Rollover Car Accident Kills 2 Students

Every day, thousands of people are involved in car accidents. Some of those car accidents can result in rollovers. According to the NHTSA, more than 15,000 car crashes happen each day in the United States and of those accidents, 7,000 resulted in rollovers. The NHTSA splits rollover car accidents into two categories: tripped or untripped. “A tripped rollover event occurs when a vehicle runs off the road and is tripped by a ditch, soft soil, a curb or other objects causing a vehicle to roll over. An untripped rollover event happens when the tire/road interface friction is the only external force acting on a vehicle, thereby inducing it to roll over.”

According to the NHTSA, there are six main factors that cause rollover accidents:

6 Factors That Cause Rollover Car Accidents

1. VEHICLE TYPE - All types of vehicles can rollover. However, taller, narrower vehicles such as SUVs, pickups, and vans have higher centers of gravity, and thus are more susceptible to rollover if involved in a single-vehicle crash.

2. SPEED - Fatal rollover crashes are speed-related more often than fatal non-rollover crashes. Some 40% of fatal rollover crashes involved excessive speeding . Additionally, nearly ¾ of fatal rollovers took place where the posted speed limit was 55 miles per hour or higher.

3. ALCOHOL - Nearly half of all fatal rollover crashes involve alcohol . Impairment can result from any blood alcohol concentration (BAC) above .00 . Even a small amount of alcohol will negatively affect your judgment, muscular coordination, and vision, making you more likely to lose control of your vehicle.

4. LOCATION - Rural roads tend to be undivided and without barriers. They are thus more likely to be the scene of a fatal rollover. Almost ¾ of fatal rollovers occur in rural areas where the posted speed limit is typically 55 miles per hour or higher.

5. ROUTINE DRIVING - NHTSA data also suggest that over 90% of the vehicles in fatal, single-vehicle rollover crashes were involved in routine driving maneuvers (going straight or negotiating a curve) at the time of the crash. This further suggests that driver behavior (distraction, inattentiveness, speeding, and impaired driving) plays a significant role in rollover crashes.

6. SINGLE-VEHICLE CRASHES - NHTSA data show that nearly 85% of all rollover-related fatalities are the result of single-vehicle crashes. This means that the majority of rollover crashes and fatalities do not involve any other vehicle besides the one that rolled over, further suggesting that driver behavior plays a significant role in rollover crashes.

All of these are factors in rollovers, but sometimes the cause for a rollover accident is unknown. One example of an unknown cause of a rollover accident is the the story of  2 16-year-old girls, Darian Locklear and Julianna Ward-Brown. According to the Detroit Free Press, the girls were driving down I-94 near Williamston, Michigan, to their evening hockey practice when they lost control of the car and hit a tree in the median. The vehicle rolled and hit another tree. Police reported that they didn't have a cause for the accident and are still investigating the accident.

There are many different causes of rollover car accidents and now car companies are helping to reduce the chance of a fatal rollovers. Jeep has created a product that helps keep the car in tact in case of a rollover. It's called a Roll Cage and can be bought and installed to any Jeep. The Roll Cage is installed on the roof of Jeeps to help in the case of a rollover accident. It prevents the car from rolling and if the car does roll the passengers inside the vehicle have a lower chance of getting injured. These Roll Cages are a small step in the right direction to help create safer vehicles for people to drive. 

Accidents of all kind are very scary. It can happen and any moment to anybody. An important thing to remember is to always make sure you are driving safely and within the speed limit with all your attention on the road. A small distraction can have a big consequence. If you or someone you know has been in an accident call  call The Michigan Law Firm, PC at 844.4MI.FIRM for a free legal consultation. 

Don't Groom And Drive!

With only 24 hours in a day and a majority of those hours being spent on work or sleep, there isn’t much time left to spend on yourself, doing leisurely activities, running a few errands, and checking a few things off your to-do list. Grooming is a good example of a time consuming personal care task that people are finding they don’t have time for. So, to squeeze into morning routines while also taking advantage of rush hour, many people are grooming themselves while driving!

Applying a little lipstick or making a few fixes to your hair couldn’t possibly be a bad idea, right? Well, it is in fact a bad thing! Grooming while driving is part of a bigger issue known as distracted driving. 3,477 people were killed and 391,000 people were injured because of distracted driving in 2015, according to the National Highway Traffic Safety Administration.

When people hear of distracted driving, they automatically think about texting and driving. While cell phone usage majorly contributes to distracted driving, it’s not the only factor. Applying makeup while driving is something that a lot of people do often. According to a recent study, around 1 out of 5 of female motorists have admitted to putting on makeup while driving, and nearly 500,000 car crashes are caused by women putting on makeup! 

Looking away from the road while driving for even a few seconds is enough time for a car accident to happen. Whether it’s putting on makeup or fixing your hair, distracted driving is 100% preventable! The Auto Alliance’s DecidetoDrive.org gives a few tips to help drivers prevent themselves from engaging in distracted driving.

Tips To Help Drivers Avoid Distracted Driving

  • Plan ahead. Poor planning is often the catalyst for driving and grooming incidents. Rather than placing your life and the lives of others at risk, plan ahead and give yourself plenty of time to perform grooming routines before you leave the house.

  • Keep grooming items out of reach. If you take grooming items with you, make sure they are well out of reach. For example, instead of leaving brushes or makeup on the passenger seat, secure them in the trunk or in the back seat so you won’t be tempted to use them when you are operating the vehicle.

  • Pull over, if necessary. If you can’t wait to take care of a grooming need while you are traveling, pull over to the side of the road. The few extra minutes it will add to your commute are a small price to pay for highway safety.

  • The most important tip to avoid grooming while driving? Keep your eyes on the wheel and hands on the road at all times.

  • For additional tips, we encourage you to take a look at Decide to Drive’s “Wreck-less Checklist”—a handy guide with advice about how to avoid a range of distracted driving behaviors.

In a recent study, the NHTSA examined all of the activities that people engage in while driving and 8% of people admitted to grooming while driving. It’s important to note that women applying makeup aren’t the only groomers who are distractedly driving. Men and women have both been known to shave while driving and even brush their teeth! Grooming while driving sounds silly but is understandable because everyone wants to look good, especially when they’re about to meet other people! What is not understandable however, is continuing to groom while driving after realizing how many distracted driving car accidents have occurred due to this. Since April is Distracted Driving Awareness month, hopefully people will now take the time to gargle mouthwash and comb their hair at home, in a parked car, or on the side of the road, instead of while operating a motor vehicle!

Distracted driving is 100% preventable and 100% likely to get distracted drivers into legal trouble if their distracted driving behavior causes a car accident. Legal trouble aside, distracted driving car accidents can also lead to serious injuries and even death. Not only does distracted driving risk the life of the distracted driver but also everyone else on the road. If you or someone you know has been the victim of a distracted driving car crash, call The Michigan Law Firm, PC at 844.4MI.FIRM, for a free legal consultation with a car accident attorney.

