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Unsafe FMCSA Commercial Drivers License (CDL) changes

May 18, 2013

The Federal Motor Carrier Safety Administration caves to pressure from truck industry lobby, compromises CDL process and safety

CDL changes

Caving to pressure from the trucking industry, the Federal Motor Carrier Safety Administration (FMCSA) has eased up on some of the regulations relating to the issuance of Commercial Driver’s Licenses (CDLs).

As a truck accident lawyer who litigates very serious truck accident cases mostly in Michigan but also in the last decade in other states around the country, I’ve seen the devastating consequences firsthand.  The government began regulating safety with motor carriers because of the numbers of deaths and preventable crashes, and it remains the government’s responsibility to enact and enforce sensible rules to prevent truck accidents.

This is a preview of Unsafe FMCSA Commercial Drivers License (CDL) changes. Read the full post (669 words, 1 image, estimated 2:41 mins reading time)
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Minors on motorcycles: What are the laws in Michigan?

May 17, 2013

minor on motorcycle

May is Motorcycle Safety Month and National Youth Traffic Safety Month, so this topic couldn’t be more fitting. It sounds counter intuitive to allow teens and even children to ride motorcycles and motorized vehicles, but it is actually legal.  But being legal and safe are too different things.

As an attorney who has helped far too many people injured in motorcycle crashes, I would advise parents to hold off on giving their kids rides on motorcycles. The statistics -  especially with younger riders and supersport, or “crotchrocket” motorcycles – of serious injury show that there is no substitute for experience and the riding judgment that comes with it.

This is a preview of Minors on motorcycles: What are the laws in Michigan?. Read the full post (477 words, 1 image, estimated 1:54 mins reading time)
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Rep. Phil Cavanagh calls for scrutiny of the Michigan Catastrophic Claims Association

May 16, 2013

Democrat urges that MCCA should be lawmakers’ focus if claims of its “unsustainability” is what’s driving No Fault reform

Rep. Phil Cavanagh

Rep. Phil Cavanagh (D-Redford Township), makes an incredibly important point in his guest blog post today.

Referring to testimony at the recent House Insurance Committee hearing on House Bill 4612 that the Michigan Catastrophic Claims Association is “unsustainable” and it is hurting insurers’ credit ratings  (when did this become a concern of the Michigan Legislature?), Rep. Cavanagh asks the obvious and logical question:

This is a preview of Rep. Phil Cavanagh calls for scrutiny of the Michigan Catastrophic Claims Association. Read the full post (1280 words, 1 image, estimated 5:07 mins reading time)
Posted in Michigan No Fault Benefits, Michigan No Fault Insurance, Michigan No Fault Law | Tagged , , , | Leave a comment

Attorney Steve Gursten on NPR: Will changes to No Fault auto insurance cost more than they save?

May 15, 2013

I recently had the pleasure of being a guest on the Lester Graham Show, on NPR Michigan Radio. We talked about Gov. Rick Snyder’s efforts to enact No Fault “reform” to Michigan’s  insurance system.

Here’s the full story on NPR Michigan Radio:

Could changes to auto Personal Injury Protection cost more than they save?

For more information, you can also check out our Michigan No Fault Reform Resource Center. No Fault reform proposals include capping necessary medical benefits from anywhere from $50,000 (Reps. Virgil Smith and Joseph Hune) to $1 million (Rep. Pete Lund and Gov. Snyder).

This is a preview of Attorney Steve Gursten on NPR: Will changes to No Fault auto insurance cost more than they save?. Read the full post (549 words, estimated 2:12 mins reading time)
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Does a bicyclist have to obey the same traffic laws as a motorist?

May 14, 2013

During National Bike Month in May, learn about bicycle traffic laws in Michigan and important safety tips

bicyclists and traffic lawsjpg

Spring is finally here, and that means more people getting some sunshine and going on bike rides to have some fun. May is National Bike Month, which is a great time to hop on your bike and ride, but also to think about bicycle safety to protect yourself.

According to the Michigan Traffic Crash Facts website, in 2011:

  • 1,895 bicyclists were involved in motor vehicle crashes in Michigan.
  • 24 bicyclists were killed on Michigan roadways in 2011.
This is a preview of Does a bicyclist have to obey the same traffic laws as a motorist?. Read the full post (541 words, 1 image, estimated 2:10 mins reading time)
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Name Your Price: What do you want to pay for Michigan auto insurance?

