Catholic Boarding School Sexual Assault Survivors
Logo
SCHEDULE A FREE CONSULTATION
248-599-1607
  • Blog

Author: Atnip & Associates, PLLC

Top safety tips for Halloween

On Behalf of

Next Monday is going to be a great evening for kids throughout our region as they dress up as their favorite characters and walk neighborhoods trick-or-treating for candy. Indeed, Halloween, can be a great time for kids, but it also is an especially dangerous time for pedestrians, particularly children. According to the National Highway Traffic Safety Administration, the number of pedestrians hit by drivers traditionally goes up on October 31.

Obviously, Michigan drivers have a duty to use reasonable care in looking out for pedestrians, but the emphasis on Halloween is especially important because of the number of kids in harm’s way. Yes, most foot traffic will be on the sidewalk, but accidents can happen when pedestrians cross streets at 2 and 4-way stops.

As such, this post will highlight a few tips pedestrians and drivers can take to avoid being in an accident.

Don’t text and walk – Indeed, young kids are not glued to their cell phones,  but older kids and parents who are chaperones should avoid texting and walking. A pedestrian’s night (and their life) can be ruined by unwittingly walking into the street.

Wear bright colors – With most trick-or-treaters venturing out after sunset, it is better for pedestrians to wear costumes with bright colors (or reflective stripes) so that drivers can have a better chance to see (and avoid) them. The same applies to costumes that have their own LED lights.

Don’t drink and drive – Moreover, those who attend adult Halloween parties should appoint a designated driver. More importantly, the designated driver should not drink at all.  There’s no point in having a designated driver who is only “less drunk” than the other passengers in a car. 

Read More

Report finds teen car crash deaths “spiked” in 2015

On Behalf of

The Governors Highway Safety Association (GHSA), a nonprofit group that represents the highway safety offices of states throughout the country, recently released data from a report that was designed to study fatal crash rates.

What did the study find? Ultimately, the study found that drivers ranging in age from 15 to 17 were significantly more likely to get into a car crash than their older, more experienced counterparts.

More specifically, teens are 1.6 times more likely than adults to get into a fatal crash. The study also found deaths for teen involved crashes were up 10 percent in 2015 – the first increase in teen-involved auto accident deaths since 2006.

What can be done to reverse this trend? Researchers with the study provided a number of suggestions to help stop this troubling trend. One example involved continuing the focus on teen driving behavior through effective public policies.

One such policy discussed by researchers with the study involves the use of the Graduated Driver Licensing (GDL) program. The program is used in all 50 states and utilizes a three-step licensing system. This system, according to the GHSA, has reduced the teen crash risk by up to 30 percent. However, critics point to the fact the GDL program generally ends at age 18 as a flaw.

Why is the program ending at 18 a flaw? Aren’t these the inexperienced drivers we are hoping to educate? Although these are the teens we are aiming to educate, ending the program at 18 may be premature.

Approximately one in three teens do not receive their driver’s license before turning 18. As a result, older teens in areas where the program ends at 18 are not benefiting from this program. This could be changed by expanding the GDL program to end at the age of 21.

What about those who are injured in teen-related car accidents? Unfortunately, even when steps are taken to reduce the risk of car accidents, crashes still happen. Those who are the victims of these crashes can hold a negligent or reckless driver responsible through a personal injury lawsuit.

How can a personal injury lawsuit help victims? Victims can receive monetary awards from these lawsuits. These funds can be used to help cover the many costs associated with the accident – costs such as hospital bills, rehabilitation costs and medications as well as lost wages.

Read More

Should cellphone providers be liable for distracted driving crashes?

On Behalf of

If you had the power to save lives, would you use it? What if this power came with a price, if using this power could potentially result in lost revenue? This is the question many cellphone companies are being forced to answer as new technology is present that could keep drivers from using their cellphones while driving.

Who is asking this question? This question has been asked by many safety advocates. Most recently, a lawsuit based out of Texas is asking this question. A report by the New York Times delved into the issue, noting that cellphone providers like Apple, Verizon and AT&T have the capabilities to put distracted driving to an end. Unfortunately, they have yet to implement it.

The president of the National Transportation Safety Board is quoted in the Times piece, calling for the wireless industry to push companies to implement this technology, but companies push back saying the technology is too unreliable.

She counters that “technology got us into this situation. Technology will get us out.”

Is the technology that would stop distracted driving reliable? The lawsuit noted above brings the contentions made by cellphone companies into question.

Lawyers who filed suit to hold cellphone companies accountable for distracted driving accidents are pointing to a patent filing made by Apple back in 2008 and granted in 2014. This filing focuses on technology that would shut down certain phone capabilities when the phone is found in motion and in use by a driver. The patent filing by Apple states that approval of the patent for this form of technology is important because law enforcement is unable to stop the practice of texting while driving.

