Michigan Personal Injury Blog - Lansing

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

Deer Involved in Lansing 2 Car Crash

Devon Glass — Wed, 25 Nov 2009 10:39:28 GMT

With deer hunting season officially open in Michigan for nearly 2 weeks, most of the talk about deer has to do with how big a buck you shot or taking your children for their first hunt. I'm pretty sure that opening day for deer hunting is one of the biggest holidays in Michigan. Sometimes, however, the deer are out to get you and not the other way around.

Just this morning a car near Jolly and Waverly in Lansing hit another car after a deer came onto the road. According to the police, just after 6 am the driver of a Chevy Impala was either hit by a deer or swerved to miss hitting a deer and crashed into a van. The driver of the Impala was ejected from her car during the crash. Both drivers and one passenger were transported to the hospital for treatment.

Here are some tips from the Michigan State Police to keep you safe if you encounter a deer and how to avoid them. Have a safe and happy holiday.

Michigan State Police Troopers remind you to Don't Wreck Your Life! Keep your eyes on the road, never drink and drive, always wear your safety belt, and consider the following tips to help you avoid a car-deer collision:

Use special caution in those areas marked with deer crossing signs.

If you see one deer, expect there will be others. Slow down and be alert.

Do not swerve your vehicle to avoid striking a deer. It is better to strike a deer than another vehicle or a fixed object.

Continually scan the fields and area adjacent to the roadway for deer. Often you can see them approaching the roadway and can slow down.

During hours of darkness use your bright lights when no traffic is approaching. The high beams will illuminate the eyes of deer on the roadway or approaching the roadway much sooner, allowing a greater reaction time.

Always drive at a safe and prudent speed.

Originally posted at InjuryBoard by Devon Glass

Car Crash in Oneida Township Kills DeWitt Teenager

Devon Glass — Wed, 25 Nov 2009 09:51:50 GMT

Travis Rademacher, a 19 year old DeWitt teenager, was killed in a car accident last Saturday in Oneida Township when his vehicle collided with another car driven by Matthew Merrill of Lansing. The crash occurred after Mr. Rademacher stopped at a stop sign on St. Joseph Highway before turning onto M-100. Both Mr. Rademacher and his passenger were wearing their seatbelts at the time of the crash. Mr. Rademacher was transported to a Lansing area hospital, but unfortunately he passed away a short time after the crash.

It's not entirely clear what caused this crash. Darkness could have played a factor in the crash since it happened after sunset. Another factor could have been the speed of the car traveling on M-100. Or it could be that both drivers are inexperienced, given they were both under the age of 20, and also not paying attention to the other cars on the road. Our blog has talked a number of times about the dangers of distracted driving, most recently concerning text messaging.

While we don't know what caused this crash to occur, we should nonetheless be mindful of the potential causes of accidents and do our best to be attentive drivers. Please be careful when driving this holiday season so you can make it home safe and sound.

Originally posted at InjuryBoard by Devon Glass

Recent Michigan Taser Incidents Cause Concern for Safety, Use of Force

David Mittleman — Tue, 17 Nov 2009 17:11:31 GMT

Two recent incidents involving the use of Tasers have grabbed headlines throughout Michigan and around the country, again raising doubts about the safety of the product and its use by law enforcement officials. Generally considered a "less-lethal" way of subduing unruly suspects, the use of Tasers has engendered serious controversy in recent months.

Earlier today, a young man in East Grand Rapids, Michigan, died in police custody after being Tasered. Early reports suggest that Matthew Bolick, 30, was Tasered twice during a struggle with local police officers.

Late last week, a Lansing, Michigan, police officer was reprimanded for Tasering a suspect who had already been handcuffed. Rocky Allred, 43, fell to the ground after the weapon was used on him, fracturing his jaw, chipping a tooth, and requiring eight stitches. The incident occurred back in August, and charges against Allred have been dismissed. The officer has been suspended for two weeks without pay for the appalling violation of police policy.

In late October, police in Traverse City, Michigan Tasered a 17-year-old girl following a traffic stop.

The recent spate of Taser-related injuries and deaths is by no means limited to Michigan. Injuries stemming from the use of the device have been reported across the country.

Originally posted at InjuryBoard by David Mittleman

Michigan Supreme Court’s New Policy Enhances Credibility, Avoids Conflicts

David Mittleman — Tue, 17 Nov 2009 15:15:04 GMT

Earlier this month, Michigan’s Supreme Court adopted a fair and reasonable new policy to govern the disqualification of justices in the event of a potential conflict of interest. By a 4-3 vote, Michigan’s Gang of Justice approved rules that will, in some cases, take the decision out of the potentially conflicted justice’s hands.

Judicial disqualification, also known as recusal, is an incredibly important component of the impartiality and integrity of the legal system. Under the old, unwritten tradition, each individual justice essentially had the final say on whether or not to step aside on a given case due to a conflict of interest. While most judges and justices do the right thing and step aside when they face a conflict of interest, the few who do not can seriously undermine the public’s trust.

