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Holiday Safe Traveling Tips To Avoid Auto Accidents From The Sam Bernstein Law Firm

Wednesday, November 24th, 2010

As the holidays approach, the Sam Bernstein Law Firm would like to advise safety tips for travelers making long trips to visit family and friends. Traveling in the snow and other icy conditions can present driving challenges.

According to the National Safety Commission, 90 percent of traveling during the Thanksgiving holiday will be by car. Follow a few tips for safe driving to avoid a car accident this holiday season:

  • Slow down more than usual, and leave room between your car and the car in front of you. Your car may need more time to stop completely when suddenly breaking.
  • Don’t drink and drive – even buzzed driving can impair your judgment and cause a car accident.
  • Fatigued driving is also unsafe. The National Highway Safety Administration says fatigue is a factor in 12.5% of crashes that result in hospitalization. The NSC recommends stopping every 2 hours, or 100 miles.
  • Give yourself more time when scheduling trips to avoid speeding – or travel on off-days, such as the Tuesday before Thanksgiving instead of Wednesday. Often traffic may add another hour to the trip. Check road conditions and the traffic report to find the best possible route.

Being prepared in case of an emergency is also key to preventing injuries and death. Pack an emergency snow kit in your car trunk with a snow scraper/brush, flashlight, blankets, booster cables, a shovel, a bag of sand for tire grip, flares and a first aid kit. Remember to bring a cell phone and car charger, but be sure to pull over before using it to avoid distracted driving.

Bring your automobile to a mechanic and have it winterized before traveling. Have a certified mechanic check your oil level, tire pressure, windshield wipers, heater, defroster, antifreeze, and brakes.

Unfortunately, preventive measures may not always prevent a motor vehicle accident. If you or a loved one was seriously injured in a Michigan auto accident, talk with an experienced Michigan car accident lawyer.

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National and State Distracted Driving Legislation Could Help Prevent Auto Accidents

Monday, October 25th, 2010

The U.S. Transportation Secretary, Ray LaHood, recently reported on the alarming nationwide incidence of auto accident injuries and deaths resulting from distracted driving. During the past year, nearly 6,000 people died, and half a million were injured in accidents involving inattentive drivers.

Each day, more than 800,000 vehicles are driven by people using hand-held cell phones. However, cell phones are not the only distraction, especially for many teenagers, who also use iPods and video games while they are behind the wheel.

Distracted driving is not a problem limited to personal motor vehicles. Commercial and public transportation operators have also been known to allow dangerous distractions to cause major accidents.

At the 2010 National Distracted Driving Summit, LaHood announced new anti-distracted driving regulations to combat auto accident injuries and deaths. These regulations will ban commercial truck drivers from texting while transporting hazardous materials.

Many other private and public organizations are supporting the campaign against distracted driving. The Network of Employers for Traffic Safety reported that 1,600 U.S. companies and organizations have instituted anti-distracted driving policies, covering approximately 10.5 million workers nationwide. An additional 550 organizations made commitments to adopt these policies, which will cover another 1.5 million employees within the next 12 months.

More than 200 distracted driving bills have been introduced in 46 state legislatures in the past year. Twenty-one states and the District of Columbia currently ban cell phones for new drivers, while 6 states and the District of Columbia ban cell phone use by all drivers.

Michigan auto accident law also has changed to combat the trend of distracted driving. The Michigan Legislature recently passed a state ban on texting, to help prevent Michigan car accidents. Earlier this year, lawmakers agreed to make it a primary offense to text while driving, so that police could pull over drivers for texting and only texting. The traffic fines for violators – $100 for the first offense and $200 for each subsequent offense – indicated the Legislature’s determination to decrease Michigan auto accident injuries.

Michigan auto accident attorney Mark Bernstein said: “Operating a motor vehicle requires a driver’s complete attention. Unexpected events, traffic congestion, changes in highway conditions, or sudden actions by other drivers or pedestrians, can lead to a tragic accident in a split second. By avoiding cell phone use and other distractions, Michigan motorists can protect themselves and others from serious auto accident injuries.”

