Personal Injury Attorney, Ann Arbor MI

Car accidents are scary and frightening events. The confusion and adrenaline rush can cause individuals to forget to do even basic things. However, there are basic steps every person should take following a Michigan car crash.

1. Make sure everybody inside the car is accounted for and responding.
2. If somebody is seriously injured, provide aid to them as quickly as possible. Every car should have at least a basic first aid kit, which includes bandages, band-aids, adhesive tape, and antibiotic ointment.
3. Call 911. Let the 911 operator know if anybody is injured so medical personnel can come to the scene as quickly as possible.
4. Make sure the police are called to the accident scene. It doesn’t matter what the severity of the accident is — always call the police so that a proper police report is prepared by the local authorities. And make sure you provide your side of the story to the responding officers that arrive at the scene.
5. While at the car crash scene, make sure to exchange information with the other drivers. Get their name, address, telephone number, and auto insurance information.
6. Take photographs of the accident scene if you can safely do so. Take photographs of the vehicle damage not only to your vehicle but also to the other vehicles involved.
7. Following a crash, the responding police officer will complete what’s known as a Traffic Crash Report, or UD-10 Report. This report will contain the name, address, and telephone numbers of all parties involved in the accident. It will include car insurance information, whether an ambulance was called to the scene, how the accident occurred, where the accident occurred, and who was at fault for causing the accident and why. All of these pieces of information are important.
8. The auto insurance company for the other driver will use the police report to decide whether or not to accept responsibility. Your own auto insurance carrier will want the police report to evaluate the insurance claim and the payment of benefits that are available to the individuals involved in the accident.

These steps are only the beginning. It is important to also speak to an experienced and knowledgeable attorney who can answer any question you have and point you in the right direction.

In most cases, if you have private health insurance, such as Blue Cross Blue Shield or HAP, then your own health insurance pays the medical bills from your car accident. Under the Michigan no-fault law, your auto insurance then picks up all bills, co-pays, and other medical bills that health insurance does not cover.

However, if you have Medicare or Medicaid then the situation is different. Under the no-fault law, Medicare and Medicaid plans such as Meridian or Molina do not pay auto accident bills. In this situation, the auto insurance responsible for paying will be primary and pay for the medical bills related to the accident, up to the PIP coverage limit.

In some circumstances, individuals with Medicare have chosen to opt out of all PIP coverage. When this happens, Medicare will pay for auto accident-related treatment. But Medicare will demand reimbursement for every penny it has paid through the liability claim against the at-fault driver who caused the accident.  

The Michigan car accident injury lawyers at the Lee Steinberg Law Firm handle Michigan car wrecks throughout the state. We have litigated cases against virtually every insurance carrier that writes policies in Michigan and we know what tricks they pull and what games they play. Call us at 1-800-LEE-FREE (1-800-533-3733) so we can assist you with your claim.

The statute of limitations is the time limit a person has to file a lawsuit against a defendant in court for civil compensation. If you wait too long and do not file a lawsuit in court against the defendant, then you forever lose your right to obtain compensation against that defendant.

In a standard negligence action against a motor carrier or trucking company in Michigan, the statute of limitations is 3 years. This means you have 3 years from the date of the accident to file a lawsuit in court seeking pain and suffering damages and economic loss (medical expenses and lost wages). Again, if you do not file a lawsuit within that time, you cannot pursue a case for compensation against that defendant.

The statute of limitations on a first-party PIP case is different. Under Michigan law, an individual seeking PIP benefits, also known as no-fault benefits, has one year from the date a benefit is incurred. If the benefit – such as lost wages or a medical bill – is incurred and more than one year passes, you can lose your ability to recoup that benefit. However, the law in Michigan has changed. It is now possible to obtain benefits that are older than one year in some situations.

Filing a lawsuit within the statute of limitations is critical for trucking accident victims.

The police will do a preliminary investigation and file a police report. Sometimes the Washtenaw County Sheriff’s Department will do the investigation. Sometimes, the Michigan State Police will get involved depending on the location of the crash. You can request a copy of this report, but you’ll also need to start an investigation with your truck accident lawyer. In the meantime, state and federal agencies will conduct their investigations to determine whether the trucker violated any regulations.

The Black Box

It is important to send a spoilation letter to the defendant trucking company as quickly as possible after the accident. The spoilation letter should demand the company preserve the truck itself, the event data recorder (EDR) or “black box”, maintenance records, receipts, driver logs, audio and video recordings, and personnel files.

