Winter weather seems to have arrived a little early in the Northern and Eastern parts of the country. With the news out of Buffalo about seven feet of snow, and the entire country reporting unseasonably low temperatures, it got me thinking about winter driving and how to potentially avoid crashes or injuries.

I asked my staff to share their winter driving tips*, and together we've created a list of our favorites to pass along to our readers.

Jess (Receptionist): Keep gas in your tank; ideally, you should have at least half a tank or more. Don't let it get below a quarter tank if you can avoid it.

Chrissie (Writer): Top up your windshield washer fluid before you leave your driveway! Also, invest in good wiper blades, they're worth it. And, scrape off your car… clear the snow from your windshield and lights and defrost the rear window before you leave.

Sean (Attorney): Drive with your lights on, always… day or night, good weather or bad.

Sue (Legal Secretary): Don't follow too close; leave yourself lots of room to stop. Obviously you should always do this, but it's even more important in bad or slippery weather.

Cris (Paralegal): Proceed with caution; slow down, it's not a race!

Kelly (Intake Specialist): Brake evenly when you need to. Avoid suddenly slamming on the brakes.

Eric (Attorneys): Stay home! If you don't need to go out, don't go out.

Finally, my tips:

• Check your tires: make sure the pressure is right, look for cracks or embedded objects, and watch for wear.
• Practice braking, turning, and other maneuvers in a safe place (like a parking lot) to make sure you know how your car is going to react in different weather conditions.
• Keep an accessible emergency kit inside your car. Include: bottled water; non-perishable snacks; a small shovel; sand or kitty litter; a blanket; hat and gloves or mitts; a towel or paper towels; First Aid kit; jumper cables; a flashlight and batteries; and anything else you might need if you get stuck in your vehicle.

To join the conversation or offer some driving tips of your own, find us on Facebook!

 *There's no guarantee that following these tips will prevent a crash or injuries. For more information about your rights if you have been injured in a car or motorcycle crash, by a semi truck, or in any other way, contact me directly as soon as possible after it happens so I can start working for you right away. 

Last week, the Michigan Senate took the first steps towards changing car seat laws in Michigan when they sent an approved Bill (SB  1135) to the House. The bill would bring Michigan's car seat laws in line with recommendations by the American Academy of Pediatrics.

The highlights of the bill are as follows:

• A child who weighs less than 30 pounds or is younger than 2 years old should be in a rear-facing car seat.
• A child between 30 and 50 lbs or aged 2 to 5 years can use a forward-facing car seat.
• A child shorter than 57 inches tall who weighs more than 50 lbs, or who is aged 5 to 10 years, can transition to a booster seat.

Speaking generally, a rear-facing seat is safer than a forward-facing seat; a forward-facing seat is safer than a booster; and a booster is safer than a regular seat with an adult seat belt. So really, the goal is to keep kids in the safest and most appropriate type of seat for their age, weight, and height.

For more information on this bill, visit the Michigan legislature online.

Well now you can! The OSVehicle Tabby is an open source, build-it-yourself vehicle that you can buy online and build in less than an hour!

_{^{Photo courtsey of The Huffington Post}}

The pieces are shipped to the customer with instructional videos available online. The kit includes four wheels, two seats and an electric powertrain and battery pack. It can be purchased for $4,200.

However, this model does not include body panels, lights or a windshield, meaning the Tabby is not street legal. You can upgrade to the Urban Tabby model that is street legal, but only in the UK.

You will have the option to purchase an electric motor, gas engine or gasoline-electric hybrid and the Tabby will be able to reach speeds of 50 mph.

An article in the Huffington Post had this to say about the Tabby “Overall, the vehicle appears to be a unique way to bring inexpensive transit to the do-it-yourself crowd. It also looks like the perfect project for those who have yet to master the art of welding, but have graduated past building Legos.”

For more information, click here.

The NHTSA has said that some consumers have had to cut the straps to remove children from the car seat.

The recall includes 11 models made from 2009 to 2013 by Graco Children's Products Inc. of Atlanta. The models are Cozy Cline, Comfort Sport, Classic Ride 50, My Ride 65, My Ride 70, My Ride 65 with Safety Surround, Size4Me 70, My Size 70, Head Wise 70, Smart Seat, Nautilus 3-in-1, Nautilus Elite and Argos.

According to the NHTSA this is the fourth largest recall of child seats in the U.S. and the is recommending that another seven infant car seats models that use the same buckles should also be recalled. They also began an investigation of EvenFlo child safety seats which have a similar design to the recalled buckles and may use buckles by the same manufacturer, AmSafe Commerical Products, Inc.

Graco has reported that food or beverages can make the harness buckle sticky and harder to use over time. They have not recalled the rear facing infant models because infants do not get food or drinks on their seat according to a Graco spokesperson.

