A tragic accident claimed the life of a 16 year old girl and seriously injured a 19 year old man Friday in Southfield, Michigan off of I-696 near Lahser Road.  The injured wre part of a Michigan Department of Transportation youth summer work program.  The participants are exemplary students who get paid to make the roadways look clean.  They pick up trash and paint over graffiti near the roadways.  Apparently, the youth were exiting the minivan when a Ford Excursion drove off the road way and struck the back of the van.  Police are investigating but it is believed that the 60 year old driver of the van fell asleep at the wheel.

As a parent, these cases are incredibly disturbing and upsetting to me.  These youth were among our elite students who were working hard in the summer to beautify our roadways.  To lose them in this type of tragedy because an SUV driver simply fell asleep is tragic  Police have not determined if they will charge the driver with any type of crime, but clearly one does not have a hard to imagining that criminial charges would be appropriate, even if the man did not intend to cause the accident.  Simply put, a 60 year old should know enough not to get behind the wheel and drive if he is too tired.

 If I was the attorney handling this case for the families, I would immediately begin my investigation to determine the cause of the accident.  This involves examining the vehicles and hiring a private investigator to take witness statements.  A complete analysis of insurance issues for all vehicles involved is also important to determine the benefits under the Michigan No-Fault law.  The family of the girl can pursue a Michigan Wrongful Death case against the driver and the other injured 19 year old can file a lawsuit against the driver of the Excursion for his injuries.  I handle cases like this one on a regular basis and the key to a successful outcome is often hiring the best lawyer as soon as possible after the accident.

Kroger beef is to blame as the source of the recent E. coli bacteria outbreak in Michigan and Ohio.  Several dozen victims have been identified with symptoms including vomiting, stomach pain, diahrrea, and nausea.  Many of those infected with the bacteria have sought treatment at local hospitals.  Fortunately, no deaths from the outbreak have been reported.

My firm represents clients in food poisoning outbreaks that result for food served at restaurants and sold at grocery stores and markets.  The injuries are often significant and victims do have legal recourse against the sellers of the tainted food.  This would include the Kroger beef what has been identified as the source of this recent outbreak.  Victims can recover monetary compensation for their pain and suffering, discomfort, loss of enjoyment of life, as well as recoupment of their medical bills and other expenses.  Anyone who has suffered illness in the E. coli poisoning outbreak should contact me as soon as possible to learn their rights.

It always seems that the number of reported Michigan drunk driving accidents rises every summer.  This time of year is especially dangerous with the number of high school graduation parties, college graduation, summer barbeques, and outdoor partying in general.   The liquor seems to flow freely and the inevitable result is an increase in the number of drunk driving car accidents and fatal Michigan car accidents. 

When a drunk driver injures another in a car accident, the driver is clearly negligent and can be accountable for the injuries and damages caused in the accident.  In some circumstances, the bar, liquor store, or restaurant that served the driver alcohol or beer can also be sued for civil damages.  This is called a “Dram Shop” case.  To win such a case, the evidence must show that the drunk driver was visibly intoxicated at the time of being served alcohol.  This is often established by witness testimony and toxicologists who can look at a blood alcohol level, the physical characteristics of the intoxicated person, and other factors and then give an opinion as to essentially how the person would have acted at the time he was served the drink. 

The establishment that served the drink will always argue that the person was not acting drunk and a jury will have to make that tough decision.  It is important to hire a lawyer immediately after a Michigan car accident involving a drunk driver so that witnesses can be located to prove how the person was acting when served the alcohol.  Statements regarding the person being clumsy, loud, stumbling, etc. can be used to prove the case. 

A delay in hiring a lawyer often results in it being impossible later to identify and interview these witnesses, which then makes it impossible to win the case.  Anyone injured by a drunk driver should call me ASAP to start on their case or fill out our contact form.

My firm handles a significant number of Michigan car accident cases for accident injury victims.  Among the first questions asked by our clients is, “Who is going to pay for the repair and damages to my car?”  Obviously, a good question and a major concern.  The answer depends on a number of factors, including the type of insurance coverage purchased for the vehicle. 

