Being that our firm handles both auto and motorcycle accident cases, we understand the importance of safety no matter what mode of transportation you choose. That safety extends to passengers as well, including the younger ones. Simply strapping your child in a car seat does not guarantee safety. Knowing these important facts can help you better protect your child in the event of an accident.

Child safety seats for infants are required by law in all 50 states and 47 states require booster seats for children who have outgrown his/her safety seat but are still not grown enough for an adult seat belt. It is important to know the laws regarding safety seats in your state, for more information visit http://www.ghsa.org/html/stateinfo/laws/childsafety_laws.html.

When it comes to your child's safety, nothing is more important. So when it's time to purchase a car seat, keep these factors in mind:

• Select a car seat based on your child's age and size, choose a seat that fits in your vehicle and use it every time.

•  Always refer to your specific car seat manufacturer's instructions; read the vehicle owner's manual on how to install the car seat using the seat belt or LATCH system; and check height and weight limits.

• To maximize safety, keep your child in the car seat for as long as possible, as long as the child fits within the manufacturer's height and weight requirements.

• Keep your child in the back seat at least through age 12.

• Children under 1 should always ride in a rear-facing car seat.

• Keep your child rear-facing as long as possible. It's the best way to keep him or her safe, until they outgrow the seat by height and weight limitations.

• Keep your child in a forward-facing car seat with a harness until he or she reaches the height and weight limitation, usually ages 4-7.

• After your child outgrows the forward-facing seat, he or she should be in a booster seat from age 8-12 and still ride in the back seat.

• Once your child outgrows the booster seat, it is safe for him or her to wear an adult seat belt. Make sure that the lap belt lies snugly across the upper thighs, not the stomach and the shoulder belt should lie snug across the shoulder and chest, not across the neck or face.
(http://www.nhtsa.gov/Safety/CPS, National Highway Traffic Safety Administration-Child Safety)

The different types of carseats are listed below, remember to know the height and weight limitations as listed by manufacturers so you know when to upgrade to the next seat for your child's safety.

Rear-Facing Car Seat: is the best for a young child. It has a harness and in a crash, cradles and moves with your child reducing stress to the child's fragile neck and spinal cord.

Forward-Facing Car Seat: has a harness and tether that limits your child's forward movement during a crash.

Booster Seat: positions the seat belt so that it fits properly over the stronger parts of your child's body.
(http://www.nhtsa.gov/Safety/CPS, National Highway Traffic Safety Administration-Child Safety)

If you would like more information on child safety seats, mark your calendar for Child Passenger Safety Week from September 18-24, 2011. This is an annual campaign that creates awareness on how to properly secure children of all ages in the appropriate car seats, booster seats and seat belts. The ending day September 24 is National Check Saturday, where certified passenger safety technicians give advice and hands-on car seat inspections nationwide for free. For more information visit http://www.nhtsa.gov/Safety/CPS.

Even with new models and advancing technology each year from automakers, it's still important to ask; are you buying a safe car? First things first; do your research online.
 

All makes and models go through safety testing with “testing dummies” to see the success of safety features. In both “frontal and side impact tests, the dummies are instrumented and measurements recorded to gauge the forces to the dummy's head, neck, chest, and femurs,” (How to Buy a Safe Vehicle, Larry Coben, thesafereport.com).  Both the Insurance Institute for Highway Safety (IIHS) and the National Highway Traffic Safety Administration (NHTSA) provide comparison ratings for frontal and side impact tests as well as roof strength to weight ratio. These sites often rate on a star scale, five stars being the highest and safest, one being the lowest and least safe.  Regarding frontal crash protection the government established a head injury criteria (HIC) stating that any score above 1000 is unacceptable at 30mph into a wall, in regards to this testing, lower is safer.  Beyond front and side impact tests, roof strength to weight is vital considering that 25% of all fatal and catastrophic injuries are rollover accidents. In this instance the higher the ratio the stronger the roof, for more info on this visit www.iihs.org/ratings/roof.

Beyond testing scores, there are some safety features that should always  be at the top of the list: seat belts that go over the lap AND shoulder, seat belts built into the seats and/or with belt retractors, laminated door glass, rollover and side airbags, and adjustable headrests, (How to Buy a Safe Vehicle, Larry Coben,  thesafetyreport.com). When it comes time to actual purchase your new car make sure to have an onsite inspection, gauge the comfort and fit of seat belt, check that each seat has a head rest, and if available a camera monitor behind the vehicle which provides drivers with more visibility when backing up.
 

One ultimate safety feature that will be required in all make and models in 2012 is the Electronic Stability Control (ESC). ESC is “a computer technology that helps drivers control their vehicles; used in the steering wheel to determine what the driver is trying to do and using other sensors to determine whether the vehicle is turning the way the driver wants it to turn,” (ESC: An Essential Safety Choice, Michael Cowen, thesafetyreport.com).  What does it prevent? A driver from losing control and running off the road, prevents loss of control when getting back on the road and maintains control in wet and icy conditions. How does it do it? In the event of a vehicle about to skid, “the computer system estimates the direction of the skid, and then applies the brakes to individual wheels to stop the skid and make the vehicle travel in the direction the driver intended,” (ESC: An Essential Safety Choice, Michael Cowen, thesafetyreport.com).  The system works great so says several studies, ESC will save more lives than any other safety technology other than the seat belt. The NHTSA estimates that ESC would save between 5,000 and 10,000 lives and would prevent up to 250,000 injuries a year. Studies conducted by the federal government found that ESC prevents 88% of rollover accidents in both trucks and SUVs. However, ESC has remained a luxury feature until recently in 2008, and still not all makes and models are installed with the system. Also, each automaker uses different terminology when listing ESC in their features, making it a bit more difficult for consumers to recognize when purchasing a new vehicle (See list of other names for ESC below). ESC will be equipped in all U.S. models sold as due to the Federal Motor Vehicle Safety Standard 126 as enacted by the federal government, happening in 2012. For more information on car safety and test ratings visit www.IIHS.org and www.NHTSA.org.
 

Other names for Electronic Stability Control (ESC):
• Electronic Stability Program (ESP)
• StabiliTrak
• Vehicle Stability Assist (VSA)
• Vehicle Stability Control (VSC)
• Vehicle Dynamic Control (VDC)
• Dynamic Stability Control (DSC)
• Advance Trac with Roll Stability Control

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. 

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.

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.