Graco has released cleaning tips for the buckles and began sending replacement buckles to owners last year with instruction on how to replace them.  They also have reported that there have no reported injuries from the defective buckle.

Parents should check seat buckles and contact Graco for a replacement if they have not already received one . See photo below for recalled buckles:

For more information visit: http://autos.yahoo.com/news/graco-recalling-nearly-3-8m-190204447.html?vp=1

____________________________________________

^{Photo from http://finance.yahoo.com/news/crash-test-dummy-dogs-seat-231900414.html}

Recently, the nonprofit center for Pet Safety in Reston, Va., joined forces with Subaru to test 11 pet safety belts to find out which restraints work well enough to earn a seal of approval from pet-advocacy groups and to help establish a standard for pet restraints. 

• Refrain from using cell phones while driving.
• Put your cell phone on silent or in the glove box to avoid temptation.
• Safely pull over and put the vehicle in park to take or make a call.
• Always wear a safety belt – every trip, every time.
• Make sure every passenger is wearing his or her safety belt before you begin your drive.
• Have children sit in the back and use the proper child safety seat or booster seat.
• Never leave a child or pet unattended in a vehicle, especially during hot weather.
• If you plan to drink, designate a non-drinking driver.

• Always supervise a barbecue grill when in use.
• Never grill indoors – not in your house, camper, tent, or any enclosed area.
• Make sure everyone, including the pets, stays away from the grill.
• Keep the grill out in the open, away from the house, the deck, tree branches, or anything that could catch fire.
• Use the long-handled tools especially made for cooking on the grill to keep the chef safe.
• Never add charcoal starter fluid when coals have already been ignited.
• Always follow the manufacturer's instructions when using grills.

• Never allow young children to handle fireworks – older children should use fireworks only under close adult supervision.
• Light fireworks one at a time, in a clear outdoor area away from onlookers, houses and flammable materials.
• Do not aim fireworks at another individual and never place any part of your body over a firework.
• Keep a bucket of water nearby to fully extinguish fireworks that don't go off or in case of fire, and do not try to re-light or handle malfunctioning fireworks.

• Never give fireworks to small children, and always follow the instructions on the packaging.
• Make sure the person lighting fireworks always wears eye protection.
• Light only one firework at a time and never attempt to relight "a dud."
• Store fireworks in a cool, dry place away from children and pets.
• Never throw or point a firework toward people, animals, vehicles, structures or flammable materials.
• Leave any area immediately where untrained amateurs are using fireworks.

If you or a loved one has been injured in an accident, don't hesitate to contact us for FREE advice.  Call 1-800-708-5433!

• Be suspicious of any calls, e-mails, or texts who claim to be a court official.
• Another hint it's a scam, if they ask for your social security number to avoid arrest.
• Be leery if they ask for immediate payment to avoid arrest.
• Do not give out any personal information such as social security, bank or credit card information.
• Report any suspicious active to the authorities and call the court that the caller is claiming to be from. Besides attempting to scam victims out of money, callers can also be charged for posing as court officials.

• Received an eligibility letter from the State of Michigan.
• Received a minor traffic ticket (not a criminal offense).
• Hold a valid, non-commercial driver's license
• Have 2 points or fewer on their driving record.
• Received a violation of 3 points or fewer, NOT for careless or negligent driving.
• Have NOT completed the program before.
• Does NOT have a restricted or suspended license.

School buses

• Flashing Yellow Lights. When you're approaching a school bus that has flashing yellow lights it is to alert drivers on the road that it preparing to stop to either pick-up or drop of children. Drivers are to proceed with caution.

• Flashing Red Lights. A bus using flashing red lights to alert drivers that the bus has stopped and is letting children on or off the bus. Drivers are to STOP. Once the flashing lights are turned off and the bus begins to proceed, it is then ok for drivers to proceed as well. If a driver violates this law there can be serious consequences, such as a traffic fee or even 100 hours of community service to be served at the school. Please see the full version of the law below:

• 257.682 Stopping for school bus displaying flashing red lights; exception; violation as civil infraction; meeting stopped school bus on divided highway; evidence; community service.

