March 28th, 2011 at 2:25 pm    
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:
Moving violation causing death, 1 year in jail
Moving violation causing serious injury, a 93-day misdemeanor
Reckless driving causing death, a 15-year felony
Reckless driving causing serious injury, a 5-year felony
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.
|
March 10th, 2011 at 2:26 pm    
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.
|
March 7th, 2011 at 1:38 pm    
The answer is YES. More often than not, the responsible party in a drunk driving accident is the intoxicated person who was driving the car that caused the accident. However, in some situations, a third party may be deemed liable for an accident caused by a drunk driver. Third party liability depends on many factors including the laws in the state where the accident took place and the jurisdiction of the court in which the case is being tried. A third party may be an individual (such as an employer, passenger, party host or law enforcement officer) or a business that provided alcohol (such as a bar or eating establishment). The situations may vary, but generally involve the third party having knowledge of the driver's intoxicated state and either failing to stop him or her from driving or providing him or her with more alcohol prior to driving. For instance, if a bartender continues to serve a visibly intoxicated individual with the knowledge that the individual will be driving (or fails to prevent the individual from driving) they can be held responsible for the accident. Also, if a police officer stops a car, sees that the driver is visibly intoxicated and allows him or her to continue driving the vehicle then the police officer could be held liable.
|
|
|
|
|
December 13th, 2010 at 3:24 pm    
I'm sure it doesn't come as a huge surprise to most people that when the 2009 traffic statistics were released by the National Highway Traffic Safety Administration (NHTSA) it showed that 18 percent of the distracted driving accidents from the year were involving cellphone use. In many states, the use of cellphones (unless with a hands-free device) is illegal, Michigan is NOT one of those states. But beware, this does not mean a cop can't pull you over for talking on one. A lot of cities in MI are creating their own Distracted Driving laws that allow police officers to write you a ticket for basically doing anything other than driving with both hands on the wheel. The US Transportation Secretary, Ray LaHood, has proposed a nationwide ban on cell phone use while driving, but many special interest groups and independent parties are opposed to it, believing that staying connected 100% of the time is more important than the safety of those around them. Our best advice as of right now for our fellow Michigan drivers would be to either get a hands-free device or limit your cell phone use while driving. Michigan winters make road conditions unpredictable, so drive safe and in case of an accident, call us toll-free at 1-800-708-LIFE(5433)
|
|
|
|
|
|
|
November 15th, 2010 at 2:40 pm    
Uninsured Motorist Coverage If the negligent driver that hit you did not have insurance, you may still be entitled to compensation for Third Party Benefits (pain and suffering, excess wage loss, etc.) if there is special insurance coverage on your vehicle, a vehicle in your household or the vehicle that you were in. The special coverage is called Uninsured Motorist Coverage (UM Coverage).
UM Coverage also applies if you are involved in a hit-and-run accident. If you can not identify the owner or driver of the other vehicle you may file a claim with your UM Carrier depending on the circumstances. Uninsured Motorist Coverage is inexpensive (a policy for $50,000 worth of coverage can be purchased for as little as $20 per year). You should check your policy and make sure that it provides for Uninsured Motorist Coverage. You should have at least $100,000.00 of uninsured motorist coverage.
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.
|