Michigan Auto Accident Blog

Following a recommendation from the National Transportation Safety Board in 2003, several states have imposed laws banning cell phone use among teenagers while driving. According to the government’s automobile safety agency, the leading cause of death among young adults is through car accidents. Additionally, these automobile accidents are three times as likely to end in fatality then all other crashes.

North Carolina, for example, enacted a law in 2006 that prohibits motorists under the age of 18 from driving and using a cell phone simultaneously. Despite the threat of a fine, most teenagers have ignored the law. Researchers for the study watched teenagers leaving school discovered that young drivers were equally as likely to use their cell phones both before and after the law was enacted.

Additionally, cell phone bans have proven difficult to enforce. While spotting a driver with a phone up to their ear is easy, it’s nearly impossible for police to recognize hands free devices, more or less guess how old the drivers are. Furthermore, many are unaware that a ban on cell phone use even exists.

Because teens are ignoring these restrictions, and it is difficult to spot, parental influence is paramount. As our firm handles a vast number of auto accidents each year, we hope that parents will accept their responsibility in teaching their children safe driving habits. Hopefully, it will be a means by which accidents, and especially fatalities among teens will decline.

We all know that Michigan motorists pay a ton of money for their auto insurance. Our no-fault system in Michigan is the most generous in the nation. It has worked well for several decades (since the early 1970s). However, it falling apart under its own weight.

The primary culprit with regard to sky rocketing auto insurance rates are the increasing costs associated with the first party benefits. These benefits, sometimes referred to as the no-fault benefits or economic benefits, include unlimited medical coverage (and the related fee for service reimbursement to medical providers) and reimbursement for lost wages, attendant care and replacement services. The insurance industry estimates that twenty years ago first party benefits accounted for approximately 20% of the premium cost. Today, first party benefits have doubled to 40% of the premium cost. As medical costs increase, the cost of auto insurance will increase. Essentially, Michigan auto insurance companies have become health insurance companies. Despite the fact that most drivers are already paying for their own health insurance.

Recently, an unlikely coalition of legislators and special interest groups including the Michigan Chamber of Commerce, Urban League, Small Business Association and legislators Virgil Smith (a Democrat) and Alan Sanborn (a Republican) introduced an effort to reduce auto insurance rates. Their proposal involves a $50,000 cap on no-fault benefits. This approach is often referred to as “PIP Choice”. The same approach that was roundly rejected (by a 30 point margin) in the early 90’s in two state wide voter initiatives. For many reasons, the specific approach is misguided.

However, an approach that might accomplish the same result - lower auto insurance rates in Michigan - has support from many important stakeholders in this debate. This approach seeks to adopt a fee schedule for medical providers that is identical to the worker’s compensation fee schedule - a system that already works. Importantly, this reimbursement approach is more generous than private insurance (including Blue Cross and all HMOs).

An approach involving fee schedules would accomplish everyone’s objective - lower auto insurance rates - without cutting off (read - shifting the responsibility to the state…read - forcing Michigan taxpayers to pick up the tab) catastrophically injured auto accident victims when they blow through the $50,000 cap.

- Posted by Mark Bernstein

Our office has a well earned reputation for fighting hard for clients in and out of the courtroom.

Last week our law firm scored an important victory in a jury trial in a Michigan courtroom. Michael Battersby, a successful and highly experience Michigan trial lawyer won a jury verdict of approximately $300,000 dollars in a case where the insurance company offered only $35,000 dollars (as a final offer to our client). This offer was rejected because it did not come close to compensating our client for serious injuries sustained in a Michigan auto accident.

Mike took the case to trial and won.

The victory sends a message to insurance companies that they can’t play games with our clients. That we will stand up and fight to maximize the value of each case.

Insurance companies know that many lawyers are terrified to go to trial…they don’t want to lose or they lack the financial resources to support the expenses of trial litigation (expert witnesses, diagrams, etc.). Not us.

Congratulations to Mike and our client on a well deserved victory in court!

It will be interesting to see what impact, if any, rising gas prices will have on the number of Michigan auto accidents this spring and summer. The number of miles driven by motorists (both as commuters to work and as tourists on vacation) directly effects the number of auto accidents that occur. ..the fewer miles driven…the fewer accidents. This is, generally speaking, a very good thing.

Will motorists be safer as a result of fewer miles driven? Our guess is that thsi will be the case. This might be a silver lining in the rising cost of gas prices.