Will this technology become a reality? Although the future of technology that is implemented on a provider-wide basis is not yet known, other devices and apps are currently available that serve a similar function.

Devices are available that mount on the windshield of the vehicle and lock out prohibited services on the driver’s phone. The device works by using high-frequency sound waves to locate the driver’s phone and is touted as having the ability to target this phone only, leaving passenger phones unaffected.

What should victims of distracted driving accidents learn from this case? Although it is unclear if the current suit against Apple will be successful, it does bring attention to the problem. Victims of distracted driving can take this case as an example of the many parties that can be held responsible in a car accident.

As such, those who are injured are wise to seek the counsel of an experienced car accident attorney. This legal professional will review your case and work to better ensure your legal rights and any potential remedies are protected.

Read More

U-M study: Fatalities double for motorcyclists without helmets

On Behalf of

While the purpose of traffic laws is to keep people on the roads safe, many of these laws receive a significant amount of opposition. For example, many motorcyclists in Michigan argue against a mandatory helmet law. In response to this opposition, Michigan repealed its universal helmet law several years ago.

A new study by researchers at the University of Michigan found that this move had dire consequences.

Spike in motorcycle fatalities and head injuries

For the past few years, the state of Michigan permitted motorcyclists who are 21 or older to ride a motorcycle without a helmet after repealing the universal helmet law. However, all motorcyclists who choose to ride without a helmet need to have $20,000 of accident insurance, according to the revised helmet law. According to a study conducted by the Insurance Institute for Highway Safety and the University of Michigan, the fatality rate among riders without a helmet was double the fatality rate of riders with helmets. Jessica Cicchino, who is the IIHS vice president for research, noted that they saw a major increase in head injuries, which can have a significant impact on the victims and their families.

The data

The researched conducted by U-M and IIHS covered the 12 months immediately before and following April 2012, which is when the state of Michigan chose to repeal its mandatory helmet law.

The study focused on head-injury data as well as all police-reported deaths involving motorcycle crashes. During the two-year period for the study, there were more than 7,000 motorcycle riders who crashed. About 1,000 of these motorcyclists had to be hospitalized at a trauma center for their injuries.

According to the study, the number of motorcycle-related fatalities did not increase substantially in the two-year period for the study. However, over this period of time, the fatality rate among motorcyclists without helmets was 5.4 percent. On the other hand, the fatality rate of motorcyclists with helmets was just 2.8 percent. Essentially, the fatality rate for un-helmeted motorcyclists was double the fatality rate for helmeted motorcyclists in the state of Michigan.

After the repeal of the universal helmet law, the percentage of patients of trauma centers with head injuries increased 14 percent. While these patients were 17 percent less likely to have concussion-related injuries, 38 percent more of these patients had skull fractures.

Some advocates for the revision of the universal law argued that such a move would increase tourism. If the repeal of the universal helmet law truly did boost tourism, the visiting motorcyclists aren’t getting into many accidents. According to the study conducted by the U-M and the IIHS, 95 percent of the bikes involved in motorcycle crashes were registered in Michigan.

Strong opinions on both sides

Many bikers have strong feelings about needing a helmet (or not). Yet undoubtedly, the repeal of the universal helmet law led to a major rise in fatalities and injuries related to motorcycle crashes. If you or a loved one was injured or killed in a motorcycle accident, don’t hesitate to contact an attorney to plan your next steps.

Read More

Catastrophic car accidents can be tragic for entire families

On Behalf of

Driving an automobile is a task we perform on a daily basis without really putting much thought into it. The reality that we are behind the wheel of a piece of machinery weighing thousands of pounds and traveling at high rates of speed becomes almost an afterthought. While we consider ourselves good, safe drivers, we cannot control the actions of other motorists or pedestrians. And a single unplanned, tragic moment can change our lives forever. 

An Ohio woman and her family found out how drastically life can change in an incident that The Washington Post called “A double tragedy.” In the case, a woman, both a wife and mother, was traveling with her family when one of four teenaged vandals decided to throw a large rock at the car from an overpass. It smashed through the windshield, crushing her skull. She would lose and eye and suffer permanent brain damage. Despite numerous medical procedures, she was permanently and totally disabled, requiring 24-hour care. A few years later, her grief-stricken husband would take his own life. The children in this catastrophic series of events lost both of their parents. Everything changed for every single member of that family in an instant.

In cases such as the Ohio woman and her family, 24-hour care is necessary for a lifetime. Constant care inevitably affects the ability of other family members to work and earn a living. A family can be left financially and emotionally bereft. The tragedy of the Ohio family may seem like an extreme case. However, between 20 and 50 million people are injured or disabled in car accidents each year.

