April is the month that brings May flowers, but more importantly it is also Distracted Driving Awareness Month! As April comes to a close let's try to keep these statistics in mind and eliminate distracted driving the rest of the 11 months of the year!

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 thank you letter Jason received from the Michigan State Police for his work at the Michigan Traffic Safety Summit to help PREVENT accidents.

The big apple is going to take a big chunk more from high-risk drivers. Recent rate filings explain that more than 90,000 NYC drivers who have been determined to be high-risk drivers and therefore are enrolled in  the New York Automobile Insurance Plan (NYAIP) can anticipate an increase in their rates come this June.

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.

This past Sunday, April 1, 2012, a motor home crash in Kansas resulted in the death of five and injury of thirteen people.

The motor home passengers consisted of an extend family and friends on their way home from their annual Texas motor cross vacation when the vehicle went through a guardrail on Interstate 33 plummeting into a ravine,  (NTSB Looking Into Kan. RV Crash  That Killed 5, Maria Sudekum, http://abcnews.go.com/US/wireStory/ntsb-kan-rv-crash-killed-16065390).

The five that were killed in the accident were Tom Kerber, 25, and Melissa Kerber, 24 from New Prague Minnesota, Jessica Kerber, 10, Joy Kerber, 14, and James Kerber, 12, all from Jordan Minnesota. Among the thirteen injured was the 17-year old driver Adam Kerber, (Driver in Kansas crash that killed 5 Minnesotans held restricted license, Margaret Stafford, Associate Press, http://www.grandforksherald.com/event/article/id/233603/group/homepage/).

The details of the crash are being reviewed by the National Transportation Safety Board, which will include looking into laws that would have allowed a 17-year old to be the operator of a 57,000 lb motor home, (NTSB Looking Into Kan. RV Crash That Killed 5, Maria Sudekum).
 

Are you a Michigander? If so, be prepared to pay a bit more on your no-fault insurance coverage.
 
One week ago today the Michigan Catastrophic Claims Association stated that there will be an increase for the premium paid for catastrophic coverage by 21 percent to $175 per insured vehicle from July 1, 2012 to June 30, 2013.

The purpose of this non-profit association founded in 1978 is to reimburse auto insurers for personal injury protection (PIP) benefits after exceeding $500,000 per claim. The MCCA evaluates auto insurance companies a premium in order to cover lifetime claims in catastrophic injury cases. These premiums are paid for by policy holders, (No-fault auto insurance rates to rise again so Michigan can cover catastrophic accident claims, Melissa Anders, mlive.com,

http://www.mlive.com/business/index.ssf/2012/03/michigan_no-fault_rate_increas.html).

The MCCA increase is a political move so believes the Coalition Protection Auto No-Fault. They believe the MCCA is looking to put pressure on lawmakers in an effort to change the current no-fault system in Michigan. The CPAN explains that the medical costs acquired by injured parties would still need to be covered, and therefore would wind up to taxpayers via government programs like Medicare and Medicaid.

The Executive Director of MCCA Gloria Freeland stated on CPAN's comment that the increase is due to the rising costs as premiums are reviewed every year and have fluctuated due to existing as well as expected liabilities. Freeland also points out the numbers, last year the MCCA paid $927 million in catastrophic injury claims, and more than 28,000 claims were filed since 1979 totaling up to $85 billion. The reason for the high cost is that most claims are for those with brain or spinal cord related injuries which have resulted in permanent damages/disabilities, (No-fault auto insurance rates to rise again so Michigan can cover catastrophic accident claims, Melissa Anders, mlive.com).

This past Friday Florida Legislature came to an agreement on the no-fault or PIP (Personal Injury Protection) car insurance reform. The House approved HB 119 with an 8-34 vote and the Senate with a 22-17 vote.

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).
 

No one wants to be in a motor vehicle accident, but should you find yourself in that situation keep these Dos and Don'ts in mind to protect you and your passenger both physically and legally.

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.

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.

It's a new year, start it off right with safety! No one wants to be in an emergency situation, but if it happens it is better to be over prepared than under prepared. Keep these items in your car in case of an emergency to help keep you and your passengers safe.

• Auto Escape Tool- if your car is submerged under water, this gadget has two steel ends, one with a tip to break a window and the other a sharp blade to slice through seatbelts. Typically these can be attached to your keychain or visor.
• Blanket-for hot seats in the summer and cold in the winter.
• Can-Opener-having canned food in an emergency without a can opener will frustrate you even more in an emergency situation.
• Cell Phone Charger-definitely get one that can be charged in your car in the car lighter.
• Cleaning items-wipes, tissues, trash bags-for car trash or if you or a passenger becomes car sick.
• Extra (hidden) Cash-do not touch unless you absolutely need it, for emergency gas or toll booth fee.
• Fire Extinguisher-in case of an engine fire.
• Liquid Latex-to seal holes in your tires!
• Match sticks-if you end up staying the night in your car and make a fire outside (again, emergency situation you just never know) to start a fire. WAY better than rubbing sticks together!
• Pen and Paper-if in an accident to write down the other driver's insurance information or if you need to write down info from a 911 call.
• Snow Scraper-in the winter months you never know when a storm may hit. Make sure you can see out all your windows! May also think about having a shovel in case you get stuck in several feet of snow.
• Telephone Book-Google 411 into your phone.
• GPS system-or on your phone.
• Towel-helpful if oops! …someone spilled.
• Water-jug of water if you or your car over heat.
• Whistle-if for some reason you're in a situation where you cannot be seen, at least you can be heard.

 (Auto Trader, What to keep in your car in case of emergency,

http://www.autotrader.com/research/article/advice-car-family-safety-tips/34822/what-to-keep-in-your-car-in-case-of-emergency.jsp)
 

May you accomplish those 2012 New Year's resolutions you already have set, but add this emergency kit to your list, you'll be glad you did!