We all know that Michigan motorists pay a ton of money for their auto
insurance. Our no-fault system in Michigan is the most generous in the
nation. It has worked well for several decades (since the early
1970s). However, it’s falling apart under its own weight.

The primary culprit with regard to sky rocketing auto insurance rates
are the increasing costs associated with the first party benefits.
These benefits, sometimes referred to as the no-fault benefits or
economic benefits, include unlimited medical coverage (and the related
fee for service reimbursement to medical providers) and reimbursement
for lost wages, attendant care and replacement services. The insurance
industry estimates that twenty years ago first party benefits
accounted for approximately 20% of the premium cost. Today, first
party benefits have doubled to 40% of the premium cost. As medical
costs increase, the cost of auto insurance will increase. Essentially,
Michigan auto insurance companies have become health insurance
companies. Despite the fact that most drivers are already paying for
their own health insurance.

Recently, an unlikely coalition of legislators and special interest
groups including the Michigan Chamber of Commerce, Urban League, Small
Business Association and legislators Virgil Smith (a Democrat) and
Alan Sanborn (a Republican) introduced an effort to reduce auto
insurance rates. Their proposal involves a $50,000 cap on no-fault
benefits. This approach is often referred to as “PIP Choice”. The same
approach that was roundly rejected (by a 30 point margin) in the early
90’s in two state wide voter initiatives. For many reasons, the
specific approach is misguided.

However, an approach that might accomplish the same result - lower
auto insurance rates in Michigan - has support from many important
stakeholders in this debate. This approach seeks to adopt a fee
schedule for medical providers that is identical to the worker’s
compensation fee schedule - a system that already works. Importantly,
this reimbursement approach is more generous than private insurance
(including Blue Cross and all HMOs).

An approach involving fee schedules would accomplish everyone’s
objective - lower auto insurance rates - without cutting off (read -
shifting the responsibility to the state…read - forcing Michigan
taxpayers to pick up the tab) catastrophically injured auto accident
victims when they blow through the $50,000 cap.

No one wants to imagine the consequences of a truck accident.  But one of the most frightening prospects is a collision involving a large semi truck or tractor trailer and a bicycle rider.

In any truck accident, the bicyclist is at a great disadvantage because the truck is big, heavy, and usually moving fast.  As a result, the bicycle rider is at grave risk of severe, or even fatal, injuries.

The facts are shocking.  In the United States, 41,000 bicyclists were injured in traffic accidents in 2004, and 725 of these cyclists died.  Of all non-motorists killed in highway crashes, one out of every eight was a bicycle rider.

Cyclists under age 16 account for 21% of the deaths and 32% of the injuries in traffic accidents.  At the same time, the proportion of adult victims has increased in the past decade, as more Americans rely on bicycles for local transportation and exercise.  Regardless of the bicyclist’s age or circumstances, the results of a collision with a truck can be devastating.

If the victim survives the truck accident, he or she may lose substantial income from work or time from school.  The bicyclist could have to cope with severe injuries, major surgery, extensive rehabilitation, or even lasting disability.

In short, a serious truck accident can change the victim’s life — temporarily — or permanently.

If you or a family member is a bicyclist involved in a truck accident, you need to protect your legal rights.  Consult an experienced truck accident attorney, before you talk with the insurance company of the person at fault. If you sign the wrong papers, you may give up all your legal claims for payment of medical bills and lost income, as well as compensation for the pain and suffering caused by the truck accident.

After truck accidents, injured bicyclists and their families tend to focus on their physical, emotional, or financial challenges.  Nevertheless, the time that truck accident law allows an adult — or a child — to act to preserve legal rights starts to run from the day of the truck accident.

If you or a loved one was injured in a truck accident, make the time to talk with an experienced truck accident lawyer immediately.

Automobile accidents are very dangerous and may cause serious injury. No one wants to imagine being in any motor vehicle accident. Although some insurance industry publications try to minimize the impact, the truth about automobile accidents is disturbing:

• According to the National Safety Council, there are approximately 12 million automobile accidents every year.
• Approximately 2 million non-fatal, but disabling, injuries occur in automobile accidents every year.
• Approximately 10% of all automobile accident victims become disabled.
• Collisions occurring at speeds as low as 5 miles an hour can lead to significant cervical or neck injury. This is true even though there is little to no damage to the motor vehicles in a low speed collision.
• Even if an accident causes no broken bones, a victim may suffer "soft-tissue" injuries that last for months, or sometimes years. A study reported in the European Spine Journal indicated that 10% of accident victims experienced degenerative bone conditions during the first year after the auto accident.

