Michigan Injury Lawyers Blog

Yesterday's sate-wide ice storm turned deadly in the Niles area. Ambrosia Foreman and her son--Camden John Foreman, age 3--were riding in Foreman's van when their vehicle slid on ice and collided nearly head-on into an oncoming truck.

Snowplow driver Stephen Axline, of Edwardsburg, was uninjured.

State Police used West Michigan media reports of the event to emphasize the importance of winter driving tactics. Abundant accumulations of snow, followed by warming temperatures and then by freezing temperatures can turn a road into an ice skating rink. Drive accordingly, warned the police: Slow down; Begin trips earlier, and; Stay farther back from the vehicle ahead.

Other considerations come into play after the fact. Those include the insurance benefits due and owing to the surviving family members. At a time like this, however, survivor's loss benefits and other forms of compensation are the last thing on the Foreman family's agenda.

Another common reason for inaction in cases like this is the assumption that compensation for injuries is unavailable, where the negligent driver was the injured passenger's parent. In fact, that is rarely an impediment to a monetary settlement.

Ready or not, however, the clock is ticking, thanks to laws passed by insurance industry-friendly legislators in Lansing. Accordingly, injury victims' rights expire with the passage of time. And once that bell has rung, it cannot be un-rung.

On top of those hurdles, the Foreman family is facing a behind-the-scenes army of insurance lawyers. Their mission? To legally sink or minimize the Foreman family's claims.

Which is precisely where the skills of an experienced Grand Rapids truck accident lawyer become indispensable.

Woman Dies In Niles Accident, WNDU 16 News, February 22, 2011

We are frequently asked why a driver would flee the scene after striking a pedestrian on a busy city street--where there are sure to be witnesses. Our reflexive response is almost always: "Drunk driving".

And in the case of Vincent Thomas Alvaro (at left), 76, of Oakland Township, the evidence certainly seems to bear that out.

Mr. Alvaro was carrying load of wood flooring on his truck, when a sheet of the material dislodged and flew into the roadway. As Mr. Alvaro was retrieving the flooring, he was struck by an oncoming pick-up truck and killed. The driver fled the scene at a high rate of speed.

A lifelong Michigander, Mr. Alvaro was born in Detroit and raised in Birmingham and Royal Oak.

Because the incident happened in broad daylight and in full view of the motoring public, the standard excuse--"I thought I hit a deer"--will be completely untenable. Other clues pointing to drunk driving include the fact that striking a pedestrian who suddenly and unexpectedly darts out into the path of the driver's car is not necessarily a crime. Drunk driving, however, is always a criminal offense.

In the panicked mind of the fleeing drunk driver, the question isn't whether he will be apprehended, but when he will be apprehended. That is because what he desperately needs is time. Time to sober up before dealing with the police.

It was a tip that led Troy police to a truck matching description of the suspect vehicle.The truck is registered to a Sterling Heights man.The damage appeared to be consistent with the accident. But if police conclusively link the watchband that they found tangled in the windshield wiper to Mr. Alvaro, it is that item of evidence that will seal the negligent driver's fate.

All of which leaves the Alvaro family with little more than an empty chair at the dinner table and a personal injury claim against the truck driver and possibly others.

Casting a wide net and implicating all possible liable parties is the personal injury lawyer's top priority for obvious reasons. If the decedent's wife, Jeannette Alvaro, was financially dependent on her husband, the sudden income loss could mean financial ruin. If the negligent driver lacked insurance or carried only minimal coverage, Mrs. Alvaro may never receive adequate compensation.

Under a legal doctrine called vicarious liability, certain non-drivers may be financially liable for losses resulting from the Auburn Hills area fatal truck accident, as well. The owner liability statute, for example, provides that the title owner of a vehicle is responsible for the negligence of a permissive driver. Moreover, the negligence of a worker in the course of an employment related mission may be attributable to the employer.

Accidents like this (pedestrians in the highway) invariably trigger defense claims that the accident victim was responsible for his own injuries. Under former Michigan law, a legal doctrine called comparative negligence provided that, even if the injury victim was partially responsible for the incident, the victim could still recover compensation from the other negligent party--even if the victim himself was more than 50% responsible (subject to a monetary reduction commensurate with the degree of the victim's own unsafe conduct).

Several years ago, however, the insurance industry heavily lobbied our lawmakers in Lansing, and induced them to modify the doctrine of comparative negligence. Under the newer statute, a victim who is deemed to be more than 50% responsible for the incident, may receive no compensation whatsoever for his non-economic personal injuries.

Moreover, in the context of a personal injury trial, the judge reads an instruction to the jury which informs them that, if the victim is found to have violated a safety statute, the jury may infer negligence against that party. One such law that comes to mind is a statute that forbids walking on the highway.

All of which leads us to a prediction that this conflict will be fought by the Alvaro family's Southfield personal injury lawyers on the battlefield of the doctrine of comparative negligence.

Troy Crash Victim's Watch Found
On Truck, Detroit Free Press, January 20, 2011

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