Michigan Personal Injury Blog - Driving

Pair of Holiday-Weekend Accidents Result in Death, Injury

David Mittleman — Sun, 29 Nov 2009 20:16:28 GMT

Two young Lansing, Michigan residents fell victim to car crashes over the Thanksgiving holiday - a sobering reminder of the hazards of one of the busiest travel seasons of the year.

Christy Luckett, 30, died Thursday morning, one day after a two-vehicle crash at the intersection of Waverly Road and Phoenix Drive in Lansing. The driver and one passenger in the other vehicle were also treated for injuries. The collision is still under investigation.

Some 50 miles away in Oceola Township, Zachery Warren was injured when he swerved to avoid a pickup truck driven by Clem Plowman on M-59 in Livingston County. Warren, a 23-year-old Lansing man, is still receiving treatment at University of Michigan Medical Center in Ann Arbor.

Remember to use extreme caution when driving. Careful driving behaviors should be a year-long habit, but they become especially important during periods of heavy travel.

Originally posted at InjuryBoard by David Mittleman

Safe Driving Is Something to Be Thankful For

David Mittleman — Tue, 24 Nov 2009 10:17:38 GMT

This holiday weekend, people will be traveling in droves to reunite with their families and to celebrate Thanksgiving. Given that airline tickets are prohibitively expensive for most people with the current state of the economy, much of the Turkey Day traffic will be on our roadways. Unfortunately, this could translate to a higher chance of being involved in an accident.

With millions of Americans traveling such significant distances, the opportunity for disaster also climbs. You can do your part to minimize the risk to you and your family by practicing safe driving behaviors:

Driving too fast is widely recognized as dangerous, but driving too slow can also cause hazardous situations as well.
If you're tempted to drive a few extra miles to get to your destination despite being sleepy, don't. Drowsy driving can be as dangerous as driving drunk.
Be patient. People will be clogging highways from Wednesday night through Monday morning. Be prepared to deal with delays to avoid road rage-type behavior.
Weather can be a factor. If the skies open up with rain or snow, be sure to adjust your driving accordingly.

Many law enforcement agencies will be patrolling the highways this weekend, on the lookout for these behaviors. Their goal is to keep everyone safe by ticketing violators and, hopefully, detering motorists from dangerous driving.

If you're traveling this weekend, use caution and common sense. Careful driving means you can avoid traffic tickets and hazardous situations. Celebrate Thanksgiving with your loved ones for many years to come - travel safely.

Originally posted at InjuryBoard by David Mittleman

Alcoholic Energy Drinks Come Under FDA Scrutiny

David Mittleman — Mon, 16 Nov 2009 10:02:36 GMT

Alcoholic energy drinks have gained in popularity, particularly among younger drinkers. But now, the drinks, marketed under flashy names like Evil Eye or Max Fury, are coming under the Food and Drug Administration’s scrutiny. The FDA has never approved of the addition of caffeine to alcoholic drinks, but the producers of these beverages claim that their products are safe. Nevertheless, the FDA is concerned that the addition of caffeine can mask the effects of alcohol, potentially leading to more instances of drunk driving, sexual assaults or other destructive behaviors.

The burden of proving that the caffeine-laden alcoholic beverages are safe falls squarely on the shoulders of the manufacturers. In a September 25^th letter to the FDA, a task force, consisting of the attorney generals of several states as well as several other state, city, and territorial law enforcement officials, stated that “there is a strong emerging consensus of scientific opinion that the combination of caffeine and alcohol…poses a serious public health risk”. Ultimately, the goal is to remove the caffeinated alcoholic beverages from the market. Since the FDA received the letter from the task force, they also issued a letter to the manufacturers of caffeinated alcoholic beverages. Manufacturers have 30 days to respond to the FDA.

So far, larger corporations such as Anheuser-Busch have already removed caffeine from their alcoholic energy drinks. However, other smaller companies such as Los-Angeles based Joose Beverage and Portland, Oregon-based Charge Beverages continue to sell alcoholic energy drinks infused with caffeine. The companies could still challenge the FDA’s request by arguing that their products have already been approved by the Alcohol and Tobacco Tax and Trade Bureau.