While the legal aspects may not be in the forefront of your mind after a crash, it’s important to take the appropriate measures to ensure your health, safety and future well-being.

Involve The Police

Some accidents seem minor at the time. Maybe you feel like you just bumped your head and a little fender-bender can be handled without the authorities. However, head, neck and traumatic brain injuries can have significant health ramifications. Sometimes symptoms may not immediately show themselves. It’s important to make a report.

Get Medical Treatment

Regardless of how well or poorly you feel, have a medical professional assess your health.

Document The Accident

Take pictures and record the statement you give to police. Keep track of what happened at the scene and expenses that arise from the accident. If the other party can convince others it was your fault, that could have could have a negative affect on you being properly compensated for your loss.

Talk To An Attorney

If you or a loved one have been injured in a car accident, it’s important to speak with an attorney who can help you understand your rights and legal recourse. The implications of a serious or debilitating injury can have disastrous effects on the lives of victims and their families.

The fallout from a catastrophic car accident has deeper implications than just medical bills and lost wages. As you can see from the heart-breaking events of the Ohio family, these life-altering incidents can negatively affect many, if not all, aspects of your life and the lives of loved ones. It’s important to work with an attorney who has experience dealing with serious and catastrophic personal injury matters. The attorneys at [nap_names id=”FIRM-NAME-1″], have 35 years of legal experience handling these types of cases.

Read More

Detroit named the most dangerous city for drivers

On Behalf of

According to a study of 200 U.S. cities, Detroit is the most dangerous city for drivers. Detroit ranked second in motor vehicle accident fatalities with 16.2 fatal accidents per 100,000 residents. Additionally, Detroit is one of the least safe cities when it comes to stolen vehicles and break-ins.

To determine the most dangerous and the safest cities, the study took five factors into account: fatal accidents, years between accidents, the likelihood of vehicle accidents compared to the other cities in the study, the risk of having a car stolen and the risk of having a car broken into. The average population of the most dangerous cities was more than twice that of the safest cities; however, population alone was not an indicator of high risk of crash or auto theft. For example, New York was ranked the 34th safest city for drivers.

Who is liable in a car accident?

In 1973, Michigan initiated a no-fault system for vehicular accidents for the purpose of increasing victims’ benefits, ensuring prompt payment of benefits and reducing the proportion of benefits allocated to administrative costs. Michigan law requires you to purchase no-fault insurance. In most accidents, benefits are disbursed in accordance with Michigan’s no-fault laws.

It is possible, however, for an injured person to sue a negligent driver when a catastrophic car accident has occurred. If the accident causes serious impairment of any bodily function, serious disfigurement or death, the injured party or surviving family can sue the at-fault party for compensation.

Why you need a lawyer after a car accident

Unfortunately, compensation you receive from your own or the other party’s insurance company may not be enough to cover your expenses and losses due to a car accident. To pursue a claim that will cover all of your damages, you may need to hire an experienced personal injury attorney.

Auto insurance companies spend a lot of money on lawyers who can help them avoid paying claims. If you’ve been in a car accident, you deserve to have an experienced attorney on your side who understands personal injury law and who will fight for the benefits you need.

Read More

New tech allows cops to check for cellphone use prior to accident

On Behalf of

There are pros and cons to technological advances. Rear view cameras in cars have helped to increase a driver’s ability to monitor his or her surroundings while the vehicle is in reverse, weather satellites have resulted in more warning time for dangerous weather and cellphones have allowed for people to keep in touch with each other no matter where they are. Unfortunately, some take this last advance to the extreme, making calls, sending texts and even checking social media sites while driving. This practice isn’t just dangerous, it’s illegal. It is not always immediately clear if a driver was engaged in this dangerous and illegal activity prior to involvement in an accident. However, a new device may help to answer this question with a simple and quick scan.

Can’t we already check phones for use after an accident?

Police can currently get information about when a phone was used, but getting this information generally requires a warrant. Officers need to follow strict protocol to get a warrant to search these phones. These requirements are present to protect against infringement of personal information. Since the search used by police officers in this situation results in the gathering of a lot of information, potentially including what and how the phone was used, this argument can make sense. A new device is offering another option.

How is this new device different?

The new device, referred to as the “Textalyzer”, offers an option to bypass the warrant requirement. The scan completed by the Textalyzer does not result in any personal information. The officer does not get information about what the user was doing. The scan will not show the user’s Facebook post, Instagram photo or most recent Tweet. It will simply show that the phone was used.

The device is not currently in use, but some states are considering it. According to NYC’s StreetsBlog, lawmakers in New York are currently reviewing a bill that would put the device in the hands of officers in the near future.

Read More
  • Practice Areas
CATEGORIES
ARCHIVES

RECENT POSTS