Michigan car accident attorney explains the car accident law and important time limits

As an accident attorney, I’ve sadly been involved in many  car accidents that have resulted in profoundly tragic deaths. I’ve been contacted by grieving family members and loved ones, and I’ve had to explain the law for when family members can file a lawsuit against a negligent driver (and the auto insurance company that insured the vehicle) that caused the fatal crash.

Lawsuit involving fatal drunk driving crash brings scrutiny on Daimler Chrysler Insurance Company ‘scheme’ that wrongly denies liability coverage to premium-paying insureds

As an auto accident lawyer in Michigan, I’ve witnessed unimaginable amounts of outrageously deplorable conduct by insurance companies. So I can say with confidence that the actions of Daimler Chrysler Insurance Company (DCIC) in Abay v. Daimler Chrysler Insurance Company, et al., rank right up there with the worst auto insurance companies in Michigan.

On December 10, 2003, Mira Abay, a proud mother of three daughters, was killed when a drunken, cocaine-using Kelly Brooks crashed her acquaintance’s car into Ms. Abay’s vehicle.

Last week I went to Chicago for the American Association for Justice Interstate Truck Accident Litigation Group seminar. As president of the group, I helped organize the event, which was a great success with nearly 100 lawyers who handle truck accident cases coming together from all over the country. But the primary reason I counted the program a success is because it reminded the truck accident lawyers just how important our jobs are.

From talking with many of the attorneys, one message that came across loud and clear is just how many trucking companies will hurt others and allow others to be hurt if there is no punishment for their negligence.

In my previous blog, “Crotch Rocket” Motorcycle Death Rates Continue to Rise in Michigan, I discussed the extreme danger of young, inexperienced crotch rocket drivers who daringly dart down Michigan roads at speeds exceeding 150 miles per hour. For supersport drivers who cause accidents, the legal outcomes regarding a third-party tort case for injuries and pain and suffering are generally unfavorable — especially compared to those of car or truck drivers.

However, the no-fault attendant care lawyers of Michigan Auto Law have been able to successfully help many motorcyclists — even those who cause motorcycle accidents — receive important no-fault attendant care benefits.

It’s no surprise that texting while driving on Michigan roads greatly increases the likelihood of getting into a serious car accident. But one recent tragedy is providing a shocking, real-life example — that automobile accident lawyers can also learn from.

The National Transportation Safety Board is investigating a Los Angeles Metrolink commuter train crash, which resulted in 25 deaths and 128 people injured. According to published reports, it’s suspected that the engineer of the train was text messaging when the train ran a stop signal and crashed into an oncoming freight engine.

As lawyers helping Michigan drivers involved in serious car accidents and truck accidents, we know from very real cases how dangerous texting while driving can be. Yet the same people who would never drink and drive think nothing about how completely unsafe it is to text while driving.

It is human nature to believe one is invincible, and people will no doubt continue to pound away on the keypads of their cell phones during their lengthy commutes. In fact, an estimated 18-20 percent of drivers are sending or receiving text messages while behind the wheel, stated a recent Nationwide Insurance study.

As Michigan lawyers handling truck accidents, our truck accident lawyers have litigated several truck underride crashes. Underride truck accident cases are usually catastrophic, as most involve cars smashing at high speeds into the rear or sides of large semi trucks or tractor-trailers.

Recently, my friend Ken Shigley, an excellent Atlanta truck accident lawyer, spoke on this subject. Ken stepped in to speak for Allan J. Kam, who consults on federal motor carrier safety issues around the country, at an advanced seminar on litigating truck accident crashes. The presentation was shocking. It showed how politicians and the trucking industry have conspired to oppose inexpensive safety changes that have led to thousands of semi truck accident wrongful deaths and catastrophic serious injuries from underride accidents over the past 40 years.

In late July, I took the deposition of a truck driver who killed a wonderful husband and father of two beautiful little girls. In this completely preventable Michigan truck accident case, the driver lost control of his fully-loaded 150,000-pound gravel truck and swerved into my client’s car as it was traveling alongside the truck on I-75 in Detroit, killing him.

The driver admitted he had received no formal training or supervision from his employer. He also said he failed to inspect the truck’s tires and brakes. Additionally, he had a seizure disorder and was on powerful epilepsy medication that causes drowsiness and delayed reaction time.

In late July, Michigan was listed among the top 12 most sanctioned states in the nation that allow truck drivers with serious medical problems, including seizure disorders, to drive large tractor-trailers on the roads and that fail to require truck drivers to carry valid medical certificates. Clearly, Michigan is destined to have more truck accidents due to this sad fact.

Nick Bollea, the teenage son of wrestling idol Hulk Hogan and star of VH1 reality show “Hogan Knows Best,” is serving eight months in jail on charges of causing a car accident that critically injured his best friend.

Given the tremendous amount of publicity the case has received and my firm’s experience in helping people who have suffered serious personal injury and wrongful death in car accidents and truck accidents throughout Michigan, I’m compelled to inform the public of what results a lawsuit with similar facts would garner accident victims if it happened to occur in Michigan. And it’s not a pretty picture.