A stunning and well–known example can be found in West Virginia, where a state Supreme Court justice was elected to the state’s highest court with the help of $3 million donated by the chairman of Massey Energy Company. That justice later decided in favor of Massey in two key decisions, despite calls for his disqualification.

The new rules adopted by the Michigan Supreme Court will help avoid any actual or perceived injustice. Now, a party whose request for disqualification is refused by an individual justice can appeal to the entire seven-member Court for a ruling.

An excellent editorial by the Lansing State Journal underscores the importance of the change in policy, especially in this era of big-money judicial campaigns. The four justices who voted in favor of the measure - Justices Hathaway, Cavanagh, Weaver, and Chief Justice Kelly - clearly understand the importance of fairness and impartiality. The minority, on the other hand, would prefer the old way of doing things.

Justice Robert Young, who in the past almost always voted with the “Sleeping Judge” Cliff Taylor, was among the dissenters. Last year the people of Michigan voted Taylor off the bench. In 2010, voters will get to have their say about Justice Young.

Originally posted at InjuryBoard by David Mittleman

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

What's the big deal with my deposition?

Devon Glass — Thu, 22 Oct 2009 18:16:32 GMT

In a continuing series on the ins and outs of personal injury claims, beginning with what to do immediately after the injury up until you let a jury of your peers decide, it's time to discuss what a deposition is and how it impacts your case.

When the time comes for you to have your deposition taken, you have already retained an attorney and a lawsuit has already been filed. There has also been discovery, or an investigation of the facts surrounding your injury and what treatment you've received since being injured. You've also answered interrogatories about where you lived, what happened in the accident, and what medical treatment you've had since you were born. Well, maybe not that far back, but if it were up to the defendant's attorney you would have to tell them every single time you went to a doctor for anything. Thankfully, that's not the case.

Now that all the attorney's know what happened in your case that caused your injury and what kind of medical treatment you've had as a result, the attorney's representing the defendant have an opportunity to ask you a whole bunch of questions on all the material they already know. It seems kinda crazy that you have to sit through it when you first think about it, but after this article it should hopefully make sense. I mean, if they already know the answers, why do they need to ask you a whole bunch of questions?

The basic point of a deposition is to allow the attorney to delve deeper into what answers already exist to get more context for the information they already know. The other, more important in my opinion, reason for a deposition is so the defendant's attorney can figure out what kind of person you would be when sitting in front of a jury. They may know the factual answers and what happened, but what happened is almost as important as how you tell the story. I'll explain that in a bit more detail soon.

Back to the basic purpose of the deposition. When you answer interrogatories with simple answers, there is likely many other things that could be related to that answer. If you say you were treated 5 years ago at the Mayo clinic, the defendant's attorney would likely want to know what you were treated for and if there is any relationship between that prior treatment and your current injury. Maybe you broke your ankle 5 years ago and you also broke the same ankle in an automobile accident. The prior injury is relevant because you may not have fully healed from that injury, or it could have been treated improperly, or you may not have gotten any treatment other than an initial evaluation and failed to follow up as recommended by your doctor. That's just off the top of my head. The answer to one question can often lead to dozens of further follow up questions.

Often times information is not available at the time you are answering interrogatories or it's been a while since you answered them and the defendant's attorney is interested in learning more about what's currently happening with regard to your injury. There may also be an important dispute with regard to who is at fault for your injuries. Were there any witnesses, did you and the defendant exchange any words after the incident, maybe the defendant believes you or someone else did something to cause the accident and your testimony can help clear things up.

That's the most basic thing about what a depositon is designed to accomplish, the explanation of what happened, what injuries you sustained and how it's affected your life. I like to think about the deposition process as the chance to tell your story. You are the center of the lawsuit and your ability to recover damages from a jury or in the form of a settlement depend heavily on your testimony.

It's not just what you have to say with your words, it's also how you say your words and what you look like when you say them. I tell all my clients they should be polite, curteous, and do the best they can to not get upset or angry at the process. The reason I make these suggestions is because if a defense attorney knows you are a hot head or appear impolite when asked question, it can indicate to them what a jury might think of you. If you appear as someone who easily flys off the handle, a defense attorney is going to know to offer you a low settlement because a jury is likely to dislike you personally, and if that's the case you don't have much hope for your case. There are, of course, certain times when it's appropriate to be upset at questions posed by the defense attorney, but if you refuse to answer questions or scoff at relatively simple questions, a jury is likely to find difficulty connecting with you as a person. Once the jury fails to see you as a sympathetic person, they will work very hard to deny you any award of damages because they have already decided you are one of "those" people who is only out for the money, regardless of how true that is.

Lawsuits are emotionally difficult proceedings and it's often easy to let your emotions get a hold of you, but it's important to try and respect the process as best as possible. This is not a suggestion that you be a cold, uncaring individual during your deposition. It's only a suggestion to be as polite and sympathetic as possible under the circumstances. If you feel that you are starting to lose your cool during your deposition, let your attorney know you need to take a break to cool off. You don't have to sit there the entire time, it's okay to take a break.

