Michigan Personal Injury Blog - Drunk Driving

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

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

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

Family and Friends Mourn Loss of Teenager Who Was Killed by Drunk Driver

Devon Glass — Thu, 02 Jul 2009 13:37:49 GMT

Holland—Kevin Babcock, a 44-year-old man, hit and killed Curtis Jacobs, a 19-year-old bicyclist, and seriously injured Christian Van Wyngarden, also 19, on Saturday on U.S. 31 near Holland. The two teens were part of a group of bicyclists. Mr. Babcock is now in jail on charges for second-degree murder and driving while intoxicated. When interrogated, the motorist admitted to consuming as many as twenty drinks before the 8:30 a.m. crash. Moreover, police reports showed he had a blood-alcohol level of .16 percent, which is twice the legal limit.

Police reported that Babcock was speeding and driving erratically, and that he drove through a red light and struck the two boys on their bicycles, as they were attempting to cross the highway with a larger group of bicyclists. After the collision, he backed the car up and attempted to drive away. However, police were able to stop him three miles north of the accident site.

Babcock’s license has been suspended since 1993, and his girlfriend is now being questioned because he was driving her car. If police find that she “knowingly permitted” him to drive her vehicle with a suspended license, she could face up to five years in prison. Berry alleges she did not know that Babcock had a suspended license, but was aware of his previous legal problems, including four alcohol-related driving convictions.

Curtis's visitation will be today at Ridge Point Community Church with his funeral services to be held tomorrow, Friday July 3, 2009, at 11:00 a.m. at the same location.

Originally posted at InjuryBoard by Devon Glass

$3.1 Million Jury Verdict Awarded to Drunk Driving Victim’s Family

David Mittleman — Wed, 13 May 2009 16:35:07 GMT

A LeHigh County, Pennsylvania jury awarded a victim’s family and estate a $3.1 million verdict last Friday, after she was killed by a drunk driver on the evening of her 25^th birthday. The victim, Sheena Marie Villa, pleaded with the driver of her vehicle, 30-year-old Robert E. LaBarre, to slow down as he drove 85 mph, lost control and crashed into an oak tree.

The jury did not find the bar that was serving LaBarre liable. Instead, they found LaBarre 85% at fault and Villa 15% at fault. They awarded the family $1.1 million in compensatory damages and $2 million in punitive damages. LaBarre is currently serving a 5 ½ to 12 year sentence for vehicular homicide.

Originally posted at InjuryBoard by David Mittleman

Part II: Drunk Driver Caught After Trying to Flee From Accident

Devon Glass — Wed, 22 Apr 2009 11:15:44 GMT

Further information has been released about the tragic death of two Lansing, Michigan residents. Sylvia Porter and her 17-year-old son, Major Washington, Jr., left their home on Monday night to return a movie. Major Washington, Sr., was watching TV, when he heard a knock on his door from a Lansing police officer shortly after his family had ran out for a short errand, who informed him of the news.

Daniel Adam Burwell, 27, also of Lansing, has been arraigned and charged with driving while under the influence, driving with a suspended license and two counts of second degree murder. He faces up to life in prison for the deaths of Sylvia Porter and Washington Jr.

Lansing Catholic Central students are mourning the death of their classmate with mass services and grief counselors. Washington Jr. was a junior at Catholic Central who has been described as an upbeat teen who was a member of the school’s football team.

April is alcohol awareness month. Mothers against drunk driving (MADD) wishes to raise awareness this month, to eliminate tragedies such as the one that happened Monday evening. A drunk driving fatality occurs every 30 minutes in the United States. You can help raise awareness and prevent these deaths by pledging with MADD to eliminate drunk driving.

Originally posted at InjuryBoard by Devon Glass