Keller & Keller LLP Blog

Michigan Celebrates Ride to Work Day to Promote Motorcycle Safety in Grand Rapids

Thu, 22 Jul 2010 08:00:00 GMT

Have you ever noticed a motorcycle or scooter passing you on your way to work in the morning? Do you know that research shows that people who commute on motorcycles in Michigan get to work faster? When driven properly and safely, motorcycles help the flow of traffic and have an easier time parking.

On Monday, June 21, 2010, the state of Michigan participated in the 19th annual Ride to Work Day event in order to promote motorcycle safety and reduce the number of motorcycle accidents in Michigan. The goal of Ride to Work Day is to highlight the practical side of commuting on motorcycles and scooters by showing how they are more economical and conserve more resources than larger vehicles.

In Grand Rapids, dozens of motorcycle riders participated in this celebration by attending the event at Grand Rapids Community College. The numbers show that ridership has increased in Michigan, with 547,000 people asking for motorcycle endorsements, but fatal crashes have decreased by 17 percent. This success is due in part to rider training programs that include a safety course and a knowledge test.

In order to lessen the chance of being involved in a Michigan motorcycle crash, new riders should learn the skills and safety basics before riding a motorcycle. The Ride to Work organization explains that over eighty million commute to work in cars every day in America, and riding a motorcycle to work safely can help our environment.

Several factors can contribute to a motorcycle accident in Michigan, including poor road conditions, driver inexperience, and the negligence of other drivers. Contact an experienced Michigan accident lawyer at the law firm of Keller & Keller if you have been involved in a Grand Rapids motorcycle crash.

Michigan Wrongful Death Loss of Companionship

Thu, 15 Jul 2010 08:00:00 GMT

A spouse is often your best friend, your companion, your emotional support, and your partner. When he or she is taken away from you through an accident or a wrongful death, you lose more than your spouse, you lose your lifelong companion.

If your spouse hadn't been taken from you, he or she would have provided you with more years of love, friendship and companionship. Just as your spouse would have been able to provide for you or contribute to the household income, providing you with more years of economic security, your spouse would also have provided you with a lifetime of spousal partnership.

If you have lost your lifelong partner in Michigan, you may be able to pursue a wrongful death lawsuit due to your loss of spousal partnership and companionship. Most people think they can only sue the responsible party for loss of future income, but loss of companionship is emotional damage a widow or widower suffers.

Loss of companionship/wrongful death cases in Michigan are complicated due to the way damages are calculated. How do you put a price tag on a lifelong companion? You will need an experienced Michigan wrongful death attorney who can calculate the damages and will be able to win the maximum compensation for your loss of companionship.

If you have suffered the loss of a companion in Michigan, contact the law firm of Keller & Keller and speak with a knowledgeable Saint Joseph wrongful death attorney at (269) 983-7333 for a free legal evaluation.

Michigan Medical Malpractice at a Glance

Tue, 29 Jun 2010 08:00:00 GMT

There are many misconceptions about what Michigan medical malpractice really is. One common myth is that a medical malpractice case can arise from side-effects caused by prescribed medicine. Many drugs, surgeries, and procedures have commonly known side-effects and risks and these side-effects (unpredictable allergic reactions, for example) seldom form the basis for a medical malpractice case because there is an acceptable margin for error in the medical field.

Poor medical treatment such as failure to diagnose, mistreatment, and negligence is grounds for a medical malpractice lawsuit in Michigan.

Some of the most commonly misdiagnosed diseases are:

• Lung Cancer
• Breast Cancer
• Colorectal Cancer
• Appendicitis

If any disease is misdiagnosed or if an oversight leads to complications or death, then the doctors, nurses, surgeons, or any other involved healthcare provider may be held responsible for the patient's' outcome. Because these specific diseases can be life-threatening, financial compensation may be available.

If you feel that you or someone you love has been a victim of medical malpractice in Michigan, contact the experienced Saint Joseph medical malpractice lawyers at the law firm of Keller & Keller today at (269) 983-7333.

