Archive for the ‘Uncategorized’ Category

Be Safe While Driving at Night

Wednesday, October 26th, 2011

Now that summer is coming to a close we will be enjoying the cooler weather of fall, the beautiful changing leaves and all of the driving hazards that come with this season.  Most people think that winter is the most dangerous time of year for driving, but Safety Times reports that more drivers die from September through November than during the winter months of December through February.

One major cause is that the falling leaves and rain make the roads wet and very slippery, making driving conditions similar to driving on ice. As the temperatures drop, the wet leaves can freeze and create icy patches on the road.  These conditions increase the possibility of drivers losing control as they struggle with poor traction and skidding.

There are many other hazards unique to autumn driving.  Here are just a few to watch for to help avoid car accident injuries:

  • School buses. As the kids go back to school, defensive driving is essential.  Watch for kids and buses, particularly in the early morning and late afternoon.
  • Fog. Diminished sight distance can be dangerous.  Remember to slow down, use your low beams and keep your headlights clean.
  • Halloween. Yep, it’s a fun time for the kids, but it’s easy for them to be excited and run into the street. Be careful of the trick-or-treaters, particularly the ones in dark costumes!
  • Deer. Fall is the time of year that deer often move around. Be extra careful at dusk and early evening.  Slow down if you see deer by the road and stop if you see one crossing the road. They rarely travel alone so it’s best to stop and wait for the others to safely cross.  Remember to use your hazard lights to alert other drivers to the situation.  During November, also be on the look out for deer hunters.
  • Daylight savings time. When you adjust your clock, it can effect your body and make you drowsy.  It also may force you to drive your evening commute in the dark.  Both of these things will diminish your vision and make driving more difficult.
  • Sunsets. Fall sunsets can be some of the most spectacular, but the lower angle of the sun can make driving into it very dangerous.  Always have sunglasses on hand to help cut the glare.

Follow these safety tips and your own common sense, so that the beautiful autumn season will also be a safe one.

Teen Driving Tips

Friday, September 30th, 2011

Every teenager dreams of the day he or she finally gets a driver’s license. However, many do not comprehend the amount of responsibility involved with getting behind the wheel. Teenagers are ten times more likely to get in a car accident their during first year driving than any other driver. It’s important for teens to take precautions as new drivers. Here are some helpful tips to keep in mind before they take the car keys and fulfilling that teenage dream.

  1. Always wear a seat belt
    Everyone has probably been told this at some point. It is well known that wearing a seat belt saves lives. Morever, the law requires it. However, teens may forget or not see the need to use it. Parents should keep stressing the importance of this safety device.
  2. Get a lot of supervised driving experience
    To be a better driver not only takes skill, but lots of experience too. New drivers should practice in a lot of different situations, including city streets and highways.
  3. Never use your cell phone while driving
    That means no texting and no talking on your cell phone. Drivers not only risk hurting themselves by using a cell phone, but also passengers, pedestrians and occupants of other vehicles. Teens should put away their cell phones and, if a call must be answered, always find a safe place to stop and park.
  4. Limit the number of passengers
    After getting your license, it is normal to want to drive around with your friends, but try to avoid this for the first couple of months. Passengers can be a distraction and new drivers may be particularly susceptible to this.
  5. Get rid of further distractions like loud music
    Blasting the Billboard’s Top 100 Songs may seem cool, but it is likely to hurt your driving performance. Teens must understand that concentrating on the lyrics of a song could increase the chances  of missing a stop sign or the honk of a nearby vehicle. If you want to listen to music, keep the volume down and focus on the road, not on Lady Gaga.
  6. Never drink or take drugs and drive
    This includes never getting in a car with a driver who has had a drink or taken drugs. This may seem obvious, but still some teenagers are guilty of this. Alcohol and drugs impair your mental and physical abilities, and make you much more at risk of an accident. It is much wiser to call a trusted person who is sober, than to risk driving impaired.
  7. Make sure your car has gas in it
    It is easy to overlook your gas tank, but no one wants to be stranded. So always check before and during your drive.
  8. Be careful driving your car into the garage and always enter straight
    Always adjust the position of the car before entering the garage, to enter it straight and never at an angle. Parents should practice this with teens before letting them do this by themselves.
  9. Make sure the intersection is clear before crossing
    Never forget to check both directions before entering the intersection; another car could be coming from any direction.
  10. Use turn signals
    Turn signals must be used to show that you are about to turn onto a street or to change lanes. They also allow drivers to react appropriately before you turn, so use the turn signal well ahead of time, and don’t forget to turn them back off!

