I enjoy reading Seth Godin. I am a regular reader of his blog. He’s a fun read, and I think he makes enormous sense.

On April 9, 2012, Seth wrote a blog entitled “Is everyone entitled to their opinion?” This is part of what he wrote:

“If these two standards [lack of standing and no credibility] sound like precisely the opposite of what gets you on talk radio or active in anonymous chat rooms, you’re right. Running your business or your campaign or your non-profit or your sports team based on what you hear on talk radio is nuts.”

He’s right, of course.

Except if you are a trial lawyer.

If you are a trial lawyer, you better be aware of what is being said on talk radio.  In fact, you better listen to the most obnoxious talk radio you can on a regular basis.  You better listen to the people who hate your guts.

In our increasingly politicized and polarized, post-Citizens United world (thank you, once again, to the John Roberts Supreme Court for this body blow to our democracy), I beyond thrilled when I can land a fair judge. Remember, judges and justices have to run for office in Michigan, and that leads to all sorts of nasty issues regarding bias, political ideology and incompetence on our bench and supreme court.

But getting a fair jury these days is a lot harder.

After all, we live in an age of insurance company and “tort-reform” propaganda.  And, after 20 years of these efforts, after tens of millions of dollars spent, and after lots of these fake “ Astro-turf”  front organizations have been set-up and funded by the insurance industry, big tobacco and sadly lately by the chamber of commerce, getting a fair jury in the age of “tort reform” isn’t easy.

And that’s the point. And that brings us now back, full circle, to Seth’s blog on ignoring the nut jobs.

Why trial lawyers must listen to all jurors, even the crazy ones

So if you are a lawyer and picking a jury for someone who truly is depending on you, you better listen to everyone.  Every  single juror’s opinion - even the ones you suspect are the nut-jobs on the chat rooms and on talk radio matters on a jury. Because at the end of the case, that person will be deliberating on the future of your client’s life.  So when you are picking a jury, you better talk with and engage everyone.  Everyone has an opinion, and it likely isn’t yours.

You better listen to it.

The saying we all grew up with is that you have to see something to believe it.  But that really isn’t true.  The new neuroscience shows the opposite is actually true. You have to believe it to see it.

When the jury doesn’t believe in pain and suffering

And that now brings me to the problem of being a trial lawyer representing people seriously injured in auto accidents in Michigan. Studies show that approximately one quarter of our population today just doesn’t believe in awarding what the law calls compensatory damages (what you and I call money) for  pain and suffering. A better way to describe pain and suffering damages is asking: “what is the value placed on a person’s human losses on the things that have been  taken away from them by another person’s negligence or carelessness?”

Our civil justice system is predicated on people who are injured because of another person’s negligence or mistake with being compensated for these human losses.  But what happens to our civil justice system when 25 percent of the people on your jury today  don’t even believe in awarding money for these losses and harms?

What happens when one of the most  basic  tenets of our civil justice system is not accepted by 25 percent of the population?

How can an injured person ever have a fair day in court when 25 percent of the potential jury pool doesn’t even think they have a right to be there asking for pain and suffering compensation in the first place?

The result, sadly, is your client will either get far less compensation than she should have for her pain and suffering and injuries, or she will get nothing at all. And one or two jurors who feel very strongly about it, such as those who visit chat rooms or call on talk radio, can swing a jury.

As a trial lawyer, you better believe everyone’s opinion matters. Especially if at least 25 percent of the potential jury pool (or 25 percent or more of the people on that jury) doesn’t believe in awarding pain and suffering damages as compensation to someone injured in an auto accident, no matter how badly that person is injured or how negligent the other driver was in causing the car accident that injured them.

Trial lawyers only have one bite at the apple

And there are no second chances. People can’t come back to court. In trial, there is only one bite at the apple.

So as a trial lawyer, you better listen to talk radio. You better hear what the people are saying who hate your case, and your guts.  You better identify those jurors who can’t be fair, no matter what the law is or how the judge instructs them that they must apply the law.

You have one chance to represent your client and get a fair result. Just one chance. And to reach a fair outcome, you better identify those jurors who can’t be fair, no matter what the evidence and facts are, because they just don’t see it to believe it.  They “believe” your client does not have a right to be there at all, so they will never “see” the evidence at trial  showing why they are deserving of a fair and full verdict.

As a trial lawyer, you better believe everyone is entitled to their opinion.

- Steven M. Gursten is a trial lawyer and head of Michigan Auto Law. He is president of the Motor Vehicle Trial Lawyers Association and has received the highest verdict or settlement for a car or truck accident case in 2008, 2009, 2010 and 2011, according to Michigan Lawyers Weekly.