Accident Reconstruction Expert

It is also important to retain and hire an accident reconstruction expert. An experienced Ann Arbor trucking accident lawyer will be able to get an accident reconstruction expert to the crash site as quickly as possible to start the investigation process. Trucking companies are very aggressive in the defense of these claims. Getting a jump on their own investigation is vital. 

During the investigation, the expert will examine the truck along with any in-truck recordings. In addition, the trucker’s licensure and qualifications will be reviewed. Further, the trucking company’s compliance will be under scrutiny, and experts may be asked to weigh in on their opinions of what happened during the crash. All this works to your benefit, as an injury victim, because it provides evidence you can use for your case.

Truck accident cases in Ann Arbor and Washtenaw County are a special type of case. Getting an aggressive semi-truck accident injury law firm on your side early on can mean the difference between winning and losing your case. Protecting evidence, retaining experts, and conducting a thorough investigation early on is so important.

Yes, you absolutely can. Just because your bike wasn’t insured doesn’t mean that you can’t make a claim for pain and suffering compensation. Here in Michigan, you can still make a claim against the at-fault driver for compensation even if you don’t have motorcycle insurance. You must still prove the other driver is at least 50% at fault and that your injuries were directly related to the accident. If so, you are most likely entitled to receive compensation.

Michigan law now permits motorcyclists to decide if they wish to wear a helmet or not. However, there are certain restrictions. To legally not wear a helmet, a motorcycle operator must:

• Be at least 21 years old
• Have at least $20,000 in first-party medical benefitsHave held a motorcycle endorsement for at least two years or have passed an approved motorcycle safety course

The law also allows for motorcycle passengers to not wear a helmet. Passengers also may not wear a helmet as long as they:

• Are at least 21 years old, have at least $20,000 in first-party medical benefits insurance in addition to the insurance that is required of the motorcycle operator

Individuals younger than 21 years old must wear a helmet that is approved by the U.S. Department of Transportation.  

Individuals younger than 19 years old must still wear a helmet if operating a moped on a public highway. The motorcycle helmet statute, MCL 257.658, can be found here.

Michigan motorcycle accident injury cases demand specific detail and expertise. If you or your family member is suffering from physical and emotional pain due to a motorcycle accident caused in some part by another person, the motorcycle accident attorneys at the Lee Steinberg Law Firm can help.

During an initial consultation, we can discuss your claim in-depth and help you to understand all of your legal options. Please call us at 1-800-LEE-FREE (1-800-3733) if you have any questions about Michigan motorcycle accident injury law.

Injuries resulting from drunk driving accidents in Michigan can be catastrophic. Due to the impairments alcohol can cause, such as slowed down reaction time and reflexes, the impacts these crashes create can be severe. Injuries resulting from alcohol and drug-related crashes include:

• Broken legs and arms
• Traumatic brain injury (TBI), including concussion
• Broken pelvis and hips
• Joint injury, including ligament and tendon damage to the knee and elbow
• Low back pain resulting in lumbar radiculopathy
• Neck pain resulting in cervical radiculopathy
• Shoulder injury, including rotator cuff tears
• Death

In Michigan, bicyclists injured in an accident involving a car or truck are entitled to Personal Injury Protection (PIP) benefits, also known as first-party benefits, under the Michigan No-Fault Law. PIP benefits cover reasonably necessary medical bills and expenses related to the accident, up to three years of lost wages, replacement services (to cover household chores or childcare the victim can no longer complete), attendant care such as in-home nursing, medical mileage, out-of-pocket costs, and vehicle and/or home modifications.

To determine whose no-fault insurance will cover a bicyclist’s injuries, no-fault law outlines “priority” rules. These rules determine which car insurance company is obligated to pay no-fault benefits. There are three levels of priority, listed below in the order of responsibility:

1. If the bicyclist has a no-fault insurance policy in his or her name, that insurance company has first priority and is responsible for paying benefits to the victim.
2. If the bicyclist does not have no-fault insurance, but a resident relative (spouse, parent, sibling) does have a car insurance policy, then the resident relative’s insurance company is responsible for paying benefits to the victim.

The final responsibility, if none of the other options have no-fault insurance, belongs to the Michigan Assigned Claims Plan (MACP).

The MACP is a plan created by the legislature and managed and administered by the auto insurance industry. Under the Plan, after a claimant completes an Application for Benefits and provides the necessary documentation, a car insurance carrier – such as Allstate or Farm Bureau – will be assigned to pay the no-fault claim. The MACP application process is not easy and we suggest you contact a Michigan car accident law firm to assist you and answer your questions.