Originally posted at InjuryBoard by David Mittleman

Halloween Safety Tips to Ensure Halloween is Filled with Treats, Not Tricks

David Mittleman — Thu, 29 Oct 2009 13:29:59 GMT

As young trick-or-treaters hit the streets on Saturday to collect their candy, you can be sure that the last thing on their minds will be safety. Instead, it is important for parents to take an active role in ensuring safety.

Some of the most basic safety issues involve costumes and candy. However, there are some simple safety tips that parents can follow. For example, according to the Lansing State Journal parents should follow these quick treat-or-treat tips to ensure food safety:

Tell children not to accept anything that isn't commercially wrapped.

When children bring their treats home, discard any home-made candy or baked goods. Parents of young children should also remove any choking hazards such as gum, peanuts, hard candies or small toys.

Inspect commercially wrapped treats for signs of tampering, such as an unusual appearance or discoloration, tiny pinholes, or tears in wrappers. Throw away anything that looks suspicious.

Parents should wash all fresh fruit thoroughly and inspect it for holes, including small punctures. Fruit should be cut open before allowing kids to eat it.

Some Halloween treats may trigger allergic reactions. Read the complete label and ingredient list of products before interpreting it is safe for all to eat.

To help prevent children from snacking while they're out trick-or-treating, and before parents have inspected the treats, give them a snack or light meal before they go.

If juice or cider is served to children at Halloween parties, make sure it is pasteurized or otherwise treated to destroy harmful bacteria. Juice or cider that has not been treated will say so on the label.

As always, proper hand washing is essential to food safety.

Remind kids to wash their hands before eating.

Remember, when in doubt, throw it out!

Similarly, ill-fitted costumes can cause safety issues such as slip-and-fall accidents. Furthermore, it is important to make sure your child has a flame-resistant costume, especially since most homes will have jack-o-lanterns with lit candles inside. Furthermore, it is important to make sure the eyeholes in your child's Halloween mask are big enough to clearly see through. I also recently wrote about the dangers of lead in face paint--masks may still be a better option than risking your child's health with contaminated paints.

Unfortunately costumes aren’t the only factor that can endanger your child’s life. For example, according to the National Center for Missing and Exploited Children, 94% of children participate in Halloween activities. Sadly, there are individuals that could harm your child— child predators and reckless drivers, alike. Nevertheless, the Center offers the following tips to keep your child safe on Halloween:

CHOOSE bright, flame-retardant costumes or add reflective tape to costumes and candy bags so children are easily seen in the dark. In addition, carry a glow stick or flashlight.

PLAN a trick-or-treating route in familiar neighborhoods with well-lit streets. Avoid unfamiliar neighborhoods, streets that are isolated, or homes that are poorly lit inside or outside.

NEVER send young children out alone. They should always be accompanied by a parent or another trusted adult. Older children should always travel in groups.

ALWAYS walk younger children to the door to receive treats and don’t let children enter a home unless you are with them.

BE SURE children do not approach any vehicle, occupied or not, unless you are with them.

DISCUSS basic pedestrian safety rules that children should use when walking to and from houses.

CONSIDER organizing a home or community party as an alternative to “trick-or-treating.”

MAKE sure children know their home phone number and address in case you get separated. Teach children how to call 911 in an emergency.

TEACH children to say “NO!” or “this is not my mother/father” in a loud voice if someone tries to get them to go somewhere, accept anything other than a treat, or leave with them. And teach them that they should make every effort to get away by kicking, screaming and resisting.

REMIND children to remain alert and report suspicious incidents to parents and/or law enforcement.

Please keep these safety tips in mind so that your children have a fun and SAFE Halloween!

Originally posted at InjuryBoard by David Mittleman

I-94 Rollover Crash Kills One, Injures Three

Devon Glass — Tue, 27 Oct 2009 09:12:28 GMT

A high-speed, single-vehicle accident on I-94 in Van Buren Township, Michigan, has claimed the life of one man and seriously injured three other people. The crash, which happened early Monday morning, occurred when a sport utility vehicle carrying the four occupants veered off the highway and flipped multiple times.

