Michigan Woman Dies After Being Struck By Vehicle In Parking Lot

A Michigan woman has passed away after being hit by a car in a grocery store parking lot outside of Muskegon, Michigan. According to the Detroit Free Press, Betty Jean Wolovek, 82, was struck by a vehicle in the parking lot of E&A Grocery on East Apple Avenue in Egelston Township, Michigan. The accident occurred on Thanksgiving Day, November 23, 2017, at around 10:30 AM. She was taken to Mercy Health, where she died from her injuries.

The car accident is still under investigation. Currently, Muskegon police have not released any details about the driver or if any criminal charges have been filed. According to Wolovek’s son, she was hit by a female driver who remained on scene until the police arrived. He believes the driver was backing up when she hit his mother.  

Parking lot accidents are unfortunately common in the United States. According to the National Safety Council (NSC), an average of 50,000 accidents occur each year in parking lots and garages. Parking lot accidents result in about 500 deaths and 60,000 injuries each year. And since traffic deaths on highways and surface roads have been rising in recent years, it’s likely that the number of parking lot accident deaths may rise too.

A survey done by the NSC in 2016 found that 66% of drivers admit to making phone calls while driving in parking lots, and 56% admit to texting. Drivers also admitted to programming their GPS, sending or receiving emails, taking photos or watching videos, using a smartphone, surfing the internet, and video chatting, all while driving in parking lots.

Deborah A.P. Hersman, president and CEO of the NSC, said that, "Parking lots are intense driving environments that require both drivers and pedestrians to pay close attention...It is discouraging that so many drivers are willing to add distractions to that mix. When you're in a parking lot, you need to be hyper-vigilant to the risks surrounding you – just because speeds are lower doesn't mean you are safe." To help prevent car crashes, the NSC provides the following tips for drivers while in parking lots.

Parking Lot Driving Safety Tips

  1. Stay in lanes and avoid cutting across lots.
  2. Drive slowly and use directional signals.
  3. Anticipate the actions of other drivers.
  4. Obey stop signs and no-parking signs.
  5. When backing out, be mindful of vehicles and pedestrians.
  6. Watch for small children and parents with baby strollers.

It’s not just drivers who need to remain vigilant and free from distractions while in parking lots, however. From 2001 to 2011, more than 11,000 pedestrians were seriously injured because they were distracted by phones. The National Highway Traffic Safety Administration (NHTSA) notes that like traffic deaths, pedestrian accident deaths are also on the rise. Pedestrian deaths jumped 9% from 2014 to 2015, and are at the highest number they’ve been since 1996. When walking through a parking lot, pedestrians need to put the phone down, and be aware of vehicles that could start backing up at any moment.

Drivers and pedestrians must work together to car accidents in parking lots. Pedestrians need to stay away from their phones and any other distractions while walking to and from their cars, and be on the lookout for cars with their brake lights on, or any other signal that a car may be about to move. Drivers should program their GPS, send emails, make phone calls, and do whatever else they need to do while their car is in park and not moving - not while driving. When backing out of a parking space, drivers should check and double check for pedestrians, shopping carts, and any other hazards that may be their way. Parking lots may not seem as dangerous as highways, but distracted driving accidents can happen anywhere, and drivers should always know how to be safe avoid car accidents.

Parking lot accidents may not receive as much attention as high-speed car crashes on the freeway, but the truth is that car collisions can happen anywhere. If you have been involved in an automobile accident, call The Michigan Law Firm, PC at 844.4MI.FIRM for a free legal consultation. 

Study Shows: Teens And Parents Unaware Of Drugged Driving Dangers

A new study published in Forbes raises concerns about how much knowledge drivers have when it comes to drugged driving. A recent study regarding teens and marijuana use found that one-third of teens think it’s legal to drive while under the influence of marijuana in states where marijuana is legalized. While this could be written off as teenage ignorance, 27% of parents surveyed thought the same thing. To be clear, it is absolutely not legal to drive after consuming marijuana.

2,800 teenagers and 1,000 parents were surveyed and the results of the study highlight a common phenomenon that can be seen across the United States - drivers are well aware of the dangers that come with drunk driving, but the consequences of drugged driving are much less clear. Driving after consuming drugs just isn’t seen as being as dangerous as drunk driving! 88% of teens said driving under the influence of alcohol is dangerous, but only 63% said the same of marijuana. The surveyed parents rendered similar results, with 93% recognizing the dangers of alcohol, but only 76% recognized the dangers of marijuana.

While drivers may not be as informed about the dangers of drugged driving, they are still very real. According to the Governor’s Highway Safety Association (GHSA), 43% of fatally injured drivers in 2015 tested positive for drugs. This is higher than the 37% of fatally injured drivers found to have alcohol in their system. Of those drugged drivers, 35.6% tested positive for marijuana. According to the 2016 National Survey on Drug Use and Health (NSDUH), in 2016, 11.8 million people aged 16 or older drove under the influence of illicit drugs. Men were found more likely to drive under the influence of drugs than women, and drivers ages 18-25 were more likely to drive drugged than drivers 26 and older.

Marijuana, in particular, can slow reaction time, impair judgement of time and distance, and decrease coordination, which is why driving under the influence or marijuana risks car accidents. According to the National Institute on Drug Abuse, driving under the influence of marijuana can also lead to lane weaving and altered attention to the road. Data from the National Highway Traffic Safety Association (NHTSA) shows that 2015 saw a 47% rise in the number of drivers testing positive for marijuana. Driving while under the influence of marijuana increases the driver’s chances of being involved in a car accident by 25%.

While it is clear that drugged driving is an issue, it is also clear that much more research is still needed. The NHTSA admits that they, “still have much to learn about how illegal drugs and prescription medicines affect highway safety.” This is likely because of how difficult it is to gather data on drugged driving accidents. Currently, there is no good road side test (such as a breathalyzer) for drug use. (Michigan even tried to implement a roadside drug testing pilot last year, but progress has been delayed.) On top of that, there are hundreds of drugs that drivers could be using, and they all vary in how much they impair the driver and how likely they are to cause a car crash. It is also common to find that drivers have consumed a combination of different drugs and alcohol, making testing difficult. Often, police won’t even test for drugs if the driver’s BAC has already been found to be over the legal limit. All of this means that further research and protocols are needed when it comes to collecting data on drugged driving.

Better collection methods and more data are clearly needed in order to fully understand the dangers of drugged driving, but there is more than enough data to know that drugged driving is dangerous. As more states move to legalize marijuana, there could be confusion on this issue when there really shouldn’t be. While using the drug may be legal, driving after using it is not. Like alcohol, marijuana and other drugs, impair the driver, not only putting the driver at risk of a car accident, but also the lives of other people in the car, other people on the road, and innocent bystanders.

Drugged driving is illegal and very dangerous. Driving under the influence puts the driver and others on the road, at risk of being involved in a car crash. If you or someone you know has been injured in a car accident due to a driver under the influence of drugs or alcohol, call The Michigan Law Firm, PC at 844.4MI.FIRM, for a free legal consultation.

Driving With Your Dog In Your Lap May Soon Be Illegal

Today, it seems like dogs can come with us everywhere - airplanes, restaurants, malls, etc. We love to take them with us whenever possible, and they are often considered part of the family. They’re man’s best friend! But soon, dogs may not be allowed in the driver’s seat of a car. A newly proposed Michigan law would make it illegal for drivers to operate a vehicle with a dog riding in their lap.

According to Click on Detroit, House Bill 5277 was introduced in the Michigan State House on November 28, 2017 by Detroit Democratic Representative LaTanya Grant. The bill clearly states that, “an individual shall not operate a motor vehicle while a dog is sitting in his or her lap." The only exception would be for cases in which the dog must be in the driver’s lap for medical purposes, and the driver would need to have American Disability Act paperwork to prove that it is necessary.

Should the bill become law, drivers would be fined $100 for their first offense, and $200 for every offense thereafter. Rep. Grant said that, “this is about making sure Michigan drivers are safe. It's just too much going on when a driver really needs to be focused on the road. Two seconds of being distracted can cost lives, it can be very fatal."

Currently, laws regarding dogs, and all animals for that matter, in vehicles, are a bit of a grey area. Michigan State Police spokesperson Shannon Banner told MLive that Michigan legislature currently prohibits transporting an animal in a vehicle, “without providing a secure space, rack, car, crate, or cage, in which livestock may stand, and in which all other animals may stand, turn around, and lie down during transportation." But the definition of what exactly a, “secure space” is, is open to interpretation, and is usually determined on a case by case basis.

Many view the issue of driving with a dog on your lap as a form of distracted driving. The dog could potentially block the driver’s view of windows, and hinder the driver’s ability to safely operate a motor vehicle - both of which are actions that could result in a car crash. If this bill passes, it will be the first law in the State of Michigan to directly address driving with a dog in your lap.