The Sam Bernstein Law Firm is dedicated to increasing awareness about the dangers of distracted driving to prevent Michigan auto accidents, as well as protecting the legal rights of auto accident victims. If you or a loved one was seriously injured in an auto accident involving a distracted driver, contact an experienced Michigan car accident attorney immediately.

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City of Troy’s message is clear: No distraction while driving.

Friday, July 30th, 2010

If you have to drive through Troy, Michigan today, make sure that is the only activity you are doing behind the wheel. As of July 29, 2010, the Distracted Driving Ordinance went into effect in the city of Troy, Michigan. There is no tolerance for eating, grooming, reading, writing, texting, talking on a hand held cell phone or anything that that could distract a driver and result in a failure to safely operate a vehicle.

From now until September 30, 2010, any driver who is caught by Troy Police and is driving while distracted will receive a warning and educational material about the new ordinance. Troy’s law is stricter than the state “No Texting” law that went into effect on July 1, 2010.

Beginning October 1, drivers in Troy will receive fines for distracted driving offenses. Texting while driving will carry a $200.00 fine. Listening or talking on a hand held cell phone while driving will carry a $75.00 fine. Driving while distracted with a common activity such as applying make-up, reading or eating will result in a $200.00 fine. The fines will carry no points.

Troy police department insists “Our goal is safety, not dollars.” According to the Insurance Institute for Highway safety, drivers using hand-held devices are four times more likely to get into crashes serious enough to injure themselves. Public Information Officer, Jim Feld stated, “For the past six months we’ve noticed an increase in the number of accidents involving distractions, judging from statements taken from drivers but we have no plans to set up certain areas to target drivers. We just want to keep everyone safe.”

The mayor of Troy also agrees with enforcing this ordinance. Mayor Louise Schilling stated, “We know people want to be safe and secure when driving their vehicles. By controlling distracted driving behaviors people help themselves and others around them avoid accidents, injuries and death.”

Below are tips from AAA to help manage distraction while driving:
• Recognize that driving requires your full attention.
• Use your cell phone only if absolutely necessary.
• If you must use your phone, choose a safe time and place, keeping the conversation short.
• Ask a passenger to place a call for you and, if possible, speak in your place.
• Do not compose, send or read text messages while driving. In Michigan, texting while driving is illegal.
• Ask passengers to help with directions or adjust dashboard controls.
• Secure loose items in the vehicle so they don’t become projectiles or distractions in a sudden stop or crash.
• Avoid intense, complicated or emotional conversations when driving.
• Pull over to care for children.
• Stop to eat or drink, rather than trying to eat or drink while driving.
• Get plenty of rest.
• Program your GPS prior to starting your trip.
• Allow plenty of time for your trip.

These simple but effective steps could save a life, possibly your own.

If you were in a serious auto accident involving a driver who was distracted while driving and have questions about your legal rights, contact an experienced Michigan auto accident attorney immediately.

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New Snow Cleanup Procedures in Michigan

Monday, January 26th, 2009

In response to the rapidly raising costs and limited resources, the Michigan Department of Transportation (MDOT) and its contracting agencies are modifying how winter maintenance operations will be handled on state highways. This means some state highways may take longer to be cleared following a snowstorm. Revisions to maintenance activities are a reflection of Michigan’s transportation funding crisis, which is the result of falling state fuel tax revenues and vehicle registration fees, reduced purchasing power due to inflation and rising construction and materials (such as salt) costs.

This winter, state highways throughout Michigan will be designated either Priority Service Level I (Orange Routes) or II (Blue Routes). During snowfalls, there will be no change in winter maintenance operations. On orange routes, maintenance crews will work to clear the entire pavement of ice and snow both during and after a snow event, using overtime if necessary. The orange routes are MDOT-identified as highways of significance based on economic and travel trends.