Attorney Daniel L. Buckfire at my office authored “The Ultimate Michigan Car Accident Handbook” to explain all of the possible legal claims that accident victims can make in the State of Michigan.  One chapter in the book answers the most common questions about property damage and repair damage claims.  I have pasted that chapter below.  To request the entire book, just click here now or call my office at 1-800-606-1717 and I’ll send out it to you for free.

Car Repairs and Damage Claims

Who has to pay for the repairs and damage to my car? 

How much you will receive depends on whether you or the other driver was at fault and on what type of collision coverage you had on the car.  Your own car insurance pays for the repairs on your vehicle.

What types of collision coverage are there? 

There are three types of collision coverage for repairs to your car.  They are called Limited Collision Coverage, Standard Collision Coverage, and Broad Form Collision Coverage.

What if I did not buy collision coverage? 

If you did not buy collision coverage, you will have to pay for the repairs to your car even if you were not at fault in the accident.  You may be able to recover up to $500.00 from the other driver or his insurance company.   This is called a mini-tort claim.

What is a deductible? 

This it the amount that you agree to pay toward the cost of repairs before the insurance company steps in to pay the rest.

How much money out of my pocket will I have to pay for the repairs? 

This depends on which type of coverage you had at the time of the accident.. Once you have determined whether you have Limited Collision Coverage, Standard Collision Coverage, or Broad Form Collision Coverage, you need to determine who was at fault for the accident.  Call your car insurance agent for a further explanation of the type coverage on your vehicle..

Do I  have to pay for repairs and damages to another person’s car if I caused the accident? 

If you had insurance on your vehicle, the most you will have to pay is the deductible for the other car.  The maximum is $500.00.  If  the other car was not insured for collision coverage, the most you will have to pay is $500.00 even  if the damage costs much more to repair.  The amount you are required to pay is still based upon your percentage of fault in the accident.  Also, many times your insurance policy will cover the other driver’s deductible if you were at fault in the accident.

This sounds confusing.  How do I know how much I have to pay or my insurance company has to pay? 

Accident More than 50% Your Fault 

            Type of Coverage                                             Who Pays

Limited Collision Coverage                               Your insurance company pays nothing. You pay for all repairs.

Standard Collision Coverage                             Your insurance company pays

                                                                        but you must pay your deductible.

Broad Form Collision Coverage                        Your insurance company pays

                                                                        but you must pay your deductible.

Accident Less  than 50% Your Fault 

            Type of Coverage                                             Who Pays

Limited Collision Coverage                               Your insurance company pays but you must pay your deductible.

Standard Collision Coverage                             Your insurance company pays

                                                                        but you must pay your deductible.

Broad Form Collision Coverage                        Your insurance company pays

                                                                        and you do not have to  pay your deductible.

I recommend that you consult with a knowledgeable attorney to determine exactly what type of coverage you had and who has to pay for the repairs to your damaged car.

The Michigan Neuropsychological Society is sponsoring a great summer conference on current issues related to Michigan Attendant Care Benefits under the Michigan No-Fault Law.  Attorney Daniel Buckfire at our office (my brother), is recognized as one of the top no-fault insurance attorneys in Michigan and will be a featured speaker at the conference.  Other speakers include Bradley Sewick Ph.D. (neuropsychologist), Bryan Weinstein, D.O. (psychiatrist), and Greg Boyajian (CEO Ameristaff).

The subjects will include an update on recent legal issues that affect attendant care benefits cases and the medical basis for recommending these services.  The panel will also discuss the circumestances in which professional staffing agencies might more appropriate than family provided services and when the two should work together for the benefit of the accident victim. 

The seminar is on July 15, 2008 at the Birmingham Community House and seating is limited.  Attendees will include nurse case managers, social workers, and other medical providers.  For more information, call Tracy at (248) 350-3650.