Distracted Driving

Monday, September 26th, 2011

We’ve all done it. During our busy days when we are on the run we grab lunch and eat it in the car, while driving. Or, we take an important phone call, while we are driving. Or maybe you help your child in the back seat, you read a map, or even just enjoy a good conversation with your passenger. As common as these activities are, they are all forms of distracted driving.

So what’s the problem with a little distraction?

Federal government statistics state that in the U.S. there is a motor vehicle accident every 5 seconds. While the (NHTSA) National Highway Traffic Safety Administration estimates that a minimum of 25% of police reported crashes involve some form of distracted driving.

If you take your eyes off the road, your hands off the wheel, or your mind off what you are doing, you are a distracted driver and increasing your risks of an auto accident.

Many states are enacting laws to try to lower the incidents of distracted driving auto accidents. In Michigan and 33 other states it is illegal to read, type or send a text while driving. Michigan law also prohibits teenage drivers with probationary licenses who are involved in an accident to use a cell phone while driving.

Cell phone usage is only one of many forms of driver inattention. There are many other distractions, and a few simple tips to keep in mind next time you get in the driver seat.

Reduce driving distractions:

Cognitive Distraction

  • Day dreaming, spacing out, mind not focused. This is cognitive distraction and can be caused by fatigue, worry, stress, hunger, medication, etc. When your attention is drifting from driving it’s best to stop the car for a stretch, a walk, a meal. Do what it takes to get your focus back to driving. If possible, let someone else drive for awhile.

Manual Distraction

  • Hands off the wheel, is manual distraction. It could be a simple as adjusting the radio, the temperature control, or the mirrors. Make sure you adjust your seat, head rest, mirrors, and steering wheel before you start driving. Use the automated systems in your car if you have them; programmable radio buttons, seats and any other personal settings.

Visual Distraction

  • Watching things other than the road. Visual distractions are everywhere, both inside and out of your vehicle. Outside joggers, rainbows, other cars, billboards, accidents can all grab your attention. Don’t gawk, try to keep your focus on driving. You have more control over inside distractions. Don’t read a map, look at your passenger during conversation, flip through the cds, or coo at the baby in the car seat.

Audio Distraction

  • Listening to that captivating story on the news, laughing to a great comedy routine, or belting out your favorite tunes on the radio make your drive more pleasurable but can also be a dangerous distraction. Keep the radio in the background and your focus on the road for safe driving.

It’s up to you to make it a priority to keep your focus and control your distractions, to reduce your chances of being in an auto accident.

National Transportation Safety Board’s New Recommendations for Child Safety Seats

Thursday, December 2nd, 2010

According to the National Transportation Safety Board, motor vehicle crashes account for 1 in every 3 injury deaths among children younger than 13, while it is the leading cause of death for those between 2-12 years of age.

On average, 1,800 children ages 14 and under are killed as occupants in motor vehicles, and more than 280,000 are injured per year. Most of these deaths occur among children traveling as passenger vehicle occupants, and proper restraint use can reduce these fatalities.

The American Academy of Pediatrics recently changed their recommendation for keeping toddler car seats rear facing. The previous recommendation was for infants 12 months old and at least 20 pounds before riding forward facing in a car seat.

New research proves toddlers are 5 times safer when riding rear facing until the age of 2 – the new recommended age. Placing children in rear seats instead of front seats reduces fatal injury risk by about a third among those 12 and younger.