May 13, 2013

Michigan auto insurance prices

Gov. Rick Snyder, Rep. Pete Lund, and Michigan’s auto insurance industry claim that their motivation for House Bill 4612 is to save consumers money on auto insurance.

You can review the chart below to see just how much Michigan drivers will be giving up in exchange for a one-time promise of savings of approximately $150. And to read more information about Michigan No Fault reform, visit our comprehensive resource center.

So, for you auto insurance consumers out there, it’s time to have your voices heard:

WHAT DO YOU WANT TO PAY FOR MICHIGAN AUTO INSURANCE?

This is a preview of Name Your Price: What do you want to pay for Michigan auto insurance?. Read the full post (665 words, 2 images, estimated 2:40 mins reading time)
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New rule on self-reporting out of state truck accidents will lead to…more truck accidents

May 11, 2013

reporting traffic convictions for truckers

As of April 26, 2013, truck drivers with commercial drivers licenses no longer have to to report out-of-state traffic convictions to their home-state licensing agency.

This is because the Federal Motor Carrier Administration (FMSCA) eliminated the reporting regulation for interstate commercial truck and bus drivers and state licensing offices, stating that the reporting regulation had been made redundant by technological advances.

Wrong.  I personally feel this is a terrible idea.  In our world of state budget cuts, we – not just lawyers but law enforcement, safety directors and insurers – rely ever more on the ticketing state to report the offense to a driver’s home state and specifically the home state’s DMV.

This is a preview of New rule on self-reporting out of state truck accidents will lead to…more truck accidents. Read the full post (547 words, 1 image, estimated 2:11 mins reading time)
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How I got my start: My advice for new attorneys

May 10, 2013

The question of how to differentiate yourself from the thousands of lawyers in your market is more important than ever before

Advice for young law school students

How can you possibly distinguish and differentiate yourself in an overcrowded legal market, where the supply is greater than the demand, and where the competition is more fierce than ever before?

And how can you possibly do this as a new lawyer, competing against lawyers with decades more experience than you? I was recently invited to publish a post with my advice for new lawyers on Lawyernomics, an Avvo blog that focuses more on the business of law.

This is a preview of How I got my start: My advice for new attorneys. Read the full post (468 words, 1 image, estimated 1:52 mins reading time)
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My response to Insurance Institute of Michigan director Pete Kuhnmuench on auto insurance company profits and how they affect Michigan drivers’ pocketbooks

May 9, 2013
Peter Kuhnmuench, executive director of the Insurance Institute Of Michigan

Peter Kuhnmuench, executive director of the Insurance Institute Of Michigan

I was recently featured as a guest writer for the Detroit Free Press, on the topic of No Fault reform. Here’s my article:

Steven M. Gursten: Profits, not medical claims, drive up the cost of auto insurance in Michigan

The crux of my article was that Michigan auto insurance companies collected more than $2 billion more in auto premiums in 2011 than they paid out in claims – and pocketed the difference, according to data provided to Michigan Auto Law by the National Association of Insurance Commissioners and the Michigan Office of Financial and Insurance Regulation.

This is a preview of My response to Insurance Institute of Michigan director Pete Kuhnmuench on auto insurance company profits and how they affect Michigan drivers’ pocketbooks. Read the full post (1451 words, 1 image, estimated 5:48 mins reading time)
Posted in Michigan Car Accidents, Michigan No Fault Law | Tagged , , | 1 Comment

8 Steps to Better – and Safer – Street Motorcycle Riding

May 9, 2013

safe motorcycle street riding tips

As part of Motorcycle Safety Awareness Month, I’d like to share another guest post from Dan Petterson, president of SMARTER motorcycle safety group, which stands for Skilled Motorcyclist Association –Responsible, Trained and Educated Riders.

There have been many recent motorcycle accident deaths due to the helmet repeal, and fatal crashes due to unsafe motorcycle riding, like the recent one I read about in the news in Madison Heights, Michigan, where a motorcyclist was seen doing wheelies and going 100 miles on the highway before he crashed.

This is a preview of 8 Steps to Better – and Safer – Street Motorcycle Riding. Read the full post (2004 words, 1 image, estimated 8:01 mins reading time)
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