Distracted Driving Kills! Don't Text And Drive!

In 2018, not a day goes by that we don’t use technology. With the cars we drive, the phones we use, the watches on our wrist, technology seems to be in the air we breathe! Add on using the newest filters on Snapchat and Instagram, to sending text messages or answering phone calls, and technology can become extremely dangerous for drivers. The National Highway Traffic Safety Administration (NHTSA) reports that approximately 660,000 people are using their cell phones while driving, daily! And, a National Highway Traffic Safety Administration (NHTSA) report from 2015 found that, “there were 3,477 people killed and an estimated additional 391,000 injured in motor vehicle crashes involving distracted drivers.”

That is why readers should know that April is Distracted Driving Awareness Month! It’s important for drivers everywhere to be reminded about the serious dangers that distracted driving poses, because, the kicker is that all distracted driving car accidents and distracted driving accident fatalities are completely preventable! The National Safety Council (NSC) warns us that, “Each death is 100% preventable. From cell phones to dashboard infotainment systems to evolving voice command features – all pose a threat to our safety. Just one second of your attention is all takes to change a life forever.”

Cell phones are the number one suspect that comes to mind when thinking of distracted driving car accidents. In particular texting and driving is a big cause of distracted driving car accidents. In 2015, a survey of Michigan drivers found that 41% of young adults between the ages of 20-30 have admitted to texting and driving on a regular basis! 26% even admitted to texting and driving on a daily basis! Coincidentally, the State of Michigan reported that, “There were 7,516 crashes in Michigan during 2015 involving distracted driving, resulting in 28 fatalities and 3,472 injuries. Cell phones were involved in 753 crashes, with three fatalities and 377 injuries."  

No matter the distracting device however, whether it be cell phones, headphones, or smartwatches, any electronic device can impair driving. It might not seem like a big deal to see if you received a text message or a news update when your phone pings, after all, you’re just seeing what type of notification it is and don’t plan to read the text or the news blurb. However, engaging in such a seemingly harmless distraction while driving can lead to a car crash. In fact, the NHTSA says that looking down at a phone for five seconds driving at 55mph is like driving the length of a football field, blindfolded!

Unfortunately distracted driving isn’t just caused by using electronic devices. Changing the radio station because Nickelback is playing, driving with one hand on the wheel and one hand carrying a Big Mac to your mouth, or quickly reaching over to pick up Elmo after your kid dropped him, can all be distracted driving actions that can lead to serious car accidents. While these types of distracted driving habits have always existed, distracted driving has evolved in the age of social media. It’s not just about calling or texting someone while driving, but about applying the cutest camera filter for a behind-the-wheel selfie, or even checking Twitter to see what’s trending, or going on Facebook to see how many likes a post has gotten. 

The number of distracted driving car accidents and distracted driving fatalities are scary enough to make people want to throw their phone out of a car window, but that’s not practical. Our society can no longer function without the easy communication and quick internet access cell phones provide us. Many people even see cell phones as an extension of their body, like another limb even. Therefore, it’s unreasonable to tell people to leave their phones at home when they plan to drive. Rather than facing that horrifying ultimatum, the public should be made aware of less drastic ways to prevent distracted driving. For example, some tech companies have invented apps, and even programs in their operating systems to prevent distracted driving car accidents. As previously reported by The Michigan Law Firm, PC, apps like Groove, and phone lock out programs like Apple’s Do Not Disturb While Driving mode, help prevent distracted driving car accidents.

Some organizations like AT&T have launched sponsorships like the It Can Wait pledge, to end distracted driving. With over 24 million pledges to stop distracted driving, It Can Wait has become one of the most popular anti-distracted driving organizations. It Can Wait has even created a virtual reality simulator that allows users to experience the dangers of texting and driving and shows how using a cell phone while driving truly impacts ones vision. It Can Wait also wants their users to take the pledge today, to stand up to distracted driving, and to become an activist who says ‘No’ to using a distracting device like a cell phone, to prevent car accidents, and to save lives. The organization, as previously reported by The Michigan Law Firm, also launched their DriveMode application that helps minimize cell phone distractions while driving. 

Distracted driving car crashes happen daily due to texting and driving, eating and driving, taking pictures and driving, and from engaging in any activity that causes drivers to not pay 100% attention to the road. If you or anyone you know has been involved in a car crash caused by a distracted driver, call The Michigan Law Firm, PC at 844.4MI.FIRM. Our experienced accident attorneys offer free consultations to victims of car accidents.

How To Handle A Dog Bite!

Today is National Pet Day! So pet lovers will be spending the day cuddling their cats, feeding lettuce to their turtle, watching TV with their gold fish, and most commonly, head head to the park with their dogs! Dogs are man’s best friend, which is proven by the fact that according to the American Veterinary Medical Foundation (AVMA), there are about 70 million dogs living in U.S. households. Since this is such a large number of dogs, it’s not hard to believe that there must also be a large number of dog bites in the US. In fact, more than 4.5 million people in the U.S. are bitten by dogs every year, and 1 in 5 people require medical attention after being bitten. As The Michigan Law Firm, PC blog informed readers the other day, family dogs and stray dogs are equally likely to attack, if provoked.

However, just because a person doesn’t provoke a dog doesn’t mean that a dog won't approach the person. Let’s say you’re hanging out in your backyard all by yourself, when all of a sudden a huge, growling dog jumps over the fence and into your yard. You didn’t invite it in! The dog didn’t ring the doorbell and bring you a casserole! You don’t want to make a sudden move and anger the dog into attacking you and you don’t see the dog’s owner anywhere! Or may it’s a stray, it's mouth is foaming after all! You’re cornered with nowhere to go, so you slowly try to reach into your pocket for your phone, in order to call for help. But it’s too late! Your subtle movement was enough to threaten the dog and before you know it, you’re on your back, putting your arms up to defend your body from the 70 lb beast trying to maul you.  You kick out in self defense and manage to shove the dog off of you and you use the momentum to your advantage and run inside your house and lock the door. As you lean against the door, catching your breath after Cujo's attack, a searing pain rips through your arm. You’ve been bitten.

So, what should a person who was involved in a dog attack accident do in the event that they experience a dog bite? Well, the AMVA gives the following post-dog bite advice:

What To Do After A Dog Bite

  • If the dog's owner is present, request proof of rabies vaccination, and get the owner's name and contact information.

  • Clean bite wound with soap and water as soon as possible.

  • Consult your doctor immediately or go to the emergency room if it's after office hours.

  • Contact the dog's veterinarian to check vaccination records.

