Michigan car accident lawyers often handle cases for clients involved in rollover accidents.  Determining the cause of an SUV rollover and the parties responsible can be  a difficult and complex process. The auto and tire industries have been slow to accept responsibility for the design defects which cause or contribute to cause vehicles to roll over. In almost every case, they attempt to blame the driver for failure to maintain control of the vehicle or driving too fast for conditions.  We hire the best accident reconstruction experts available to dispute their claims and to win cases for our clients.

Rollover motor vehicle accidents quite often result in life altering injuries, permanent disability or even death.  Injuries often include spinal cord injuries, traumatic brain injuries, severe orthopedic fractures, and other serious injuries.  Cases involving death can give rise to a Michigan Wrongful Death lawsuit.

Personal injuries from rollover accidents can occur in any vehicle including passenger vehicles, but minivans, pickup truck and sport utility vehicle (SUV) have a greater chance of a single vehicle crash rollover.  This is primarily due to the fact that these vehicles are taller (higher center of gravity) and narrower.  Even a 5 start rated vehicle has a 10% chance of a roll over accident.   Per the National Highway Traffic Safety Administration (NHTSA), about 95% of rollovers are tripped – meaning the vehicle strikes something low, such as a curb or shallow ditch, causing it to tip over.  The Insurance Institute for Highway Safety (IIHS) is a great source for the causes of rollover accidents.

A lawyer handling a rollover car accident case must be fully aware of the causes of rollover accidents to prove negligence on behalf of either the driver or the manufacturer of the vehicle.  It is extremely important to preserve the vehicle for examination by an engineer or accident reconstruction expert.  If the vehicle is junked after the accident, the potential defendants will argue that they have been denied a fair opportunity to prepare for trial because they have not been able to examine the evidence.  Experienced lawyers immediately photograph and videotape the evidence and most often carefully tow the damaged vehicle to a warehouse where it will be safe from the elements and available for an inspection at a later date.

I read a tragic story about Matthew Sweeney, a 14 year old from Sharon Township, Michigan who died in a rollover car accident Saturday morning.  He was a passenger iside a car driving by his 16 year old friend who lost control of the vehicle on a curvy road.  The vehicle struck an embankment and he was ejected from the car.

All parents worry everytime their teenage children go out driving with their friends and many parents watch their clocks until  their children walk back through the front door at the end of the night.  Everyone fears the nightmare of the late night call from the police with bad news.  In fact, most parents simply hope that the phone will not ring throughout the night.

From a legal perspective, the family of the teenager can file a Michigan wrongful death lawsuit against the negligent driver and the owner of the car.  Even though the boys were friends, a lawsuit would essentially go after the auto insurance policy limits of the other driver and the owner of the car, which is presumably a parent.  A claim for funeral and burial expenses can be made against the auto insurance company in the household of the young decedent.

After a tragedy, these matters are quite sensitive for families of both the driver and the young man who died in the accident.  As a lawyer, you need to be understanding of this issue and move forward with integrity to lessen the impact of the lawsuit.  When I get involved in these cases, I make sure that the family of the decedent understand exactly how the process works and do what ever is necessary to keep the family from re-living the tragedy.

I am often contacted by families mourning the loss of a loved one to discuss filing a Michigan wrongful death lawsuit against the person, business, or medical provider that it is believed to have wrongfully caused the death.   The conversation usually starts about the accident or incident itself and then moves to the big question, “Who can file the wrongful death lawsuit?”

In Michigan, there is the Michigan Wrongful Death Statute that sets forth the criteria and priority to see who can actually file the suit.  First and foremost, a probate estate must be opened with the county probate court.  A personal reprsentative is appointed by the probate judge.  This person then has authority to hire a lawyer to file the wrongful death lawsuit.

In a perfect world, all of the surviving family members would work together, agree on a personal reprsentative, select a lawyer by group decision, and then move forward with the case.  In reality, there are often disputes between family members on each and every single one of those decisions.  The Michigan Wrongful Death Act is a statute that sets forth the criteria for who has priority to become the personal representative.   In some occasions, there will be two people with equal priority (example would be if the decedent had two sons and they both wanted to be the personal representative) and then it unfortunately becomes a battle between the two of them.  Why do family members fight about this?