• Get yourself to a place at the side of the road where you are safe and not in danger of being hit by another vehicle.
• Phone the police, or ask another person to call the police for you. Do not leave the scene before the police arrive.
• Get witness information and insurance information from the driver who hit you.
• If it is possible to safely take pictures with your cell phone, do so.
• Seek medical attention even if you don’t know if your injuries are serious. Save all documentation.
• Make sure that the police give you the police report number..
• Report the accident to your insurance company.
• Do not post on any social media or admit any blame.
• Talk to an experienced personal injury lawyer.

Bodily Injury Liability Coverage: If an Uber or Lyft driver causes an accident, the victim can make a negligence claim for pain and suffering compensation against the Uber or Lyft driver and obtain compensation through his or her insurance policy. Under MCL 257.2123, Uber and Lyft insurance drivers who are logged into the app, but not engaged in a prearranged ride are obligated to provide at least $50,000 per person and $100,000 per accident in bodily injury coverage for the accident they caused.

However, if the driver is engaged in a prearranged drive, then the Uber or Lyft driver must have at least $1,000,000 in insurance coverage.

Personal Injury Protection Coverage: Uber and Lyft drivers must provide at least $250,000 in PIP coverage for passengers or customers who are injured during a ride. This amount is available even if the driver of the Uber or Lyft ride was not at fault for causing the crash. Uninsured/Under-Insured Motorist Coverage: Uber and Lyft cover accidents caused by an uninsured or under-insured motorist up to $1,000,000 while a passenger occupies an Uber vehicle.

Michigan Compiled Laws section 600.5805 says that “the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property.” The clock starts on the day that the slip or fall occurred. This is why it is important for you to seek expert advice as soon as possible.

The Lee Steinberg Law Firm and 1-800-LEE-FREE have been successfully handling Michigan slip and fall personal injury cases for over 40 years. We have a team of experienced Michigan slip and fall lawyers dedicated to helping injured individuals get the compensation they deserve.

The Michigan Leash Law had been around in various forms for close to 100 years. Under MCL 287.262, no dog owner shall allow his or her dog to stray unless held properly on a leash. In practice, this applies to dogs that are not on the owner’s property. The Michigan Leash Law is another way to prove negligence on the part of a dog owner for a dog bite or dog attack.

Unfortunately, dog training experts agree that nearly all dogs are capable of biting, even the good, trained ones. There are several reasons a dog may bite, including excitement, fear, and even dominance. Dog owners do have the responsibility to keep their dogs under control though. The principal defendant in most Michigan dog bite and dog attack cases is the dog owner.

The Michigan dog bite law says if a dog bites a person, the dog owner is liable for all medical bills and injuries from the dog bite attack. The dog bite statute, MCL 287.351, is a strict liability statute. This means the injured person does not even have to prove negligence to get a recovery. The injured person is entitled to monetary compensation so long as the attack was not provoked and there was no trespassing.

Generally speaking, all medical malpractice cases must prove three things in order to result in an award of compensation:

• There is a doctor-patient relationship between the plaintiff and the health care professional.
• There was a deviation by the health care professional from the acceptable standard of proper medical care
• The mistake led to serious physical injuries or death to the patient.There is sufficient evidence that proves the medical professional caused the damage.

Your medical malpractice lawyer will help you gather the evidence you need to prove your case. This may include paperwork that shows your medical history, your medical bills, photographs of your injuries, interviews, and more.

The Michigan Wrongful Death Act allows the personal representative of the estate of a deceased person to bring an action in court if the death of the person was caused by the wrongful act or negligence of another. The personal representative is often a family member or close friend of the deceased person, and this representative must be approved by the probate court where the deceased lived or held the property before a wrongful death action can be filed in court. The family members who can be named personal representatives and file a wrongful death lawsuit are limited to the following:

• Spouse
• Parents
• Children
• Grandparents
• Siblings
• Children of the deceased’s spouse
• Anyone in the will who was left property (non-family members included)

If the deceased had none of these relatives living or if he did not have a will, it then opens up to those who could inherit the estate, such as aunts, uncles, and cousins.

The personal representative must then notify family members about the claim in writing within 30 days of filing. Family members then have 60 days after learning about the claim to notify the personal representative of damages they’ve suffered from the accidental death. After this cutoff, they can no longer seek personal recompense.

For over 40 years, The Lee Steinberg Law Firm. has helped Michigan families win their wrongful death cases and collect the compensation they deserve.

Please call the Lee Steinberg Law Firm wrongful death lawyers at 1-800-LEE-FREE (1-800-533-3733) or fill out the Free Case Evaluation Form so we can answer any questions you may have about Michigan wrongful death cases.