Even seemingly harmless nibbles that break the skin should be taken seriously to prevent a dog bite injury from worsening, especially if it’s a stray of a dog you don’t have the medical history of. And in the case of a larger or deeper bite, Dr. Amy Flowers, DVM says it is possible that there could be damage to muscles, tendons, or nerves. If the bite is deep enough dog bite victims may need stitches to close the wound. Dog bite injuries that are swollen, red, or warm to the touch indicate signs of infection and should be brought to a doctor’s attention. If the dog bite injury is serious enough, it may even require surgery. Dog bite surgery may sound like an exaggeration to some, but The American Society of Plastic Surgery reported that nearly 29,000 reconstructive procedures were performed in 2016, to repair dog bite injuries.

Everyone should also remember that not all dog bite injuries are caused by interactions with stray dogs. According to the AVMA, 36.5% of households have at least 1 dog, and people with 2 dogs in the household are more likely to be bitten. Even if a dog is your best friend and very well trained, dogs are still animals and they can still bite, in certain situations. While the AMVA’s tips on how to prevent dog bites are useful to avoid facing a dog bite injury, sometimes dog attacks can’t be avoided. Therefore it’s best to have the knowledge of how to treat a dog bite in your pocket. 

With over 70 million dogs in the United States, there is a high chance of people getting into dog bite accidents. Medical expenses aren’t the only cost rising out of a dog bite, since according to the AMVA, dog bites accounted for one third of homeowners liability claims, in the last year! If you have been bitten by a dog and are unsure what the next legal step is, contact The Michigan Law Firm, PC. Call 844.4MI.FIRM for a free legal consultation to personally meet with a dog bite attorney.

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.

The Effects Of Car Accidents On Pregnant Women

Raw fish, roller coasters, coffee, and hot tubs. What do these seemingly random things have in common?

I’ll answer that one Mr. Trebek.

What is: things pregnant women should avoid!

Ding! Ding! Ding! We have a winner!!!

Although all of the above things can be harmful to an unborn baby, another great pregnancy risk that almost all pregnant women take, without even thinking twice, is driving a car! Every year, according to SafeRide4Kids, about 300-5,000 unborn babies die in motor vehicle accidents. Also, the leading cause of miscarriages in the first trimester, is due to car accidents. However, telling a pregnant women to stay inside her house for nine months is unrealistic, because pregnant women work, shop, run errands, and travel, just like all other people.

In fact, according to Census Bureau Data, 66% of women worked while they were pregnant from 2006 to 2008, compared to the 1960s when only 44% of women worked at all during their pregnancies. Furthermore, 82% of women continued to work until less than one month before giving birth.

However, a Canadian study, from 2014, revealed that pregnant women are 42% more likely to get into a car accident than non-pregnant women. This is a serious statistic that clearly outlines that driving while pregnant may be unsafe. Why? Well, according to the National Highway Traffic Safety Administration, fatigue and drowsiness can impair a driver’s judgement, as well as slow down their reaction times. Unfortunately, drowsiness and fatigue are two very common symptoms that pregnant women experience. If a person driving a car in front of them brakes suddenly, a fatigued driver  may not react in time to slam on their own brakes, to avoid rear-ending the car in front. While all people who drive or ride in vehicles are susceptible of getting into car crashes any time they are on the road, and thereby risk car accident injuries to themselves, it’s the effects of a car crash on an unborn baby that is the cause for concern here.

So what can pregnant women do to decrease the likelihood of getting into a car crash due to fatigue and drowsiness? Well, Dr. Donald Redelmeier, who led the Canadian study said, "We aren't recommending pregnant woman delegate their driving to their husbands...Young adult men are even more dangerous behind the wheel. They have even higher crash rates [than pregnant women]... Obey stop signs. Don't speed. Minimize distractions — standard safe driving habits...That seems like such incredibly banal advice to give. I realize that, but every one of our crashes in the study could have been avoided by a small change in driver behaviors."

Redelmeier also notes that his pregnant patients often ask about the risks of flying and roller coasters, but they don’t ever discuss road safety, despite car accidents being a larger threat to their health.

Though car accidents pose dangers to pregnant women and their unborn children, driving a car isn’t the only way pregnant women can get into car accidents. Pedestrian car accidents also pose a threat to pregnant women. The Michigan Law Firm, PC blog recently covered the tragic pedestrian car crash involving Broadway actress Ruthie Ann Miles. Ms. Miles was walking across a crosswalk in Brooklyn New York after leaving a church service, accompanied by her friend and their respective children, when a driver  lost control and hit them. The accident took the lives of Miles’ four-year-old daughter, her friend’s one-year-old son and a nearby male pedestrian. Miles was pregnant at the time of the accident, but fortunately, the baby is reportedly unharmed.

Life is unpredictable and car accidents always happen. Whether they are fatal car accidents or just car crashes that cause a few cuts and bruises, any car crash is even more dangerous to a pregnant woman, and especially to a pregnant woman who may be suffering from fatigue or drowsiness. The Michigan Law Firm, PC understands how devastating car accidents can be. Our attorneys handle legal situations for car accident victims so they can focus on taking care of themselves and their families. For a free legal consultation, call 844.4MI.FIRM.

Car Accident Severely Injures Broadway Actress And Kills Two Children

When accidents happen, people often explain them away by saying that, "bad things happens to everyone." This saying is true because everyone in the world is at risk for being involved in a car accident, including celebrities. Celebrities are often forgotten about when it comes to accidents and sometimes it can come as a shock to the public when they are injured. On average, around 3,287 people are killed each day from car related accidents and celebrities have the same chance of being one of those people that everyone else does. One celebrity that was recently involved in a car crash is Ruthie Ann Miles.

Ruthie Ann Miles is a Broadway actress who made her debut in the musical, “The King and I,” which won her a Tony award in 2015. Ruthie was walking across a crosswalk in Brooklyn, New York with one of her friends, Lauren Lew, and both of their children, when a woman lost control of her car and hit them. According to the The Washington Post, Miles’ four-year-old daughter and Lews' one-year-old son were killed in the car crash instantly. Both women and a 46-year-old male pedestrian, who was also hit, were hospitalized for their injuries. Miles was pregnant at the time of the car crash, but thankfully, her unborn baby is unharmed.

The driver of the car was Dorothy Burns, a 44-year-old woman from Staten Island, New York. The Washington Post reported that the woman was sitting at an intersection in Brooklyn when her car began to move forward. According to nearby pedestrians, the car started moving slowly then sped up and struck the victims. A law enforcement official said that Burns was not drunk at the time and has not been charged. USA Today reported that Burns suffers from multiple sclerosis and had a seizure while stopped at a red light, which caused her to lose control of her car. Investigators looked at Burns’ medical records and said that if doctors have never prohibited her from driving, she may not face any charges.