• Sec. 682. (1) The driver of a vehicle overtaking or meeting a school bus which has stopped and is displaying 2 alternately flashing red lights located at the same level shall bring the vehicle to a full stop not less than 20 feet from the school bus and shall not proceed until the school bus resumes motion or the visual signals are no longer actuated. At an intersection where traffic is controlled by an officer or a traffic stop-and-go signal a vehicle need not be brought to a full stop before passing a stopped school bus, but may proceed past the school bus at a speed not greater than is reasonable and proper but not greater than 10 miles an hour and with due caution for the safety of passengers being received or discharged from the school bus. The driver of a vehicle who fails to stop for a school bus as required by this subsection, who passes a school bus in violation of this subsection, or who fails to stop for a school bus in violation of an ordinance that complies with this subsection, is responsible for a civil infraction. (2) The driver of a vehicle upon a highway which has been divided into 2 roadways by leaving an intervening space, or by a physical barrier, or clearly indicated dividing sections so constructed as to impede vehicular traffic, need not stop upon meeting a school bus which has stopped across the dividing space, barrier, or section. (3) In a proceeding for a violation of subsection (1), proof that the particular vehicle described in the citation was in violation of subsection (1), together with proof that the defendant named in the citation was, at the time of the violation, the registered owner of the vehicle, shall constitute in evidence a presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation. (4) In addition to the civil fine and costs provided for a civil infraction under section 907, the judge, district court referee, or district court magistrate may order a person who violates this section to perform not to exceed 100 hours of community service at a school.

• Make sure to not block crosswalks. They are there to allow pedestrians a safe route when crossing traffic.

• Obey school speed limit zones. Children may not stay in the designated crosswalks, so it's important to be at the appropriate speed to give you enough time to react should a child dart in front of your car.

(National Safety Council, Itasca, IL., Back to School: Safety tips for motorists.

http://www.nsc.org/safety_home/SafetyObservances/Documents/

Back%20to%20School/Back%20to%20School%20Safety%20Tips%20for%20Motorists.pdf).

• Talk to them about traveling to and from school safely. Stress the importance of using the crosswalks and sidewalks.

• When traveling with children in the car make sure they are all belted in appropriately. The National Highway Traffic Safety Administration recommends for babies infant-only or rear-facing convertible seats with harness straps at or below the shoulder. Children over one year and between 20-40 lbs should ride in a convertible/forward facing seat with harnesses at or above the shoulders. Children ages eight and older should be in forward-facing booster seats with the seat belt fitting low and tight across the lap or at the upper tight and chest.

(Jiffy Lube, Safety Tips for Back to School, http://www.jiffylubeca.com/safety_tips_back_to_school.php).

• Set restrictions on the number of passengers allowed in the car at one time. According to the Insurance Institute for Highway Safety, just one passenger increases a teen's chance of an accident by 48%.

• No cell phones! The National Safety Council reports that 23% of all accidents a year involve distraction from a cell phone.

• Seat belts are not optional. Buckling up can reduce the risk of accident related injuries by 50% according to the National Highway Traffic Safety Administration.

(National Safety Council, Itasca, IL.

Teen Driving Safety: Graduate Driver Licensing saves lives.

http://www.nsc.org/safety_home/SafetyObservances/Documents/Back%20to%20School/Teen%20Driving.pdf).

• Always lock your car when unattended. Set alarms or any other anti-theft devices.
• Invest in locking lug nuts, easy-to-steal tires and rims are a huge target for thieves.
• Park your car in the garage whenever you can.
• Take with you or hide all personal belongings and valuables.
• No car is worth your life, so in the event of a carjacking give them the keys. Most times a carjacking will involve a weapon, it's not worth the risk.

• $1,000 if the tips leads to the arrest and prosecution of a suspected car thief or person suspected of auto-theft related insurance fraud or identity theft.
• $2,000 for information leading to the issuance of a warrant for a carjacking suspect.
• $10,000 if it results in an arrest and binding over for trial of suspected theft ring or chop shop operators. (H.E.A.T. Keeps Drivers Safe from Car Thieves This Summer, Press Release, The Wall Street Journal)

• New Jersey: the NJSPCA has the right to stop a driver if they see unsuitable transportation of any animal. The price range for such a ticket is from $250-$1,000. The driver can also face a disorderly person's offence under animal cruelty laws.

• Hawaii: has a law specifically prohibits driving with a pet on one's lap.

• Arizona, Connecticut and Maine: can charge drivers for distracted driving if driving with a pet on the lap.

• Rhode Island: a proposed legislation has been written by Democratic state Rep. Peter Palumbo to classify driving with a dog on the lap as a distracted-driving violation.

• Dog harnesses: these go around the body and clip right into the already existing seat belt.

• Dog safety seats

• Travel crates or carriers

• A motorcycle IS a vehicle with all rights and privileges of any other motor vehicle.

• Be sure to give a motorcycle the full lane width.

• Always scan the road for motorcycles by checking your mirrors and blind spots when at intersections, making turns, and before switching lanes.

• Make it a habit to always use your turn signal to alert others on the road of your intentions.

• A flashing signal on a motorcycle could be the motorcyclist's way of signaling a turn OR it may be a feature of the bike. Flashing headlights are becoming more common to make the bike more visible to other motorists on the road. So always use caution and wait to see if the motorcyclist intends to turn at the intersection or not.