Car Crashes Lead to Michigan Traumatic Brain Injury

Mon, 28 Jun 2010 08:00:00 GMT

According to the Michigan Department of Community Health, over 30 percent of traumatic brain injuries in Michigan are caused by car accidents in Michigan. A traumatic brain injury (TBI) is typically caused by a blow or jolt to the head during a car, truck, or motorcycle crash. TBIs can also be caused by falls, sports injuries, and other accidents.

Most of the accidents that produce brain injuries are nonfatal, but those who suffer these injuries require a lifetime of medical care. According to the Brain Injury Association of Michigan, 9,430 people are diagnosed with traumatic brain injury in Michigan every year, and an average of 1,551 people die each year from severe head trauma.

Studies in Michigan show that children and the elderly are more often hospitalized due to TBI than other age groups. Sadly, 167 children under the age of nineteen die each year due to TBI, and approximately 1,880 more children are hospitalized.

Drivers in Michigan who sustain a TBI are typically covered for medical care under Michigan no-fault automobile insurance. This can be confusing, however, and the limitations of coverage may have to be explained to some people in detail. It is important to have an advocate on your side to assist you with your claim, appeal denials, and help you to obtain financial coverage for a lifetime of medical care.

If you have been injured in a car crash in Michigan and have sustained a traumatic brain injury, contact an experienced Michigan accident attorney at the law firm of Keller & Keller today at (269) 983-7333. Get your legal questions answered and have a trusted advocate on your side.

Understanding Traumatic and Non-traumatic Spinal Cord Injury in Michigan

Thu, 24 Jun 2010 08:00:00 GMT

Spinal cord injuries can be traumatic or non-traumatic. Car accidents in Michigan often result in traumatic spinal cord injury, which is caused by a sudden blow to the spine. Research shows that more than 40 percent of new spinal-cord injuries each year result from car and motorcycle crashes. The second most common cause of this injury is falls. Studies indicate that falls occur more frequently after the age of 65, and they result in 25 percent of new claims each year.

The other common causes of spinal-cord injury in Michigan and the rest of the United States include acts of violence, sports injuries, alcohol, and diseases. Over 15 percent of new spinal-cord injury cases result from gunshot or knife wounds, according to the National Institute of Neurological Disorders and Stroke. Approximately 8 percent of new spinal-cord injury cases result from recreational activities and sports injuries. Alcohol is a contributor in one out of four spinal cord injuries.

Non-traumatic spinal cord injuries are generally the result of diseases. Diseases such as arthritis, osteoporosis, and cancer may cause spinal-cord injury in Michigan and elsewhere. Disk degeneration of the spine and inflammation or infection of the spinal cord can also contribute to this life-altering injury.

If you or a loved one have been affected by a non-traumatic or traumatic spinal cord injury in Michigan, contact the law firm of Keller & Keller today at (269) 983-7333 and get your legal questions answered by a knowledgeable Saint Joseph, Michigan injury attorney.

What every personal injury client should about Facebook and Myspace

Wed, 23 Jun 2010 08:00:00 GMT

Over the last 25 years the internet has grown from a secret defense department program to a window on the world accessible to all. With that has come the rise of “social media.” Facebook is only a recent phenomena staring in 2004 and has grown to over 400 million users worldwide. That is more than the population of the United States. So what does the internet, Facebook, or Myspace have to do with my case?

As you may know, any attorney with any type of case generally instructs their client to not discuss their case with anyone. There are good reasons attorneys do this. Whether you are in a personal injury case, or are prosecuting a criminal, or representing a criminal, or any other type of legal case, the reason you are instructed not to discuss your case is so that your attorney can protect your legal rights.

As with the Miranda warning in a criminal case you may have heard recited in the movies, or on TV, in person: “Anything you say can and will be used against you in a court of law.” Well the same holds true in any civil case expect its not the State and a prosecutor who will be using the information gained but simply the other party in a civil case will use anything they can that will help them defeat your case. This is true in a personal injury case.

People like to talk about themselves and post up statements about the accident they were in, the injuries they received, photos of their car, discussions on what they did on any particular day.   You may find yourself explaining what you mean to a defense attorney someday if you are in a deposition.