On blue routes, maintenance crews will work to clear most snow and ice from roads. At a minimum, roads will be cleared for one wheel-track in each direction, by the conclusion of a snow event. The reminder of the snow and ice on blue routes will be cleared as soon as possible after the snow event without working overtime. While blue routes may be passable, they will not necessarily be completely clear until after snow has stopped accumulating.

MDOT also wants to correct the misconception that more salt is the cure for slippery roads in all cases. When temperatures fall to 10 to 20 degrees, the action of the salt (which lowers the freezing temperature of water) takes longer to work and refreezes at a much faster rate. When temperatures fall below zero to 10 degrees, the melting, dilution of the salt and the refreezing process accelerates even more. This causes the potential for a more dangerous condition than what previously existed.

MDOT encourages drivers to adopt the following winter driving tips:

  • Be cautious of bridges that can be icy when the approaching pavement is
    clear and dry.
  • Always wear your safety belt and be sure children are buckled up.
  • Slow down when visibility is low or when road conditions are snowy or icy.
  • Accelerate, brake slowly and avoid abrupt steering maneuvers.
  • Do not pump anti-lock brakes.
  • Keep at least a car length of distance between your vehicle and others.
  • Snowplow drivers need all the help they can get when it comes to
    maneuvering their large trucks through traffic and along the roadways.

    Everyone must do their part to ensure safer roads this winter. If you or a loved one is injured in an automobile accident, contact an experience attorney immediately.

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  • Safe Driving on Michigan’s Wintery Roads

    Tuesday, November 11th, 2008

    Every winter, Michigan communities struggle to keep roads clear of snow and ice. This year, a shortage of road salt and skyrocketing salt prices make their task even more difficult.

    According to the U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA), car accidents are the number one cause of death during winter storms. Defensive driving is important. Learning how to maneuver your vehicle when confronted with winter’s elements could mean the difference between life, death or serious injury.

  • Before you go, listen to the radio for announcements about accidents, road closings, and road advisories. Call your local highway department if this information is not available on the radio.
  • Plan your route ahead of time to avoid any roads that become dangerous during bad weather. If a road is closed or blocked, do not attempt to continue on this route.
  • Let someone know your route so that, if you do become stranded, your family can let authorities know where to start looking.
  • Be aware that bridges and overpasses freeze first. Slow down before reaching them and avoid sudden changes in speed or direction.
  • Use gentle motions while driving: accelerate gradually, turn slowly, and brake carefully and early. Avoid unexpected quick movements that could put you in a spin, by leaving ample room between you and adjacent cars. Anticipate turns, stops, and lane changes well in advance.
  • Conversely, don’t go too slow. Your car may need some momentum to be able to push through heavier snow without getting stuck.
  • Steer clear of trucks. They are heavier than cars and have considerably longer stopping distances. Their tires also tend to spray snow and rain into parallel lanes, further hindering your visibility.
  • If you have a vehicle with four-wheel drive, do not get overconfident and rely on this feature to get you out of a problem. The traction and force resulting from the transfer of engine power to all four wheels does help get you going from a stop, but it does not assist your vehicle’s braking ability. In fact, vehicles equipped with four-wheel drive often are heavier than similar two-wheel drive vehicles, and require more time and braking power to come to a stop.
  • See and be seen. Always keep your lights on while driving through rain, snow, and fog.
  • One of the greatest winter weather threats can be icy roads, and in particular, icy bridges. A bridge is exposed to air on all of its surfaces – on top, underneath and on its sides. In contrast, a normal road surface is exposed to air on only one side, its top surface. When temperatures drop, this means bridges will cool and accumulate snow and ice faster than roadways on solid ground.

    The most dangerous aspect of an icy bridge is the element of surprise – it can catch drivers off guard, who are traveling at full speed because the rest of the road is either clear or just a little wet. The consequences of driving onto ice at highway speeds can be catastrophic, as the loss of control and impacts happen much faster than in most other conditions. Slides are often unrecoverable and chain-reaction type accidents are common, as additional vehicles may lose control in the same location.