• Never tailgate a motorcycle (or anyone for that matter!) Give them room to maneuver.

• Try your best not to become distracted while driving. This is important for you and everyone else on the road. (Remember last month was Distracted Driving Awareness Month!)

(Motorists: Watch for, recognize motorcycles,

http://newstrib.com/main.asp?SectionID=2&SubSectionID=29&ArticleID=19069).

These were just a few tips to remind you of how to look for and proceed around motorcycles provided by the Illinois Department of Transportation. Safe driving!
 
 

We all know that distracted driving has become common place, but did you know how damaging it can really be? Here are some alarming statistics that illustrate the outcomes:

• Text messaging while driving makes you 23 times more likely to be involved in a crash.
• Sending or receiving text will keep your eyes off the road for about 4.6 seconds. In that amount of time traveling at 55mph you will have traveled the length of a football.
• Using your cell phone while driving reduces the amount of brain activity needed to drive by 37%.
• Reports from 2009 show that 5,474 people were killed in car accidents that involved a distracted driver and about 448,000 people were injured.

(Official US Government Website for Distracted Driving,

http://www.distraction.gov/stats-research-laws/facts-and-statistics.html ).
 

Distracted driving has become such an issue that 37 states, the District of Columbia and Guam have banned texting all together. Some have a primary law, which means the driver can be ticketed for distracted driving alone, no other violation is required, while other states have a secondary law, where the driver must first commit another  violation in addition to the distracted driving. To find out the law in your state visit: http://www.distraction.gov/stats-research-laws/state-laws.html

The purpose of the NYAIP is to insurance drivers who have no other insurance company to turn to as they have been denied coverage during auto insurance comparisons, and have been determined has having too many tickets or accidents. Those who used NYAIP already pay a higher rate when compared to others; however it is going to increase starting in June, up 21.4 percent. The last increase for this state-run program coverage was a year ago, having increased by 15 percent, (New York Raising Insurance Rates for High-Risk Drivers, Ben Zitney, Online Auto Insurance,

http://news.onlineautoinsurance.com/rates/new-york-high-risk-car-insurance-rates-96768).

This means that the average premium will now be $2,283 increasing on average by $403 a driver.

The reason for the increase is due to looking at the losses during the years of 2007-2009. However, fewer and fewer drivers are enrolled in the program as there has been a 50 percent drop of policy holders from 2006 to the present.

Governor Rick Scott believes the reform is needed because “increases in staged accidents, fraudulent claims and litigation have caused premiums to skyrocket,” (Tampa Bay Times, Tia Mitchell, After tense debate, PIP reform passes Florida Legislature,

http://www.tampabay.com/news/business/autos/after-tense-debate-pip-reform-passes-florida-legislature/1219334).

The next step is for the legislation to be passed to the desk of the Governor's desk.
The main changes that Governor Scott will be looking over are:

• Allotting 14 days for an injury party in an auto accident to seek medical attention.
• PIP (Personal Injury Protection) will cover a chiropractor, but not message therapists or acupuncturists.
• Attorney fee caps will be removed.
• Ban multipliers by judges that are used to increase fees awarded in complex cases.
• Permit insurance companies to examine consumers under oath when investigating potential fraud.

Florida will commission a study of the new PIP law to calculate how much policyholders will actually save in the long run. Once the study is completed and conclusions drawn, insurance companies will need to adjust their rates in order to meet specific thresholds in the following months, (Tampa Bay Times, Tia Mitchell, After tense debate, PIP reform passes Florida Legislature).

One concern insurers have is that PIP already exceeds premiums which could make it difficult to add up to any savings.

Overall though, insurance companies have embraced the change, waiting to see what comes of it. “There is enough in the bill to improve the no-fault law that we think we should try it,” said Michael Carlson, executive director of an organization that represents State Farm, Allstate and Progressive, (Tampa Bay Times, Tia Mitchell, After tense debate, PIP reform passes Florida Legislature).
 

DOs

DO check the medical condition of you, your passenger/s and others involved in the collision.

DO call the police and medical personnel if necessary.

DO cooperate with law enforcement and medical personnel.

DO obtain the license plate numbers of all other vehicles involved in car accidents and the drivers' names, addresses, telephone numbers, and insurance information.

DO write down the names, addresses, and phone numbers of all witnesses to the accident.

DO contact your insurance company.

DO take photographs of all of the following as soon as possible after the accident:
• The scene of the accident, from all angles.
• The surrounding area.
• The product or animal that caused your injuries.
• Your injuries.
• Any property damage.

DO contact your attorney.

DON'Ts

DON'T move your vehicle after an automobile accident unless necessary for safety or required by law.

