makes sure that you are covered no matter what type of insurance the other person who caused the accident may have.

Continue reading "Auto Insurance-Coverage every driver should have-Uninsured & Underinsured Motorist Coverage" »

Ok, It was bound to happen.
You have been in a car accident.
You felt OK right after the crash, but the next day your back and neck are really sore.
What to do??

Well, first and foremost go see your family doctor and follow their advice.

Whether you caused the accident or not, you are entitled to certain benefits from the insurance company. You need to contact the insurance company and complete a simple form called an application for no-fault benefits. These benefits are called 1st party or PIP (Personal Injury Protection) benefits. If you suffer an injury in a car accident you are eligible for these benefits no matter how the accident happened.

So, what are PIP or first party benefits?

Continue reading "So you have you been in a car crash? Now What?" »

Recovering money for car accident injuries in Michigan may have just gotten easier. Recently, the Michigan Supreme Court in McCormick v Carrier changed the standard for determining a “serious impairment of body function.” This is a big deal because when someone is in a car accident in Michigan and suffers an injury, they must prove that there was a “serious impairment of bodily function” in the case.

Continue reading "COURT RESTORES RIGHTS FOR CAR ACCIDENT INJURIES" »