- Photo courtesy of Creative Commons, by Ken Lund

Related information:

“Tort reform”  - A failed experiment in legal social engineering

Michigan too “tort reformed” already

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Sterling Heights, Ann Arbor, Grand Rapids and Detroit. Call (800) 777-0028 to speak with one of our Michigan injury lawyers.

I am certainly not a motorcycle safety instructor.  But I am a lawyer, and I have represented a number of people who were seriously hurt riding motorcycles over the years.  In some of these cases I hired motorcycle safety instructors as experts, and I’ve deposed and cross-examined more than my share of the ones hired by the defense.

So I do believe I am qualified to at least share some of the things I’ve learned over the years as a motorcycle accident lawyer as part of Motorcycle Safety Awareness Month this May. Today we’re reviewing tried and true safe riding techniques for motorcyclists.

I found this list from the folks at Michigan-motorcycle-awareness.org. They have a lot of great information dedicated to Motorcycle Safety Awareness Month in Michigan, so big hat-tip to the people at Michigan Motorcycle Awareness.

The list also stresses that motorcyclists should not just ride on autopilot. You must think hard before you get on the bike and during every mile you travel. Driving defensively doesn’t just apply to cars. Constantly searching for potential dangers, evaluating your surroundings and knowing how to handle yourself on your motorcycle are all key factors in avoiding  motorcycle accidents.

As most of you know, Michigan has recently repealed its motorcycle helmet law. I cannot stress enough that wearing your helmet is the very first step you can and should take in riding safely to help protect yourself if a motorcycle crash occurs.

Here’s the “SIPDE” method for riding  motorcycles in Michigan.

S – Scan: Search for potential hazards.

I – Identify: Locate hazards and potential conflicts with cars, trucks and other vehicles; pedestrians and animals and stationary objects.

P – Predict: How will this hazard affect me?

D – Decide: How to reduce or eliminate the hazard with methods including communicating your presence, adjusting your speed or lane position.

E – Execute: Carry out your decision.

Here are more safe riding tips from the motorcycle safety foundation: You and Your Motorcycle: Riding Tips booklet.

The Michigan Motorcycle Safety Program

Motorcyclists in Michigan must get their motorcycle endorsements to ride legally on public streets and highways. Here’s information about the Michigan Motorcycle Safety Program by the Secretary of State. The program uses safety standards established by the Motorcycle Safety Foundation. All motorcycle operators and bikers must take a basic motorcycle knowledge test and successfully complete a motorcycle safety class or pass a rider skills test.

One tip I can give you from my years helping injured motorcycle operators is this: you can be the safest rider possible (and the vast majority of the people I’ve helped in motorcycle crashes were). But it isn’t you who runs the red light or who doesn’t look before changing lanes - it’s the other driver. You can’t always assume the rules of the road will be obeyed, and you have to always be vigilant.

- Steven M. Gursten is a motorcycle accident lawyer and head of Michigan Auto Law. Steve has received the highest motorcycle injury settlement in the state, according to Michigan Lawyers Weekly. He frequently appears in the media on motorcycle safety and the proposed helmet repeal, and is available for comment.

Related information to protect yourself:

Motorcycle pre-ride checklist

What motorcycle insurance is required with the new Michigan helmet law repeal?

15 motorcycle driving tips

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve you. Call (800) 777-0028 for a free consultation with one of our Michigan motorcycle accident lawyers.

Here’s a terrible thought: Car accidents are the leading cause of death for children in the United States, according to the Centers for Disease Control and Prevention. The good news is that parents can prevent many of these tragedies just by putting their children in the right car seat at the right age.

For National Youth Traffic Safety Month in May, our accident attorneys want to share some new safety tips and resources to help keep your child safe in the car.

Child car seat safety tips

Birth – 12 months: Children under age 1 should ride in a rear-facing car seat.

1 – 3 years: Children should be secured in a rear-facing car seat until they reach the top height or weight limit allowed by the car seat manufacturer.

4 – 7 years: Children should be secured in a forward-facing car seat with a harness until they reach the top height or weight limit allowed by the car seat manufacturer.

8 – 12 years: Children should be secured in a booster seat in the back seat until they are big enough to fit in a seat belt properly.

Follow your car seat manufacturer’s instructions: And your vehicle owner’s manual on how to install our child’s car seat or booster seat. Pay attention to the weight limit.

Get your car seat inspected: Make sure your car seat is approved and properly installed by visiting a car seat inspection station.