In the meantime, laws regarding safe driving still exist. When you get behind the wheel, you are responsible for maintaining safe operation of your vehicle by following proper use of lanes and maintaining control of the vehicle. Both of these driving responsibilities can be hindered by riding with a dog in your lap. In other words, while you cannot currently be ticketed for driving with a dog in your lap, if doing so causes you to practice unsafe driving, you can be ticketed for that.

The proposed bill has been turned over to the Transportation and Infrastructure Committee for further review. In the meantime, think twice before you let the family pet ride in your lap. It’s likely that having a dog in your lap hinders your driving abilities to some degree. Let the dog ride shotgun, or on the floor, or in the backseat. In fact, make sure the dog is safe in a moving vehicle by using a pet harness that prevents it from getting injured in the event of a car accident. There are plenty of alternatives to having a dog in your lap, and the petting and cuddles can wait until you reach your destination. For more information about pet passenger safety, check out The Michigan Law Firm, PC blog!

Driving with a dog sitting on your lap may encourage distracted driving, and distracted driving can lead to fatal car crashes. If you have been involved in a distracted driving automobile accident, call The Michigan Law Firm, PLLC. Our accident attorneys are highly experinced in helping victims of car accidents identiy and collect any benegits they may be entitled to. For a free legal consultation, call 844.4MI.FIRM.

Winter Weather Means Hazardous Driving Conditions

While a lot of us may love the holiday season, one not so joyous thing that comes with it is the weather. What's particularly bad is that winter weather affects roads and can make driving dangerous. While fresh snow may be a pretty sight to see on Christmas morning, it’s a lot less pretty when it’s causing car collisions on the road. Unfortunately, snow, sleet, and ice, are responsible for a significant number of automobile accidents in winter months.

According to the U.S. Department of Transportation (USDOT), over 70% of roads in the U.S. are located in areas that receive at least 5 inches of snow on average each year. Nearly 70% of the U.S. population lives in these areas, meaning the vast majority of us have our drives impacted by winter weather conditions to some degree. Heavy snow and sleet reduce visibility of the road, and snow accumulation reduces the number of cars that fit on the street, as well as how fast vehicles are able to travel. On surface roads, speeds decrease by an average of 30-40% in snowy and icy conditions. On the freeway, speeds decrease by an average of 3-13% in light snow, and 5-40% in heavy snow. Snow and ice on the road also reduce pavement friction and vehicle maneuverability.

Data from the National Highway Traffic Safety Administration (NHTSA) shows that of the 5,748,000 crashes that occurred between 2005 and 2015, 1,259,000 (22%) were weather related. This is an average of about 5,900 weather related automobile accidents per year. Of crashes caused by weather, precipitation and wet pavement were the most common causes, which is unsurprising because these conditions occur year round. Of weather conditions that are specific to winter months, 17% of crashes occurred during snow or sleet, 13% occurred on icy pavement, and 14% occurred due to snowy or slushy pavement. Rapidly changing conditions, such as a sudden blizzard, are the most dangerous conditions, as road visibility can change in an instant.

Road salt is commonly used to help reduce the effects of winter weather on the road. USDOT reports that winter road maintenance makes up 20% of state DOT maintenance budgets. State and local agencies spend approximately $2.3 billion on snow and ice road repairs. Salt has proven to be extremely effective in keeping drivers safer. According to a study done by Marquette University, road salt reduces the number of car collisions by 88%, injuries by 85%, and accident costs by 85%.

It’s clear that winter weather conditions make roads more dangerous and car accidents more likely to happen. However it’s unrealistic to expect drivers to just not go anywhere when it snows (especially in Michigan, where the winters can be very, very long). The Michigan Secretary of State offers the following tips for driving in winter weather.

While following these tips can’t guarantee you won’t get into a winter car accident caused by snow or ice, it may help reduce the risk of motor vehicle collisions, and keep you and your family safer if you should be involved a car crash. The holiday season is a celebratory time of year, but it’s important to be aware of the driving hazards that also occur. These scary winter car accident statistics aren’t meant to keep you in your house all winter, but should serve as an important reminder of the additional hazards winter weather poses to driving.

While winter weather conditions do make driving more dangerous, the truth is that car crashes happen all year round. If you have been involved in an automobile accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. 

Holiday Season Causes More Drunk Driving Accidents

It is almost impossible to separate Christmas and New Years from drinking alcohol. From spiced wine, spiked punch, and brandied eggnog at holiday parties, to beer while watching football on New Year's day, almost every holiday event has a corresponding alcoholic beverage. And while it is, of course, fun to celebrate the holidays with friends and family, with a drink or two, often times figuring out how to safely get home from those parties is overlooked. The winter holiday season is therefore unfortunately notorious for seeing a spike in drunk driving accidents, as too many people drunkenly get behind the wheel after their holiday celebrations.

According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), more people are likely to die in alcohol related crashes during the holidays than at any other time of year. During Christmas and New Year's, 2 to 3 times more people die in alcohol-related crashes than during comparable time periods during the rest of the year. During this time period, alcohol causes 40% of traffic fatalities, as compared to just 28% during the rest of December.

Data collected by the National Highway Traffic Safety Administration (NHTSA) shows that in December of 2015, drunk driving resulted in 840 deaths. Also in that month, drunk driving accidents were 4 times more likely to occur at night as opposed to during the day. In Michigan alone, the Michigan State Police reported that there were 5 fatal crashes and 6 fatalities on Christmas day in 2016. On New Year’s Eve 2016 and New Year’s Day 2017, there were 9 fatal accidents and 11 fatalities. In all of these car accidents, alcohol and lack of seat belt use were factors that lead to car accident fatalities.

Making matters worse, there is a significant increase in traffic during the holidays, putting more people at risk of being involved in any type of car accident, let alone a drunk driving car accident. According to the U.S. Department of Transportation, the amount of long distance road trips taken increased by 23% during Christmas and New Year’s as compared to the rest of the year. People travel, on average, 275 miles to visit friends and family over the holidays, with about half of travelers completing their trips in one day, without spending any nights away.  So many people on the road means heavier traffic, and more people at risk of being involved in an automobile accident. Unlike Thanksgiving, Christmas and New Year’s fall on a different day of the week each year, making traffic patterns more difficult to predict.

When consuming alcohol at holiday parties, drivers often don't realize just how drunk they are, and think they are OK to drive. When alcohol is consumed, skills that pertain to driving (such as concentration, and decision making) are diminished more quickly than some of the more obvious signs of drunkenness take to set in. Even though alcohol may not initially change the drinker's behavior, anyone who imbibes alcohol may still be impaired. Alcohol slows reaction times, makes it tough to control behavior, and may even amplify aggression. When large quantities of alcohol are consumed, speech can be slurred and drinkers may feel a loss of balance and drowsiness. All of these symptoms of drinking can impair driving abilities, and a person experiencing drunk driving behavior has no business being behind the wheel.

If you find yourself enjoying an alcoholic beverage this holiday season, call an Uber or take the bus home. Better yet, if you know you'll be drinking ahead of time, prearrange a ride.  If you're spending the holidays with a group of people who will all be partaking in alcoholic beverages, select a designated driver. These are all ways in which you may be able to reduce the likelihood of causing a drunk driving accident. And if you see someone who is drunk at a party, HuffPost has the following tips for helping prevent a drunk driver from taking the wheel.

Holiday Drunk Driving Prevention Tips

  • If someone is noticeably impaired, take away their keys.

  • Remind drunk people that police often set up more drunk driving checkpoints during holidays (although this is illegal in Michigan, so it may only work if you are out of state).

  • Set ground rules, such as a person cannot start drinking until they have turned over their keys

  • Find out who at the party does not drink, and assign them as designated drivers.

  • If you’re at a family party with teenagers, hire them out to “babysit” the adults by driving them home.

So, if you have a drink or two during holiday festivities, keep in mind that  no matter how quickly you think you can sober up, or if you’re the "least drunk" person at the party, anyone who has been recently consuming multiple alcoholic drinks is not suitable to drive. There are plenty of options available to make sure a drunk person does not operate a vehicle. While you can’t guarantee you won’t be involved in an automobile accident, you can guarantee that you will not be the one to call an accident attorney and admit to driving drunk.

Drunk driving is never OK, but alcohol-related accidents are unfortunately common during the holiday season. If you or a loved one have been the victim of a drunk driving automobile accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. Let us handle the legal issues while you focus on recovering. 

Drivers Should Be Prepared for Heavy Christmas Traffic

It’s beginning to look a lot like Christmas, and for many of us, that means hitting the road and driving to visit friends and family. Time Magazine reported that approximately 100 million Americans travel between December 23 and January 3, and a whopping 90% of those travelers travel by car. That means traffic-a lot of traffic, and all of over the span of only a couple of days! And when more cars are on the road, it means car collisions are more likely to happen.

