When Michigan motorists arrive safely at their holiday gatherings this season, they can give thanks in part to the additional law enforcement officers who will be on patrol during this winter season. Law enforcement across the state will be conducting daytime safety belt enforcement zones and nighttime impaired driving enforcement patrols this Holiday season.

Christmas and New Year’s traffic patterns tend to be better overall because the holiday is spread during a longer period of time, so no one day has the same high concentration as just before the Thanksgiving holiday. Traveling on Christmas Day and New Year’s Day are safer days to be on the road than other days because traffic is relatively light.

For the week between Christmas and New Year’s, many people are out of work and school, so every night is similar to a typical Friday or Saturday night. If you factor in the holiday parties, the DUI rate increases dramatically.

Combinations of alcohol and speed crashes are the cause of most of the fatal crashes during the holidays. Conforming to the following list of behaviors would eliminate the probability of being involved in a fatal crash:

Every winter, Michigan communities struggle to keep roads clear of snow and ice. This year, a shortage of road salt and skyrocketing salt prices make their task even more difficult.

According to the U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA), car accidents are the number one cause of death during winter storms. Defensive driving is important. Learning how to maneuver your vehicle when confronted with winter’s elements could mean the difference between life, death or serious injury.

One of the greatest winter weather threats can be icy roads, and in particular, icy bridges. A bridge is exposed to air on all of its surfaces – on top, underneath and on its sides. In contrast, a normal road surface is exposed to air on only one side, its top surface. When temperatures drop, this means bridges will cool and accumulate snow and ice faster than roadways on solid ground.

The most dangerous aspect of an icy bridge is the element of surprise – it can catch drivers off guard, who are traveling at full speed because the rest of the road is either clear or just a little wet. The consequences of driving onto ice at highway speeds can be catastrophic, as the loss of control and impacts happen much faster than in most other conditions. Slides are often unrecoverable and chain-reaction type accidents are common, as additional vehicles may lose control in the same location.

No matter what type of road you are driving, always pay attention to your surroundings. Protect yourself and your family, and arrive at your destination safely!

Health insurance companies are finding new ways to avoid paying claims of policyholders most in need of medical treatment.

One of the latest insurance company tactics is rescinding policies after individuals file claims, and encouraging them to pursue benefits from Medicare, Medicaid, or other sources.

Another serious problem is “dual-role insurers,” which are companies that not only pay benefits, but also decide who is entitled to receive them. While the federal Employee Retirement Income Security Act allows insurance companies to do this, many argue this dual role presents an inherent conflict of interest.

Some insurers are directing staff to scrutinize each claim, to find any hint of “misrepresentation” that would be an excuse to cancel a policy. For example, a company might try to revoke a policy, if an individual did not identify a previous health problem or medical procedure on his or her initial insurance application.

Increasing public attention has prompted state industry regulators to investigate and fine some health insurers for these unfair and unlawful practices. One recent investigation revealed that an insurer paid employee bonuses, based on the number of policies they cancelled.

In short, these companies increase profits by wrongfully denying claims of their sickest policyholders, and continuing coverage only to those who are healthy.

If you or a loved one has encountered similar problems with your insurance company, you need to protect your legal rights. Contact an experienced attorney who can help you receive the medical benefits and coverage that you deserve.

Auto Statistics
Automobile accidents are very dangerous and may cause serious injury. Although some insurance industry publications try to minimize the impact, the truth about automobile accidents is disturbing:

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

Michigan Auto Accident Checklist
If you were involved in a Michigan auto accident, do you know what to do? The following “checklist” can help you take the necessary steps to protect your legal rights in case of a Michigan auto accident.

Stay Calm after the Michigan Auto Accident:

• Protect your passengers and car.
• If necessary, call an ambulance for any injured party.
• Set out flares, if you carry them.
• Do not leave the scene of the Michigan car accident.

Exchange Documents after the Michigan Auto Accident:

• Exchange only your license, registration and motor vehicle identification card with the other drivers.
• Do not discuss the Michigan car accident with anyone other than the police.
• Do not blame yourself or anyone else.

Get Ownership Facts After the Michigan Auto Accident:

• Write down the name, address, and insurance company of the owner of the other car involved in the Michigan car accident.
• Do not assume that the other driver owned his or her car.

Get Information About Witnesses to the Michigan Auto Accident:

• Be sure to write down the names, addresses, and phone numbers of any people who saw the Michigan car accident, but were not involved in it.

Draw a Diagram of the Michigan Auto Accident Scene:

• Write the date and time of the Michigan auto accident on the diagram.
• In addition, write down information about the location of the auto accident, including the intersection, street names, any stop lights or traffic control signs, or other landmarks.

Protect Your Legal Rights After the Michigan Auto Accident:

• If you or a loved one suffered serious injuries in a Michigan auto accident, talk with an experienced Michigan auto accident lawyer.

Most Michigan motorcyclists use every possible safety precaution. But a motorcyclist hit by a car may not stand a chance. In these collisions, the motorcyclist is at grave risk of severe injury, permanent disability, or even death.

Over 4,000 motorcyclists died in motor vehicle crashes in 2004, according to the National Highway Safety Administration. Another 76,000 motorcyclists were injured in traffic accidents in that year alone.

Motorcyclists who survive automobile crashes often suffer serious injuries that require hospitalization, surgery, and long-term medical treatment. Some victims never regain their ability to work or resume normal family life.

Even if a car accident victim makes a relatively good recovery, the crash takes its toll. The individual may lose time and income from work, need help with household chores, and have to live with lingering pain from car accident injuries. In short, an auto accident can significantly change a motorcyclist’s life — temporarily or even permanently.

Special Legal Issues in Motorcycle-Car Accident Cases
A motorcyclist injured in a Michigan car accident has a special need for help from a highly-qualified car accident attorney. In important ways, the legal claims of a motorcyclist are different — and more complicated — than the claims of an automobile driver, because Michigan law does not consider a motorcycle to be a “motor vehicle.”

Therefore, the most important legal claim available to a motorcyclist who is seriously injured in a Michigan car accident may be a Third-Party lawsuit against the negligent driver and the owner of the automobile involved in the collision. Under Michigan law, the injured motorcyclist may be able to recover damages for non-economic losses, including pain and suffering.

The Michigan car accident victim also may have a First-Party claim for No-Fault benefits, which cover economic damages, including medical costs, wage loss, attendant care, and replacement services. These No-Fault First-Party benefits may be crucial to the economic survival of a motorcyclist injured in a Michigan car accident. The accident victim must claim these benefits within one year.

However, an individual who held legal title to the motorcycle on which he or she was injured, and did not carry the basic liability insurance required by Michigan law, cannot get First-Party Benefits.

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

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

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

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

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

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

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

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

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

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

- Posted by Mark Bernstein