The violent rollover accident resulted in the ejection of three of the victims. The SUV then landed on one man who was thrown from the vehicle, causing fatal injuries. No one in the vehicle was wearing a seat belt. Authorities believe alcohol may have played a role in the accident.

There are many things you cannot control on the roadway - the weather, road conditions, and the behavior of other drivers, to name a few. However, you can take steps to keep yourself safe. Always wear a seat belt and obey traffic laws. Never drink and drive, and do not accept a ride from someone who has been drinking.

Originally posted at InjuryBoard by Devon Glass

Man Accused of Killing Lansing Area Woman and Son While Driving Drunk Fit to Stand Trial

Devon Glass — Fri, 23 Oct 2009 10:00:00 GMT

Following up on one of our previous stories, Daniel Burwell is fit to stand trial according to competency tests conducted at the Center for Forensic Psychiatry, near Ypsilanti. Ingham County Circuit Court Judge William Collette said that the examiners at the Center concluded that Mr. Burwell was only pretending to hallucinate and hear voices.

Mr. Burwell faces charges in relation to a deadly motor vehicle accident that took place on April 20, 2009 in south Lansing. He was charged with two counts of second-degree murder after his blood alcohol contest registered at 0.18 three hours after the deadly collision. According to authorities, Mr. Burwell drove drunk through a red light at 60 miles per hour when he crashed into a vehicle carrying 46-year-old Sylvia Porter and her 17-year-old son Major Washington.

Just yesterday I blogged about an MSU student whose life was cut short by someone who is now charged with driving while intoxicated causing death. Driving while intoxicated can take the life of an innocent person in seconds, so please be careful and drive responsibly by not drinking before you drive.

Originally posted at InjuryBoard by Devon Glass

MSU Student Killed in Grand Rapids-Area Car Crash

Devon Glass — Wed, 21 Oct 2009 07:36:57 GMT

Jeremy Sobczak-Obetts was, by all accounts, a hard-working and humorous individual with a bright future. A senior at Michigan State University, he had hoped to graduate with a degree in food service management. According to friends and family, Jeremy had a wealth of natural talent and exhibited a knack for succeeding in everything he tried.

Tragically, a car crash in Ada Township this weekend cut Jeremy's young life short. The single-vehicle accident, which occurred early Saturday morning, was caused when the SUV in which Jeremy was traveling slid off the road and struck a tree at high speed. The vehicle suffered catastrophic damage, although the driver sustained only minor injuries. Authorities believe alcohol and high speed were factors in the crash.

Jeremy's life may have ended Saturday morning, but his story is far from over. His grieving family members have spoken out to the media about the perils of drunk driving. Andrew Tittle, the driver of the SUV and a friend and neighbor of the Sobczak-Obetts family, has been formally charged with operating a vehicle while intoxicated, causing death. Reports indicate that Tittle's blood-alcohol level was .22, nearly three times Michigan's legal limit of .08.

Jeremy's story is another horrific example of the consequences of drunk driving. Never drink and drive, and do not accept a ride from anyone you suspect to be drinking. Be smart, play it safe, and arrive alive.

Originally posted at InjuryBoard by Devon Glass

Teens Learn Dangers of Texting While Driving During National Teen Safe Driver Week

David Mittleman — Tue, 20 Oct 2009 16:16:05 GMT

Congress has designated this week as National Teen Safe Driver Week. To help promote teen and young adult driving safety, the Michigan State Police recently offered local college students the opportunity to learn firsthand the dangers of driving while texting. On Monday, the Michigan State Police offered a demonstration on a precision track. The police supervisor, Sergeant James Flegel, instructed the students to text while attempting to maneuver around orange cones, which were representative of the cars and pedestrians they would normally encounter while driving. The demonstration, planned and offered by the Michigan Office of Highway Safety Planning, was designed to show the dangers of using a cell phone, particularly to text, while driving.

National Teen Safe Driver Week was inspired by a recent Virginia Tech Transportation Institute study. In the study, the researchers used cameras to monitor the drivers of semitrailer trucks and their texting habits. Overall, the results showed that the risk of crash is 23 times greater when texting while driving. While the study did not look at how text messaging affects people driving cars, SUVs, or pickups, the results did find that dialing a cell phone caused the driver of any of these three types of vehicles to triple their risk of an accident.