DON'T put yourself further into harm's way by standing or waiting in an area of traffic.

DON'T leave the scene of an accident until law enforcement gives permission to do so.

DON'T throw away any potential evidence in the case, such as defective products, or torn or blood-stained clothing.

DON'T engage in discussions as to fault with anyone, and make sure you don't apologize for anything-it can be considered evidence that you were legally at fault.

DON'T agree to settlement terms without contacting your attorney.

(Dos and Donts provided by: Hinkle, Jachimowicz, Pointer & Emanuel

http://injury.findlaw.com/personal-injury/personal-injury-law/dos-and-donts-of-personal-injury.html).

If you don't own a digital camera keep a disposable one in your car, as well as a first aid kit, and orange traffic triangles to alert passing vehicles of the accident. Keep index cards handy to write down names, license plate numbers, address, and phone numbers of those involved in the accident. You may not be able to avoid an accident, but keeping this list handy could potentially keep you from further harm and legal issues.

The U.S. Supreme Court recently decided that law enforcement agencies are required to obtain a search warrant before using devices such as GPS to track a suspected criminal.

This came into light in the conviction of Antoine Jones of Washington, D.C. for cocaine trafficking, who was originally sentenced to a life in prison. However a unanimous decision to overturn the conviction was made because the police did not have a warrant in 2005 when they used a GPS device to detect his vehicle's location. This brought to the table a new issue of when and how is it acceptable to use a GPS device when collecting evidence, (Supreme Court rules GPS tracking unconstitutional without a warrant; local agencies adjust, Brad Devereaux).

Police agencies seem to not be that concerned that this will put a halt or kink in their criminal investigations. As Defective Lt. Jeff Anthony who is the Section Commander of the Bay Area Narcotics Enforcement Team (BAYANET) sees it, "it's another formality. We were thorough (before the law changed). We had the probable cause necessary during the initial investigation. The only difference is now it has to be approved by a judge," (Supreme Court rules GPS tracking unconstitutional without a warrant; local agencies adjust, Brad Devereaux,

http://www.mlive.com/news/saginaw/index.ssf/

2012/02/supreme_court_rules_gps_tracki.html).

Justice Samuel Alito among those who unanimously decided in favor of Jones thinks the public may have to form a different opinion on the matter as GPS tracking become prevalent in police investigations. These GPS locators "may provide increased convenience or security at the expense of privacy and many people may find the tradeoff worthwhile. And even if the public does not welcome the diminution of privacy that new technology entails, they may eventually reconcile themselves to this development inevitable," or in the end it may spring legislation into action against such intrusions, (Supreme Court rules GPS tracking unconstitutional without a warrant; local agencies adjust, Brad Devereaux).

As new technologies arise and are utilized in criminal investigations, we may see legislation taking action to protect rights, or set limitations and requirements when using these devices.

There are risks that come with insuring a specific type of vehicle and so the insurance company uses data on claims payments in order to calculate that risk for certain makes and models. This is done once a year in order to keep the calculations as accurate as possible. Other factors that go into the calculation are on an individual basis such as the policyholder's driving record, claims history, and location. This claim information will be used to "create separate indices that reflect the ricks of collision damage as well as damage and theft, with that information used to help determine premiums for collision and comprehensive coverages," (State Farm Insurance Updates Annual Vehicle Ratings, John Pirro, Online Auto Insurance News,

http://news.onlineautoinsurance.com/rates/state-farm-car-insurance-annual-ratings-95603).

State Farm also totals the claims which included injury to the drivers of the insured vehicle. Certain makes and models could potentially be eligible for a discount on their car insurance. The amounts paid out due to damages to other vehicles in a collision and their passengers' injuries were also calculated in order to help set up premiums for liability coverages, (State Farm Insurance Updates Annual Vehicle Ratings, John Pirro, Online Auto Insurance News).

The difference policyholders will see in their premiums next month? Well State Farm spokesman Dick Luedke says "it may go down a little, it may go up a little based on what the claims data shows. But we're talking a very small amount," (State Farm Insurance Updates Annual Vehicle Ratings, John Pirro, Online Auto Insurance News). State Farm wants this vehicle ratings system to service as a guide for consumers when shopping for new vehicles.

Honda's recall will involve 126.000 GL-1800 motorcycle from 2001 to 2012 models. The reason for the recall, “a problem with a secondary brake master cylinder can cause the rear break to drag, potentially causing a crash or fire,” (Subaru, Honda, recall vehicles due to brake issues, The Associated Press, CBS News

http://www.cbsnews.com/8301-505245_162-57336702/subaru-honda-recall-vehicles-due-to-brake-issues/

). Honda submitted documentation to the National Highway Traffic Safety Administration and in the documents included the report of 26 complaints, of which two involved fires.  Look for this recall in early January.