The National Transportation Safety Board recommends that parents use the correct child restraint system for their child’s age and size. The following can help prevent an injury or death in the case of a motor vehicle accident:

  1. Keep your child in a rear-facing seat until your child is at least 1 year old and at least 20 pounds. New recommendations suggest that children are much safer when rear-facing up until the age of 2.
  2. Use a harnessed forward-facing seat after your child has outgrown their rear-facing seat. The NTSB recommends your child should stay in this seat until they reach a weight of 40 pounds, or their ears reach the top of the seat.
  3. Use a booster seat when your child has outgrown the forward-facing seat. Since seat models vary, be sure to check the height and weight limits for the seat you own. Your child needs to use a booster seat from about 4 to 8 years old or until your child reaches about 4 feet, 9 inches.
  4. Keep your child in a booster seat until the adult lap-and-shoulder belt fits properly. The seat belt should lie across the chest between the neck and arm and the lap belt must be across the upper thighs, not the soft stomach.
  5. An adult lap-and-shoulder belt can be used when your child is tall enough (usually about 4 feet, 9 inches) to sit against the back of the car’s seat with their legs bent at the knees with their feet hanging down.

“Preventing an injury or death in the case of a motor vehicle accident starts with the parent,” said Mark Bernstein of the Sam Bernstein Law Firm. “The first step is knowing the proper ages, weights and heights for different child safety seats.”

If your child or someone you love was seriously injured in a Michigan auto accident, talk with an experienced Michigan car accident lawyer to learn more about your rights.

Tips to Prepare Your Vehicle for the Michigan Winter Season and Avoid Car Accidents

Monday, November 29th, 2010

Michigan winters can be unpredictable, but they usually present major challenges to Michigan drivers as the ice and snow fall and colder temperatures set in. The Sam Bernstein Law Firm recommends the following tips to winterize your vehicle for the upcoming season. Keeping your car maintained can prevent car failure and a Michigan car accident.

Check tire pressure. Due to winter’s low temperatures, the air pressure in a cold tire can easily drop. Make sure your tires are inflated to the proper pressure points. According to Edmunds.com, tire pressure can change by about 1 psi for every 10-degree Fahrenheit change in temperature.

Snow tires can increase traction. A good set of winter tires can increase traction, because they are optimized for snow and ice. Their tread patterns are designed for winter conditions, and they are made from softer rubber compounds that retain flexibility in the winter.

Check your vehicle’s four-wheel drive system. As temperatures get colder, engine oil gets thicker and does not circulate as well as a thinner oil. Without circulating oil, the engine won’t get proper lubrication. Read your owner’s manual to find out the type of engine oil your vehicle takes, and replace the oil, or have a mechanic change it.

Check belts and hoses. Cold temperatures can speed up wear and tear on belts and hoses – have them inspected by a certified mechanic before winter.

Check the battery. Extremely cold temperatures can reduce battery power by up to 50 percent. Clean any corrosion that may have built up on the posts and connections, and test your battery if it is older than three years old at a vehicle repair shop.

Check the antifreeze mixture. If you have a mixture of more water than antifreeze in your radiator, the water can freeze at 32 degrees Fahrenheit. Use an antifreeze tester from an auto parts store to check if the ratio is 50:50.

Replace windshield wipers. Worn or torn wipers will not clear your windshield, and provide enough visibility fro driving through a snow, sleet, or ice storm. Check your washer fluid and add a de-icing solvent.

Check your gas tank frequently. Keep your gas tank at least half full at all times in order to keep your gas lines from freezing. You also may need extra gas, in case you get stranded or lost during bad weather.

Keep an emergency kit in your trunk while you travel, especially before embarking on a road trip. The kit should include: a blanket, extra boots and gloves, extra set of warm clothes, non-perishable food, paper towels, water, an ice scraper, a shovel and a first-aid kit.

To maintain your car, also keep the following items in your trunk: windshield wiper fluid, windshield wipers, flares, jumper cables, a tool kit, tire chains, a tire gauge, a spare tire, tire-changing equipment and sand to provide additional tire traction when needed.