Perhaps the most frightening prospect is a roll-over accident, and they are among the most dangerous of all motor vehicle accidents. In the United States, there were about 70,000 accidents involving rollovers of sport utility vehicle (SUV) in 2002. These crashes killed 2,000 Americans and injured thousands more.

Sometimes rollovers result from a collision between two or more vehicles. At other times, a rollover is a single vehicle accident. After a single-vehicle rollover, the driver may not realize that someone’s negligence may have contributed to their accident. In fact, a rollover accident may be caused by factors like gross negligence in the production of tires, poor vehicle design, or road defects.

The serious nature of these crashes is clear. Rollovers account for 19% of the deaths in standard automobiles, 36% of the deaths in pick-up trucks, and 51% of all deaths in SUV accidents. Often the occupants of a vehicle are physically ejected during a rollover. A person who is in a rollover accident is extremely lucky, if he or she escapes serious injury. Anyone suffering serious injury should talk with an experienced auto accident lawyer.

One reason for the higher rate of SUV rollovers may be the vehicle design. An SUV may have a high center of gravity and a relatively narrow wheelbase, which make it more likely to rollover in a collision. If you drive an SUV, be sure that you always wear a seatbelt and drive within the posted speed limit.

If you or a loved one was seriously injured in a car accident, contact an experienced car accident lawyer immediately.

Our highways accommodate millions of passenger vehicles, buses trucks, and tractor-trailers. These extremely large semi trucks carry essential products, parts, livestock, and equipment for business and consumers. Economically we need these big trucks, but sharing the road with them can be very dangerous. When driving near a tractor trailer be alert and take extra safety precautions.

Know the Risks:

Most states allow extremely large trucks and tractor-trailers to travel on major highways. The following are some of the current legal standards for semi trucks, tractor-trailers, and other large trucks:

• A loaded tractor-trailer can be up to 8 1/2 feet wide — 50% wider that a passenger car. (102 inches)
• The overall length of a truck hauling a trailer can be up to 65 feet on designated truck routes.
• The length of a tractor-trailer transporting logs can be up to 70 feet, or more than 4 times the length of an average automobile.
• There is no overall limit on the length of a semi truck, if it is pulling one trailer no longer than 50 feet or two trailers no longer than 28 ½ feet each.
• The normal maximum load for a truck with a single trailer can be as much as 80,000 pounds. A few states, including Michigan, allow trailers with multiple axles and tires to haul up to 120,000. Watch for these trucks which usually carry steel, gravel, heavy equipment, asphalt, and other extremely heavy goods.
• The maximum weight of a tractor truck with two loaded trailers can be as much as 160,000 pounds, about the same weight as 50 passenger cars.

The enormous size and weight of a tractor-trailer make it a potentially dangerous vehicle, even if a skilled and careful truck driver is at the wheel.

Safety Tips for Auto Drivers Sharing the Road with Large Trucks

If you are on the highway near a tractor trailer or semi truck, you can reduce the risk of a serious accident by driving with extra care. Here are safety guidelines to help you protect yourself and your family:

• Stay out of truck blind spots. Although every truck has side mirrors, the driver still has blind spots–areas directly behind and on both sides of the truck where the driver cannot see cars. Look at the truck, if you can’t see the driver’s side view mirrors, you are in the blind spot and the driver can’t see you. If your car is next to a large truck, either drive on past or back off. If you are passing, try to drive your car on the left side where the blind spot is smaller.

• Never follow a large truck too closely. Keep 20 to 25 car lengths between the front of your vehicle and the back of a large truck. This extra distance will allow you to see in front of the truck. In case there is congested traffic or an accident up ahead, you will see it in time to stop or safely steer your car away from the danger.

• Use extra caution when passing a large truck. After you pass a large truck, do not pull your car back into its traffic lane until you can see its headlights in your rear view mirror. Leaving this extra distance gives the truck driver the time to slow down or stop if something is happening on the highway ahead.

• Always remember that a loaded tractor-trailer or semi truck needs as much as 100 yards — the length of a football field — to come to a complete stop. No matter how crowded the highway, make sure to maintain this safe distance. If the truck driver ignores this margin of safety and follows your car too closely, do not take a chance. Move your car into another traffic lane.