In Michigan, because of the No-Fault Law threshold a plaintiff must show a serious impairment of important body function to the extent that his or her “normal” life is impaired. In this context, even the most innocent statement of a plaintiff did one year after the accident such as “having a great day” can come back to haunt someone in their injury case. For instance stating, “having a great day on August 5, 2009,” may conflict with what you told a doctor if you had a doctor’s appointment that day and don’t think a defense attorney or insurance company won’t exploit this contradiction to discredit your honesty and argue that” having a great day” means your “normal” life is not impaired.

People post these things on Myspace and Facebook all the time and many of them do not use the privacy settings to lock out the general public from viewing this information. If you don’t think an insurance company or a private investigator hired by an insurance company is not looking to see if they can access your Facebook page or Myspace page, guess again.

Its not enough just to have your privacy settings and only your “friends” having access. Even if you discuss your case with your “friends” on Facebook or Myspace you still have given away information and unnecessarily have brought them into your case now as a witness. If you are ever asked in a deposition the question “who did you discuss your accident with?” You are under oath to then include that you discussed it with that person as well. If you tell others what your attorney advised you then you may also end up waiving attorney client privilege on the issue as well.   What this comes down to is the same old message: Don’t discuss your case with anyone! That also means you don’t post anything about your case on the internet.

Changes in the Michigan Controlled Substance Law

Thu, 17 Jun 2010 08:00:00 GMT

Did you know that marijuana is the drug most commonly found in cars following deadly crashes? This may be because it is the most popular drug in the United States, as well as in Michigan. Marijuana can also be detected in the body for a long time after pot is inhaled.

The Michigan Supreme Court recently ruled that it is not illegal to drive a vehicle while having a byproduct of marijuana in your body. The reasoning behind this is that the body breaks down marijuana into a byproduct called "11-carboxy-THC." Experts say this byproduct can stay in your body for weeks after the effects of the drug have dissipated.

This decision was made by the Supreme Court's liberal majority. Four of the seven justices said they don't consider "carboxy" to be a controlled substance under Michigan law, and it doesn't indicate that a driver is impaired.

Some do not agree with this decision and this ruling was opposed and blocked in 2006 when a conservative majority ruled the Supreme Court. This 2006 decision has since been reversed and the state recently put a new medical marijuana law into effect.

Justices will not allow prosecutors to charge Michigan motorists who have a byproduct of pot in their system for DUID. If they were to do so, people who need marijuana to relieve pain would be in jeopardy every time they got into their vehicles since they wouldn't have any way to know when the carboxy had left their systems.

The court is not telling drivers to smoke pot, and the law still allows motorists to be arrested for driving under the influence. Prosecutors, however, will now have to show more evidence in order to convict an impaired motorist.
Michigan car accidents can be deadly, especially when drugs or alcohol are involved. If you or a loved one have been injured in a Michigan car accident, contact experienced Michigan personal injury attorneys at the law firm of Keller & Keller today at (269)983-7333.

Black Box Information is Key in a Michigan Truck Crash

Fri, 28 May 2010 08:00:00 GMT

Just as airplanes have black boxes to record data, several large trucks on Michigan road’s are equipped with black boxes as well. These boxes record electronic data and can be useful in an investigation of a Michigan semi-truck accident.

Not all trucks have these black boxes on board, but in recent years many of the large motor carriers are requiring them. They record critical information that can help determine if a truck driver was negligent. The black box will indicate speed, sudden braking, tire pressure, maintenance issues, and even information on a truck driver’s time on the road.

There was a tremendous push for these black boxed to be equipped in semi-trucks to help prevent truck drivers from exceeding regulated hours. However, if you were involved in a truck crash in Michigan, the black box on board will not be given to you. This is why it is important to have an experienced Grand Rapids accident attorney who will know how to request crucial information to support your case.

This information must be requested immediately following a semi-truck accident in Michigan. Data stored in black boxes can be overwritten, and you will want this information preserved for litigation. If you find that the black box is destroyed, there is typically another copy. The truck company should store this electronic information in a different location as a back-up copy.

If you or someone you love has been seriously injured or killed in a Michigan truck accident, and you believe the truck driver was negligent, you will want to make sure the black box data is preserved. It is critical that you speak with a Michigan truck accident lawyer as soon as possible following a truck crash in Grand Rapids. Contact the law firm of Keller & Keller at (269) 983-7333.