(Source, National Highway Traffic Safety Administration Car Seat Recommendations for Children)

Michigan’s child passenger safety law

Here’s where I have to sound like a lawyer. Michigan law requires children younger than age 4 to ride in a car seat in the rear seat, if the vehicle has a rear seat. Older children are required to be properly buckled in a car seat or booster seat until they are 8 years old, or 4 feet 9 inches tall.

Free child safety book from Michigan Auto Law

For more important child safety tips, you can order a free copy of our book, How to Keep Your Children Safe – Simple Steps to Protect Your Loved Ones from Hidden Dangers. Just fill out this quick form.

Our accident attorneys wish you and your family safe travels.

- Steven Gursten is a Michigan accident attorney and head of Michigan Auto Law. He president of the Motor Vehicle Trial Lawyers Association. Steve frequently writes and speaks on child safety and teen driving, and is available for comment.

Related Information:

Top cause of accidental death for children: car accidents

Keep Kids Alive Drive 25

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Sterling Heights, Ann Arbor, Grand Rapids and Detroit. Call (800) 777-0028 to speak with one of our Michigan accident attorneys today.

The Federal Motor Carrier Safety Administration (FMCSA) had recently proposed to toughen its standards for truck drivers who have sleep apnea. But sadly, it looks like it has now caved to pressure from the trucking industry and withdrawn the proposed regulatory guidance for obstructive sleep apnea, according to truckinginfo.com.

The FMCSA had originally proposed to adopt the recommendations of two advisory panels on sleep apnea guidelines. The recommendations advised the FMCSA to require medical examiners to evaluate truck drivers with a body mass index of 35 for sleep apnea.

Obstructive sleep apnea is a sleep disorder that causes a person to stop breathing throughout the night, leading to daytime sleepiness. Many people who are overweight also have sleep apnea. The problem is that truckers with sleep apnea are far more likely to cause a serious truck accident.

I recently wrote about a new safety rule that requires healthcare professionals and doctors who perform medical exams for truck and bus drivers to be trained, tested and certified on the specific physical qualifications that affect the trucker’s ability to safely drive. Our truck lawyers hope that sleep apnea is part of this testing.

But if it were a requirement that truckers of a certain BMI were tested, that would be an extra step —  that could be enforced when broken — in preventing truck accidents at the hands of overtired and overweight truckers.

A couple weeks ago, I discussed an Australian sleep study that found that 40 percent of Australian truckers have sleep apnea, and an NPR story that reported that as much as 30 percent of American drivers are believed to have sleep apnea. With statistics showing that overweight truck drivers account for 13 percent of fatal truck accidents, it’s imperative that we have stronger sleep apnea testing and standards for truck drivers.

- Steven Gursten is head of Michigan Auto Law and is regarded as one of the top truck accident lawyers in the country. He has received the top-reported jury verdict in Michigan for a truck accident case. Steve was named a Michigan Lawyers Weekly Leader in the Law for his work to promote national truck safety.

Related information to protect yourself:

“Fat truckers” v. the FMCSA

Help for attorneys: Unfit truckers causing truck accidents

What you must know about Michigan truck accident cases

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Sterling Heights, Ann Arbor, Grand Rapids and Detroit. Call (800) 777-0028 or to speak with one of our truck accident lawyers today.

Michigan today has a terrible problem with runners and ambulance chasers.  And if nothing happens to fix this, the problem will continue to grow. I’ve watched the problem with accident runners and ambulance chasing grow considerably over the past years.

People injured in car accidents today, especially in the metro-Detroit area, can now expect to get telephone calls from complete strangers, “informing” them of their No-Fault rights. These phone calls come with an offer to send an investigator to the house, with a referral to a chiropractor and then a strong push to a personal injury lawyer made by the investigator. There has even been some lawsuits, including this one recently filed in United States Eastern District Court by State Farm, that even names an alleged investigator by name.

But nothing so far from Michigan Attorney General Bill Schuette. And nothing so far from the State Bar of Michigan.  And that is unfortunate, for we are only looking at the very tip of this iceberg.

The personal injury lawyers who are orchestrating most of this (I believe there are three or four in particular) are using non-lawyers and chiropractors to get around the attorney solicitation rule that currently exists and prevents lawyers from cold-calling people.

Rules, of course, only matter if they are enforced.  The lack of any enforcement is certainly part of the problem.  But the bigger problem here is the lack of rules. Today lawyers can buy UD-10s of car accidents online, and have a solicitation package out within minutes. Investigators and runners can look these people up and call them at home within minutes of a police report being posted online.

The real problem is that legal ethics hasn’t caught up to the temptations of technology.