    No matter what type of road you are driving, always pay attention to your surroundings. Protect yourself and your family, and arrive at your destination safely!

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    Health Insurance Companies Resort to New Ways of Denying Medical Benefits to Policyholders

    Monday, August 4th, 2008

    Health insurance companies are finding new ways to avoid paying claims of policyholders most in need of medical treatment.

    One of the latest insurance company tactics is rescinding policies after individuals file claims, and encouraging them to pursue benefits from Medicare, Medicaid, or other sources.

    Another serious problem is “dual-role insurers,” which are companies that not only pay benefits, but also decide who is entitled to receive them. While the federal Employee Retirement Income Security Act allows insurance companies to do this, many argue this dual role presents an inherent conflict of interest.

    Some insurers are directing staff to scrutinize each claim, to find any hint of “misrepresentation” that would be an excuse to cancel a policy. For example, a company might try to revoke a policy, if an individual did not identify a previous health problem or medical procedure on his or her initial insurance application.

    Increasing public attention has prompted state industry regulators to investigate and fine some health insurers for these unfair and unlawful practices. One recent investigation revealed that an insurer paid employee bonuses, based on the number of policies they cancelled.

    In short, these companies increase profits by wrongfully denying claims of their sickest policyholders, and continuing coverage only to those who are healthy.

    If you or a loved one has encountered similar problems with your insurance company, you need to protect your legal rights. Contact an experienced attorney who can help you receive the medical benefits and coverage that you deserve.

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    What to do After a Truck Accident

    Saturday, July 19th, 2008

    If you were in a motor vehicle accident involving a truck, here are some simple guidelines to protect yourself — and your legal rights:

    Stay Calm

  • A truck accident can be a very upsetting experience. But it is important not to panic. Instead, keep a clear head, focus first on acting to protect yourself and help other accident victims.
  • Do not discuss the accident with anyone other than the police.
  • Do not blame anyone, including yourself.
  • Never argue with the other driver — even if you are sure that person caused the accident.
  • Get Help After a Truck Accident

  • Do not leave the site of the accident. Call 9-1-1 from the accident scene, to tell police about the collision. If anyone was injured, ask the 9-1-1 operator to send emergency medical personnel to the accident site immediately.
  • Set flares, if you carry them, to warn other drivers to slow down and avoid the people and vehicles involved in the accident.
  • Get All the Facts After Truck Accident

  • Write down the name, address, phone number, drivers license number and state, license plate number, registration, and insurance information, including the insurance policy number.
  • If the driver of the other vehicle was not the owner, write down the name, address, insurance company, and insurance policy number of the owner of that vehicle.
  • Ask the police about all injured parties, including passengers. If possible, take down their names, addresses, dates of birth, sex, and extent of injuries.
  • Look around for anyone who might have seen the truck accident, including bystanders and occupants of other vehicles. Be sure to write down the names, addresses, and phone numbers of all these witnesses.
  • Check Out All the Damages Caused by the Truck Accident

  • Write down the make, body type, year, and license number of the truck and any other vehicles involved in the accident.
  • Also, note the damage to the truck and other vehicles.
  • Check Out the Truck Accident Scene

  • Draw a diagram of the truck accident site.
  • Mark down the street names, and the location of any stop lights, traffic control signs, or other landmarks.
  • Note the path of each vehicle just before the place where they collided.
  • Protect Your Health After a Truck Accident

  • After a truck accident, get medical attention. Sometimes, truck accident victims are too stunned right after a bad collision to know whether or not they were hurt. Therefore, it is wise to see your personal physician as soon as possible. Tell your doctor about the truck collision, so that he or she can check for internal injuries that may result from the trauma of a truck accident.
  • Report the Truck Accident