It should be noted that Christmas traffic patterns are much harder to predict than Thanksgiving traffic patterns. Thanksgiving falls on a Thursday every year, making traffic flow on the days leading up to and after the holiday, pretty predictable, since it’s the same day of the week each year. Christmas, on the other hand, falls on a different day each year, making traffic more difficult to forecast. When the holiday falls in relation to the weekend, as well as when schools start winter break, can vary year to year and will impact travel days and traffic patterns. That being said, Waze, a navigation app, has released travel data from years past to help forecast what traffic will be like this year.

Since Christmas falls on a Monday this year, it is likely that Friday, December 22nd, will be the worst travel day. Specifically, traffic will be the heaviest between 3 PM and 6 PM when people start leaving work, but roads will be more congested than usual starting as early as 11 AM. In years past, Christmas Eve has also been a pretty heavy travel day. However since Christmas Eve is a Sunday this year, it's likely that many people will begin their travel on Friday or Saturday, and Christmas Eve traffic won't be as heavy as it's been in years past. Like Thanksgiving Day, Christmas Day is the best day to travel, as traffic is at its lightest, and mimics weekend traffic patterns. Regardless of when your holiday travel plans are, it's important to be alert, as traffic flow probably won't be the same as it is on a normal day.

Waze’s data in regard to what destinations people are searching for on Christmas Eve likely won’t come as much of a surprise. Places of worship were by far the most searched for destination, seeing a 148% increase in searches. Before they go to church though, drivers appear to be running some last minute errands or trying to catch a flight. Grocery stores, restaurants, shopping areas, and airports all saw increases in number of searches as well, with most people making their drives between 10 AM and 4 PM. If you can, try and complete any urgent or last minute errands before Christmas Eve, and save yourself from a potential highway standstill!

When it comes to returning home after Santa has made his visit, traffic is more spread out over a few days. Historically, December 27th has been the worst day in terms of return traffic. But since Christmas falls on a Monday this year, drivers' return trips will largely depend on what day of the week they need to be back at work. This means that there will likely be more variation as to what days people are heading home. Based on data from 2016, waiting to return home until the 28th, as opposed o the 27th, resulted in lighter traffic.

Sitting in traffic may not bring much holiday cheer, but it is an unavoidable part of traveling over the holidays. If you can plan your travel to avoid the most congested times, you may be able to avoid the worst of the gridlock. Also by avoiding traffic, you may be able to avoid expressing and being on the receiving end of aggressive driving behaviors. Road rage car accidents are often prevalent during rush hour, and are like to be worse at a time when millions of people are running late to Christmas dinner. 

If you do find yourself traveling at one of the more popular travel times, know that your drive to Grandma and Grandpa's house is probably going to take longer than usual. Allow yourself extra time to get where you need to be, and let friends and family know that traffic may make you a little late. No one likes sitting in traffic, but it's a part of the deal when it comes to holiday travel, and no holiday can be happy when a loved one has been injured in a car accident.

Heavier traffic which can lead to road rage and aggressive driving, combined with winter weather conditions, means that there may be many car crashes this holiday season. If you or a loved one become injured in a car crash due to aggressive driving, distracted driving, road rage, or winter weather, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation with an experienced accident attorney.

Judge Throws Out Apple Lawsuit Relating To Distracted Driving

Should the manufacturer of a phone be held responsible for an automobile accident that was caused by someone using one of their phones while driving? It’s a question that likely isn’t going to disappear anytime soon, but at least according to one California judge, the answer is no.

According to Apple Insider, a class action lawsuit was filed against Apple in Los Angeles, California in January of 2017. The suit included victims and loved ones of victims who died in automobile accidents that were caused by a driver using an iPhone while behind the wheel. The suit claims that Apple had the technology to prevent texting while driving since 2008, and had a patent for it since 2014. The suit alleges that Apple refused to implement the technology as they were afraid it would cause them to lose sales to other phone manufacturers who weren’t using such technology. As a result, iPhone owners were able to text (or otherwise use their phone) while driving, injuring and killing others on the road. The plaintiffs wanted Apple to be held accountable for allowing drivers to be able to use their iPhones while driving.

But according to a circuit court judge in Santa Monica, California, it’s unreasonable to hold Apple accountable for the ultimate harm that is caused by an accident in which an iPhone was involved. As a result, the case was thrown out in August of 2017. Had the suit gone to trial, the plaintiffs were asking for Apple to halt production of iPhones in California until they would be manufactured with “lock out” technology, and that all current iPhones be updated to include the technology that prevents drivers from being able to use their iPhone while driving.

That ultimately didn’t happen, as the case was thrown out. But in the meantime, Apple has launched a new setting called “Do Not Disturb While Driving”, as part of their iOS 11 software update. As The Michigan Law Firm, PLLC blog previously mentioned, when enabled, Do Not Disturb While Driving mutes calls, notifications, and text messages, and keeps the screen dark. iPhone owners can also have the feature auto-reply to text messages, letting the contact know that the person is driving.

The safe driving feature turns on automatically when it detects an accelerating vehicle, or drivers can program the setting to turn on whenever the phone connects to their vehicle’s Bluetooth. There is an “I’m Not Driving” option for those who are riding in a car as a passenger, but of course there’s nothing really stopping the driver from claiming they are not driving, in order to be able to use their phone. Because of this, some feel as though the feature doesn’t go far enough to prevent a driver from engaging in distracted driving behaviors. They believe that Do Not Disturb While Driving should turn on automatically, without the driver having to enable it, and that there should be no option to turn it off. For similar smart phone apps that lock drivers out of their phones while driving, check out this blog post from The Michigan Law, Firm, PLLC.

While there may not be a perfect solution yet, it is clear that a solution is desperately needed. Distracted driving is one of the most dangerous driving behaviors a driver can engage in, risking not only their life, but the lives of everyone else on the road as well. According to the National Highway Traffic Safety Administration (NHTSA), 3,477 people were killed in distracted driving car accidents in 2015 alone. On top of that 391,000 people were injured in distracted driving car crashes.

The aforementioned Apple lawsuit cites data from the United States Department of Transportation, which reports that 1.5 million people are texting while driving at any given moment. They also cite data from the California Highway Patrol and the Federal Highway Administration which notes that iPhones specifically caused 52,000 automobile accidents in California each year, as well as 312 deaths in 2015.

Regardless of whether or not Apple should be held responsible for automobile accidents caused by iPhones, the lesson here is that distracted driving is incredibly dangerous. While features like Do Not Disturb While Driving and other apps that lock drivers out of their phones while in a vehicle are helpful, it’s ultimately the driver’s choice as to whether or not they use their phone while driving, not the manufacturer's. No text or phone call or playlist is nearly important enough to take your eyes off the road, and could mean injury or death for you, your passengers, and other people on the road.

Distracted driving in any form is absolutely never okay. Regardless of whether or not your phone has technology that can prevent you from using it while driving, it's ultimately up to you to decide to put the phone down when you're behind the wheel. Even if you can choose to put the phone down however,  you can't control other people's actions, and car accidents can still happen. If you have been the victim of a distracted driving accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation.  

First Snowfalls Causing Car Collisions Across Michigan

The snow has started in Michigan, and unfortunately, the dangerous impact it can have on roads is already being seen. In only the first week of December, numerous car collisions caused by hazardous weather conditions were already reported.

In western Michigan, accidents involving over three dozen cars were reported by the Detroit Free Press. On Thursday, December 7, 2017, westbound I-94 in southwestern Michigan was closed due to various pileups that began around 9 AM. An initial twenty car pileup was then quickly followed by a ten car pileup. Eight other smaller accidents were also reported that day, including one car accident involvign a pickup truck that slid into oncoming traffic, sideswiping an SUV. Luckily, only minor injuries were reported. The car accidents occurred near Mattawan, Michigan, in Van Buren County. Slippery road conditions were cited as the cause of all of these automobile accidents.

The Detroit Free Press also reported on a tragic scene that was caused by winter weather conditions in northern Michigan. On Wednesday, December 6, 2017, a 25-year old man was killed after he was hit by an oncoming vehicle as he was clearing snow from his driveway. The man was using a snowblower when a 25-year old female driver lost control of her vehicle, hitting the man. The accident occurred in Kingsley, Michigan, which is located in Grand Traverse County. The names of those involved in the accident have not been released as an investigation is ongoing.

Accidents like these are unfortunately common throughout the United States as winter weather starts to set in. According to the U.S. Department of Transportation, nearly 22% of car collisions that occurred between 2005 and 2014 were caused by hazardous weather. Those accidents killed an average of 5,900 people each year, which accounts for 16% of annual vehicular deaths. Of accidents caused by hazardous weather, wet pavement was the most common culprit, being responsible for 73% of all weather related accidents. Snow and sleet precipitation accounted for 17% of all weather related accidents, snowy and slushy pavement accounted for 14% of these car crashes, and and icy pavement accounted for 13%.