The Subaru recall will include about 32,000 Legacy, Outback, Impreza 2012 models. The issue with these being that there is a defect in the brake master cylinder, which has the potential to cause the brake pedal to travel further than expected, (Subaru, Honda, recall vehicles due to brake issues, The Associated Press, CBS News). Although luckily no accidents have been reported, Subaru has a reported 112 complaints in regards to the defect from their dealerships. Another plus, “only about 3,000 of the cars were sold, and the rest are either on dealer lots or en route to dealers. They will be fixed before being sold,” (Subaru, Honda, recall vehicles due to brake issues, The Associated Press, CBS News). This recall will begin later this month.

In both in of these recalls owners of these models will be instructed to bring in their vehicle to a dealership for inspection, and if the defective is present, replacement parts will be available.

The Nissan recall involves more than 7,000 of the Rogue crossover from 2011. The reason for this recall; an issue with the potential failure of the electric power steering. Nissan filed documents with the NHTSA that indicated that “as the circuit board fails, the power steering assist features will stop functioning, increasing the force needed to steer the vehicle and increasing the risk of a crash,” (Subaru, Honda, recall vehicles due to brake issues, The Associated Press, CBS News). Thankfully, no accidents have been reported due to this defective however.

The reason? The data obtained from the HLDI study accounts it to weight. The battery packs and other components make these fuel efficient vehicles 10 percent heavier than the average car.

The author of the report and vice president of the nonprofit research organization Matt Moore, concludes it is this "extra mass that gives them an advantage in crashes that their conventional twins don't have," (HLDI Study Shows Positive Safety Trend for Hybrid Vehicles, John Pirro, Online Auto Insurance,

http://news.onlineautoinsurance.com/consumer/hybrid-vehicle-crash-car-insurance-study-95564).

It all comes down to the calculation of force. In a collision between two different vehicles; the heavier, larger car will push the lighter upon impact. This means "less force on people in the heavier vehicle and more on the people in the lighter one. Greater force means greater risk, so people in the smaller, lighter vehicle are more likely to be injured,"(HLDI Study Shows Positive Safety Trend for Hybrid Vehicles, John Pirro, Online Auto Insurance).

To give you an idea of the difference in weight, one example from the study found that the hybrid Honda Accord midsize sedan weighs in at about 3,600 pounds, that's 480 pounds more than the conventional Accord model.

So what does this mean for hybrid owners and potential buyers? In years past eco-conscious drivers had to for-go safety for fuel economy, but after this study it appears that may no longer be the case, as Moore says "saving at the pump no longer means you have to skimp on crash protection," (HLDI Study Shows Positive Safety Trend for Hybrid Vehicles, John Pirro, Online Auto Insurance).

It is unclear if this will have an effect on hybrid owner's insurance policies. This specific study looked at the first-party coverage only, which is the policyholder's and their potential passengers in the event of an accident. If there were to be any reduction in insurance costs it would be limited to those coverages, the policyholder's own, (HLDI Study Shows Positive Safety Trend for Hybrid Vehicles, John Pirro, Online Auto Insurance). Although this study may attract the attention of insurers, it is fairly standard that rates are adjusted and calculated based on the insurance company's own internal data.

The report compared drivers' costs while in traffic congestion within 99 different urban settings to that of the cost of the nation's motor vehicle accidents, and the outcome was that the cost of collisions was three times that of congestion at $299.5 billion to $99.7 billion, (AAA: Fatal motor vehicle crash cost $6 million, Larry Copeland, USA Today,

http://www.usatoday.com/news/nation/story/2011-11-02/fatal-vehicle-crashes-cost-millions/51051030/1). Within that $99.7 billion due to congestion is the cost of gas used while idle plus the amount of time the driver wastes sitting in traffic. These two estimated amounts come from the Federal Highway Administration statistics which place dollar value on these factors: "property damage, lost earnings, loss of household activities, medical costs, emergency services, travel delays, vocational rehabilitation, lost time at work, administrative costs, legal costs, pain and suffering, and lost quality of life," (Larry Copeland, USA Today).

The director of federal relations for AAA Chris Plaushin, states that the auto club "wanted to raise the profile and raise the awareness. Right now, it's jobs, it's construction, it's economic growth that are being talked about. This part of our effort is to bang the drum about safety," (AAA: Fatal motor vehicle crash cost $6 million, Larry Copeland, USA Today). Although it may be common knowledge that auto collisions are costly, when looking at it from a national perspective rather than an individual one, the costs and rates become alarming. That's why Plaushin hopes that studies such as this most recent one will help bring attention to the matter and hopefully result in solutions that potentially could prevent such costs and accidents.