After news broke that Burns suffers from seizures many people were angered that she was able to drive. Mayor Bill de Blasio said, “She should never have been allowed to have been driving a car after what we know of these other violations.” He also said that measures were going to be taken to prevent such car accidents from happening again. “People who get behind the wheel of a car need to understand that they have a weapon in their hands,” de Blasio stated. One thing that Mayor de Blasio is known for is promoting Vision Zero, a traffic safety campaign that is, “committed to helping communities reach their goal of Vision Zero - eliminating all traffic fatalities and severe injuries -while increasing safe, healthy, equitable mobility for all.”

Vision Zero focuses on reducing traffic accidents in major cities like New York. They believe that making smaller changes in not only major cities, but smaller suburban areas, can have a huge effect on saving the lives of many people in car accidents. Some strategies that they use to implement traffic accident safety are, lowering speed limits, redesigning streets, implementing meaningful behavior change campaigns, and enhancing data-driven traffic enforcement. If these car accident reducing strategies can help large cities like New York, maybe they can help reduce car accidents in Detroit too. The residents of Metro Detroit are used to the non-stop construction anyway, so why not make a few changes with the roads that possibly prevent future car accidents! 

The National Highway Traffic Safety Administration reported that there are 4,092 pedestrian motor vehicle deaths and 59,000 pedestrian car crash injuries each year. Taking action and making small traffic safety changes, like those Vision Zero implements, can greatly reduce the number of people killed in car accidents each year. Another thing that people should be aware of is their personal health in relation to road safety.Conditions such as seizures, as well as simple issues like not have an up-to-date prescription for glasses, may impair driving. Drivers who are unaware of health issues that impair driving or choose to ignore them, may be putting the lives of innocent people on line, every time they drive. The way to prevent car accidents due to medical conditions is to go to regular checkup with healtcare professionals and to be 100% cleared to opearate a motor vehicle. 

Driving safety and road safety are important factors in preventing accidents, but  the person driving the car is just as important. By making sure that you are medically cleared to safely operate a motor vehicle, individuals  can prevent future car crashes from occurring and saves them from making a call to a car accident attorney. However, car crashes happen every day, for several other, non-medical reasons. If you or someone you know needs more information on how to handle a car accident, contact The Michigan Law Firm, PC by calling 844.4MI.FIRM. Our experienced accident attorneys offer free, legal consultations.

Valentine's Day Drunk Driving Dangers

Today is one of the most romantic days of the year - Valentine’s Day! In case you didn’t remember, it’s not too late to buy that box of chocolate or grab a bouquet of flowers. For those who did remember, I’m sure many loved ones are in for a wonderful and romantic dinner. Some restaurants even offer special menus that pair special Valentine’s dishes with the perfect corresponding alcohol to enhance the romantic dining experience. Whether dining at the most popular restaurant in town with a three month waiting list or proclaiming love over chicken wonton tacos at Applebees, most lovebirds will be toasting their love with alcohol! To many people, Valentine’s Day isn’t being celebrated properly if there isn’t a champagne toast, a fancy cocktail, or a chocolate stout beer involved. In fact, Valentine’s Day is the 3rd highest drinking holiday in America!

That’s right, Screener says that the amount of alcohol consumed on Valentine’s Day is only topped by how much Americans drink on Super Bowl Sunday and New Year’s Eve. And in fourth and fifth place on that list are the 4th of July and Halloween. Screener obtained this information from BACtrack, which is a company that makes breathalyzers to test a person’s blood alcohol content (BAC). BACtrack performed a study in which they gathered over 100,000 anonymous BAC test results from users of BACtrack Mobile, their award winning smartphone breathalyzer. This information was compiled into the BACtrack Consumption Report, which is regularly updated.

The Centers for Disease Control and Prevention (CDC) states that about 28 people die daily because of drinking and driving. And that is just any other day. However, as shown by the BACtrack Consumption Report, national alcohol consumption is at its peak over the holidays. There’s nothing wrong with eggnog on Christmas or a candy corn jello shot on Halloween, but it’s when driving is added to holiday drinking that there is an issue.

According to the U.S. Department of Transportation, about 300 people over the past 5 years died in drunk driving automobile accidents between Christmas and New Year’s alone. Combine this knowledge of holiday drunk driving fatalities with information from a 2017 OpenTable survey which found that 71% of people plan to dine out for Valentine’s Day, and it is reasonable to assume that there will be a marked increase in drunk driving auto accidents today. Many couples will be going out to dinner and enjoying a glass or two of wine with their steak or heart-shaped pizza, only to drive home under the influence of alcohol and risk becoming involved in a drunk driving auto accident. It’s important to note that, according to West Virginia University, even one drink may decrease attention span, limit reflexes, and overall hinder a person’s ability to safely drive.

No one wants their special night ruined because of a drunk driving automobile accident. By not drinking and driving this Valentine’s Day, you can be sure that you are not causing a drunk driving car accident. Just because you’re not drinking and driving though, doesn’t mean that others aren't. Considering how many more people are on the road than usual on Valentine’s Day, and how many of those people have possibly consumed alcohol, it only makes sense that the number of drunk driving car crashes will increase today.

TABC Certification has several suggestions on how to avoid being involved in a drunk driving automobile accident this Valentine’s Day:

How To Avoid Valentine’s Day Drunk Driving Car Accidents

  • Hire a private car for the evening - Not only is this safer, but it also shows how much you appreciate your partner when you hire a chauffeur for the evening so you can enjoy drinking without guilt.

  • Stay at a hotel - If you want to avoid driving altogether, consider staying at a hotel with a well-reviewed restaurant. That way, you can drink as much as you want before heading up to your room.

  • Create a unique night in - Consider staying at home for Valentine’s Day. Send any kids to a babysitter and create your special night in your own home.

  • Choose your own Valentine’s Day - Valentine’s Day is a busy day for restaurants. Consider celebrating Valentine’s Day on a different day to avoid overcrowded restaurants and overpriced taxi prices.

  • Abstain from alcohol - Enjoy the night without alcohol. This is easier if both abstain from alcohol for the night.

Another tip, especially for those who want to stick to a budget, is to use the chauffeur services of ride sharing apps like Uber and Lyft. Even public transportation is a good way to avoid drunk driving, especially if your special night involves more than one activity.

Drinking and driving is never safe. Valentine’s Day should be a time to enjoy with your partner and not your drunk driving accident attorney. Stay safe with your significant other on the road this Valentine’s Day by not drinking and driving. If you or a loved one have been the victim of a drunk driving automobile accident, call The Michigan Law Firm, PC at 844.4MI.FIRM for a free legal consultation.