This is what I mean when I mentioned earlier that your appearance is just as important as what you say. If a jury or defense attorney believes you have a sense of entitlement to an award of damages, they will be reluctant to give you anything. If, on the other hand, you respond politely and curteously to the questions, it will be easy for a jury or defense attorney to find you personable and likeable, thereby increasing the chances you will be awarded damages or a reasonable settlement.

The most important thing to remember about depositions is to always tell the truth. The only wrong answer a person can give in a deposition is a lie, and that can sink your case faster than anything else. Make sure not to exaggerate your claims, it will do you no good to make it seem like you are worse off than you actually are and people will not sympathize with someone they see as stretching the truth. Don't argue with the defense attorney about the way a question is asked or whether the question is relevant, that's for your attorney to decide. That's why you've hired an attorney, to look out for you and your interests in the lawsuit. Your attorney will know when to allow you to answer a question or if a question is not allowed to be asked by placing an objection.

I could go on and on, but that's the basics of a deposition and it's impact on your case as I see it. I agree with Rick Shapiro that the deposition is the most important part of your case.

Here are a number of good injury law blog posts from my Injuryboard colleagues:

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant, September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro ,October 3, 2009

Do only dishonest people refuse to give a recorded statement? Steve Lombardi | October 06, 2009 10:47 AM

Demystifying Injury Litigation: What is a deposition and how do I get ready for it?, Rick Shapiro, October 21, 2009

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

Elderly Driver Dies In Fatal Mid-Day Collision Near Frandor Shopping Center

Devon Glass — Mon, 12 Oct 2009 09:20:21 GMT

A fatal accident can occur at any time of the day, not just during rush hour or in the still of the night. 82-year-old Calvin Drake from Morrice, died last week from injuries sustained during an accident that took place around 1:30 p.m., Monday, October 5, near the Frandor Shopping Center.

Mr. Drake was transporting two passengers when he was traveling west on H.A. Sellers Avenue when his vehicle collided with another vehicle traveling north on North Homer Street. Lansing Police were still investigating the crash as of late last week, but alcohol was not a factor in this mid-day crash.

Originally posted at InjuryBoard by Devon Glass

Interrogatories: A Written Deposition

Devon Glass — Thu, 01 Oct 2009 17:10:14 GMT

Continuing with Steve Lombardi's excellent article on interrogatories posted over at his blog, and continuing the theme of the week between Steve, Mike, Rick, Wayne, and Pierce, I'd like to add my two cents on the issue of interrogatories and what they mean to a claim. The difficult thing about writing on many topics after Steve has written on the same subject is this: he writes to damn much and doesn't leave much for the rest of us to discuss. Steve, how about you stop writing novels and start writing chapters?

On to the issue at hand, interrogatories. It sounds really formal and imposing, but as Steve points out, they are really just questions about what happened to cause your injury, what medical treatment you've received, and how the injuries have affected your life. When you read the questions as they are written, it probably feels like you are taking a standardized test and it's your job to figure out which word in the sentence is a noun. Maybe that would be easier.

One thing that will hopefully set your mind at ease is that there is no answer key for the questions. If you don't know an answer to one of the questions, you can say you don't know. The only wrong answer you can give is a lie or a deliberate misrepresentation of the facts. Otherwise, you should do your best to answer the questions to the best of your ability and knowledge. Another thing that should hopefully set your mind at ease is that your attorney will be reading through your answers to make sure you answer the questions appropriately.

Figuring out how to answer the question can be difficult. Many times the questions are written in such a way that it seems deliberately confusing. If you encounter a question you don't know the answer to, take a minute to think about what the question is asking of you, and if you still are unsure how to answer, skip the question and move on to questions you feel more comfortable answering. You may get an idea on how to answer a question based upon reading and answering other questions, but even if you don't have a clue what to write, that's okay. You should ask your attorney to help you with any questions you are unsure about. However, this does not mean you don't have the responsibility to answer the questions yourself, just that your attorney can help explain what the question is asking so you can provide the answer.

You may be wondering, why am I supposed to answer the questions? Doesn't my attorney know this stuff? The answer is yes and no. Of course your attorney should be able to answer most, if not all, the questions in the interrogatories. The point of interrogatories is to find out what you know, not what your lawyer knows. Another thing to think about is this, if your attorney spent all his time answering interrogatories for his clients, he would have no time to investigate your claim or help more than a dozen or so people. Lawsuits take lots of time and energy to prepare and investigate and your attorney needs some help from you to make the job a bit more manageable. Would you rather your attorney spend all his or her time answering questions for you or investigating your claim as vigorously as possible?

That's pretty much it for interrogatories from my perspective, although I am sure that Rick, Wayne, Mike or Pierce will have more to say on the matter. Be on the look out for more posts in our continuing series on being a client.

Join these lawyers for more on commonly asked questions that clients ask.

Wayne Parsons, Devon Glass, Mike Bryant, Rick Shapiro and Pierce Egerton

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant| September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder,Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case? Devon Glass, September 24, 2009

What are interrogatories and how do I answer them? Steve Lombardi, September 29, 2009

Originally posted at InjuryBoard by Devon Glass