Beyond the cost of this matter, another need for attention is that auto accidents are the leading cause of death for those ages 5-24 in the US. Saving money, but more importantly saving lives will hopefully be the outcome from this study. Suggestions from the AAA to reduce fatal crashes and financial burden due to auto accidents are installing more cable barriers along medians to prevent crossover accidents, modernized roundabouts and rumble strips, (Larry Copeland, USA Today).

The National Highway Traffic Safety Administration received a dozen complaints of engine compartments starting on fire in the 2007 and 2008 S models of the Mini Cooper Clubman and Cooper Convertible, (NHTSA Investigation Reports of Mini Cooper Vehicle Fires, Gregor McGavin, Online Auto Insurance,

http://news.onlineautoinsurance.com/consumer/nhtsa-safety-investigation-car-insurance-95318). Of those twelve reported five of the vehicles were completely destroyed, and eight of the complainants claimed the fire occurred even though the ignition was off.

This same model of vehicle, but manufactured from November 2006 to July 2008, was recalled in April. About 28,500 cars were recalled due to 50 reports of owners being burned by the exhaust pipes because they came out too far from the bumper. Of these reports there were several significant second-degree burns that caused blistering and scarring, one even resulted in a third-degree burn, (Office of Defects Investigations of the National Highway Traffic Safety Administration).

The clear concern here is that the owners of these vehicles could potentially become injured as a result of this defect. However; another issue is that owners could have difficulty with their insurance coverage. It is unlikely that motorists would be "found financially liable for damages that are proved to have been caused by defective automotive equipment, they could still face the sometimes lengthy process of seeking reimbursement under their automobile insurance coverage policy," (NHTSA Investigation Reports of Mini Cooper Vehicle Fires, Gregor McGavin, Online Auto Insurance,

http://news.onlineautoinsurance.com/consumer/nhtsa-safety-investigation-car-insurance-95318).

Luckily, no injuries have resulted of the dozen recently reported engine fires. However; the National Highway Traffic Safety Administration has yet to determine if a recall is necessary. If that does end up being the outcome, 36,000 Mini Cooper S models will be affected.

A recent study conducted by Boston-based research and advisory firm, Celent, showed that within the next three years it will become common practice for insurers to use information found on such social medias as Twitter, Facebook, etc. to reveal risk, much like how auto insurers in some state look at credit history, (Report: Insurers to Make Greater Use of Policyholders' Social Data, Online Auto Insurance, Gregor McGavin, http://news.onlineautoinsurance.com/companies/social-media-and-car-insurance-95305).

This type of search has already begun somewhat in case of questionable claims. One such example "is when an individual claimed a ‘debilitating, work-related injury.' But when the investigator checked out the claimant's social media profile, there were photos of the individual performing activities like breakdancing," (Report: Insurers to Make Greater Use of Policyholders' Social Data). Mike Fitzgerald, a senior analyst with Celent's insurance group and co-author of the report believes that "the information that is posted by individuals on multiple sites reflects their preferences, lifestyles, and habits." Clearly with regards to the breakdancer with a bad back, insurers could potentially have the ability to eliminate false claims.

What would be the underlining use for the information gathered on policyholders? To determine "grounds of deniability, identify sources of income, collect ‘additional evident in litigation' and discover information the claimant has hidden from the insurer," (Report: Insurers to Make Greater Use of Policyholders' Social Data). Of course with this come some legal and ethical issues. Several employers already utilize social medias to determine a qualified applicant. Insurers have brainstormed to come up with a few ideas to encourage policyholders to allow access to their social profiles, "one methods is possibly offering discounts to policyholders who do so, including those who are checking car insurance quotes online in search the best deals," (Report: Insurers to Make Greater Use of Policyholders' Social Data).

Social medias however tend to attract a specific age demographic, with 77 percent being between the ages of 18-29, 55 percent between the ages of 30-49 and only 23 percent 50 and older. So with these statistics, it appears that insurers will potentially have an easier time collecting data on their younger policyholders.

With new technologies it is necessary for companies to adapt their companies as advances are made as to not get left behind. Celent believes this as "the use of data in other processes is a natural evolution for insurers' engagement with customers. Insurers already improve customer experience by leveraging third-party data and, over time, social date will be added into the mix," (Report: Insurers to Make Greater Use of Policyholders' Social Data). A social profile can tell you a lot about a person depending on how much one shares, it's no wonder that insurance companies wouldn't mind collecting that data on a larger scale to take a peek in their policyholders' lifestyles to see how they really live, and not rely solely what's put on paper.

An unfortunate part of our law practice is when there is a motorcycle or auto accident that involves a death.　 Our part in these situations is to handle the wrongful death civil case.　 However, there is often a criminal side to these cases where the At-Fault driver can be charged criminally for his or her actions. In this situation, we act as the victims' advocates. The criminal case is prosecuted by the State.