Oakland County Deputy In Critical Condition After Being Hit By Car

David Hack is an Oakland County Sheriff Deputy. On January 4, 2018, around 7:00 AM, according to the Detroit Free Press, Hack was policing an accident that had occurred in front of Rochester Adams High School, in Rochester Hill, Michigan. Deputy Hack was standing in front of his car when he was struck by a Ford Taurus driven by a 24-year-old college student who was on her way to Oakland University. David Hack was taken to Crittenton Hospital in Rochester Hills by the Rochester Fire Department.

According to Click On Detroit, since the car accident, David has opened his eyes three times. It was reported that he is still in critical condition and has not regained consciousness, but is now stable. Deputy Hack's family is staying hopeful and his wife believes that he is aware that his family's presence in the hospital room.

Deputy Hack's car crash comes as yet another disheartening police car accident, since only six weeks ago, a Oakland County Sheriff Deputy passed away after he was also struck by a car on Thanksgiving day. The Detroit Free Press reported that Deputy Eric Overall, "had just deployed tire-deflating stop sticks on the southbound side of M-15 at Seymour Lake Road and was "well off the roadway" when the driver purposely swerved to hit him at about 12:30 a.m." 22-year-old Christopher Joseph Berak, the driver who hit Overall, has four prior convictions for marijuana possession and for resisting and obstructing police. 

While Oakland County and Michiganders may be surprised to hear about both of these police accidents, car crashes involving law enforcement officers are more common than most may think. The Federal Bureau of Investigation (FBI) recently released statistics that found that 86 law enforcement officers were killed during in line-of-duty incidents in 2015. Of those 86 fatalities, 29 were police car crash deaths. 

While Deputy Overall's death was ruled a homicide, Deputy Hack's car crash was likely a non-intentional accident. While there is no surefire way to avoid causing a car accident, drivers would do well to always pay attention to their surroundings when operating a motor vehicle. For police car crashes in particular, one way to avoid car crashes with cops is to know how to respond when you are being pulled over by a law enforcement officer. The Michigan Law Firm, PC blog has previously discussed Michigan State Police Lieutenant Rob Davis' tips on what to do when a police officer pulls you over. 

The National Highway Traffic Safety Administration (NHTSA) reported that each year 4,092 pedestrians are killed in motor related accidents. It's important for drivers to always be aware of their surroundings and to watch out for other cars as well as pedestrians. No matter how vigilant a driver is however, car accident can and do happen. If you have been involved in a car accident due to a negligent driver, call The Michigan Law Firm, PC at 844.4MI.FIRM for a free consultation with a car accident attorney today.

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. 

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.  

Kalamazoo Crash Underscores Consequences of Speeding

A tragic car crash in Kalamazoo, Michigan over Labor Day Weekend has demonstrated the deadly consequences of driving over the speed limit. Five teenagers between the ages of 15 and 17 died in a fiery car crash around 1 AM on the morning of Saturday, September 2, 2017. They were traveling nearly 100 mph in a Dodge Charger when they slammed into a tree. A parked Kalamazoo police officer saw the car go speeding by and began following the car in order to slow it down. Upon rounding a corner however, he discovered that the car crashed and was being consumed by flames.

Speeding car accidents like this Kalamazoo car crash one are unfortunately not uncommon. Readers of The Michigan Law Firm, PLLC blog may remember a similar teenage speeding car crash that resulted in the deaths of 3 of the 5 teenagers involved, in Stony Creek Metro Park.

The National Highway Traffic Safety Administration (NHTSA) defines a speed related crash as one in which the driver “was charged with a speeding-related offense or if an officer indicated that racing, driving too fast for conditions, or exceeding the posted speed limit was a contributing factor in the crash.” In 2015, the most recent year for which data is available, 27% of all fatalities from automobile accidents in the country were due to speeding. In Michigan, speeding related fatalities are also about 27% of all fatalities from automobile accidents. Data from the NHTSA shows that drivers between the ages of 15 and 34 are most likely to speed, and males are more likely to speed than females. Also, weekends and night time are when the most speeding occurs. In states with harsh winters such as Michigan, ice and snow also increase the likelihood of speed related car crashes.

This heartbreaking car accident highlights the dangers of speeding. Whether it’s 1 mile per hour over the speed limit or 20, speeding is not only dangerous, but is also against the law. According to the Michigan Legislature, driving at a speed greater than the posted speed limit is known as a violation of a basic speed law (VBSL). Basic speeding laws are set in place to assure that vehicles will be able to stop within a clear distance of the car ahead if need be. 

Michigan’s Posted Speeding Laws

  • 25 miles per hour in business districts.
  • 25 miles per hour in residential districts.
  • 25 miles per hour within the boundaries of a public park.
  • 55 miles per hour on truck-line and county highways.
  • 55 miles per hour on gravel highways.
  • 70 miles per hour on limited access freeways.

In the state of Michigan, speeding is considered a civil infraction, resulting in speeding tickets of up to $100. In some circumstances, driving over the speed limit may even be considered reckless driving, which may result in a fine of up to $500 and possibly jail time. More so, according to the Michigan Secretary of State, driving over the speed limit can also result in points being added to the driver's license. Different violations have different point values, and the points stay on the driver’s record for two years after the conviction date.

Points for Speed Related Infractions

  • Reckless driving = 6 points
  • Drag racing = 4 points
  • Driving 16 mph over the speed limit or more = 4 points
  • Careless driving = 3 points
  • Driving 11-15 mph over the speed limit = 3 points
  • Driving 10 mph or less over the speed limit = 2 points

Speeding is illegal and dangerous. Driving over the speed limit may result in points on the driver’s record, a suspended license, tickets, and even jail time. What's worse however is that speed related automobile accidents may lead to serious injury or death. Going 10 mph over the posted speed limit and potentially rear-ending a vehicle due being unable to slow down in time for a sudden red light, is not worth shaving 5 minutes off of a commute. Drivers should instead plan out their trip before they leave and should be prepared to leave ahead of their scheduled departure time to ensure a smooth, steady, and safe drive to their intended destination. 

Speeding not only hurts your driving record, but it may also lead to serious injuries and death in the event of a speeding car crash. Driving over the speed limit, regardless of how much over the limit, is illegal. If you have been involved in a motor vehicle accident caused by a speeding driver, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation.

BMW Issues Fire Hazard Recall

BMW is recalling over 1 million vehicles in North America due to a potential fire hazard. In what is actually two separate recalls, the automobile manufacturer is recalling 1.4 million vehicles in the U.S. and Canada, and is looking at potentially expanding the recall to other countries. The recall was announced on November 3, 2017.

According to Reuters, BMW announced the recall after meetings with the National Highway Traffic Safety Administration (NHTSA). The manufacturer is recalling 670,000 3-series vehicles from model years 2006-2011, and 740,000 vehicles from model years 2007-2011 including 128i vehicles, 3-Series, 5-Series and X3, X5, and Z4 vehicles. The first recall is due to a wiring issue in the heating and air conditioning system that could potentially cause the system to overheat and start a fire. The second recall is due to a valve heater that may rust, also potentially resulting in a fire.