Michigan no-fault insurance and motorcycle injury claims

Tue, 25 May 2010 08:00:00 GMT

Special laws apply to Michigan motorcyclists involved in an accident. Simply put, you need to know how Michigan no-fault insurance will affect your motorcycle personal injury claim.

Anyone who operates a motor vehicle in Michigan is required to purchase a no-fault insurance policy. A no-fault policy includes three mandatory coverages: Personal Injury Protection (PIP); Property Protection (PPI); and Bodily Injury and Property Damage Liability (BI/PD). If you are injured in a motor vehicle accident, the PIP portion of the auto insurance policy pays for unlimited medical and rehabilitation expenses of any insured person, his or her family members, and any other injured persons such as pedestrians, bicyclists and motorcyclists.

Motorcycles are specifically excluded as a motor vehicle under Michigan’s no-fault law
Motorcycle claims are paid depending on whether the motorcycle accident involves an insured motor vehicle. If the motorcycle accident does involve an insured motor vehicle, the insurance company of the motor vehicle involved will pay unlimited medical benefits for the injuries of the motorcyclist, regardless of who was at fault in the accident. If the accident does not involve a motor vehicle, the motorcyclist does not have unlimited coverage for injuries. This is because they are not eligible for, and have not purchased full PIP coverage. If optional medical treatment coverage was purchased, the amount the insurance company will pay for medical treatment will be limited to that amount.

This brief summary illustrates the complexity of Michigan no-fault insurance. If you have been injured in a motorcycle accident, please contact Keller & Keller for a free analysis of your claim.
. Due to this exclusion, motorcyclists are unable to purchase a no-fault policy that provides unlimited PIP coverage. Motorcyclists are only required to purchase minimal liability coverage which protects against liability for property damage, bodily injury or death suffered by another person arising out of the use of a motorcycle. Insurers that write motorcycle coverage are also required to offer medical benefit coverage. This coverage pays for medical treatment to a motorcyclists if they are injured in a motorcycle accident and no other coverage is available. This coverage is sold in increments of $5,000.00. The amount of medical benefit coverage purchased is the limit the insurance company will pay for any medical treatment due to the accident. Medical benefit coverage is not mandatory, and motorcyclists have the option of choosing whether to purchase this type of coverage.

Is the Michigan Motorcycle Helmet Law Overturned?

Thu, 20 May 2010 08:00:00 GMT

For many years, Michigan has had a helmet law in place for all age groups of motorcycle riders, making it mandatory to wear a helmet when operating a motorcycle. This is to help prevent head injuries from occurring in Michigan motorcycle accidents. On March25, 2010, the Michigan House passed bill 4747 in a 63 to 46 vote, repealing the helmet law in the state of Michigan. At this time, Michigan’s current law, which requires all motorcycle drivers to wear a helmet, is still in place.

If this bill becomes law, what will this mean? The bill would let motorcyclists age 21 and older to be able to ride without wearing a helmet in Michigan. In the past few years, Governor Jennifer Granholm has vetoed bills of this nature; however, this legislation will now move to the Senate for their vote.

The Motorcycle Riders Foundation and the American Motorcyclist Association among others have lobbied Congress on repealing helmet laws for years. Activists believe out of the 21 states that still have helmet laws, that the state of Michigan will be the next one to overturn it.

Governor Granholm is threatening to veto the bill. If the mandatory helmet law is overturned, there are concerns that injuries and insurance costs would increase. Deaths from motorcycle accidents have nearly doubled in the last decade, according to the National Highway Traffic Safety Administration (NHTSA).

Studies have shown that helmets could have saved lives. Helmets are known to help prevent head injuries and help to minimize fatalities. One NHTSA study shows that riders without helmets have a 40% greater chance of dying in a motorcycle accident than riders with helmets. Of course, helmets can’t save every life due to severe injuries to other body parts, but they are vital in preventing brain injury.

If your or a loved one has been injured in a Michigan motorcycle accident, contact the law firm of Keller & Keller, experienced Michigan injury attorneys. We will provide you with a free legal evaluation and answer your questions. Call us today at (269) 983-7333.