While the majority of statehouses throughout the country have gone dark with lawmakers at home until the first of the year, a handful of states continue to meet. In Michigan, bills that are under consideration would trim bond amounts for truck weight violations and ease gridlock caused by certain fender-benders.
One bill is intended to lessen the potential blow on the pocketbooks of truck owners or drivers for truck weight violations.
Michigan law mandates that for vehicles loaded and driven or moved on highways when overweight the owner or driver must pay a fine based on the weight of the excess load and its distribution. If the person doesn’t immediately pay the fine or post bond in an amount double the fine, the vehicle must be impounded.
The House Transportation Committee has advanced a bill to the full House that would eliminate the requirement to double bond amounts. Instead, bonds posted for overweight vehicles would be for the amount of the fines.
Bill supporters say there is no reason for the bond to be double the amount of the actual fine. They say it places an unreasonable burden on drivers or owners while they contest violations because they never will owe more than the amount of the fine.
Sponsored by Sen. Alan Sanborn, R-Richmond, the bill – SB433 – also establishes standards for truck weighing scales.
If approved on the House floor, the bill would move to Gov. Jennifer Granholm’s desk. The Senate has already approved it by unanimous consent.
Another bill on the move would require moving drivable wrecked vehicles off the road.
Awaiting consideration on the House floor, the measure calls for mandating that drivers – or licensed passengers – remove their vehicles from traffic lanes as long as the vehicles are still drivable and no serious injuries were suffered. Failure to move vehicles would result in $105 fines.
Advocates for the requirement – HB5140 – say that studies have shown that more than 20 percent of wrecks are secondary wrecks that occur because of drivers reacting to an existing accident scene or because of a backup situation.
Source
Monday, December 28, 2009
Tuesday, December 15, 2009
Body identified more than a year after found in Lake Michigan
Years after police suspended a search for her son, Jeanette Scaffidi finally knows what happened after his boat capsized near the Holland pier.
Police on Wednesday identified a body that washed up on a Grand Haven Township beach in July 2008 as Hartland, Wis., resident Michael Scaffidi.
“We thought it was all over, and now it’s not all over. It’s rehashing everything all over again in our minds,” Jeanette Scaffidi said during a telephone interview Wednesday from her home in Wisconsin.
Scaffidi was reported missing July 9, 2005, after a boating crash on Lake Michigan about two miles southwest of Holland State Park.
Four passengers, including Scaffidi, were ejected from the 42-foot Outerlimits GTX power boat. Another boater, 20-year-old John Desousa Jr. of Bristol, R.I., was killed. Two other passengers were rescued.
Body disappeared
Police said at the time that Scaffidi’s body was thrown from the boat. It could not be located despite extensive searches by police, and later, by the victim’s family that hired a private search firm in attempts to find the body.
The boaters were participating in a charity event called Smoke on the Water Poker Run, in which about 100 boats made stops along the lake to collect cards for a poker hand. The event was based in Grand Haven and followed a 141-mile course with stops in South Haven, Holland, Muskegon and White Lake.
More than three years later, on July 15, 2008, a beach walker discovered human remains washed up along a Lake Michigan beach in Grand Haven Township, about 15 miles north of the accident scene. Police sent samples of the remains to a forensic laboratory at the University of North Texas at Ft. Worth, where the body was identified as Michael Scaffidi.
Police said the identification process required extensive DNA analysis, which included taking DNA samples from Michael Scaffidi’s identical twin brother, Mark.
The process of culturing and growing samples based on decomposing remains and DNA taken from a sibling can take several months.
After discovering the remains in July 2008, the sheriff’s office forwarded the findings to the Texas lab within a month, Lt. Mark Bennett said. Then, they waited for the lab to confirm a match.
“I don’t think it’s terribly unusual, time-frame wise,” Bennett said. “And these remains were in the lake for almost exactly three years.”
Jeanette Scaffidi said she learned late last week that the remains were her son’s.
Source
Police on Wednesday identified a body that washed up on a Grand Haven Township beach in July 2008 as Hartland, Wis., resident Michael Scaffidi.