No matter how well you prepare, or how carefully you drive, auto accidents may happen. If you or someone you love was hurt in an auto accident, talk with an experienced Michigan car accident lawyer to protect your legal rights.

Holiday Safe Traveling Tips To Avoid Auto Accidents From The Sam Bernstein Law Firm

Wednesday, November 24th, 2010

As the holidays approach, the Sam Bernstein Law Firm would like to advise safety tips for travelers making long trips to visit family and friends. Traveling in the snow and other icy conditions can present driving challenges.

According to the National Safety Commission, 90 percent of traveling during the Thanksgiving holiday will be by car. Follow a few tips for safe driving to avoid a car accident this holiday season:

  • Slow down more than usual, and leave room between your car and the car in front of you. Your car may need more time to stop completely when suddenly breaking.
  • Don’t drink and drive – even buzzed driving can impair your judgment and cause a car accident.
  • Fatigued driving is also unsafe. The National Highway Safety Administration says fatigue is a factor in 12.5% of crashes that result in hospitalization. The NSC recommends stopping every 2 hours, or 100 miles.
  • Give yourself more time when scheduling trips to avoid speeding – or travel on off-days, such as the Tuesday before Thanksgiving instead of Wednesday. Often traffic may add another hour to the trip. Check road conditions and the traffic report to find the best possible route.

Being prepared in case of an emergency is also key to preventing injuries and death. Pack an emergency snow kit in your car trunk with a snow scraper/brush, flashlight, blankets, booster cables, a shovel, a bag of sand for tire grip, flares and a first aid kit. Remember to bring a cell phone and car charger, but be sure to pull over before using it to avoid distracted driving.

Bring your automobile to a mechanic and have it winterized before traveling. Have a certified mechanic check your oil level, tire pressure, windshield wipers, heater, defroster, antifreeze, and brakes.

Unfortunately, preventive measures may not always prevent a motor vehicle accident. If you or a loved one was seriously injured in a Michigan auto accident, talk with an experienced Michigan car accident lawyer.

National and State Distracted Driving Legislation Could Help Prevent Auto Accidents

Monday, October 25th, 2010

The U.S. Transportation Secretary, Ray LaHood, recently reported on the alarming nationwide incidence of auto accident injuries and deaths resulting from distracted driving. During the past year, nearly 6,000 people died, and half a million were injured in accidents involving inattentive drivers.

Each day, more than 800,000 vehicles are driven by people using hand-held cell phones. However, cell phones are not the only distraction, especially for many teenagers, who also use iPods and video games while they are behind the wheel.

Distracted driving is not a problem limited to personal motor vehicles. Commercial and public transportation operators have also been known to allow dangerous distractions to cause major accidents.

At the 2010 National Distracted Driving Summit, LaHood announced new anti-distracted driving regulations to combat auto accident injuries and deaths. These regulations will ban commercial truck drivers from texting while transporting hazardous materials.

Many other private and public organizations are supporting the campaign against distracted driving. The Network of Employers for Traffic Safety reported that 1,600 U.S. companies and organizations have instituted anti-distracted driving policies, covering approximately 10.5 million workers nationwide. An additional 550 organizations made commitments to adopt these policies, which will cover another 1.5 million employees within the next 12 months.

More than 200 distracted driving bills have been introduced in 46 state legislatures in the past year. Twenty-one states and the District of Columbia currently ban cell phones for new drivers, while 6 states and the District of Columbia ban cell phone use by all drivers.

Michigan auto accident law also has changed to combat the trend of distracted driving. The Michigan Legislature recently passed a state ban on texting, to help prevent Michigan car accidents. Earlier this year, lawmakers agreed to make it a primary offense to text while driving, so that police could pull over drivers for texting and only texting. The traffic fines for violators – $100 for the first offense and $200 for each subsequent offense – indicated the Legislature’s determination to decrease Michigan auto accident injuries.

Michigan auto accident attorney Mark Bernstein said: “Operating a motor vehicle requires a driver’s complete attention. Unexpected events, traffic congestion, changes in highway conditions, or sudden actions by other drivers or pedestrians, can lead to a tragic accident in a split second. By avoiding cell phone use and other distractions, Michigan motorists can protect themselves and others from serious auto accident injuries.”