• Always use your turn signals when changing lanes. Drivers around you need to know what you are doing to maintain safe driving distances.

The laws that govern Michigan automobile accidents are long and complex. Often, the terms used by car accident insurance agents and lawyers are confusing. Two important terms you should know:

1. First-Party Benefits
2. Third-Party Benefits

Michigan is a No-Fault State. This means that your own Michigan car accident insurance company pays most of the economic losses you suffer in an automobile accident, regardless of who was at fault. These economic benefits are called First-Party Benefits.

Third-Party Benefits usually cover non-economic losses, including damages for pain and suffering. Both of these types of benefits are described in detail below.

Michigan First-Party Basics

The Michigan law defining First-Party Benefits states: First-party benefits are payable to anyone who suffers an injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle.

The following analysis looks at:

• Who has to pay your Michigan No-Fault Benefits?
• What are the specific benefits you may be entitled to receive after a Michigan auto accident?

Michigan First-Party Order of Priority

Although your own insurance is first in line to pay in a Michigan automobile accident, there are times when an uninsured individual is an innocent passenger in a motor vehicle. In these circumstances, determining who is responsible to pay Michigan No-Fault Benefits can be complex.

Driver or Passenger Order of Priority

• 1st priority is your own insurance policy, if none then…
• 2nd priority is to the insurance company of a resident relative (i.e. spouse, parent, or sibling), if none then…
• 3rd priority is to the insurer of the owner of the vehicle occupied, if none then…
• 4th priority is to the insurer of the driver of the vehicle occupied, if none then…
• 5th priority is to the State of Michigan Assigned Claims Facility.

Pedestrian Order of Priority

• 1st priority is to your own insurance, if none then…
• 2nd priority is to the insurance company of a resident relative (i.e. spouse, parent, or sibling), if none then…
• 3rd priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then…
• 4th priority is to the insurer of the driver of the motor vehicle involved in the accident, if none then…
• 5th priority is to the State of Michigan Assigned Claims Facility.

Motorcycle Order of Priority

A different order for receiving benefits exists if you were on a motorcycle when the accident happened, because motorcycles are not considered "motor vehicles" under Michigan law. In a motorcycle/auto collision, the priority would be as follows:

• 1st priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then…
• 2nd priority is to the insurer of the operator of the motor vehicle involved in the accident, if none then…
• 3rd priority is to the motor vehicle insurer of the operator of the motorcycle involved in the accident, if none then…
• 4th priority is to the motor vehicle insurer of the owner of the motorcycle involved in the accident, if none then…
• 5th priority is to the State of Michigan Assigned Claims Facility.

The Michigan Assigned Claims Facility

The Michigan Assigned Claims Facility is a State Agency with the power to assign an auto accident insurance company to provide benefits, if an injured victim cannot obtain benefits from other sources. Remember that uninsured drivers, operating vehicle they own, do not qualify for Michigan Assigned Claim Facility assistance. To apply for Assigned Claims Benefits, call the Michigan Assigned Claim Facility directly at 517-322-1875.

Specific Michigan First-Party Benefits

The First-Party No-Fault Benefits that you claim from your own insurance company include:

Medical Bills for Life

Michigan motor vehicle accident law requires that medical coverage continue for life, or for as long as you need treatment for injuries suffered in the accident.

There are many complicated factors to getting your medical bills paid, if you are in a Michigan motor vehicle accident. We recommend that you contact our office about your rights.

To qualify for medical expense reimbursement, a bill must be reasonable (in cost and necessity) and the bill must be actually incurred. Michigan law does not provide for guaranteed pre-payment of bills due to a motor vehicle accident. Sometimes, an auto accident insurance company will try to escape its responsibility, by questioning the need to a medical test or procedure, which your physician ordered, or by disputing the amount of the medical bill.

Insurance companies in Michigan provide two types of medical coverage in the event of an automobile accident:

1. Uncoordinated benefits
2. Coordinated benefits

Your insurance policy states which type of benefits you should receive. An uncoordinated policy pays benefits, regardless of the presence of other health insurance. A coordinated policy requires your other health insurance to pay first, and your automobile insurance to pay amounts that your primary insurer does not cover.

It is common for a primary health insurance policy and a motor vehicle insurance policy to contain contradictory language about which one has the first obligation to pay medical bills. Meanwhile, the motor vehicle insurance company may escape its obligation to pay a bill, if it did not receive it within one year of the date that you got the medical treatment.