I can remember five years ago I would sometimes see one or two lawyer solicitation letters when I was meeting with a new client.  But today, five years later, it is no longer just one or two solicitation letters.  The phone calls and solicitation letters are threatening the image of the legal profession, and our failure to do anything about it is threatening the Michigan Bar Association’s mission of protecting the public.

Today, Michigan injury lawyers are buying police reports on the Internet and these solicitation “shock and awe’” packages that have pretty glossy information about the law firm and the accident victim’s police report are now going out to these accident victims within hours of the police report being posted online.

I have submitted several comments to the Michigan Supreme Court on the rules regarding the problem of  attorney solicitation. I hope the Court  considers my comments, as our rules need amending.

The news is only beginning to catch on. There was this piece recently on Channel 4 News: “Cappers target metro Detroit crash victims in illegal insurance scheme.” And the story on Fox News, “Man’s police report sparks lawyer feeding frenzy.”

Regarding the latest Michigan Supreme Court rule, MRPC 7.3: I agree that requiring a waiting period before family attorneys can solicit  people who are soon-to-be divorced is wise. However, limiting solicitation only to family attorneys is less so.

Allowing any type of lawyer solicitation — even within 14 days — is a terrible mistake that demeans the legal profession and fails in our most important responsibility of protecting the public.

In particular, I strongly urge the Michigan Supreme Court to look again at how lawyer solicitation is destroying  the image of the personal injury lawyers in particular. A recent news piece on Fox News called “Man’s Police Report Sparks Lawyer Feeding Frenzy,” shows just how jarring and distasteful this can be for people who are injured in car accidents. Just days after a crash, these people are now being  disturbed at home with phone calls made by agents paid by  personal injury lawyers to get around the legal solicitation loopholes, and being carpet bombed by a dozen injury lawyer solicitation letters.

I could not imagine a more ugly way to portray the legal profession in this state. We must do better.
Technology has created “forbidden fruit” just too tempting for many injury lawyers to pass without tasting. Lawyers can  click on Docview and pay a very small fee to find people who have just been injured, and when they are most vulnerable. They have set up phony “victims accident services” fronts to call these people at home, harassing them with multiple phone calls, so they can be “explained” their no fault insurance rights, and of course given the name of a chiropractor and a lawyer that they should see immediately.

I would not speak out about this if I did not feel it to be so damning and damaging to our profession.  We are all tarred by this brush. But we do not all share the power to stop this despicable practice that is harming innocent and vulnerable people in this state every single day. That is why I believe that the 14-day ban on legal solicitation must be extended beyond family practice lawyers to include at the very least personal injury lawyers, and that the ban be extended beyond 14 days to 90 days.

- Steven M. Gursten is an injury lawyer and head of Michigan Auto Law. He is president of the Motor Vehicle Trial Lawyers Association and has received the highest verdict or settlement for a car or truck accident case in 2008, 2009, 2010 and 2011, according to Michigan Lawyers Weekly.

- Photo courtesy of Creative Commons, by andrewmalone

Related information:

New rule curbs lawyer solicitation letters in Michigan

Attorney solicitation rules: Michigan Supreme Court must do more to protect accident victims from predatory lawyers

Michigan Supreme Court considers 30-day waiting period for lawyer solicitation by mail
Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Sterling Heights, Ann Arbor, Grand Rapids and Detroit. Call (800) 777-0028 or to speak with one of our Michigan injury lawyers.

I’ve been thinking a lot lately about how unfair Michigan’s economic loss law is for people seriously injured in car accidents. Our economic loss law as it applies to auto-negligence cases is broken, and it’s in need of repair from the Michigan Legislature.  Unfortunately, the Michigan Supreme Court is about to make the problem even worse.

Excess replacement services

Our economic loss law is about to become even more unfair. The Michigan Supreme Court will rule soon on whether seriously injured car and truck accident victims can claim and recover excess replacement services (help with services around the house) as part of an injured party’s excess economic loss claim.

Lawyers helping auto accident victims have been doing this for years, and I’ve been making these claims for my own injured clients for nearly 20 years in trial.  But now there is a case pending before the Michigan Supreme Court on the issue, and any observer of Michigan Supreme Court  jurisprudence since 2000 will understand why I do not hold out much hope. Once again, I expect our activist Republican Court will change well-settled law, overturn precedent, and change our law to the disadvantage of innocent consumers and in favor of insurance companies.

Replacement services are an important Michigan No-Fault benefit because they pay for someone — i.e., a replacement — to perform the “ordinary and necessary services” a car accident victim would have done for herself had she not been seriously injured.

The way it works in Michigan is as follows:  your own No-Fault insurance pays for the first three years of replacement services at $20 a day, as needed. After the three years is over if you are still disabled and will be paying out of pocket for someone to perform these services for you, then responsibility for this future cost shifts to the person who caused your injuries.