“We thought it was all over, and now it’s not all over. It’s rehashing everything all over again in our minds,” Jeanette Scaffidi said during a telephone interview Wednesday from her home in Wisconsin.
Scaffidi was reported missing July 9, 2005, after a boating crash on Lake Michigan about two miles southwest of Holland State Park.
Four passengers, including Scaffidi, were ejected from the 42-foot Outerlimits GTX power boat. Another boater, 20-year-old John Desousa Jr. of Bristol, R.I., was killed. Two other passengers were rescued.
Body disappeared
Police said at the time that Scaffidi’s body was thrown from the boat. It could not be located despite extensive searches by police, and later, by the victim’s family that hired a private search firm in attempts to find the body.
The boaters were participating in a charity event called Smoke on the Water Poker Run, in which about 100 boats made stops along the lake to collect cards for a poker hand. The event was based in Grand Haven and followed a 141-mile course with stops in South Haven, Holland, Muskegon and White Lake.
More than three years later, on July 15, 2008, a beach walker discovered human remains washed up along a Lake Michigan beach in Grand Haven Township, about 15 miles north of the accident scene. Police sent samples of the remains to a forensic laboratory at the University of North Texas at Ft. Worth, where the body was identified as Michael Scaffidi.
Police said the identification process required extensive DNA analysis, which included taking DNA samples from Michael Scaffidi’s identical twin brother, Mark.
The process of culturing and growing samples based on decomposing remains and DNA taken from a sibling can take several months.
After discovering the remains in July 2008, the sheriff’s office forwarded the findings to the Texas lab within a month, Lt. Mark Bennett said. Then, they waited for the lab to confirm a match.
“I don’t think it’s terribly unusual, time-frame wise,” Bennett said. “And these remains were in the lake for almost exactly three years.”
Jeanette Scaffidi said she learned late last week that the remains were her son’s.
Source
Saturday, November 28, 2009
Police say Constantine man drowned in watercraft accident
CONSTANTINE -- Results of a preliminary autopsy show that a Constantine man whose body was found in the St. Joseph River early Monday died from drowning, police said.
Larry Sweet was a passenger on a personal watercraft that ran out of gas and overturned in the river near Winding River Road, according to Michigan State Police.
Neither Sweet nor the driver of the craft, whom police have not identified, were wearing life jackets at the time, investigators said.
Motorcyclist hurt in crash
on South Sprinkle Road
BRADY TOWNSHIP -- A Vicksburg man was injured Monday when he was thrown from his motorcycle during a crash on South Sprinkle Road, police said.
Robert VanderKamp, 52, was riding south at about 9 p.m. in the 12600 block of Sprinkle Road and preparing to turn into his driveway when his motorcycle was struck in the rear by a car driven by Alex Peterson, 17, of Vicksburg, according to the Kalamazoo County Sheriff's Office.
VanderKamp suffered minor injuries in the crash and was taken to Bronson Methodist Hospital in Kalamazoo, where he was treated and released, a sheriff's office news release said.
Police said Peterson was cited at the scene of the crash for failing to stop within an assured clear distance.
Truck driver arrested
Source
Larry Sweet was a passenger on a personal watercraft that ran out of gas and overturned in the river near Winding River Road, according to Michigan State Police.
Neither Sweet nor the driver of the craft, whom police have not identified, were wearing life jackets at the time, investigators said.
Motorcyclist hurt in crash
on South Sprinkle Road
BRADY TOWNSHIP -- A Vicksburg man was injured Monday when he was thrown from his motorcycle during a crash on South Sprinkle Road, police said.
Robert VanderKamp, 52, was riding south at about 9 p.m. in the 12600 block of Sprinkle Road and preparing to turn into his driveway when his motorcycle was struck in the rear by a car driven by Alex Peterson, 17, of Vicksburg, according to the Kalamazoo County Sheriff's Office.
VanderKamp suffered minor injuries in the crash and was taken to Bronson Methodist Hospital in Kalamazoo, where he was treated and released, a sheriff's office news release said.