These numbers are scary, and Michigan winters are cold and long. This doesn’t mean that you should never get in your car again until April, but it is important that drivers are aware of the hazards that snow, sleet, slush, and ice can present. Practicing safe driving behaviors is always important, but especially so when driving in hazardous weather. Drivers should first make sure their vehicles are ready for winter driving. Steps to make a car winter ready can be found on The Michigan Law Firm, PLLC blog. Once a car is winter ready, drivers should take their time on the road and be sure to leave enough stopping distance between themselves and other vehicles. Finally, If the weather really seems just too dangerous to be driving in, it’s likely that most businesses will be closed, and you don’t need to brave the elements and risk injuring or hurting yourself or others.

Accidents happen year round, but the truth is that winter weather conditions make car accidents even more likely. If you or a loved one have been involved in an automobile accident caused by hazardous weather such as snow or ice, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation.

Colder Temperatures Reignite Car Idling Debate

Readers of The Michigan Law Firm, PLLC blog may remember two articles from this past summer that documented the saga of a Michigan man receiving a ticket for warming up his car one winter morning. Nick Taylor Trupiano, age 24 and of Roseville, Michigan, started his car in his driveway one morning in January of 2017. Taylor went back in his house to wait for it to warm up, but when he went back out to his car, was shocked to find a ticket on the windshield. The ticket read, “Vehicle parked in drive with keys in the ignition, motor running -- no one around."

Trupiano, angry and confused by the $128 fine, posted a picture of the ticket on Facebook, along with a heated description of the situation. The post was shared over 14,000 times. Facebook users were both angered at the Roseville Police Department for the bizarre ticket, and concerned that the same thing could happen to them. The Roseville Police Department responded, saying that, by leaving the car on with the keys in the ignition, Trupiano was “putting the public at risk” and creating a “public safety issue.” Essentially, Trupiano was leaving the car open to being stolen, since it was sitting in public view with the keys in the ignition. The law that Trupiano was ticketed under was put in place in order to deter carjackings. Had he started his car with a remote starter, it would have been fine. It’s the fact that the keys were in the ignition, making it fairly easy to steal the car, that was the issue. Trupiano fought the ticket, but lost, and was forced to pay the fine.

Many Michigan residents were concerned that the same thing could happen to them, since it's common for Michiganders in the middle of a harsh, typical winter to warm their cars up while they wait inside. Agreeing with Michigan citizens, Representative Holly Hughes introduced Bill 4215, a bill that would make it legal to leave a car running with the keys in the ignition so long as it was on private property. The bill passed the Michigan House of Representatives, and Governor Rick Snyder officially signed it into law on June 28, 2017. To be clear, it is still illegal to leave a car running with the keys in the ignition on public roads and freeways.

While the bill may have alleviated many Michigan residents’ fears about being ticketed for warming up their car in the winter, what was lost in the debate is whether or not cars even need to be warmed up in the winter. The short answer is, no. The idea that drivers need to warm up their vehicles before driving in the winter does stem from some truth, but doesn’t carry much weight now. According to the Washington Post, it is true that a vehicle's fuel economy does decrease significantly in colder temperatures, and it does take longer for the engine to warm up to its optimal temperature in the winter. More so, vehicles manufactured with carburetors do need to be warmed up in order to work well and prevent the car from stalling. However, automobile manufacturers stopped using carburetors by the mid 1990s, and began using electronic fuel injections. Electronic fuel injections can monitor and adjust to the temperature, so warming up isn’t necessary. As a result, modern vehicles don’t need to be warmed up for more than 30 seconds before driving - the engine will warm up faster while being driven than it would will idling in the driveway.

In short, if you’re warming up your vehicle to help your engine, that really isn’t necessary. But if you idle your car in the morning simply so your car is warm and you don’t have to spend the first 10 minutes of your commute in an icebox, that’s a different story! Many drivers warm up their car for comfort, but it’s important to consider the economic and environmental implications. Idling your car not only wastes fuel (and thereby wastes money) but it also gives off greenhouse gas emissions. A 2009 study found that idling cars account for 1.6% of all greenhouse gas emissions in America. While some idling, such as idling in traffic, is unavoidable, idling in the driveway is not. That same study found that based on the price of fuel in 2009, Americans could save $5.9 billion a year on fuel costs if drivers would cut out unnecessary idling.

Whether you decide to idle your car in the morning or not is up to you. But if you do decide to idle your car, make sure you do so in your driveway, where it is now legal. Do so on a public street, and you are fair game for a ticket.

While accidents can happen any time of year, driving in snowy and icy conditions can be especially challenging, and can lead to winter weather car accidents. If you have been involved in an automobile accident due to winter road conditions, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. 

Holiday Shopping Means Heavier Traffic

With Christmas, Hanukkah, Kwanzaa, family gatherings, and office holiday parties rapidly approaching, more and more Americans are going to be heading to the mall to do some shopping. As much as we tell ourselves the holidays aren’t about the gifts, Americans spend a lot of time and money each year buying presents for others (and quite possibly themselves). In fact, Fortune reported that holiday sales exceeded $1 trillion in 2016. And when that many people are heading to the mall, it not only means long checkout lines, but long traffic lines as well.

While Black Friday, which took place on November 24, 21017 is often thought of as the pinnacle of holiday shopping days, according to ShoppingTrak, Saturday, December 23, 2017, is a close second. While December 23rd may seem like an arbitrary date, the last Saturday before Christmas is known in retail as Super Saturday, because shoppers are finishing up finishing up their gift purchases or have left all of their shopping until the last minute. According to Fortune, 155.7 million people went shopping on Super Saturday in 2016. By the time Super Saturday rolls around, it is likely too late to be placing any online orders, so shoppers must go to the store. Rounding out the top five shopping days of the year are December 16, 2017, (the second to last Saturday before Christmas) December 26, 2017 (presumably when people are making returns and exchanges), and November 25, 2017 (the day after Black Friday).

With millions of people going shopping on Super Saturday, and really throughout all of December, traffic near malls and shopping centers is going to be worse than usual. Whether you’re a shopper trying to get in on the action, or someone who finds themselves in the unfortunate position of living or working near a big shopping area, the traffic will be hard to miss. Parking lots will be chaotic, highway exits will be backed up, and more pedestrians than usual will be on the streets. And no matter how much you love the holidays, sitting in traffic can be frustrating, to say the least. So, to keep tempers down, driving school Aceable has some tips on to how drivers can avoid road rage when stuck in shopping traffic, and what to do should you find yourself in a motor vehicle accident with an aggressive driver.  

Tips for Avoiding Road Rage

  • Most road ragers are usually dealing with some sort of emotional crisis, so if your girlfriend or boyfriend just broke up with you (or got unpleasant news from your doctor, or just woke up on the wrong side of the bed), be extra careful when you get behind the wheel. Give yourself some time to defuse before getting behind the wheel.

  • Expect other drivers to make mistakes and remember that everyone is human. You’ll be less freaked out when they do.

  • Be predictable. Always check your blind spots and use your signals when you change lanes so you don’t turn anyone else into a road rager. Checking all the views around your vehicle and being a considerate driver should help with preventing road rage.

  • If it’s rush hour or you find yourself in a traffic jam due to an accident, listen to music and just come to terms with the fact that you’re going to run late. It’s okay. No need to be inconsiderate to drivers around you by making obscene gestures at people trying to merge into your lane.

What To Do If You Enconter Road Rage

  • Avoid mad motorists, if at all possible. Ain’t nobody got time for that negative energy.

  • Don’t feed the trolls. If you try to speed up to pass an angry driver or prevent them from merging in your lane, it only makes things worse and can put your life in danger! Let them pass and leave plenty of room between you and that grump.

  • If an angry driver gives you the finger or makes another obscene gesture, be a grown up and ignore it. Such gestures have gotten people physically attacked many times. Um, no thanks.

  • Honk that horn only if you really have to for defensive driving purposes… like if a driver is merging into your lane and doesn’t appear to see you. Don’t use your horn if you’re simply annoyed because you’re sitting in traffic. We’re all in the same boat … er, car. Honking your horn is meant to be used to alert other drivers, not to scold them. Take the high road, engage in polite driving.

  • Don’t be afraid to report aggressive drivers to the authorities. You could save a life and prevent road rage from causing a bigger issue.

  • If you see a driver with road rage get into an auto accident, be cautious about approaching the vehicle and driver. Stop a safe distance away from them, then call the police to report the incident. Aggressive drivers can be unpredictable and it’s important to keep yourself safe

  • If an aggressive driver starts following you, don’t go home. Call the police and drive to the nearest police station. You don’t want to become the victim of a road rage attack.