That’s how replacement services has worked until now. The excess replacement services case before the Michigan Supreme Court is Johnson v. Recca and the court heard arguments on the case on April 4, 2012. For more about Michigan replacement services and the Johnson case, check out our blog.

Earning Capacity is more fair to auto accident victims than earning loss

It’s important to keep in mind that Michigan’s economic loss law is already unfair in its current form. That’s because Michigan fixes your economic loss claim to a moment in time - the time of your automobile accident.  Our economic loss law operates as an X-Ray - it freezes what you were earning at the time of your auto accident to that moment of time - and it is that economic loss only that you can claim in any auto negligence (auto tort) lawsuit filed in this state.

In almost all other states, and even in Michigan in other areas of personal injury law excluding auto accident injury cases, an economic wage loss claim is based upon someone’s “earning capacity.” Earning capacity is a measure of what a person could have reasonably expected to earn as future economic income if the car crash did not occur.  It is based on your education, training and experience, and then it takes a look at what someone in the accident victim’s position could expect to earn based upon government studies, peer-reviewed economic literature, and other sources to show would be reasonable.

Michigan does not use earning capacity in auto accident claims when someone is seriously injured and will have future economic loss. Michigan goes the other way, and the result is  both illogical and draconian.  It fixes people to a moment in time, and it takes away everything that an injured person has been working, striving, and aspiring to reach.

The law flows from a case called Ouellette v. Kenealy (and the companion case Argenta v. Shahan) from 1985. The Supreme Court ruled that No-Fault wage loss benefits compensate only “for ‘actual’ ‘loss of income from work an injured person would have performed’ if he had not been injured,” not for “loss of earning capacity.” (424 Mich 83)

To understand how unfair this law has become, one just has to see how lower courts in Michigan have applied it to real people.  For example, students, even students a year or less away from graduation have lost out entirely.  In Gerardi v. Buckeye Union Insurance Company, the Michigan Court of Appeals denied a nursing student’s claim for wage loss benefits based on the nursing income she lost due to her delayed graduation. Her car crash-related injuries forced her to postpone her studies for one year. The court was unsympathetic, rejecting her claim. Wage loss benefits must be based on “actual earnings, the court said, “not on future possibilities.”

How the excess economic loss law hurts young adults and those changing careers

The law is also devastating for people changing careers and young adults just landing their first job.  In both cases, economists can show with certainty that the money they are making is a fraction of what they will make over time, but “future probabilities” don’t count.

Nor do years spent acquiring an expensive higher education in pursuit of a degree. The medical student gets nothing. Michigan law neither accounts for nor cares about what her “future probabilities” when someone is seriously injured in an auto accident.

This law is an insult to every hard working Michigan citizen, who for any one of a million different reasons wasn’t at the economic pinnacle of their careers, before those careers are wiped out by another person’s carelessness and negligence.

On the other hand, this law is an incredible gift and boon to the people who cause car accidents that change and destroy another’s life, injuring them so severely that they cannot ever return to work.  It is hard to fathom why Michigan law protects the people who cause serious auto accidents, at the expense of the people they injure.

Our economic loss law in auto accident cases needs to be changed.

Unfortunately, after the Michigan Supreme Court rules on the excess replacement services case (Johnson), the economic loss law in Michigan will be changed, all right.

But for the worse. Much worse.

- Steven M. Gursten is an accident lawyer and head of Michigan Auto Law. He is president of the Motor Vehicle Trial Lawyers Association and has received the highest verdict or settlement for a car or truck accident case in 2008, 2009, 2010 and 2011, according to Michigan Lawyers Weekly.

Related information:

Pan and suffering lawsuit

Non-economic damages

What’s in store for auto accident victims in 2012?

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Sterling Heights, Ann Arbor, Grand Rapids and Detroit. Call (800) 777-0028 or to speak with one of our Michigan accident lawyers.

May is Motorcycle Safety Awareness Month. As a motorcycle accident lawyer, and especially  given the 2012 Michigan motorcycle helmet repeal, it’s more important now than ever to discuss additional ways motorcycle operators can stay safe on the roads.

We’ve seen several critical motorcycle accident injuries and a fatality in the last month after the helmet law repeal, where the motorcycle operators were not wearing their helmets. According to the Detroit Free Press, a Flint motorcyclist died Monday after losing control and being thrown from his motorcycle. Also, a man in an Algonac crash suffered a severe head injury that investigators said could have been prevented with a helmet, according to The Times Herald.