Police said Peterson was cited at the scene of the crash for failing to stop within an assured clear distance.
Truck driver arrested
Source
Sunday, November 15, 2009
Michigan man dies in crash on I-80 in Nevada
ELKO, Nev.—The Nevada Highway Patrol says a Michigan man was killed and another was seriously injured when their car hit a construction zone barrel and overturned on Interstate 80.
Officers say 26-year-old Raman Agrawal of Okemos was taken to a hospital in Salt Lake City where he died.
The driver, 22-year-old Joshua Peters of East Lansing, suffered serious injuries in the Saturday afternoon crash.
Investigators say neither man was wearing a seat belt and both were ejected.
Authorities say speed may have contributed to the accident.
Source
Officers say 26-year-old Raman Agrawal of Okemos was taken to a hospital in Salt Lake City where he died.
The driver, 22-year-old Joshua Peters of East Lansing, suffered serious injuries in the Saturday afternoon crash.
Investigators say neither man was wearing a seat belt and both were ejected.
Authorities say speed may have contributed to the accident.
Source
Wednesday, October 28, 2009
Howell man injured in crash
A 21-year-old Howell man was in critical condition in a local hospital Monday after his car collided with another vehicle, spun off the road and hit the side of a day care in Genoa Township.
Adults and children were inside the School Bell Teaching and Leaning Center on Grand River Avenue at 11:30 a.m. when the crash occurred, but nobody was hurt, Michigan State Police said.
"We didn't know anything had happened,'' said Linda Church, a teaching assistant.
The 2006 Chevrolet Malibu spun across the street, over a plastic fence and struck the building near an entryway, but did not penetrate the exterior wall.
The driver suffered serious injuries and was taken by Survival Flight to the University of Michigan Hospital, State Police said.
A preliminary State Police investigation showed the man did not see an oncoming vehicle as he tried to turn left from Pless Drive onto the eastbound side of Grand River Avenue. Before he could complete the turn, his car was struck by a 2002 GMC Envoy traveling west on the inside lane of Grand River Avenue. A third car, which was not hit, was turning right from Grand River Avenue onto Pless Drive at the time.
The driver of the Envoy, a 44-year-old Howell man, was taken by Livingston County EMS to the U-M Hospital. He was listed in good condition on Monday afternoon, police said.
The crash is still being investigated.
Source
Adults and children were inside the School Bell Teaching and Leaning Center on Grand River Avenue at 11:30 a.m. when the crash occurred, but nobody was hurt, Michigan State Police said.
"We didn't know anything had happened,'' said Linda Church, a teaching assistant.
The 2006 Chevrolet Malibu spun across the street, over a plastic fence and struck the building near an entryway, but did not penetrate the exterior wall.
The driver suffered serious injuries and was taken by Survival Flight to the University of Michigan Hospital, State Police said.
A preliminary State Police investigation showed the man did not see an oncoming vehicle as he tried to turn left from Pless Drive onto the eastbound side of Grand River Avenue. Before he could complete the turn, his car was struck by a 2002 GMC Envoy traveling west on the inside lane of Grand River Avenue. A third car, which was not hit, was turning right from Grand River Avenue onto Pless Drive at the time.
The driver of the Envoy, a 44-year-old Howell man, was taken by Livingston County EMS to the U-M Hospital. He was listed in good condition on Monday afternoon, police said.
The crash is still being investigated.
Source
Thursday, October 15, 2009
County Prosecutor In Car Accident
The Shiawassee County prosecutor is recovering after a car accident - and the sheriff's department says alcohol was involved.
A local prosecutor is under investigation by his own sheriff's department.
It's a story 6 News broke Wednesday.
Shiawassee County Prosecutor Randy Colbry ended up in the hospital Tuesday.
That's after a car accident on M-21 in Venice Township.
Officials say alcohol was a factor in the crash.
Reporter Stephanie Kolp: "Do we know when he'll be back?"
County Administrator Margaret McAvoy: "I don't not know that?"