The Chicago Tribune reported that BMW was first made aware of the wiring issue in 2008. There were no reports of injuries caused by the wiring issue from 2007-2014, but in 2015 BMW learned of a situation that resulted in injuries caused by the wiring problem. Regarding the issue with the valve heater, BMW first received a report in 2009 about an issue that occurred in 2007. Luckily, no injuries caused by the valve heater have been reported.

Vehicle recalls can be nerve wracking, but in both of these instances, the recalls are precautionary and the odds of a fire are small. The recall officially goes into effect on December 18, 2017. After that date, BMW has 60 days to notify drivers of the affected vehicles by mail, letting them know their vehicle is under recall. If you believe your vehicle is under recall but do not hear anything from the manufacturer, or want to be proactive about knowing the status of your vehicle, you can go to www.safercar.gov or www.nhtsa.gov/recalls and enter your vehicle’s VIN to see if it is under recall. Or, click on the button below.

All BMW dealers will repair wiring harnesses, valve heaters, and any other parts necessary to resolve the issues. Drivers can take their vehicles to any BMW dealer to have their vehicle fixed - it doesn’t need to be the dealer they bought the vehicle from. Drivers should be patient, as a recall as large as this will likely have a lengthy waiting list for repairs. Most importantly, drivers shouldn’t panic. BMW has not said that the vehicles are unsafe to drive, so drivers can continue to use their vehicles without worry of getting involved in recall related car accidents.

No matter how much research you put into purchasing your vehicle, or how well you maintain it, it is virtually impossible to predict or prevent your vehicle from being recalled. Recalls can be stressful, but they are a part of being a car owner.  By being proactive about checking your car’s VIN for recalls and paying attention to any mail you receive from the manufacturer, you can help prevent being involved in any recall car crashes. Should you find your vehicle under recall, remain calm, and learn what necessary steps need to be taken in order to repair your car to make it safe for you and your family.

Car accidents caused by mechanical failure and faulty defects are rare when compared to those caused by human error, but they still happen. If you or a loved one have been involved in an automobile accident which was the result of a recalled car defect, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. Our attorneys are highly experienced in handling all types of motor vehicle accidents, including those caused by car recall defects. 

General Motors Settles Faulty Ignition Switch Cases

Three years after the initial recall was announced and over a decade since the defect was initially detected, General Motors (GM), has been ordered to pay a $120 million settlement regarding their massive ignition switch defect scandal. According to the Detroit Free Press, the settlement was announced on October 19, 2017, and is settling claims in multiple states. The ignition switch defect killed 124 people and injured 275 more.

The defect was found in smaller cars such as the Chevrolet Cobalt and Saturn Ion, which were made by the old GM. The defective ignition switch caused the cars’ engines to stall and prevented airbags from deploying, all while the car was in motion. GM recalled 2.7 million vehicles in 2014 due to this issue. The state of Michigan will be receiving $4.3 million, which will be put in the state’s general fund. The settlement does not include payments GM has made/is making to families of those killed or injured in accidents caused by the defective ignition switch.

The recall is one of the largest in the U.S., and has a timeline spanning over a decade. The Michigan Attorney General’s Office said in a statement that "certain employees of GM knew as early as 2004 that the ignition switch posed a safety defect because it could prevent airbags from deploying. However, despite this knowledge, GM personnel decided it wasn’t a safety concern and delayed making recalls. GM continued to market the reliability and safety of its motor vehicles which were equipped with this defective ignition switch.”

According to NPR, GM first noticed a problem with the defective ignition switch in 2001 during pre-testing of the Saturn Ion. An inquiry was launched looking into this, and was closed in 2003, saying the problem had been fixed. GM again noticed the same defect in 2004 during production of the Chevrolet Cobalt, but rejected a proposal in March of 2005 to fix the issue due to the time and money it would require. In December of that same year, GM released a statement saying the defect occurs when "the driver is short and has a large and/or heavy key chain...the customer should be advised of this potential and should ... [remove] unessential items from their key chain, ” but did not issue a recall.

Fast forward to 2007, and the National Highway Traffic Safety Administration (NHTSA) launched a probe into the issue, but closed it saying they found no correlation between the faulty ignition switch and the complaints they received. Another NHTSA probe of the issue was opened and closed in 2010. By the end of 2013, GM had officially linked the faulty ignition switch to 31 car collisions and 13 deaths. Finally in February of 2014, the defect was officially reported to the NHTSA and the initial recall was launched. More recalls were issued in March, April, and May of that year.

On the day the settlement was announced, GM said in a statement that “the resolution includes a financial component, and assures GM will continue ongoing improvements made to ensure the safety of its vehicles. These improvements include continuation of a new organizational structure devoted to global vehicle safety and the company’s Speak Up for Safety program.”

Hopefully, GM is serious about this commitment to safety, and another car safety recall such as this could be avoided. While recalls are often for relatively minor issues, the number of injuries and fatalities due to the GM ignition switch defect shows that recalls need to be taken seriously. Drivers need to pay attention when recalls are announced, and be proactive about checking their car’s VIN number to make sure their vehicles are safe to drive. While some mechanical issues are impossible to predict, knowing if your car is under recall is something all drivers are responsible for, not only for their own safety, but for the safety of their passengers, other drivers, and pedestrians.

Regardless of whether or not your vehicle is under recall, car accidents due to mechanical failures happen. If you or a loved one have been involved in a motor vehicle accident due to a recall, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation.

Suspected Drunk Driver Causes Fatal Car Crash

In July, a 19-year-old man was killed after a suspected drunk driver T-boned him at an intersection in York Township, Michigan, according to the Detroit Free Press. Derrick Jackson, a spokesman for the Washtenaw County Sheriff's Office, said the car crash happened at the intersection of Bemis and Moon Roads. The 19-year-old was traveling eastbound on Bemis, while the 34-year-old driver of the other vehicle was traveling southbound on Moon. "The victim goes through the intersection," Jackson said. "The suspect runs the stop sign, T-boning him in the driver's side and killing him." 

The motor vehicle crash in also injured two passengers in the 19-year-old's vehicle. The 34-year-old was arrested, and alcohol is believed to be a factor in the car crash. 

Jackson commented, "We suspect he was highly intoxicated."

Drunk driving is one of many risky driving habits that people exhibit, despite the consequences of potentially enduring or causing injury or death from a vehicle collision. The National Highway Traffic Safety Administration (NHTSA) reports that in 2015 alone, 10,265 people were killed in drunk driving crashes. That is 1 person killed every 51 minutes, every day of the year. 