The good news is, at a recent bike rally called the Blessing of the Bikes in Holland,Michigan, that attracted between 2,500 and 5,000 motorcyclists , The Grand Rapids Press reported that  nine out of 10 riders were wearing their helmets.

Below is an excellent pre-ride checklist that uses the “T-CLOCK” method. T-CLOCK is a mnemonic developed by the Motorcycle Safety Foundation for helping bikers complete a comprehensive pre-ride inspection of a motorcycle before each and every single ride. The individual letters stand for the specific areas to check:

T – Tires and wheels

Brakes: Check that each brake keeps bike from rolling, and that pads are greater than minimum thickness.

Tire condition: Check for tread depth, weathering, bulges, embedded objects, wear.

Air pressure: Check when cold, adjust to load.

Spokes: Check for bent, broken, bent, missing or tense.

Rims: Check for out of round and out of true = 5 mm.

Bearings: Check top and bottom of tire and flex, no free play and no growl when spinning.

Seals: Check for cracked, cut, torn excessive grease.

C –Controls

Levers and pedal: Check for broken, bent, cracked, tight mounts, ball ends on handlebar, adjustment, lubrication.

Cables: Check for fraying, kinks, lubrication, no interference or pulling, suspension, no sharp angles.

Hoses: Check for cuts, cracks, leaks, bulges, chafing, deterioration, no interference or pulling, suspension, no sharp angles.

Throttle: Check that it moves freely, snaps closed and no revving when handlebars turned.

L – Lights

Battery: Check that the terminals tight/clean, electrolyte level OK, secured, proper routing of vent tube

Wiring: Check for fraying, chafing insulation, especially important at steering head.

Head lamp: Check for cracks, reflector, mounting and  proper adjustment.

Tail/brake lamp: Check for cracks, cleanliness, tightness and activation upon brake application.

Turn signals: Check that they’re flashing.

Mirrors: Check for clacks, clean, tight mounts, swivel joints and proper adjustment.

Horn: Check that it works.

O – Oil

Leaks: Check for leaks in coolant, brake/clutch fluid, engine oil, final drive.

Levels: Check oil level on center stand when cold.

Air filter: Check for blockage, clean and not torn.

Fuel lines: Check they’re not bent, leaking or cracked and properly secured with clamps.

Brake/clutch: Check for correct fluid levels, no leakage, no hose deterioration.

C – Chain and Chassis

Drive chain/belt: Check for wear, proper adjustment, lubrication, master link clip.

Sprockets: Check for wear.

Chain guard: Check that it’s securely mounted.

Frame: Check for for cracks, accessory mounts, steering head and engine cradle.

Shocks and Forks: Check for leaks, smooth operation, air pressure, alignment.

K – Kickstand

Side Stand: Check that it’s not bent, retracts fully, proper ground clearance.

Center Stand: Check that it’s not bent, retracts fully, proper ground clearance.

- Source, Motorcycle Safety Foundation, Michigan-motorcycle-awareness.org

Please stay safe on your motorcycles and always wear your motorcycle helmets.

- Steven M. Gursten is a motorcycle lawyer and head of Michigan Auto Law. Steve has received the highest motorcycle injury settlement in the state, according to Michigan Lawyers Weekly. He frequently appears in the media on motorcycle safety and the proposed helmet repeal, and is available for comment.

Related information to protect yourself:

Michigan motorcycle accident law FAQs

What motorcycle insurance is required after the helmet law repeal?

Gov. Snyder signs repeal of Michigan motorcycle helmet law

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights to better serve you. Call (800) 777-0028 for a free consultation with one of our Michigan motorcycle lawyers.

Michigan drivers deserve the real story about  the Michigan Catastrophic Claims Association.

Especially when the insurance industry executives that make up the MCCA board are asking drivers to pay  the highest per vehicle assessment costs ever. But a straight story is hardly what Michigan drivers are getting when it comes to the MCCA.  In fact, the public can’t even look at the numbers. Instead we are asked to take their word for it, at the same time that the insurance industry is pushing for wide-ranging No-Fault changes.

In the MCCA’s official press releases, financial statements and annual reports:

• The MCCA contradicts itself about the actual dollar amount of its deficit.
• The MCCA reveals that its deficit shrunk by nearly $1.5 billion between 2010 and 2011.
• The MCCA reveals that it is currently devoting a smaller percentage of each assessment to deficit reduction than it did in previous years, despite the ongoing deficit problem.

Standing alone, those deficit problems are significant for the MCCA, whose purpose, since its creation in 1978, is to use assessment revenue from Michigan drivers to pay for the medical costs in excess of $500,000 of catastrophically injured auto accident victims.