Simple.  Certain people want to control the lawsuit and hire the attorney of their choice.  It should not be surprising that many lawyers also push this issue so that they will be appointed to handle the case.  This is sad because the last thing the decedent would want is the family fighting over who will handle his or her death case. 

At the end of the case, if it settles, the family will then have to agree on the distribution of the wrongful death settlement proceeds.  Many times, families agree on the breakdown.  Again, unfortunately, many family members fight over their individual percentage of recovery.  If no agreement can be made, the presiding judge makes the determination.

You can see that in some circumstances, the true colors of many surviving family members are revealed when it comes time to getting control of the case and the settlement.  I have been successful in creating harmony in this process even amongst the most difficult family members and getting everyone “on board” to pursue the real purpose, which is compensation for the loss of a loved one.

Many of you have requested and read the legal  books written by myself and my brother, attorney Daniel L. Buckfire.  Our books on Michigan car accidents, Michigan personal injury cases, and Michigan dog bite cases are in constant demand by clients, medical providers, and citizens of the State of Michigan.  To see our library of free books, just click here. They are a tremendous resource for accident and injury victims and those people who are trying to figure out the difficult world of personal injury litigation.  The feedback that we receive on our books is incredible and we write them in plain English, not legalese, so that the non-lawyer can fully understand them.

I have just completed my book on Michigan medical malpractice cases and the publisher has indicated that it should be printed and ready for distribution by September 1, 2008.  “The Ultimate Michigan Medical Malpractice Handbook” explains the Michigan medical malpractice laws, the types of cases that merit the filing of a lawsuit, and the biggest pitfalls that prevent victims of malpractice from recovering for their injuries.  It discusses filing cases against Michigan hospitals, doctors, nurses, and even nursing homes and tells you why most medical malpractice victims never recover a dime for their injuries.

Like all of our books, I will make this new book available to the public for free.   Just send me an e-mail at larry@buckfirelaw.com and request the book.  You will get a copy hot off the press.  If you are interested in discussing a Michigan medical malpractice case, you can either call me at 1-800-606-1717 or fill out this contact form and I will get back with you.

Notice To Government Agency

After I wrote my blog yesterday on “Pothole Accidents: A Michigan Tradition,” I discussed the problem with attorney George Burke in my office.  George advised me that he had just resolved a claim against the City of Southfield for damage that a pothole caused to his beloved Mini Cooper a few weeks back.  The pothole damaged the rim and tire and they required replacement.  “It was easy,” he said.  “Here is what you need to do to file your claim and get paid.”

If you follow George’s instructions, you should have a good shot and being paid for your car damage by the governmental agency responsible for the damage to your car from the pothole.

1.  Take photographs of the pothole and the damage to your vehicle

2.  Get a written estimate for the damage to your car

3.  Get the names and addresses of any witnesses, including passengers in your car

4.  Figure out which government agency was responsible for the maintenance of the street, road, or highway.  These can get confusing because some roadways are under the control of the county, while others are under the control of the city or state.  Quite often, you can just call the county road commission, tell them where the accident happened, and they will tell you who was responsible for the roadway.

5.  Send a letter by certified mail within 90 days of the incident to the proper governmental agency.  If you have not figured out who controls the road, I would suggest sending the same letter to every possible agency.  Under Michigan law, you must send this letter within 90 days or your claim will be barred so cover yourself by sending to all possibilities.  The letter must include the date of the accident, location of the accident, a description of the road defect (like a pothole), and an explanation of the damage to the vehicle and injury to the occupant. 

I have attached a sample letter as a guideline for you. Just click on the link at the top of the pate

6.  Also submit a claim to your insurance company.

Like George, you will probably hear from someone on behalf of the government agency.  Quite often, it is an insurance adjuster for the city or someone in the risk management department.  They will want to see your photographs, a copy of your car insurance policy with the deductible listed on it, and your repair estimate.  George followed these steps and was reimbursed quickly.  The same should work for you.