While the holidays are supposed to be a joyous time, sitting in traffic, especially when you're trying to get last minute shopping done, can be anything but. No one likes sitting in traffic when they could be doing literally anything else, but no one likes getting in automobile accidents either. When shopping on Super Saturday, or doing any other holiday shopping this season, know that the mall is going to be busy, and things will likely be moving more slowly than usual. Remain calm, put on some holiday music, and remember that the holidays don’t last forever. Soon your Saturdays will consist of more than just sitting in mall traffic, and you won't be spending your time dealing with accident attorneys, insurance companies, and body shops, since you avoided getting into an aggressive driving car crash. 

Sitting in traffic can be frustrating, but it's important to not let that frustration get the best of you, and result in unsafe aggressive driving behaviors, which can lead to road rage car accidents. If you become the victim of an aggressive driving car accident, talk to an experienced accident lawyer at The Michigan Law Firm, PLLC. Call us at 844.4MI.FIRM for a free legal consultation. 

How To Get Vehicles Ready For Winter Driving

With winter here and snow on the way, and knowing Michigan's reputation for brutal winters, it’s important for citizens of Michiganders to make sure their cars are prepared for winter driving. Just as people spend extra time layering on jackets and gloves and scarves, extra time needs to be taken to prepare cars for colder temperatures as well.

Since we can’t control the weather, and we really can’t control how other people drive in it and what winter car accidents may occur as a result, we need to be in control of how well taken care of our vehicles are. According to the National Highway Traffic Safety Administration, which conducted an analysis of critical reasons for motor vehicle accidents, problems related to the vehicle accounted for 44,000 accidents over the span of two years. While this may not seem like a lot when compared to accidents caused by human error, there are more preventative measures that can be taken when it comes to vehicle-related causes to make them avoidable. And while winterizing your car won’t necessarily keep drivers out of any automobile accidents over the coming the months, it can help to ensure that your car runs as smoothly as possible in colder temperatures.

Of those 44,000 accidents, tires and wheels, along with brakes, were the biggest culprits in causing car crashes. Steering, suspension, transmission, and engine-related problems all accounted for a smaller percentage of the automobile accidents. All of these car parts, regardless of how many car accidents they may cause, are aspects that driver’s should pay extra attention to as the winter season is nearly in full swing. DMV.org suggests the following tips for getting your vehicle ready for winter driving.

How To Get Your Car Ready For Winter

Coolant: It is especially important to have the correct antifreeze/water mixture to prevent fluid from freezing in your radiator. Consult your vehicle's owner's manual for information on this mixture. Pick up a tester at an auto parts store and make sure the fluid is filled to the maximum line.

Oil: Some mechanics recommend switching to a thinner oil if you live where temperatures drop below freezing. Your best bet is to consult your owner's manual or talk to your mechanic.

Wiper Fluid: Often overlooked, you'll need freeze-resistant wiper fluid to keep your windshield clean and your vision clear.

Inspect or Replace Your Tires: Low air pressure and worn tires are especially dangerous on wet or slick roads, as both can reduce traction

Snow Tires: Mounting the right tires on your car or truck can give you a huge advantage when trekking through snow. Many car makers and tire manufacturers recommend changing all four tires to snow tires in the winter. If you don't swap all four, the difference between snow and summer tires can cause other problems for your vehicle.

Cold Weather & Battery Capacity: It isn't only your engine that doesn't like to start in the winter. Your battery capacity is reduced by the cold weather, too. A thorough inspection of your battery, cables, terminals, and fluid will help you make sure your car is ready for the winter.

Pack an Emergency Kit: Items to include in your winter safety kit include a flashlight, blanket, leather gloves, hat, bag of kitty litter or sand, ice scraper and brush, small shovel, safe and leak-proof container of coolant, and snacks.

This list for winterizing a car is extensive and may seem a little overwhelming, but properly maintaining your car is a part of being a car owner, and is especially important in the winter months to help avoid getting into winter weather car accidents. While no amount of preparation can guarantee your car won’t break down or that you won't be involved in a motor vehicle collision, it can help prevent things that are easily avoidable. Winterize your car, take extra precautions when driving in winter weather conditions, and be prepared for a heavy holiday traffic this winter. It may not feel like it, but winter won’t last forever, and clear, sunny driving conditions will be back soon!

Winter driving is inherently more dangerous than driving during other times of the year. With snow, sleet, and ice already complicating driving over the next few months, the last thing drivers need is an easily preventable vehicle malfunction that makes them careen into a ditch or get into a motor vehicle accident. If you get injured in a car crash this winter, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation with an experienced auto accident attorney. 

Police Pull Over Vehicle Transporting Giant Christmas Tree

Now that Thanksgiving has come and gone, our attention turns to Christmas. And kicking off the Christmas season usually means heading out and picking out the perfect Christmas tree. Chopping down the tree provides for some great photo ops, and decorating the tree often calls for Christmas music and hot chocolate. But the in between time - getting the tree home - is possibly the most crucial part of the process, but often doesn’t get as much attention. Transporting your Christmas tree safely is crucial not only to keep the tree in good shape, but also for keeping everyone on the road safe.

One driver learned the importance of Christmas tree travel safety the hard way. According to local news outlets, police in Massachusetts pulled over a vehicle that was transporting a mammoth sized Christmas tree. The tree was spilling over the roof of the vehicle, with the vast majority of the vehicle not even visible. In a now viral Facebook post that's been shared thousands of times, the local police department stated that “Sudbury PD would like to remind you to transport your Holiday trees responsibility.” The incident occurred on Route 20, about 25 miles west of Boston. It’s unclear if the driver actually received a citation, or just a warning.

The danger in transporting a large tree on top of a car should be obvious. A 7-feet tall Douglas Fir can drape over the windows and windshields, drastically limiting the driver’s visibility (if not obscuring it completely). The heavy weight could very likely be too much for the vehicle, slowing it down and disrupting the flow of the traffic. Should the tree come loose from the car, it could hit another vehicle on the road, or block the road, causing cars to try and swerve out of the way, likely causing an automobile accident. So, to safely transport your Christmas tree home, check out this recent blog post from The Michigan Law Firm, PLLC.

Picking out the family Christmas tree is a quintessential part of the holiday season. And while safely securing the tree to your vehicle may not be the highest priority or the most fun thing to be doing while celebrating the holiday, it is crucial. A poorly secured tree can not only damage the tree and/or your vehicle, but can endanger your life, the lives of everyone traveling in your vehicle, and other drivers on the road. This Christmas, you want to call your lawyer to convey well wishes, not to embarrassingly tell them you caused a car crash because your Christmas tree fell off your car and landed on top of another!

Car crashes are always devastating, but can be particularly damaging to the spirit during the holiday season. Call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation if you've been involved in a car accident. Our experienced attorneys will handle your legal woes while you focus on spending this joyous time with your loved ones.

Fiat-Chrysler Issues Ram Recall

Fiat-Chrysler has issued a recall on hundreds of thousands of pickup trucks. According to the Detroit Free Press, Ram trucks with a 6.7 liter engine manufactured between 2013 and 2017 are under recall due to a water pump issue that could potentially cause a fire. The recall affects owners of Ram 2500 and 3500 pickup trucks, as well as Ram 4500 and 5500 chassis cabs. This includes 443,712 vehicles in the United States, 46,220 vehicles in Canada, and 4,485 vehicles outside of North America. Fiat-Chrysler announced the recall on September 19, 2017.

The company is not aware of any accidents or injuries caused by the water pump problem, and is issuing the recall as a precautionary measure. According to the Fiat-Chrysler press release, “certain trucks are equipped with a water-pump bearing that, after exposure to certain conditions, may overheat and potentially cause an engine-compartment fire. Compromised water-pump function may activate a warning light in an affected vehicle’s instrument cluster." Any customers with questions can call the FCA U.S. Recall Information Center at (800) 853-1403.

Recalls can conjure up images of exploding engines and malfunctioning steering wheels, but more often than not drivers shouldn’t envision the worst case scenario. While the scariest sounding incidents are usually the ones that receive the most attention, recalls are quite common, and the number of recalls issued per year is the highest it’s been in decades. Fiat Chrysler, for example has issued a number of recalls over the last year, including one for a Jeep gear shift, that was responsible for the death of Star Trek actor Anton Yelchin. U.S. News and World Report found that in 2013 alone, 22 million vehicles were recalled, and that number has gone up. Most recalls, such as the Ram recall, are preemptive measures taken by the company. The majority of recalls are issued after a complaint has been filed by a driver (or many drivers), prompting an investigation by the National Highway Traffic Safety Association (NHTSA). A recall is then issued if they discover a problem in the manufacturing process, and the vehicle doesn’t meet federal safety standards. This sounds scary, but in reality a recall can be issued for something as small as a mislabeled sticker on a part under the hood. Some recalls are voluntary, and others are mandated by the NHTSA.