But when those deficit problems coexist with the MCCA increasing its annual assessment to the unprecedented level of $175 per vehicle, which will inevitably result in higher auto insurance rates for drivers, those deficit problems become significant for every driver in Michigan.

Michigan drivers deserve to know what the MCCA is doing with their money and why the MCCA insists on taking more of it.

Appointing an emergency manager to take over the MCCA as Rep. Philip Cavanagh (D-17th District) proposes is a reasonable step whose time has come.

At a minimum, the time has come for the Michigan Legislature to act on bills (two of which were sponsored by Cavanagh) aimed at making the MCCA more accountable to Michigan drivers and the public.

MCCA deficit discrepancies

There appears to be a lack of agreement within the MCCA about what its current deficit is.

According to its press releases, the “estimated deficit” has been running at approximately $2 billion since 2010.

Yet, the MCCA’s annual report to the Insurance Commissioner and its financial statement prepared by PricewaterhouseCoopers report different figures. For the fiscal year ending June 30, 2010, the MCCA’s official financial documents stated the deficit was $2,528,399,000.

And, according to those same documents, the deficit was $1,034,992,000 for the fiscal year ending June 30, 2011.

MCCA deficit reduction

In case you missed it above:

The MCCA deficit shrunk by nearly $1.5 billion between 2010 and 2011.

Shockingly, the MCCA has not publicized that fact and neither has any of the auto insurance industry leaders condemning Michigan’s No-Fault system and calling for so-called “reform” in the form of slashing Michigan drivers’ medical benefits without any promise of savings or lower premiums.

As if the nearly $1.5 billion reduction between 2010 and 2011 were not enough, the MCCA’s press releases also show that the deficit dropped from $2.2 billion in 2009 to $2 billion in 2012.

Yet another discrepancy.

Finally, despite the ongoing nature of its deficit problem, the MCCA’s press releases show that the percentage of each annual assessment used for deficit reduction has gone down slightly in recent years. For the 2009-10 assessment, the percentage was 19 percent. Today, for the 2012-13 assessment, the percentage is 18 percent.

(Sources of MCCA information: Press releases, financial statement, annual report)

Let in the sunshine

Given the uncertainty about the amount of the MCCA’s deficit, its recent, unpublicized nearly $1.5 billion reduction in the budget and its recent unprecedented in its annual assessment, it is certainly time, as Rep. Cavanagh says in his recent Detroit Free Press column, “for some sunshine to be blown into this process.”

Here’s what the State Rep from Redford Township is proposing:

• On April 17, 2012, Cavanagh introduced House Resolution 228 which “implore[s] the Michigan Department of Treasury to conduct a financial review of the Michigan Catastrophic Claims Association (MCCA) to consider the appointment of an emergency financial manager …”
• On June 16, 2011, Cavanagh introduced in the Michigan House of Representatives House Bill 4785 to eliminate the MCCA’s exemption from the Michigan Freedom of Information Act.
• On June 16, 2011, Cavanagh introduced House Bill 4786 to require that the MCCA comply with the requirements of Michigan’s Open Meetings Act. Under Michigan’s Open Meetings Act, the meetings of “public bodies” are required to be open to the general public so that anyone can attend. Moreover, any deliberations and/or decisions of the public body must be made during the public, “open meeting.” (MCL 15.261, et al.)[On January 26, 2011, a similar bill was introduced in the Michigan Senate, SB 75.]

- Steve Gursten is one of the nation’s top insurance lawyers handling auto accident lawsuits. He is head of Michigan Auto Law and president of the Motor Vehicle Trial Lawyers Association. Steve frequently writes and speaks about Michigan No-Fault law and auto insurance, and is available for comment.

Related information to protect yourselves:

More MCCA data needed before No-Fault price hike

How much money is really in the Michigan Catastrophic Claims fund?

How to be a smart shopper when buying Michigan No-Fault auto insurance

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights. Call (800) 777-0028 to speak with one of our Michigan insurance lawyers

The school year is coming to a close. If you are a kid, this is great (sometimes for parents a bit less so).  Most kids and teens are already in “Huck Finn” mode, looking forward to the  fun and freedom of summer. But for teen drivers, fun and freedom is also associated with the highest numbers of car accidents, as well as injury and death as a result of these crashes. Now is a very good time to take a few moments and talk with your teen driver about safety as he or she prepares for prom night and graduation.

Car accidents are the leading cause of death for youth in America, according to the CDC.  And summer is the deadliest time of the year for teens, according to an AAA Michigan study. Specifically, between 2005 and 2009, an average of 422 teen auto accident fatalities occurred each month during summer months, but dropped to 363 during non-summer months.

