This Tuesday, President Obama signed a bill that requires automakers to add sounds to quiet cars, such as hybrids, in order to make them more detectable to the blind and other pedestrians.  Many electric and hybrid cars now-a-days are so quiet that they can't be heard by people who can't see them, thus creating an unsafe situation for "those who use senses other than sight to navigate the road" stated Senator John Kerry.  Kerry was the chief sponsor of the bill in the Senate, and a hybrid owner himself.  The new law will require all cars to meet a minimum sound level and must allow pedestrians to "reasonably detect a nearby electric or hybrid vehicle."  This law will potentially make the roads and crosswalks a safer place for pedestrians so we are happy to hear about it.  Under Michigan No-Fault law, if a pedestrian is hit by a vehicle they are most likely entitled to PIP benefits so if you or anyone you know was injured by a motor vehicle please call us toll free at 1-800-708-LIFE

We'd like to remind all Michigan drivers that if you're commuting through Troy today, the Distracted Driving Law is officially in effect!  The law came in to effect Saturday but we're sending out the reminder today since it's the first day back to work and school after the holiday for many people.  Bans include; talking on your phone, texting, eating, playing with pets, applying makeup and many more.  The ticket won't put any points on your record but fines can be anywhere from $75 to $200.

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!

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) 

When involved in an auto accident, it's very important to make sure you hire a knowledgeable and trustworthy attorney.  There are many incidences where victims/plaintiffs are being taken advantage of and getting less money than they should because things are overlooked either by your attorney or the court system.  Here is an example:  In a recent case, a man was being treated at Beaumont Hospital as a result of his auto accident.  He hired an attorney to assist in finding any applicable policies that may be responsible for paying medical bills, at the same time, his guardian filed a claim for his no-fault benefits with the Assigned Claims Facility.  After the claims facility investigated, they issued a check for the medical bills that was made payable to the plaintiff AND his attorney.  The attorney took a 1/3 fee even though the insurer and the medical provider reached an agreement without the assistance of the hired counsel.  Beaumont Hospital eventually appealed the award for the counsel and the decision was reversed by the courts. 

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.

Over the last several years, the higher courts in Michigan have whittled away, making it harder for plaintiffs to sue for many kinds of claims which were once areas people or the public were protected.  For example, the present law extremely limits the ability for an individual to sue a municipality, the County Road commission and the state of Michigan for any type of road defect.
This recent case (which can be read at the link below) shows that, in this attorney's opinion, the plaintiffs are held to a very high standard and some judges will use any excuse to throw the plaintiff's case out of court. Here the notice was required to be sent to the government agency. In the notice the area and alleged defect must be clearly stated. In reading the notice, it appears that the plant's attorney stated the pavement on the exit ramp at exit number such and such was defective for the eastbound traffic.  This is yet another reason to make sure your personal injury attorney is well-versed, well experienced and has handled many cases involving Michigan Road defects.
http://milawyersweekly.com/news/2010/11/24/governmental-immunity-highway-exception-inadequate-notice-of-alleged-defect/
 

Most everyone should know about the state-wide ban on texting while driving that took effect this past July in Michigan.  However, many of you may not know that a few cities in MI decided to take that opportunity to create new laws targeting distracted drivers; Troy is one of those cities.  This law allows police officers to ticket anyone who is driving poorly as a result of doing anything other than, well...driving.  It still doesn't add any points on your driving record but it does come with a steeper $200 fine for the first offense.

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.

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.
 

We have been discussing when no-fault benefits are paid to a Michigan motor vehicle accident victim.  There are a couple special situations that are worth mentioning.  For example if the victim who was injured was in a "vehicle for hire " like a taxicab  limousine  etc. or in a company car  the insurance company responsible for paying no-fault benefits is different. 
SPECIAL SITUATIONS:
Vehicles for Hire: If patient is in a Vehicle for Hire (limousine, shuttle bus) the Hired Vehicle's insurance company pays.  This does not include school buses, certain other buses or taxi cabs.
Company Car: If patient is injured and he has a car given to him or her to use by his or her employer, the only time that car's insurance company pays is if the patient was actually in that vehicle at the time of injury. 
 

Everything Rides On Your Tires

    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.