According to the Michigan Office of Highway Safety Planning, traffic crashes are the top killer of people between the ages of 16 and 20. Specifically, just last year 174 people were killed in crashes involving 16 to 20 year-olds. Furthermore, 106 out of the 174 of those killed were people between the ages of 16 and 20. While it is unclear what role cell phone use played in these accidents, students, such as 19-year-old Ciara Hines, admit that they knocked over nearly every orange cone on the precision course while driving and texting.

Originally posted at InjuryBoard by David Mittleman

Bicyclist’s Death Leads to $1 Million Settlement Against Driver, Bar

David Mittleman — Thu, 08 Oct 2009 07:34:09 GMT

After nearly three years, the family of a bicyclist who was killed by a drunk driver has settled their lawsuit against the driver and the bar that served her. Under the terms of the agreement, the bar will pay $1 million, while the driver’s insurer will pay $25,000. The settlement was reached just as the civil trial was set to begin.

In December of 2006, Paul L’Ecuyer was peddling his bike in the bicycle lane when Melissa Arrington swerved into him. L’Ecuyer died from his injuries. A blood alcohol test taken two hours after the incident revealed that Arrington had been drinking. Witness reports state that Arrington had been driving erratically just prior to the accident. Arrington admits that she had a few drinks prior to the deadly collision, but insists that the crash was just an accident. She was convicted of negligent homicide and aggravated DUI and sentenced to ten and a half years in prison.

In Michigan, bars and restaurants are liable for damages and personal injuries caused by minors and visibly intoxicated persons who have been served alcohol at those establishments. The so-called "Dram Shop Act" helps ensure that liquor licensees do not carelessly or negligently serve people who have already had enough to drink.

The law provides that the last bar to serve the negligent driver is liable if it can be proved by a preponderance of the evidence that the driver was visibly intoxicated when he or she was served by the bar. Any previous bar that may have served the driver is liable only if it can be shown by clear and convincing evidence that the driver was visibly intoxicated when he or she was served. Evidence of visible intoxication has been held to include stumbling, slurring of words, and boisterous behavior.

Unfortunately, the law also presents some procedural hurdles to would-be plaintiffs. The statute of limitations for a lawsuit under the Dram Shop Act is only two years. In addition, written notice must be provided to all defendants within 120 days of the injured party hiring a lawyer.

Originally posted at InjuryBoard by David Mittleman

Transportation Department Holding Summit on the Dangers of Distracted Driving

David Mittleman — Wed, 30 Sep 2009 10:30:00 GMT

Both Devon and myself have written on the extremely dangerous road hazard of driving while distracted. In fact, the Virginia Tech Transportation Institute conducted a study in July and found that texting while driving, for one, can increase the likelihood of a crash by 23 times the amount when compared to a non-texting driver. Further compounding these statistics, the Obama administration recently reported that nearly 6,000 people were killed and a half-million were injured last year in vehicle crashes caused by distracted driving.

Luckily, the has president decided to do something about these daunting statistics: starting today and continuing over the next few days, the Transportation Department will hold a government meeting on auto safety. Bringing together experts from across the country, the Transportation Department will take a serious look at highway safety and drivers who talk or text on their cell phones while driving. Secretary LaHood is expected to speak tomorrow on recommendations to improve driving safety, including putting a ban on using cellular devices while behind the wheel.

The panel of experts will include government officials, researchers, safety advocates, and lawmakers, all of whom hope to reach a consensus on reducing roadway hazards. Furthermore, the panel will also hear testimony from young drivers who have caused car accidents because they were texting while driving. Indeed, statistics show that drivers under the age of 20 constituted the greatest proportion of distracted drivers. So far, eighteen states and the District of Columbia have bans on texting while driving. Moreover, seven states and the district have banned talking on cell phones while driving as well. Secretary LaHood has also vowed to “work with Congress” to develop ways of curbing distracted driving. Given the statistics, it is extremely important that something is done to raise awareness of this roadway danger, which this summit will hopefully accomplish. However, this is only a first step—laws to deter drivers from engaging in distracted driving could save many lives each year.

Originally posted at InjuryBoard by David Mittleman