Until very recently, a prosecutor's options were limited. The most common crime to charge in dealing with an accident causing death was to criminally charge the at-fault driver with negligent homicide, which carries with it the potential for two years in prison and a mandatory license revocation for one-year.　 This created a dilemma for many prosecutors when investigating these accidents because some of them are just that to the prosecutor's office-- an accident. Often jail time, again to the prosecutor's office, doesn't seem like the proper punishment.　 A local prosecutor described this type of situation as "the only thing where simple negligence can result in a charge with felony penalties."

On October 31st, 2010 the negligent homicide law changed along with statutes that most prosecutors and criminal attorneys say are better for handling serious-injury and fatal crashes when a driver is at-fault.

Along with negligent homicide, involuntary manslaughter and felonious driving (all long-existing options) new charges have been added, including one that is a misdemeanor.　

The new charges and their potential penalties are:

The general response from prosecutors about the new range of charges has been good. 　Police seem to like it as well since now they are not always forced to write tickets to at-fault drivers that could potentially put the person in prison for a long time. No matter what the charge, we will still be there bringing the concerns of the family into the process and making sure the family's voices are heard.

The whole idea behind these types of laws is to increase driver safety and reduce crashes for all Michigan drivers.  So, MI Motorists, put down your cell phone and keep two hands on the wheel, It's The Law!

By sharing this story with you we are trying to make all victims and potential plaintiffs aware of the importance of finding the right attorney who will be fighting for YOU, not for the money.

Apparently the city of Troy, MI has been a little behind in educating the population about the new law because no signs have been posted anywhere in the city and city members have been protesting at almost all of the city council meetings.  Because of the local uproar, Troy has decided to postpone the ban on distracted driving until 2011.  Warnings are being issued but no tickets are being written to distracted drivers, except for those breaking the state law against texting.

Underinsured Motorist Coverage
Another important type of insurance coverage is called Underinsured Motorist Coverage. If a negligent driver/owner causes an accident and has a small insurance policy that does not compensate you for the full extent of your injuries, then you may obtain additional money from your own insurance company.
Example: If you shatter your leg and have surgery but you will limp for the rest of your life, your injury arguably could be worth $100,000.00 in pain and suffering damages.  If the negligent driver/owner only has a $20,000.00 bodily injury liability policy and you purchased $100,000.00 of Underinsured Motorist Coverage, you potentially may recover the $20,000.00 of the negligent driver/owners insurance company and up to an additional $80,000.00 from your insurance company, for a total recovery of $100,000.00.
Not all insurance companies offer Underinsured Motorist Coverage.  Do not assume that you have it, even if your declaration page lists coverage for “UM.”

How to Lower your Auto Insurance Rates:
Use an independent agent:  Many agents are “captive” agents which means they can only sell the insurance policies of the company that they work for.  You can use an Independent Agent to shop for the best price among several different companies. 
Exclude "high risk" drivers from your policy:  Your insurance rates can skyrocket if you have a teenage driver or a driver with a bad driving record on your policy.  One way to reduce your insurance rates is exclude that driver from your more valuable vehicles.  Then, provide that driver with a less valuable vehicle and make sure that it is the only vehicle that he or she uses.
 

    All tire manufacturers know that with proper use, tire treads will wear out and eventually need to be replaced, however, a surprising number of drivers aren't aware of when their tires should serviced.  Did you know that all tires have an expiration date that is required to be printed directly on the tire?  Many of you know about some common tire maintenance such as checking pressure, tread-wear and getting tires balanced and rotated but to avoid major failures and blowouts there needs to be more education about tire shelf-life and their expiration dates.

    Most new tires are estimated to last around 70,000 miles and the NHTSA says that regardless of use or mileage tires should be replaced after 6 years, which is fine if a consumer is buying their tires "brand new" but what about tires that sit in a warehouse for years before they are sold or ever put on a car?  The U.S. Department of Transportation has worked out a system that should make it easier for all consumers to know when their tires were made and when they should be replaced, it's as simple as looking at your tire...

    On the outside sidewall, usually near the rim or hubcap there will be a number preceded by "DOT" which means that this tire meets all the Department of Transportation's standards.  This will be followed by either 2 numbers or letters that will indicated where the tire was made.  Following the manufacturer's numbers will be the information about the tires age.  All tires made after the year 2000 will have a 4-digit code:  The first two digits indicate the week of the year in which the tire was made so 01 would mean it was made in the first week of the year, and so on until 52.  The last two digits indicate the year so 05 would mean it was made in 2005.  For example 1607 would mean that the tire was made in the 16th week of the year 2007.

    For more information on tire safety we recommend you contact your local Department of Transportation.