The good news is that drunk driving deaths have been cut nearly in half since 1982 through stricter laws, smart law enforcement, and increased advocacy. Yet people are still dying in drunk driving car crashes. With technological advances such as personal breathalyzers and the popularity of ride-sharing, there are no excuses for driving while intoxicated. It is important to remember to drive sober or get pulled over.

Drunk driving is a well-known form of risky behavior on the road, yet this type of distracted driving accident still occur frequently. If you or someone you know has been a victim of a drunk driving car accident, contact The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. 

Should School Buses Have Seat belts?

Many people may remember the 2016 Chattanooga, Tennessee school bus crash that killed 5 students and injured more than 20 children. While this school bus accident shocked and stunned most of the country, in reality, school bus crashes are more common than most people realize. In fact, the National Highway Traffic Safety Administration (NHTSA) says that there have been an average of 135 fatalities per year from school-transportation-related crashes since 2003. To make matter worse, there is currently no federal regulation that requires children to wear seat belts on school buses. One of the arguments against school buses having seat belts is actually that the large vehicles are statistically shown to be safer than passenger vehicles. The NHTSA describes how large school buses are heavier and distribute crash forces differently than passenger vehicles and light trucks do. Strong, closely-spaced seats with energy-absorbing seat backs in school buses are supposed to "compartmentalize" children enough that they are protected without buckling up. 

Another reason many people argue against buses having seat belts is due to the incremental amount it would cost to install them. CNN estimates that seat belt installations inside of a large school bus could range anywhere between $7,346 to $10,296. "Installing seat belts on buses is not free, and requiring their installation might mean reducing funding on other critical safety aspects, such as crossing guards for those children who do walk to school," said Richard Williams, former director of the regulatory studies program at the Mercatus Center at George Mason University.

On the other hand, and possibly more importantly, the NHTSA argues that by adding three-point seat belts to school buses, the average number of lives lost annually in school bus crashes could be cut in half. Deborah Hersman, president and CEO of the National Safety Council also makes a good point about installing seat belts on school buses. 

"That's the best protection that we can give our kids. It's what they're used to in cars," said Hersman. "We know that there are very few fatalities involving children on school buses every year-they are a safe form of transportation-but anything we can do to make them safer is really our responsibility." 

Currently, there are only six states that have legislation in place requiring buses to have seat belts - California, Texas, Florida, New York, Louisiana, and New Jersey. Despite the lack of regulation around the country, it is important for motor vehicle operators, and especially school bus drivers, to be screened properly and to focus on safe driving. A car, truck, or bus crash may happen at any time, and wearing a seat belt is just one of many ways for drivers to stay safe while on the road.

Incidentally, a similar bus crash to the one in Chattanooga also happened in Anaheim, California. The Anaheim bus slammed into a light pole and some trees, splitting open the left side of the vehicle while students from a middle school were on board. Both of the buses involved in the Chattanooga and Anaheim accidents were driven by 24-year-olds, in clear and dry conditions, and yet, both buses happened to flip onto their sides. The only difference is that the bus in Anaheim was equipped with seat belts and no one was killed.

So, what do readers of The Michigan Law Firm, Blog think? Given the above information, do you think school buses should have seat belts?

Although the government requires drivers and passengers to wear seat belts in passenger vehicles for their safety on the road, they don't enforce seat belt safety in all modes of transportation. Although the NHTSA lists school buses as one of the safest modes of transportation for school-age children, due to their safe design with reinforced sides, bright coloring, stop signs, and standard seat size and height, it couldn't possibly hurt to wear a seat belt on a school bus anyway, could it? Have you, your child, or someone else's child been involved in a school bus accident or any kind of bus accident? If so, call The Michigan Law Firm, PLLC today, at 844.4MI.FIRM for a free consultation. 

Drowsy Driving Is Just As Dangerous As Drunk Driving

Reports have shown that driving on 5 hours of sleep or less is equivalent to driving while intoxicated. The report, according to USA Today, states that drivers who skip a few hours of sleep at night nearly double their chances of crashing. This is an alarming fact when you take into consideration that about 1/3 of American adults get less than 7 hours of sleep every night, the recommended amount for adults aged 18-60, based on statistics from the Center for Disease Control and Prevention (CDC).

The Probability of Drowsy Driving Car Crashes

Below is the likelihood of a motor vehicle accident occurring depending on how much sleep a driver gets. 

  • 6 hours of sleep = 1.3 times higher chance of a car crash.
  • 5 - 6 hours of sleep = 1.9 times higher chance of a car crash.
  • 4 - 5 hours of sleep = 4.3 times higher chance of a car crash.
  • 4 hours of sleep or less = 11.5 times higher chance of a car crash.

The National Highway Traffic and Safety Administration (NHTSA) estimates that drowsy driving accounts for 83,000 crashes per year. In 2014, 846 fatalities resulted from a car crash related to sleepy driving. It should be noted that research on the number of drowsy drivers on the road has proved challenging, possibly even causing an underestimate of the prevalence of the issue. Regardless, lack of sleep causes impaired judgment, a slower reaction time, and/or paying less attention to the road. Combining these factors with operating a motor vehicle, just screams a disaster waiting to happen. 

Symptoms of Drowsy Driving:

  • Frequent yawning or blinking.
  • Drifting in and out of the lane.
  • Hitting a rumble strip on the freeway.
  • Missing an exit.
  • Not remembering the last few miles traveled.

The National Sleep Foundation noted that police officers are not trained to identify “drowsiness” and despite just about every state addressing sleepiness or fatigue in crash reports, fatigue testing has been limited and without major developments. The foundation also believes that drowsy driving could play a role in other car crashes and are simply misreported as drunk driving or distracted driving accidents. The following safety tips provided by the National Sleep Foundation maybe able to help prevent a drowsy driving motor vehicle accident from occurring.

Tips to Avoid Drowsy Driving Car Accidents

  • Make it a priority to get 7-8 hours of sleep per night.
  • Get a good night's sleep before long road trips, as being sleep deprived could endanger everyone in the car.
  • Avoid drinking any alcohol before driving. Consumption of alcohol increases sleepiness and impairment for drivers.
  • If you take medications that list drowsiness as a side effect, use public transportation or get a ride from someone else, if possible. If you drive, avoid peak sleepiness time periods (12 AM - 6 AM and late afternoon).
  • Stay vigilant for signs of drowsiness, such as crossing over roadway lines or hitting a rumble strip, and pull over for a short nap in a safe place if needed. 

At the end of the day, having the alert senses needed to drive safely is yet another reason to get enough sleep each night. It is important to remember these safety tips and to monitor one's own behavior for drowsiness, before getting behind a steering wheel. At the very least, who doesn't want an excuse to put on some footie pajamas and snuggle under the covers for a well-rested night?

