Posted by rozeklawoffice on August 21, 2010 under General | 
My friend and fellow trial lawyer Steve Gursten of Michigan recently contacted me regarding a significant change in Michigan personal injury law. In the August 1, 2010, Michigan Supreme Court case of McCormick v. Carrier the court restored the rights of those who sustained serious injury in Michigan car accidents. The recent case overturned a prior 2004 Michigan Supreme Court decision that prevented hundreds if not thousands of seriously injured Michigan auto accident victims from pursuing a claim for the full extent of their harms and losses, specifically pain and suffering claims. The new decision redefines what is to be considered a “serious impairment of body function.” The old law only allowed claims for the most devastating of injuries. Michigan was long considered one of the worst places to be injured in an auto accident because the old law violated the civil rights of auto accident victims, except in most severe of injury cases.
For a detailed analysis of the decision see McCormick v. Carrier and its effect on Michigan auto law requirements.
Follow this link for a detailed explanation of Michigan Auto Accident Law.
If you or a loved one have been injured in Michigan, I strongly suggest you contact Attorney Gursten to determine whether you have a claim.
Posted by rozeklawoffice on August 8, 2010 under Safe Driving Tips |
The Wisconsin Department of Transportation has announced that seatbelt use has resulted in decline of traffic deaths in Wisconsin. The numbers are in and July of 2010 was tied for the second least deadly July since World War II. July of 2010 tied with July of 1946 with 49 deaths on Wisconsin roadways. The same month last year, July of 2009, resulted in the lowest number of fatalities, with 46 deaths.
While the number of fatalities may seem high for such a small state population-wise, but one gains a much better perspective by looking at the two highest fatality months in Wisconsin traffic death history. In both July of 1966 and July of 1971, 140 people died as a result of Wisconsin traffic crashes.
The number of Wisconsin traffic fatalities are also down as a whole for the year of 2010. So far, through July 31, there have been 303 deaths attributable to traffic crashes in Wisconsin. The five year average of traffic fatalities from January 1 – July 31 is 375.
Wisconsin car accidents resulted in the largest percentage of fatalities. Wisconsin motorcycle accidents were a distant second at 62 deaths of motorcycle drivers and passengers in the first seven months of 2010. There were also 24 fatalities involving Wisconsin pedestrian accidents and 4 fatalities resulting from Wisconsin bicycle accidents.
A Wisconsin Department of Transportation spokesman attributed this decrease in Wisconsin traffic fatalities to seatbelt usage among Wisconsin residents. The use of seatbelts by Wisconsin drivers has reached an all-time high of 79 percent. However, that is still lower than the national average of 84 percent and significantly lower than our neighboring states, all of which are over 90 percent.
While these statistics may seem to offer little benefit to the friends and family members that have already lost loved ones as a result of Wisconsin traffic crashes, the DOT numbers do show hope for the future reduction in the number of traffic fatalities through the proper use of seatbelts. We urge friends and family members to get the word out in their community about the importance of proper seatbelt use. Letters to the editor of their local paper, speeches to civic groups and local high schools and even just speaking with other loved ones, Wisconsin should strive to increase our relatively low 79 percent rate of seatbelt usage.
Posted by rozeklawoffice on July 4, 2010 under Drunk Driving |
This fourth of July weekend, the Milwaukee County Sheriff’s Department is taking part in a multi-state program focusing on arresting I-94 drunk drivers. The program, referred to as the I-94 Corridor Traffic Enforcement Project, covers 7 states and 1,500 miles of I-94. Officials across all states chose I-94 because of the high number of alcohol related crashes, many of which result in fatalities.
While the enforcement project is an attempt to curb Milwaukee County drunk driving accidents along I-94, it comes just days after Wisconsin’s new operating while intoxicated laws went into effect. There are four main areas of emphasis in Wisconsin new OWI law changes:
- A fourth offense Operating While Intoxicated will be a felony if it occurs within five years of an earlier offense.
- Ignition interlocks devices will be required for repeat offenders and first-time offenders at or above a 0.15 blood alcohol level.
- A greater emphasis will be placed on treatment for drunk drivers, helping reduce repeat offenses.
- Increases first offense OWI to a misdemeanor if a child under 16 is in the vehicle.
It is too early to determine if Wisconsin’s law changes will actually deter any drunk drivers from getting behind the wheel, but prior to the law change, Wisconsin was one of only two states that punished 1st time drunk drivers with a traffic citations as opposed to a misdemeanor criminal offense.
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If you or a loved one have been injured as a result of someone operating while intoxicated, or for more information, contact an experienced Milwaukee Drunk Driving Accident Attorney.
Posted by rozeklawoffice on June 6, 2010 under Scooter Accidents |
The large rise in gas prices a few years ago combined with the economic downturn has resulted in people seeking ways to save money and cut expenses. One of the most practical solutions involved cutting back on transportation expenses which has resulted in a marked increase in the popularity of scooters in Wisconsin. Scooters are an excellent economical alternative to gas guzzling cars and trucks.
Wisconsin has also become the 49th state to enact mandatory automobile insurance and that has many scooter riders upset. It seems that the legislature has not done anything to exempt scooters from the mandatory insurance coverage law.
Wisconsin law considers scooters vehicles. This obviously means scooters in Wisconsin are subject to the same rules of the road as all other motor vehicles, but it also means they are required to carry the same amount of minimum insurance, which is now $50,000 of liability coverage and $15,000 of property damage coverage per scooter.
Some lawmakers have admitted they failed to create an exception to the mandatory insurance coverage laws for scooters. Hopefully, they will act soon to at least adjust the property damage limit of liability downward.