Wage Loss

Michigan No-Fault Law allows an injured individual to receive 85% of his or her lost wages, if a doctor found the victim disabled from work due to injuries suffered in a car accident. This benefit cannot exceed a period of 3 years. The wage loss benefit is set at 85%, rather than 100%, of lost earnings because the benefit is tax-free. The law also sets a monthly cap on the amount of lost wages that the insurance company must reimburse.

Attendant Care

Michigan auto accident law requires the no-fault insurance company to pay for attendant care (also known as nursing services) for an injured victim who needs supervision or assistance while recovering at home. Sometimes, a physician determines that a person with severe injury needs around-the-clock supervision. A caregiver who is a member of the victim’s family is entitled to attendant care reimbursement. Although the law does not set a specific hourly rate for the caregiver, the reimbursement should reflect the type and complexity of the services that the injured person receives. Frequently, insurance companies unreasonably and unlawfully refuse to pay for adequate attendant care.

Replacement Services

This term refers to reimbursement for services that you would have performed on your own, if you were not injured in an accident. If you paid or promised to pay for household services, chores, errands, etc., which you usually accomplished on your own, then you may be entitled to reimbursement for these expenses. A physician needs to provide a written statement that you are unable to do these tasks on your own. In addition, your insurance company may require documentation of who performed which services. Michigan law states that an auto accident insurance company is obligated to reimburse up to $20 per day for replacement services and that these benefits last for up to three years.

Mileage Reimbursement

Often, proper medical treatment, tests, and physical therapy require an injured person to travel long distances. Michigan No-Fault Law provides for the reimbursement for mileage traveled to and from this medical care.

Third-Party Auto No-Fault Law Basics

Under Michigan auto law, while First-Party Benefits cover most economic losses, Third-Party Benefits provide damages for pain and suffering, scarring or disfigurement, death, and wage loss in excess of 3 years. In Michigan, a Third-Party legal claim is filed against the at-fault driver in the motor vehicle accident. With the exception of excess wage loss, the damages sought in a Third-Party case are non-economic in nature. To prevail in a claim against a careless driver for non-economic damages in Michigan, the injured auto accident victim must show that he or she suffered a "threshold injury." Michigan law defines this as:

• A serious impairment of an important body function, serious disfigurement or scarring, or death.

It is very common for insurance company adjusters to assert that an injury is not a "serious impairment of a body function." However, if you have an objectively documented injury to an important part of your body, and this affects your life, then you should talk with an experienced Michigan auto accident lawyer dedicated to helping Michigan auto injury victims.

Travel Safely with Young Passengers in Your Car

The essential safety information for every parent, relative, friend, or caregiver, who may transport an infant or small child in an automobile is to be sure to get the right car seat for your child. When it comes to child restraint systems, one size does not fit all, and each system must be appropriate for the individual youngster’s age, weight, and height.

The following are general guidelines about the kind of protection your child may need:

• Infants up to about 1 year old should travel in a federally-approved infant safety seat that faces the rear of the car. Facing the back of the car protects a baby’s fragile head and neck if a car accident occurs. The car seat should be semi-reclined so that the baby’s head does not flop forward.

• Children between 1 and 4 years old can sit in a convertible seat that faces forward, if the car seat is equipped with harness straps to securely hold the youngster in place.

• A child who outgrows a convertible seat should ride in a booster seat, which will make the safety belt fit better and more comfortably.

• After a child gets too big for a booster seat, he or she can wear a regular seat belt, but should continue to sit in the back seat until 12 years of age.

Give your child the maximum protection by using the car safety seat properly.

Although about 80% of drivers use child restraint systems, over 70% were incorrectly installed. The most common mistakes were incorrect use of the tethers and harnesses, which will keep the child safely secured in the event of an accident. This puts children at risk, and can easily be avoided, if drivers take the time to follow these simple steps:

• Study the vehicle owner’s manual and car seat instructions carefully.

• Check to see if you need a special locking clip. Not all standard safety belts will secure a car seat without it.

• Look for a car seat with a label saying it meets federal motor vehicle standards.

• Send in the car seat registration card, so that you will get notice of product safety recalls.

• Get a tight fit - the car seat should not move more than one inch from side to side or forward. To check for proper installation, push and pull on the car seat near the safety belt buckle.

• Replace a car seat that has been in a crash.