Motorists should take note of when they are feeling fatigued, and make the right decisions in order to prevent severe injuries or even fatalitities from a car crash. Finding a safe spot to pull out of the way of traffic and removing one's keys from the ignition to take a quick nap is one of way options to make a road trip safer. If you or someone you know has been a victim of a drowsy driving accident, contact The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free consultation. 

Help! We Can't Stop Texting And Driving

Distracted driving has become a major issue in our world today, especially since more people have smartphones than ever before. The National Highway Traffic Safety Administration (NHTSA) estimates that each day in the United States, 660,000 drivers use an electronic device while driving. Also, each day, approximately 9 people are killed and more than 1,000 are injured in automobile crashes reported to have involved a distracted driver, based on statistics from the Center for Disease Control and Prevention (CDC). It should be mentioned that these are just the reported distracted driving car accident cases, and there many be thousands of other cell phone car accidents that occurred without official documentation, because of how difficult it is for authorities to pinpoint a distracted driver. It therefore goes without saying that distracted driving is very dangerous, and with the technological era upon us, it is also on the rise.

Distracted Driving Statistics

The following statistics, provided by Click On Detroit, help put the dangers of distracted driving into context:

  1. Taking your eyes off the road for more than two seconds doubles your risk of a crash.
  2. When driving 55 miles per hour, five seconds with eyes off the road is equivalent to driving the length of a football field blindfolded.
  3. Distraction is a factor in nearly 6 out of 10 moderate-to-severe teen crashes

The texting and driving problem has gotten so big that highways across the country now regularly warn drivers "Don't text and drive," and 46 states and the District of Columbia have laws banning texting and driving. If these laws don't deter people from engaging in distracted driving, we hope that drivers will keep these shocking statistics in mind, to help prevent a distracted driving car accident and to minimize the risk of experiencing a life-changing car crash injury on the road.

However, although we know that talking or texting while driving is an issue, the problem isn't just calling or sending a text message to catch up with your best friend. Drivers with smart phones are now even using Snapchat, Facebook, Instagram, Twitter, Google Maps, Spotify, and YouTube, all while operating a vehicle on busy roads. In a survey sponsored by the National Safety Council that focused on 2,400 drivers of all ages, 74% said they would use Facebook while driving, and 37% said they would use Twitter while behind the wheel, with YouTube (35%) and Instagram (33%) close behind. 

 CNN talked to Jennifer Smith, a mother of two and founder of the advocacy group StopDistractions.org. She lost her own mother in a crash nearly 8 years ago when a 20-year-old who was talking on the phone drove through a stoplight. Since then, Smith has devoted her life to helping other families who have become victims of distracted driving crashes by providing support, lobbying for legislation, and planning public awareness events.  Smith believes that people need to really focus on what's important. "As I'm talking to new families, more and more of them are telling me, 'It's Snapchat,'" said Smith, whose daughters were 1 and 13 when their grandmother was killed in Oklahoma City. "It's Snapchat today, but then what is it tomorrow?...Social networking while driving is not necessary and should not be done by anyone, in any way, who's driving. Period. And somehow we've got to make the whole country understand that."

Also acknowledging the widespread problem of using social media while driving, Deborah Hersman, President and CEO of the National Safety Council commented, "We know that it's an under-reported issue and it's a lot like impaired driving in that way where people know it's not acceptable to do it, and yet a lot of people still do it anyway." 

The Science Behind Distracted Driving

David Greenfield, founder of the Center for Internet and Technology, told CNN that the constant need to check our phones, even when operating a vehicle, is caused by the “addictive nature of smartphones and how our brain instinctively responds to those pings, which signal an incoming text or social media update.” 

Smartphones are taking over the world. They are affecting our brains and behavior on a daily basis. When we hear the alert of a new message, social media notification, or new email, our brains get a dose of dopamine, which is a chemical that leads to an increase in arousal. “The dopamine reward centers are the same centers that have to do with pleasure from eating, pleasure from sex and procreation, pleasure from drugs and alcohol,” Greenfield said. “This reward circuitry is as old as time and if we didn’t have it, we probably wouldn’t exist as a species.”

Where the trouble arises however, is not the higher level of dopamine, but the shutdown of access to the prefrontal cortex, which is responsible for most of our judgement and reasoning. “The parts of the brain that say, ‘OK, how important is this text? Is this text worth dying for? Is this text worth killing somebody else for?’” Greenfield said. “The answer, of course, logically, would be ‘no,’ but if you have less access to that part of your brain when you’re in this state, which seems to be the case, then you’re not really using your judgement.” 

Distracted Driving Prevention Apps

Scott Tibbitts, founder of a technology called Groove, believes he can help bring an end to distracted driving. His distracted driving prevention app sends a signal to the driver’s phone service provider, altering it to hold off on all texts and social media notifications while they are driving, and also prevents the driver from posting anything while the car is moving. Tibbitts compares the addiction to texting while driving to having an open bag of potato chips in the car. “I know I shouldn’t be eating potato chips, but just take a deep breath of that barbecue sauce. Well that’s what the ‘bing’ is. The ‘bing’ is “Oh, my gosh this might be the text message from my daughter that says, 'Dad, I need help,'” Tibbitts explained.

Groove is only one of many distracted driving prevention apps and phone features being developed to minimize distracted driving, like Apple's Do Not Disturb While Driving feature and At&T's DriveMode app. It may seem ironic to use technology to stop the usage of electronics while driving, but it actually might make more sense. If people are relying so much on their mobile devices, what better way to spread the word about the risks of distracted driving and to help break bad habits than with the cell phones themselves? 

Every time we look at social media while behind the wheel or text while driving, we get a false sense of security and believe that we will be safe in future attempts. Despina Stavrinos, director of the University of Alabama’s distracted driving research lab, says it’s similar to the reinforcement theory. “So you’re driving every day, sending text messages, and nothing happens. So it’s reinforcing to you, ‘Hey, I can do this. I am a pretty good multitasker,’” said Stavrinos. In reality, distracted driving is doing nothing more than putting drivers and passengers at risk for severe injury or death. People are smart enough to develop addictive apps and modern cell phone technology, so they should be more than capable of making the right decision to forget the distractions and focus on the road while driving. 

In many ways, distracted driving can be just as dangerous (if not more so) to drivers and others on the road, than drunk driving. If you truly believe that text messages, Facebook alerts or emails are that important, pull over to the side of the road and complete your business before getting back on the road. If you or someone you know has been involved in a distracted driving car crash, call The Michigan Law Firm, PLLC today. Our firm are highly experienced in dealing with all types of motor vehicle accidents and can help you. Call us at 844.4MI.FIRM for a free consultation.

Defective Gas Tank Part Investigation Is Ongoing

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

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

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

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