Michigan Injury Lawyers Blog

How many more fatal teen-packed joyrides will it take until Lansing finally passes this desperately needed law: "No teenage automobile driver may transport other teenagers without a parent in the front passenger seat". Just sixteen little words - with the power to save the lives of untold 16 year old motorists. Could such a law have saved the life of 16 year old Jaylin "Kyree" Hatter?

Hatter was a passenger in a car full of other 16 year olds - all from the South Haven area. The driver lost control and crashed. Hatter was ejected - sustaining fatal injuries. The other teens were seriously injured and transported to Grand Rapids area hospitals. The good news was the absence of drugs or alcohol. Ironically, the tragedy was compounded by the absence of something else: Seat belts.

No doubt the accident victims' families are consumed with funeral and medical matters. This is certainly no time for them to be worrying about dense insurance contracts, legal matters, deadlines, forms, insurance claims adjusters and the like. Yet - the fact is - back at insurance company headquarters, insurance lawyers and claims adjusters are already huddling over statutes and legal precedents that might serve to minimize their liability.

Time marches on. Evidence is evaporating. Deadlines are looming. An automobile accident involving multiple, seriously injured victims almost always implicates uninsured and underinsured motorist coverage.

A common misconception even among the average lawyer is that the general statute of limitations for personal injury claims invariably applies to the entire claim - including claims for uninsured and underinsured motorist coverage. A seasoned personal injury lawyer, however, will be keenly aware that some older insurance policies may still be subject to a different set of deadlines and notice requirements.

The general statute of limitations for personal injury claims is set by law. The requirement that every motorist be covered by automobile no-fault insurance is also set by law. In contrast, uninsured and underinsured motorist coverage is not a legal requirement. Rather, that type of coverage is strictly a matter of private contract - between the driver and the insurance company. Accordingly, until recently, the parties have been free to agree to notice requirements and claims deadlines as they saw fit. As one can imagine - since the insurance company drafts the contract, if it can insert short deadlines, it will insert short deadlines.

In recent years, the Office of Financial and Insurance Regulation has promulgated administrative regulations requiring longer limitations periods for even uninsured and underinsured claims. Again, however, older policies my contain shorter deadlines which, notwithstanding the new regulations, may still be enforceable.

The uninsured and underinsured portion of the policy will no doubt contain other contractual pitfalls and hurdles, as well. Thus, our best advice to the victim is always this: You fight for your health. We'll fight for your rights.

South Haven Teens Involved in Deadly Roll-Over Accident, Wood 8 TV Grand Rapids

For what seems like the umpteenth time this month, yet another drunk driver caused yet another serious injury accident in the St. Joseph area. Reportedly, Cheryl Fisher of Niles was driving under the influence of alcohol, when she plowed her three thousand pound SUV into a motorcycle driven by Thomas Gauthier, 59, of Buchanan. Riding along with Mr. Gauthier was Deanna Adams, 45, also of Buchanan.

Both motorcycle riders were seriously injured. Adams suffered a severe head injury. Gauthier sustained a compound fracture of the leg. First responders rushed both accident victims to the intensive care unit of a local hospital.

According to witnesses, Ms. Fisher stopped briefly after collision. Rather than rendering aid as required by law, however, she allegedly fled the scene. That is an important fact because, at trial, the Judge will instruct the Jury that it may consider flight as evidence of a guilty mind.

Berrien County Deputy Sheriffs immediately launched a manhunt for Fisher. They finally tracked her down, four miles away, sitting in her SUV, parked in a driveway. Upon determining that she had alcohol in her system, the Deputies arrested the culprit and transported her to the jail in St. Joseph.

Now begin two lengthy, uphill journeys. One for Fisher, through the criminal justice system. The other for the accident victims, through the jungle of red tape that is the automobile no-fault insurance process, the medical treatment, the grueling months of physical therapy, the wage loss, the medical technicians and their devices - and perhaps even a law suit for money damages.