The Sam Bernstein Law Firm is dedicated to increasing awareness about the dangers of distracted driving to prevent Michigan auto accidents, as well as protecting the legal rights of auto accident victims. If you or a loved one was seriously injured in an auto accident involving a distracted driver, contact an experienced Michigan car accident attorney immediately.

City of Troy’s message is clear: No distraction while driving.

Friday, July 30th, 2010

If you have to drive through Troy, Michigan today, make sure that is the only activity you are doing behind the wheel. As of July 29, 2010, the Distracted Driving Ordinance went into effect in the city of Troy, Michigan. There is no tolerance for eating, grooming, reading, writing, texting, talking on a hand held cell phone or anything that that could distract a driver and result in a failure to safely operate a vehicle.

From now until September 30, 2010, any driver who is caught by Troy Police and is driving while distracted will receive a warning and educational material about the new ordinance. Troy’s law is stricter than the state “No Texting” law that went into effect on July 1, 2010.

Beginning October 1, drivers in Troy will receive fines for distracted driving offenses. Texting while driving will carry a $200.00 fine. Listening or talking on a hand held cell phone while driving will carry a $75.00 fine. Driving while distracted with a common activity such as applying make-up, reading or eating will result in a $200.00 fine. The fines will carry no points.

Troy police department insists “Our goal is safety, not dollars.” According to the Insurance Institute for Highway safety, drivers using hand-held devices are four times more likely to get into crashes serious enough to injure themselves. Public Information Officer, Jim Feld stated, “For the past six months we’ve noticed an increase in the number of accidents involving distractions, judging from statements taken from drivers but we have no plans to set up certain areas to target drivers. We just want to keep everyone safe.”

The mayor of Troy also agrees with enforcing this ordinance. Mayor Louise Schilling stated, “We know people want to be safe and secure when driving their vehicles. By controlling distracted driving behaviors people help themselves and others around them avoid accidents, injuries and death.”

Below are tips from AAA to help manage distraction while driving:
• Recognize that driving requires your full attention.
• Use your cell phone only if absolutely necessary.
• If you must use your phone, choose a safe time and place, keeping the conversation short.
• Ask a passenger to place a call for you and, if possible, speak in your place.
• Do not compose, send or read text messages while driving. In Michigan, texting while driving is illegal.
• Ask passengers to help with directions or adjust dashboard controls.
• Secure loose items in the vehicle so they don’t become projectiles or distractions in a sudden stop or crash.
• Avoid intense, complicated or emotional conversations when driving.
• Pull over to care for children.
• Stop to eat or drink, rather than trying to eat or drink while driving.
• Get plenty of rest.
• Program your GPS prior to starting your trip.
• Allow plenty of time for your trip.

These simple but effective steps could save a life, possibly your own.

If you were in a serious auto accident involving a driver who was distracted while driving and have questions about your legal rights, contact an experienced Michigan auto accident attorney immediately.

Mark Bernstein of the Sam Bernstein Law Firm Reacts to Toyota Recall Repairs

Wednesday, March 24th, 2010

Toyota announced they will start fixing car and truck accelerator pedal safety issues this week to address concerns over unintended acceleration events that have resulted in two fatal auto accidents. After the voluntary recall of 2.3 million vehicles, Toyota believes they have a solution for sticking pedal problems.

“We have developed a comprehensive plan to fix the sticking pedal situation in recalled Toyota vehicles,” said Jim Lentz, President of Toyota Motor Sales, USA. “We know what’s causing the sticking accelerator pedals…We also know it is most important to fix this problem in the cars on the road.”

Secretary of Transportation Ray LaHood went so far as to advise in Congressional testimony today that owners ’stop driving’ recalled Toyotas. LaHood later changed his recommendation by calling his advice a ‘misstatement’ and suggesting that ‘If you own one of these cars, take it to the dealer. If you are in doubt, take it to the dealer and have them fix it.’