So what should you if you find yourself as the owner of a recalled vehicle? Instead of panicking, there are a number of steps you can take to in order to get your vehicle repaired and keep yourself safe from any potential recall related car accidents. Once the manufacturer has decided (or is forced) to issue a recall, they have 60 days to notify registered owners of the affected vehicles by mail. If you hear about a recall on the news (or on a law firm blog) that you think may affect your vehicle, but you never receive any correspondence from the manufacturer, you can check to see if your vehicle is affected by going to https://www.safercar.gov/ and entering the VIN number for your vehicle. If you are the owner of a used car that is under recall, according to Kelley Blue Book (KBB),  you should contact the manufacturer directly and make them aware of your contact information.

With most recalls, the manufacturer has usually engineered a solution that can be repaired relatively easily. According to U.S. News and World Report, “if the car is less than 10 years old from the date of the first purchase, the automaker must correct the problem by repairing the car, replacing the car or providing a refund for the purchase price of the car minus depreciation." If the car is older than 10 years old, you will have to pay for the repairs out of pocket. If you already had the issue repaired before the recall is announced, you may be eligible for reimbursement, but manufactures are not required to do so. Any local dealer can fix the problem, and you don’t need to take the car to get serviced at the dealer you purchased it from. It can be a frustrating process, but be patient. If it is a large recall, there will likely be a lengthy waiting list for repairs. Consumer Reports notes that the only time to really panic is if the manufacturer tells you to stop driving the vehicle. Again, this is rare, and the manufacturer should tow your car to the dealership and issue you a loaner in such an event.

Drivers are right to be concerned about recalls, no matter how small they may seem. All recalls should be taken seriously, regardless of whether or not they seem like they may lead to automobile accidents and injuries. If you find your vehicle under recall, stay calm, do your research, and proceed as necessary. In most cases, such as the Ram recall, you can continue driving your vehicle without worry. The manufacturer is looking out for driver safety, and taking the necessary precautions. That being said, it’s always better to be safe than sorry. Check if your vehicle is under a recall even if you don’t hear anything from the manufacturer, and take the necessary steps to correct the issue. More so, drivers can be proactive. If you think something is not as it should be with your vehicle, let the NHTSA know. Your input could be what it takes for an investigation to be launched and a recall announced.  

All cars, whether under recall or not, have the potential to be involved in automobile accidents. While some events may be out of the driver's control, following traffic laws and being cautious are two things drivers can do to be proactive on the road. Even so, accidents can still happen. If you have been involved in an automobile accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. 

Christmas Tree Transportation Safety Tips

Once Thanksgiving has come and gone, many of us set our sights on finding the perfect Christmas tree. It has to be just the right size and shape, fit in the front window perfectly, and the lights and ornaments need to be distributed just so. But whether or not you get your tree from a local lot, or head out to a farm to cut one down yourself, we all need to get those trees back to our houses somehow. While seeing cars on the highway with a Christmas tree secured on top is a quintessential sign that the holiday is approaching, it’s incredibly important to ensure that the tree is secured properly not only for the tree’s sake, but for the safety of you, your family, and other people on the road.

While there aren’t really statistics that tell us exactly how many car collisions have been caused by rogue Christmas trees falling off of the tops of cars, having any sort object come lose from a car traveling at any speed is undoubtedly dangerous. According to the National Highway Traffic Safety Administration (NHTSA), 52,000 of all automobile accidents that took place between 2005 and 2007 were due to environmental factors. Of those crashes, 50% were due to road conditions, such as debris on the road, and 11% were due to obstruction of the driver's view. A Christmas tree that is not secured properly can slide down the roof, blocking the windshield and obstructing the driver’s view. Should the tree come off the roof completely, the tree can slide down the car obstructing the driver's view, fall on to another car, or fall in the road causing drivers to swerve their vehicles to try and avoid hitting the tree, which are all outcomes that can cause a car crash. As such, Cars.com, in partnership with the National Christmas Tree Association, suggests the following tips for properly securing your Christmas tree to your vehicle.

Christmas Tree Transportation Safety Tips

  • Get your Christmas tree netted before leaving the lot to make it more manageable. If it's going on the roof, the trunk should be facing the front. Both will help reduce wind damage to the foliage.

  • Make sure to select a tree that will either fit inside your cargo area or, if you have a roof rack, on top of your roof properly. Also ensure that you have enough rope or cord to wrap around the tree and secure it to the roof rack or to cargo hooks.

  • Place a tarp or blanket over the cargo area to protect the interior from loose needles. If you're going to place the tree on the roof, place a tarp, plastic sheet or blanket between the tree and the rack to protect the roof from scratches.

  • If you are transporting a tree in the back of a pickup truck, keep in mind that there could be hot spots in the bed—from the exhaust pipe, for example. This can damage the tree's foliage, so put something under it like an old blanket.

  • Before leaving the lot, give the tree a good tug to make sure it's secure.

  • Drive slowly and avoid the highway, especially if you're not used to hauling heavy objects on your roof. They affect your vehicle's center of gravity and consequently emergency handling.

Following these tips can’t guarantee that your tree will stay put, but they can help decrease the likelihood of losing your tree in transit. Some car collisions, such as those caused by winter weather conditions, may be out of your control. However, by taking time to tightly secure your Christmas tree to your vehicle is something you can be responsible for. While automobile accidents caused by Christmas trees may sound far fetched, it’s undeniable that having such a large object come loose on the freeway would be incredibly dangerous. Taking a few extra minutes to really secure your tree will not only keep you, your family, and other drivers safer, but may also save you an embarrassing phone call to your attorney about how you were involved in an accident with the family tree.   

The holidays are a joyous time of year, but hauling Christmas trees, winter weather, and holiday road trip traffic can all lead to car accidents. If you or a loved one have been involved in an automobile accident this holiday season, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. Let our experienced accident attorneys put you at ease while you enjoy the season's festivities. 

Michigan Woman Dies After Car Is Struck By Deer

A Michigan woman died after her car was struck by a deer. According to the Detroit Free Press, forty-nine year old Susan Fries, of Ada Township died on the evening of November 20, 2017. Ms. Fries was not the only one involved in the deer car crash as a 23-year old driver, traveling in the opposite direction, hit the deer first. Due to this impact, the animal then flew through the air and broke through Fries’ windshield. The accident took place in Cascade Township, in western Michigan. The driver of the other vehicle was from Lowell, Michigan, and was not injured.

Fall and winter months are deer mating season, making the odds of being involved in a deer car crash much, much higher at this time of year than any other time. More specifically, according to the Detroit Free Press, mating season for deer is October through December, which can more than double a driver's chance of hitting a deer. According to data released by the Michigan Office of Highway Safety Planning (MOHSP), deer car accidents make up 13.9% of all car crashes in October and 19.1% of all car crashes in November. For the other 9 months of the year, deer car crashes only make up between 4% and 10% of all car crashes. In 2016, 42.6% of deer-related car collisions occurred between October and December. The majority (57%) of deer-related car crashes occur at nighttime on unlit roads. According to Mlive, 75% of deer-related motor vehicle accidents that occurred in 2015 happened on a country road where the posted speed limit is 55 MPH. The MOHSP also found that Oakland County had the most deer car crashes by far in the state of Michigan in 2016, with Lapeer and Jackson Counties coming in second. 

Due to the large number of deer car accidents, according to Slate, white-tailed deer could be considered the deadliest animals in North America, causing about 1.25 million car accidents and resulting in 150 fatalities. There are now 30 million deer in America, nearly 100 times more than there were in the early 1900s. In Michigan alone, there are there 1.75 million deer according to Mlive! 

While deer jumping out into the road causes the initial car accident, deer car accidents can be more dangerous because there can be a ripple effect. Drivers passing by often take their eyes off the road to look at the car accident, the deer, or other creatures such as vultures or coyotes who have joined the scene, causing them to become distracted from the road and potentially risk becoming involved in a car crash themselves. Lori Conarton, chairwoman of the Michigan Deer Crash Coalition, told Mlive that, “vehicle-deer crashes in Michigan are expensive, causing at least $130 million in damage annually." The Michigan State Police provide the following tips for avoiding deer motor vehicle accidents, as well as what to do should you find yourself involved in such a car crash.

Deer car crashes are unpredictable, and usually happen in a split-second, leaving little time for the driver to react. While deer car crashes are likely something that we will never be able to avoid completely, following these tips may help keep drivers safer. Drivers can’t predict when a deer car accident will happen, but by being mindful of where they are driving, how well lit the road is, and what time of year it is, drivers can be more prepared in the instance of a deer car collison.

While deer accidents may be more prevalent during fall and winter months, the truth is that car collisions can happen anytime of year. If you are involved in an automobile accident in which you have been hit by or have stuck an animal such as a deer, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. Let us handle the legal matters while you focus on recovering from your injuries. 

Investigations Launched After Michigan Cop Is Not Penalized For Drunk Driving

An off-duty Michigan police officer was caught drunk driving, and now he and the officer who stopped him are both facing repercussions. 