  • If police did not come to the truck accident scene, call the police to file a report, as soon as you are able to make a telephone call.
  • If the truck driver fled the crash scene, you still must report the truck accident to the police.
  • Get a copy of the police report about the truck accident whenever it is available.
  • File an Insurance Claim After a Truck Accident

  • Tell your insurance company about the truck accident immediately and get an insurance claim number. Ask the insurance representative to open a Personal Injury Protection (PIP) file, to preserve all of your legal rights under your policy.
  • Be sure to let your insurance company know if you were in a hit-and-run truck accident. Some insurance policies require notice of a claim involving an unidentified driver within 30 days of the truck accident.

    Tell your own insurance company that you claim your right to any uninsured or under-insured motorist coverage, in case the truck that hit you was not covered by motor vehicle insurance. Insurance companies often require prompt notice of these truck accident claims and may deny these benefits to anyone who does not follow the strict requirements in their policies.

    Get Help from an Experienced Truck Accident Attorney
    If you or a loved one was injured in a truck accident, talk with an experienced truck accident lawyer.

    Serious truck accident claims often involved complicated legal issues. The negligent truck driver, the company that owns the truck, and other persons involved in the truck accident may all have attorneys working to protect their interests and to stop you from getting the compensation you deserve, talk with an experienced truck accident lawyer.

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    Lower Michigan Auto Insurance Rates

    Saturday, May 3rd, 2008

    We all know that Michigan motorists pay a ton of money for their auto
    insurance. Our no-fault system in Michigan is the most generous in the
    nation. It has worked well for several decades (since the early
    1970s). However, it’s falling apart under its own weight.

    The primary culprit with regard to sky rocketing auto insurance rates
    are the increasing costs associated with the first party benefits.
    These benefits, sometimes referred to as the no-fault benefits or
    economic benefits, include unlimited medical coverage (and the related
    fee for service reimbursement to medical providers) and reimbursement
    for lost wages, attendant care and replacement services. The insurance
    industry estimates that twenty years ago first party benefits
    accounted for approximately 20% of the premium cost. Today, first
    party benefits have doubled to 40% of the premium cost. As medical
    costs increase, the cost of auto insurance will increase. Essentially,
    Michigan auto insurance companies have become health insurance
    companies. Despite the fact that most drivers are already paying for
    their own health insurance.

    Recently, an unlikely coalition of legislators and special interest
    groups including the Michigan Chamber of Commerce, Urban League, Small
    Business Association and legislators Virgil Smith (a Democrat) and
    Alan Sanborn (a Republican) introduced an effort to reduce auto
    insurance rates. Their proposal involves a $50,000 cap on no-fault
    benefits. This approach is often referred to as “PIP Choice”. The same
    approach that was roundly rejected (by a 30 point margin) in the early
    90’s in two state wide voter initiatives. For many reasons, the
    specific approach is misguided.

    However, an approach that might accomplish the same result – lower
    auto insurance rates in Michigan – has support from many important
    stakeholders in this debate. This approach seeks to adopt a fee
    schedule for medical providers that is identical to the worker’s
    compensation fee schedule – a system that already works. Importantly,
    this reimbursement approach is more generous than private insurance
    (including Blue Cross and all HMOs).

    An approach involving fee schedules would accomplish everyone’s
    objective – lower auto insurance rates – without cutting off (read -
    shifting the responsibility to the state…read – forcing Michigan
    taxpayers to pick up the tab) catastrophically injured auto accident
    victims when they blow through the $50,000 cap.

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    Safety Tips For Auto Drivers Sharing The Road With Large Trucks

    Monday, April 7th, 2008

    Our highways accommodate millions of passenger vehicles, buses trucks, and tractor-trailers. These extremely large semi trucks carry essential products, parts, livestock, and equipment for business and consumers. Economically we need these big trucks, but sharing the road with them can be very dangerous. When driving near a tractor trailer be alert and take extra safety precautions.