However, the National Highway Safety Administration is instructing owners to pay attention to how their accelerator pedals are working. If the accelerator becomes harder to depress or slower to return than normal, it may be a precursor to a safety issue. Then, NTSA says, “These vehicles should be parked and a dealer immediately notified. Should a pedal become stuck in a partially depressed condition while driving, owners should put their car in neutral, bring it to a stop and call their dealer.” Additionally, owners should remove all floor mats in vehicles associated with the entrapment recall.

Toyota has indicated that they will ship parts to dealers and begin dealer training immediately to fix sticking pedals. Toyota promises customers that dealers will be open extended hours to handle the repairs. Owners of recalled vehicles can expect notifications explaining how to contact dealers for servicing. Toyota and Pontiac vehicles included in the recalls are 2009-2010 RAV4, 2009-2010 Corolla, 2009-2010 Matrix, 2005-2010 Avalon, 2007-2010 Camry, 2010 Highlander, 2007-2010 Tundra, 2008-2010 Sequoia, 2009-2010 Vibe. Camry, RAV 4, Corolla and Highlander vehicles with VINs that begin with ‘J’ are not affected.

Owners who have suffered a car accident injury related to an unintended acceleration event should stop driving their vehicle immediately, get their vehicle towed directly to a Toyota dealership, and contact an auto accident attorney in their state to learn what remedies are available.

“Anyone who has experienced an auto accident due to a manufacturer’s safety defect should contact a qualified lawyer who is experienced handling auto accident cases,” recommends personal injury attorney Mark Bernstein. “If you or a loved one has been injured in an auto accident and have questions about your legal rights, contact an experienced auto accident lawyer who can advise you of your rights and the legal process for seeking compensation.”

New Snow Cleanup Procedures in Michigan

Monday, January 26th, 2009

In response to the rapidly raising costs and limited resources, the Michigan Department of Transportation (MDOT) and its contracting agencies are modifying how winter maintenance operations will be handled on state highways. This means some state highways may take longer to be cleared following a snowstorm. Revisions to maintenance activities are a reflection of Michigan’s transportation funding crisis, which is the result of falling state fuel tax revenues and vehicle registration fees, reduced purchasing power due to inflation and rising construction and materials (such as salt) costs.

This winter, state highways throughout Michigan will be designated either Priority Service Level I (Orange Routes) or II (Blue Routes). During snowfalls, there will be no change in winter maintenance operations. On orange routes, maintenance crews will work to clear the entire pavement of ice and snow both during and after a snow event, using overtime if necessary. The orange routes are MDOT-identified as highways of significance based on economic and travel trends.

On blue routes, maintenance crews will work to clear most snow and ice from roads. At a minimum, roads will be cleared for one wheel-track in each direction, by the conclusion of a snow event. The reminder of the snow and ice on blue routes will be cleared as soon as possible after the snow event without working overtime. While blue routes may be passable, they will not necessarily be completely clear until after snow has stopped accumulating.

MDOT also wants to correct the misconception that more salt is the cure for slippery roads in all cases. When temperatures fall to 10 to 20 degrees, the action of the salt (which lowers the freezing temperature of water) takes longer to work and refreezes at a much faster rate. When temperatures fall below zero to 10 degrees, the melting, dilution of the salt and the refreezing process accelerates even more. This causes the potential for a more dangerous condition than what previously existed.

MDOT encourages drivers to adopt the following winter driving tips:

  • Be cautious of bridges that can be icy when the approaching pavement is
    clear and dry.
  • Always wear your safety belt and be sure children are buckled up.
  • Slow down when visibility is low or when road conditions are snowy or icy.
  • Accelerate, brake slowly and avoid abrupt steering maneuvers.
  • Do not pump anti-lock brakes.
  • Keep at least a car length of distance between your vehicle and others.
  • Snowplow drivers need all the help they can get when it comes to
    maneuvering their large trucks through traffic and along the roadways.

    Everyone must do their part to ensure safer roads this winter. If you or a loved one is injured in an automobile accident, contact an experience attorney immediately.