According to the Detroit Free Press, early on November 9, 2017, at approximately 12:30 AM, an off-duty Roseville police officer was stopped for attempting to travel south in northbound traffic on Woodward Ave. The Roseville officer was pulled over by a Ferndale officer, and while the Roseville officer allegedly appeared to be drunk, he was not given a breathalyzer, nor was he ticketed or arrested. Instead, the Ferndale officer called his supervisor, and was told to drive the Roseville officer, as well as his passenger, back to the station in Ferndale. Once at the Ferndale station, a Ferndale lieutenant drove the Roseville officer and his passenger home.

Many view this as a case of special treatment-since the drunk driver was a cop, and was not breathalyzed, ticketed, or arrested. Instead, his transgressions were ignored and he was given a ride home. As a result, WXYZ Detroit reported that both Roseville and Ferndale police departments launched internal investigations into the incident on November 17, 2017. More so, the Ferndale Police Department submitted the incident to the city attorney for possible criminal charges. The Roseville officer, should he be charged, would be facing an Operating While Intoxicated (OWI) charge. The Roseville officer is currently suspended without pay, and the names of the officers involved are being withheld as the investigation is ongoing.

The Ferndale police department says that some discretion is always involved whenever a driver is pulled over, and that not all drunk drivers are ticketed or arrested. Ferndale Police Chief Collins said in a statement that, “our jobs are complex and we trust our people to use sound judgment. When somebody makes a call that is unsafe or not indicative of the department’s values and operations, we take that seriously and we act accordingly.”

The Roseville police department will be undergoing a drunk driving education program. Roseville Police Chief Berlin said in a statement, “in this day in age for anyone to drive drunk surprises me; there is a whole list of options to get home like Uber and Lyft. As a police officer you know the consequences. The lack of judgment surprised me."

According to the Centers for Disease Control and Prevention, 2,912 people were killed by a drunk driver between 2003 and 2012 in the state of Michigan. Michigan legislature states that it is illegal to drive while intoxicated, or impaired, by alcohol, illegal drugs, and some prescribed medication, and with a bodily alcohol content of 0.08 or more.

Roseville Police Chief Berlin is right-there are plenty of alternatives to drunk driving. By using a ridesharing app like Uber or Lyft, prearranging a designated driver, using public transportation, or calling a taxi, or having any way of getting home that doesn’t involve a drunk person getting behind the wheel, is the best way to avoid getting into a drunk driving car accident. Drunk driving is never OK, and no one should be able to avoid the consequences of committing such an avoidable crime. Drunk driving is a danger to every car and person on the road.

Drunk driving can not only lead to extremely dangerous car accidents, but is also illegal. If you or a loved one have been involved in a drunk driving car crash, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal cosultation.

Shoppers Should Prepare For Black Friday Traffic

Black Friday. We’ve all seen the videos of massive crowds outside of a Walmart, people trampling over safety barricades at Target, and getting into fistfights over flat screen TVs at Best Buy. While consumer greed and violence are as closely associated with Black Friday as turkey is with Thanksgiving, something that often gets overlooked is Black Friday traffic. After all, those hordes of people storming the doors of the local mall had to get there somehow, right?

Thanksgiving traffic is bad all week and Black Friday is no exception. According to data collected by Google, eager shoppers actually begin their drives to malls across the country on Thanksgiving evening. Traffic starts to pick up at around 4 PM on Thursday, with the number of drives over the course of Thursday evening being 5 times higher than a normal Thursday in November. Waze, a navigation app created by Google, found similar data. Users of the Waze app saw traffic peak throughout Thursday evening, drop off slightly overnight, and pick up again early Friday afternoon. Waze reports that traffic is at it’s worst on Friday between noon and 3 PM. Similarly, Time reports that traffic between 12 AM and 2 PM on Black Friday is significantly higher than traffic on an average November day. More drivers on the road than usual, coupled with the fact that they’re anxious to get to the store quickly and could be driving in an unfamiliar area, means that car accidents can happen. Drivers need to be alert and follow the rules of the road to avoid being involved in Black Friday traffic car crashes.

So where exactly is everyone going on Friday? In general, Waze found that people are most often searching for electronics stores, outlet malls, and Christmas tree farms. Unsurprisingly, they also found that the most searched for navigation destination on Black Friday in 2015 was Walmart. The app saw an 85% increase in the number of searches for Walmart as compared to other Fridays in November. Other department stores that were frequently searched for include Costco, Kohls, Macy’s, and Target.  For clothes, drivers were searching the most for Burlington Coat Factory, Marshalls, Old Navy, Ross, and TJ Maxx. When it comes to home decor, drivers were most interested in finding Bed Bath and Beyond, Homegoods, Ikea, Lowes, and Home Depot. If your Black Friday plans include any of those destinations, know that the roads are going to be unavoidably congested with shoppers looking for good deals. It also means that if you wait to go Black Friday shopping until Friday afternoon, the store shelves could likely be empty when you get there.

While Thanksgiving brings bountiful feasts and plenty of leftovers, Waze also found that searches for restaurants see a drastic increase on Black Friday as well. Mcdonald’s, Chick-Fil-A, Panera Bread, In-N-Out, and Chipotle were the most searched for restaurants on Black Friday in 2015. In Detroit specifically, the most searched for term on Black Friday was “hamburgers.” If your Black Friday deal hunting makes you hungry, your best bet for hitting a restaurant is between 2 PM and 3 PM, so as to avoid lunch and dinner traffic.

A huge increase in the number of cars on the road unfortunately means there may be an increase in the number of motor vehicle accidents as well. According to Time, there are 34% more automobile accidents on Black Friday as compared to the number of accidents in the two weeks before and after. The majority of those accidents were backing or parking related, which is not surprising considering how many people are trying to get in and out of parking lots on Black Friday. On the road, drivers are likely in a hurry to get to their destination, and could be making poor driving choices as a result. While no one likes sitting in traffic (especially when a great sale is on the line) drivers should know that bad traffic is something they need to expect when it comes to Black Friday shopping.

But there is a chance that all of that could change, however, thanks of course to the internet. A report from the Chicago Tribune found that over Thanksgiving weekend in 2016, there was a significant increase in the number of people who stayed home on Black Friday, and did all of their shopping online. The National Retail Federation found that “109 million people shopped from their computers and mobile devices from Thanksgiving Day through Sunday, while about 99 million hit the sales in brick-and-mortar stores.” The year before, the numbers were more evenly split, with 103 million people shopping online and 102 million in stores. The internet has already changed much of how we live our lives, and maybe soon we will be able to thank it for saving us from Black Friday traffic.

Everyone loves a great sale and being able to knock out some holiday shopping early. And while the crowds inside the store are one thing, the crowds getting to the store are quite another. If you plan on going Black Friday shopping, traffic should be a part of that plan. Roads, especially near malls and shopping centers, are going to be congested. You probably can’t do anything to change how much traffic there will be, but you can be responsible for planning for it. Know that your drive to Target is probably going to take longer than it does on a normal day, and build that time into your schedule accordingly. When you’re on the road, don’t let your frustration with traffic and desire for a great deal on an iPad result in dangerous driving behavior. In the parking lot, check and double check that your path is clear when pulling into and backing out of parking spots, and espescially be on the lookout for pedestrians and shopping carts. There is no Black Friday sale that is worth risking your life, the lives of those you are traveling with, and the lives of other people on the road.

Don't let your desire for a good sale get the best of you this Black Friday. With so many drivers on the road, traffic will be bad and car collisions can happen. If you or a loved one are injured in an automobile accident this Black Friday, or any other day of the year, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. 

Drivers Should Be Prepared for Heavy Thanksgiving Traffic

Thanksgiving is here, and for many of us, that means overeating, watching football, and leftover turkey sandwiches for weeks. It also means that many of us will be piling in the car and hitting the highway in order to do so. Thanksgiving, and the days surrounding it, are some of the busiest travel days of the year, with millions of Americans traveling to see loved ones.

Thanksgiving weekend is generally considered to include Wednesday evening, and all day Thursday, Friday, Saturday, and Sunday, with some resources including Tuesday afternoon as well. According to the United States Department of Transportation (USDOT), the number of long distance trips during this time period increases by 54% as compared to the average number of long distance trips the rest of the year. While TV news reports are often focused on long airport security lines and flight delays, USDOT reports that 91% of long distance holiday travel is by vehicle. They also note that the average long distance Thanksgiving trip is 214 miles, with about half of all travelers completing their trip within the same day, and not spending any nights away. Over Thanksgiving weekend, 53% of long distance trips are to visit friends and family, whereas this only accounts for about 24% of long distance trips during the rest of the year.