Our accident lawyers have discussed that Michigan’s new Graduated Driver Licensing (GDL) law should help prevent some of these deaths, as teenage drivers with a Level 2 license now have to comply with driving restrictions, including limits on the number of passengers in a vehicle and shorter night driving hours.

Another way to prevent car accident fatalities for teens and youth is by simply talking about safety with your children, and knowing the best ways to keep your kids safe in the car.

During National Youth Traffic Safety Month, companies and organizations across the country will be holding events, contests and promotions to raise awareness about the dangers teens and children face on the road.

Our accident lawyers will do our part by blogging about car seat safety and teen driving issues like distracted driving and drunk driving. We’re also having our accident lawyers speak at several metro Detroit schools, to discuss safety tips and car accident stories with students.

Until then, here are a few interesting facts on how various Michigan traffic safety checks are saving young lives. The National Highway Traffic Safety Administration recently published counts for how many Michigan lives were saved in 2010 by various restraints:

• Michigan lives saved by child restraints age 4 and younger: 13
• Michigan lives saved by seat belts, age 5 and older: 415
• Michigan lives saved by frontal airbags, age 13 and older:  63

- Steven Gursten is a Michigan accident lawyer and head of Michigan Auto Law. He president of the Motor Vehicle Trial Lawyers Association. Steve frequently writes and speaks on child safety and teen driving, and is available for comment.

Related Information:

No. 1 cause of death for children in Michigan - car accidents

Teen distracted driving: Graphic crash video by MDOT

How to choose the right Michigan accident lawyer

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Sterling Heights, Ann Arbor, Grand Rapids and Detroit. Call (800) 777-0028 or to speak with one of our Michigan accident lawyers.

There’s an important new safety rule that requires healthcare professionals and doctors who perform medical exams for truck and bus drivers to be trained, tested and certified on the specific physical qualifications that affect the trucker’s ability to safely drive.

It’s about time.

The doctors who examine truck drivers have been woefully unprepared for too long. It is also quite a game with truckers who do have serious medical conditions and who know damn well the medical examiners who will always give them a passing grade. They know which medical examiners to go to, and which to avoid. To help the cause, peruse the classifieds of any popular magazine for the trucking industry today, and see dozens of ads for all sorts of agents and pills that can mask and disguise illegal drugs.

As a truck accident attorney, I am pleased with this new safety rule. It’s a start. If it’s enforced, it will be another step in help preventing otherwise completely preventable, deadly truck crashes that occur at the hands of truckers with serious medical conditions. These are drivers  who should never have been behind the wheel to start. These are drivers who threaten us all, and all of our families, every time they get behind the wheel.

Medical examiners perform approximately 3 million exams on commercial truck and bus drivers each year, according to an announcement by U.S. Transportation Secretary Ray LaHood. LaHood said the new rule will ensure that healthcare professionals keep in mind the many demands required to operate large trucks and passenger buses.

LaHood is right. There are many physical demands involved in driving a commercial truck, and it’s imperative that truck drivers are healthy so they can keep up with these demands. The problem is, many truck drivers on the roads today are far from healthy and alert.

For instance, there are close to 600,000 commercial truck drivers with dangerous medical conditions and who qualify for full federal disability payments driving trucks on the roads today, according to a U.S. Government Accountability Office study. This means there are (at least) 600,000 truckers on our roads with epilepsy, heart disease and various other illnesses and injuries that can greatly impair their ability to operate an 80,000-pound commercial truck.

We really hope that this new rule also helps also identify and treat sleep apnea in truckers. Just last week I discussed an Australian sleep study that found that 40 percent of Australian truckers have sleep apnea.

The Federal Motor Carrier Safety Administration (FMCSA) says it developed this rule, called the National Registry of Certified Medical Examiners, as part of its commitment to “enhancing the medical oversight of interstate drivers, and preventing commercial vehicle-related crashes, injuries and fatalities.”

- Steven Gursten is head of Michigan Auto Law and one of the top truck accident attorneys in the country. He is past president of the American Association for Justice Truck Accident Litigation Group, and has received the top-reported jury verdict in Michigan for a truck accident case, according to Michigan Lawyers Weekly. Steve was named a Michigan Lawyers Weekly Leader in the Law for his work to promote national truck safety.

Related information to protect yourself:

Safety rules be damned when it comes to truck companies cutting costs

Truck lawyers must investigate a trucker’s background and history

Support for truck drivers

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Sterling Heights, Ann Arbor, Grand Rapids and Detroit. Call (800) 777-0028 or to speak with one of our Michigan truck accident attorneys today.