It is not known whether the negligent driver carried insurance. One thing that is certain, however, is that debts arising out of a drunk driving accident cannot be discharged in Chapter 7 Bankruptcy. So, the accident victims are protected - at least to some degree. And at that juncture, the skills of a seasoned personal injury lawyer become indispensable. That is because, in a serious injury case like this, where the victims will be incapacitated for an extended period of time, identifying all potentially liable parties and all potential sources of insurance coverage is critical - if for no other reason than to avoid a financial disaster, as well.

Last year alone, drunk drivers throughout the US killed over 13,000 and maimed nearly a quarter of a million. The statistics are sobering - unfortunately, not sobering enough for the drunk driver in this case.

Charges In Drunken Hit And Run, WSJM Radio News, October, 9, 2010

Another Grand Rapids construction worker was injured - this time while painting the Coit Avenue Bridge on I-196. The man was working in a "cherry picker" type rig, when a van struck the crane. The construction worker was transported to a local hospital for treatment.

The accident was set into motion when motorist Travis Trom's truck struck the van from behind - propelling it into the work site. The other driver was Ron Spencer of Grand Rapids. Spencer escaped serious injury in the accident. Trom admitted to rear-ending the van.

If he is like most workers, the injured crane operator is no doubt under the impression that his only recourse will be workers compensation insurance. That is common myth perpetuated by the insurance industry. In fact - it is false.

Under Michigan law, if the person or entity which caused the injuries is independent of the injured worker's employer, then traditional - unlimited - negligence remedies may be available. In a case like that, since workers compensation insurance caps are inapplicable, the injury victim may be entitled to millions of dollars.

Essential to a full and fair resolution of the claim is successful navigation of the legal maze. Typically, a personal injury lawyer will, at the outset, identify all deadlines, notice requirements, defenses, responsible parties and potential sources of monetary compensation. It is only through that process that the strengths, the weaknesses and the value of the case can be known.

And it is that specialized knowledge that places the injured worker on a level playing field with the insurance defense lawyers.

Grand Rapids Crane Accident Injures Construction Worker on I-196, WZZM TV !3, October 2, 2010

Civilian warriors. Guardian angels. Front line heros. Just some of the names we bestow to express our admiration for our tireless community First Responders. But even in life and death emergencies, where split second decisions rule the day - there is always a place for temperance.

And it was the lack of temperance - coupled perhaps with an excessive dose of well intentioned exuberance- which piled tragedy upon tragedy over the roadways of rural Montcalm County this week.

Medical first responder Richard Wayne Pierce, age 70, of Pierson, was racing to the scene of a reported personal injury car accident. To his credit, Pierce had his emergency lights and flashers activated. It is unknown whether a siren was activated.

The First Responder came to an intersection, disregarded the stop sign and crashed into a vehicle driven by Max Leroy Young , age 74, of Lakeview. Riding as a passenger in Young's vehicle was Shirley Marie Narlock, also of Lakeview. Max Young was seriously injured. Shirley Narlock was killed.

For the injury victims and their families, all that is left is to pick up the pieces. And that process includes the pursuit of justice. A long row to hoe, indeed.

Since the only form of justice that the civil courts can dispense is money, the families will soon find themselves pitted against the insurance companies. On the front lines of that dispute are the insurance defense lawyers - advising the insurance companies every step of the way, on how to minimize or completely thwart the survivors' claims.

Common sense tells the average person that Max Young was completely innocent of wrongdoing, and that the First Responder caused the automobile accident.

"Not so fast" say the insurance defense lawyers. First, there is the little matter of a concept commonly known as 'the rules of the road'. And the primary rule in play under these circumstances is the requirement that a driver must yield to the right of way of an oncoming emergency vehicle displaying emergency lights and flashers.

"Right back at you" says the victim's personal injury lawyer. Yet another rule says that a driver who has the right of way at an intersection LOSES the right of way if he is speeding.

Checkmate? Maybe. Until the results of the Accident Reconstructionist's investigation are in, the speed of the vehicle at the intersection remains unknown. And it is at that juncture where the skills of an experienced personal injury lawyer become indispensable.

A deadly four-hour span sees three crashes, four killed on Montcalm County roads, The Grand Rapids Press, October 4, 2010