    Know the Risks:

    Most states allow extremely large trucks and tractor-trailers to travel on major highways. The following are some of the current legal standards for semi trucks, tractor-trailers, and other large trucks:

    • A loaded tractor-trailer can be up to 8 1/2 feet wide — 50% wider that a passenger car. (102 inches)
    • The overall length of a truck hauling a trailer can be up to 65 feet on designated truck routes.
    • The length of a tractor-trailer transporting logs can be up to 70 feet, or more than 4 times the length of an average automobile.
    • There is no overall limit on the length of a semi truck, if it is pulling one trailer no longer than 50 feet or two trailers no longer than 28 ½ feet each.
    • The normal maximum load for a truck with a single trailer can be as much as 80,000 pounds. A few states, including Michigan, allow trailers with multiple axles and tires to haul up to 120,000. Watch for these trucks which usually carry steel, gravel, heavy equipment, asphalt, and other extremely heavy goods.
    • The maximum weight of a tractor truck with two loaded trailers can be as much as 160,000 pounds, about the same weight as 50 passenger cars.

    The enormous size and weight of a tractor-trailer make it a potentially dangerous vehicle, even if a skilled and careful truck driver is at the wheel.

    Safety Tips for Auto Drivers Sharing the Road with Large Trucks

    If you are on the highway near a tractor trailer or semi truck, you can reduce the risk of a serious accident by driving with extra care. Here are safety guidelines to help you protect yourself and your family:

    • Stay out of truck blind spots. Although every truck has side mirrors, the driver still has blind spots–areas directly behind and on both sides of the truck where the driver cannot see cars. Look at the truck, if you can’t see the driver’s side view mirrors, you are in the blind spot and the driver can’t see you. If your car is next to a large truck, either drive on past or back off. If you are passing, try to drive your car on the left side where the blind spot is smaller.
    • Never follow a large truck too closely. Keep 20 to 25 car lengths between the front of your vehicle and the back of a large truck. This extra distance will allow you to see in front of the truck. In case there is congested traffic or an accident up ahead, you will see it in time to stop or safely steer your car away from the danger.
    • Use extra caution when passing a large truck. After you pass a large truck, do not pull your car back into its traffic lane until you can see its headlights in your rear view mirror. Leaving this extra distance gives the truck driver the time to slow down or stop if something is happening on the highway ahead.
    • Always remember that a loaded tractor-trailer or semi truck needs as much as 100 yards — the length of a football field — to come to a complete stop. No matter how crowded the highway, make sure to maintain this safe distance. If the truck driver ignores this margin of safety and follows your car too closely, do not take a chance. Move your car into another traffic lane.
    • Always use your turn signals when changing lanes. Drivers around you need to know what you are doing to maintain safe driving distances.
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    Good News – Michigan Car and Truck Accident Injuries Decline

    Sunday, August 5th, 2007

    According to the National Highway Traffic Safety Administration (NHTSA), fatal Michigan motor vehicle accidents dropped by 4% last year.

    This good news appears in NHTSA’s recent preview of the 2006 Traffic Safety Annual Assessment, a comprehensive analysis of highway accidents in the United States.

    The total number of auto accident victims has decreased nationally. Between 2005 and 2006, car accident deaths dropped 3.8%, light truck accident deaths dropped 2.4%, but large truck accident deaths rose by 0.1%.

    Meanwhile, car accident injuries declined 6.2%, light truck accident injuries declined 1.7%, and large truck accident injuries declined 15%.

    Unfortunately, the death rate from drunk driving accidents was essentially unchanged.

    The NHTSA preview report included grim news for motorcyclists. The number of people killed in motorcycle accidents rose by 5.1%, while the number of people injured in motorcycle accidents rose by 1.1%. Deaths resulting from motorcycle accidents now account for 11% of all fatal highway accidents.

    Later this year, NHTSA will issue its full report on 2006 highway accidents, including more detailed statistics about Michigan motor vehicle accidents.

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