According to Travel and Leisure, an estimated 41,900,000 people piled into their cars over Thanksgiving weekend in 2015. With that many people on the road, traffic is going to bad. The Wednesday before Thanksgiving and the Saturday after are when the roads are at their worst, but roads are more congested than usual for the whole weekend. Time reports that roads start seeing an increase in traffic at about 1:00 PM on Tuesday, with gridlock setting in from 4:00 PM to 8:00 PM. Heavy traffic returns on Wednesday morning at around 11:00 AM, and stays that way all day, with 2:00 PM to 7:00 PM being the worst of it. When coming home after the holiday, traffic is up to 60% worse on Saturday than it is on Sunday. If you’re able to complete your trip in one day, Thursday is the day to do it. Traffic on Thanksgiving day mimics weekend traffic patterns, meaning if you leave in the morning or evening (avoiding mid-day) you shouldn’t see too much slow down.

Detroiters should be warned that they likely won’t be able to avoid traffic this Thanksgiving, as Northbound US 23 and Northbound I-75 Merge in Detroit rank #9 on ABC News’ list of America’s Top 10 Most Congested Roads. They say that “this stretch of road near Flint, Mich., attracts people fleeing to the beautiful northern Michigan forests for turkey and fun. Cabin owners, resort seekers and deer hunters flock north from Detroit, Indiana, Ohio and even Chicago.”

Unsurprisingly, data giant Google has been collecting information via their Maps app about our Thanksgiving travel habits. Google reports that “ham shop”, “pie shop”, and “liquor shop” are the most searched for terms on Maps on Wednesday, as people do last minute cooking or need to pick up a hostess gift. Likely a result of cooking mishaps in years past, “buffet restaurants” are what’s most searched for the most on Thanksgiving day. On Black Friday, Americans are searching for “electronics store”, “outlet mall”, and “Christmas tree farm” the most. In Detroit, however, the most searched for item on Black Friday is “hamburgers”.

So many people traveling over a certain time period unfortunately means that accidents are going to happen. According to the National Safety Council, there were 391 traffic fatalities during the Thanksgiving period in 2016. This accounted for 12.84% of all traffic deaths during November of 2016. That number is up from 301 deaths over the same time period in 2015, according to the National Highway Traffic Safety Administration (NHTSA). The NHTSA notes that 50% of the people who died in automobile accidents over Thanksgiving in 2015 were not wearing seat belts. National Safety Council has the following tips for how drivers can be safe and prepared when traveling over the holiday.

 While following these tips can’t guarantee you won’t be in any accidents this Thanksgiving, it could help reduce the likelihood. Heavy traffic doesn’t mean you shouldn’t travel over the holiday, but it does mean you should be prepared and know how it will affect your travel plans. Check traffic and weather before you leave, and know that your route will likely take longer than it does on a normal day. Try and stay calm when you’re stuck in traffic, and know that everyone else is likely just as frustrated as you are. And of course, making good choices like wearing a seat belt and not getting behind the wheel while drunk are behaviors that should be practiced year round.

While Thanksgiving leads to hugely heavy traffic, car collisions happen anytime of year. If you or a loved one have been involved in an automobile accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. 
 

Hyundai Launches Online Car Shopping Program

Between Amazon Prime, Postmates, and a number of other online retailers with quick delivery times, almost anything can be purchased online and arrive at your doorstep in as little as an hour. Now Hyundai is trying to get in on the massive online retail business by introducing a car shopping program that allows drivers to purchase a car online just like they order home goods from Target or food from Blue Apron.

According to Edmunds, the Hyundai Shopper Assistance Program is a retail program in the U.S. that allows drivers to online shop for vehicles. Launched on October 10, 2017, the program claims to offer transparent pricing, flexible test drives, a streamlined purchase process, and a three day money-back guarantee. The program is currently only available in Miami, Orlando, Dallas, and Houston, but the company plans on making it available nationwide by early 2018.

As part of the program, participating dealer websites will post vehicle specific pricing so customers know the exact price of the make and model they are interested in. Hyundai says this “not only makes it easier to shop and compare” but will allow the driver to make “faster better-informed decisions.” They can then schedule a test drive on their phone, either online or through an app. The test drive can even begin at their home, with a representative from the dealer bringing the vehicle to the driver’s house. The car manufacturer says that “this can be especially convenient for parents at home with children, as well as those who would prefer their test drive on familiar roads.”

Hyundai is the first mass-market car brand to enter the world of online shopping. The brand says they know “buying a new car hasn't always been as smooth a process as we'd all like. We hear you. So we're happy to introduce Hyundai Shopper Assurance.” Consumer Reports notes that Hyundai knows people don’t like going to the dealership, so they’re trying to eliminate that aspect of the car buying experience.

In addition to pricing and scheduling test drives being available online, the program also offers the ability to apply for financing, get credit approval, figure out payment plans, and value trade-ins online as well. The hope is that consumers will be more likely to purchase a vehicle if they don’t have to spend large amounts of time at the dealership. The program also allows customers to return their vehicles within three days of purchase (as long as it has less than 300 miles and passes a dealer inspection). According to Dean Evans, chief marketing officer for Hyundai Motor America, “for nearly a decade, the word 'Assurance' has been synonymous with Hyundai and represents our efforts in redefining the car ownership experience. Shopper Assurance is the next step in that tradition and is car buying made simple.”

Online shopping is clearly a very popular means of making a purchase, and car dealerships are largely unpopular. Hyundai is smart for realizing this, and allowing their customers the ability to purchase a vehicle from the comfort of their own home. As the program rolls out into more and more cities, we will see if customers like online car shopping, or if they miss being able to see all of the dealer’s vehicles in the flesh. If the program is popular, it is likely we’ll be seeing more and more automobile manufacturers offering online shopping programs too.  

Car accidents can still happen no matter how much time and effort you put into researching and purchasing a vehicle. If you have been involved in an automobile accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation with an experienced auto accident attorney today. 

10 Year Old Takes Mom's Car for a Joyride

A kid stealing a car and speeding around town and on the highway may seem like something out of an action movie or a video game, but a very real joyride happened just south of the Michigan border last month. According to USA Today, on October 26, 2017, a 10-year old from northern Ohio lead police from multiple departments as well as state highway troopers on a high speed chase through his town and eventually onto the Ohio Turnpike in a stolen vehicle.

The boy had stolen his mom’s 2004 Toyota Avalon, and began driving it through his neighborhood in Westlake, Ohio. A police officer saw the boy go speeding by at around 9:30 AM, and was being chased by another vehicle that was driven by the boy’s mother. Police were also tipped off to the joyride by two 911 calls. One caller reported the vehicle swerving in and out of lanes and running other vehicles off the road. A second caller said the boy appeared to be traveling at speeds of 90 mph or higher.

Two other police vehicles began chasing the boy, following him for about 15 miles. They tried to stop him from entering the interstate, but failed. Once he entered the interstate, he drove through a toll both on the Ohio Turnpike, at which point 4 other police vehicles joined the chase. The police vehicles formed a moving road block, in order to the slow the boy down, who at the point was reaching speeds of 100 MPH. The chase on the interstate lasted about 20 miles, before the boy eventually pulled over into a grassy area. A police vehicle gently bumped up against the boy’s vehicle in order to prevent him from reentering the highway. Reportedly, police motioned to the boy to pull over several times, which he responded to by shaking his head no. Luckily, no was injured in the chase.

WKYC reported that once the boy finally pulled over, he was taken first to a hospital, and then placed in the custody of Erie County Children’s Services. The boy was reportedly very combative with police, kicking and spitting at officers once he had pulled over. Remarkably, this is the second time in only two weeks that he has taken one of his parent’s cars for a joyride. On October 16, 2017, he stole a Dodge Charger and lead police on a very similar chase. Currently, police are speaking with the Erie County Prosecutor’s Office about criminal charges.  

The boy is not the only one who could be facing criminal charges. While laws vary by state, the boy’s parents could be held responsible for his actions to some degree. If this situation took place in Michigan, according to Michigan law, the parent only faces criminal charges if they were involved in a child’s “bad act,” or if they had knowledge the child was planning to commit a bad act. In 2003, the Michigan Court of Appeals ruled “parents may be held liable for failing to exercise the control necessary to prevent their children from intentionally harming others if they know or have reason to know of the necessity and opportunity for doing so.” More so, parents of a child who commits a crime may have to pay for any damages they caused if they child is unable to pay for them.

Joyrides such as this one may sound far fetched, but they do need to be taken seriously. While statistics on underage kids taking cars for joyrides are unavailable, it only takes a quick Google search to know that they do happen, and that they can be extremely dangerous. Parents need to ensure that their car keys are never left out in the open for children to take, as well as make sure their kids know how dangerous it is for them to operate a car. It may sound like something that could never happen to you or your child, but cars are fancy, secretive objects that can be very appealing for a child to try and get their hands on. Once behind the wheel however, a child's lack of experience in driving, a lack of education in road rules, and shorter stature may lead to the child causing a car accident. 

A child speeding down the highway is never something a driver expects to see, much less knows how to respond to. Highways are dangerous enough for the most seasoned driver, and having a child driver only increases the risk of a car crash happening. If you have been involved in an automobile accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation.