With new technologies making their way into people's everyday routines, it's no wonder that law enforcement would utilize technologies, such as GPS devices, in their investigations to locate suspects and monitor their actions.

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.

If you are insured with State Farm you may see a slight increase or decrease in your premium due to the company's annual vehicle insurance ratings for certain makes and models.

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.

As we begin to wrap up another year and welcome 2012, there are some important vehicle and motorcycle recalls that will be popping up that drivers should be aware of. Subaru, Honda, and Nissan will all be announcing recalls before or just after the New Year.

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.

Drive a hybrid? Or recently been on the fence about buying one? Then a recent study may spark your interest. The Highway Loss Data (HLDI) found that drivers of hybrids are 25 percent less likely to acquire injuries when in an accident than the average car and truck.

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.

According to a recent report from the AAA auto club, the average cost per fatal auto accident in the U.S. is $6 million.

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).

Do you own a Mini Cooper model S 2007 or 2008? If so, there has been a recent investigation you should know about. This Mini Cooper model has had reports of catching on fire, in some cases even when the car is not running.

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.

Today it is not uncommon to hear someone say "I'll tweet you," "Facebook me," or "Add me on Google Plus," so perhaps it should come as no surprise that your insurance company wants to connect with you on those very same social medias.

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.

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.