Kolp: "Do you know who caused it?"
Sheriff George Braidwood: "That's still under investigation."
Kolp: "Was he on vacation at the time, yesterday?"
McAvoy: "I do not know."
Lots of questions, very few answers.
Shiawassee County Prosecutor Randy Colbry got into a two car accident Tuesday.
Alcohol was a factor in the crash, but officials won't say which driver was under the influence.
The accident happened at the intersection of M-21 and Vernon Road. We talked to people who say they saw the whole accident.
They say one car hit another and then sped off down Vernon Road. The witnesses say it didn't take long for police to catch up with that car. The driver was pulled over just about a mile from here.
Whether that driver was Colbry no one will say.
Officials also won't confirm if the accident was a hit and run, saying it's still under investigation.
Sheriff Braidwood: "This investigation is not be conducted in any other way than any other incident of this nature would be."
Except reports from incidents like these usually go to the prosecutor's office, but the county administrator says that won't happen this time.
McAvoy: "It will be forwarded to the attorney general's office and any further determinations will come from the attorney general's office or any further inquiries should be referred there."
And hopefully the attorney general will answer some questions about what exactly happened here.
The prosecutor's office referred all calls to the county administrator.
Colbry did not respond to phone calls at home numbers listed for him.
Source
A local prosecutor is under investigation by his own sheriff's department.
It's a story 6 News broke Wednesday.
Shiawassee County Prosecutor Randy Colbry ended up in the hospital Tuesday.
That's after a car accident on M-21 in Venice Township.
Officials say alcohol was a factor in the crash.
Reporter Stephanie Kolp: "Do we know when he'll be back?"
County Administrator Margaret McAvoy: "I don't not know that?"
Kolp: "Do you know who caused it?"
Sheriff George Braidwood: "That's still under investigation."
Kolp: "Was he on vacation at the time, yesterday?"
McAvoy: "I do not know."
Lots of questions, very few answers.
Shiawassee County Prosecutor Randy Colbry got into a two car accident Tuesday.
Alcohol was a factor in the crash, but officials won't say which driver was under the influence.
The accident happened at the intersection of M-21 and Vernon Road. We talked to people who say they saw the whole accident.
They say one car hit another and then sped off down Vernon Road. The witnesses say it didn't take long for police to catch up with that car. The driver was pulled over just about a mile from here.
Whether that driver was Colbry no one will say.
Officials also won't confirm if the accident was a hit and run, saying it's still under investigation.
Sheriff Braidwood: "This investigation is not be conducted in any other way than any other incident of this nature would be."
Except reports from incidents like these usually go to the prosecutor's office, but the county administrator says that won't happen this time.
McAvoy: "It will be forwarded to the attorney general's office and any further determinations will come from the attorney general's office or any further inquiries should be referred there."
And hopefully the attorney general will answer some questions about what exactly happened here.
The prosecutor's office referred all calls to the county administrator.
Colbry did not respond to phone calls at home numbers listed for him.
Source
Monday, September 28, 2009
Crack down on drivers with suspended licenses
Holland, MI —
Sadly, the case of Curtis Jacobs is far from uncommon. The 19-year-old Jacobs, who was riding his bicycle Saturday morning when he was struck by a car at U.S. 31 and Quincy Street, joins a long list of innocent Holland area residents killed by drunken drivers. In addition, Jacobs is at least the sixth local resident killed in the last 10 years by individuals driving with a suspended or revoked license.
Rob Welling. Jennifer Chrispell. Anthony Walker. Damon Brandon. Laurie Lamar. And now Curtis Jacobs. All were killed in collisions caused by people who were not only driving irresponsibly, but weren’t even supposed to be allowed on the road in the first place. Several national studies have pointed to the disproportionate number — and severity — of traffic accidents involving drivers with suspended licenses. All these factors lead us to ask what can be done to make license suspensions effective and keep dangerous drivers off the road.
Cracking down on individuals who drive with suspended licenses is not an easy task. Driving with a suspended license is not an offense like speeding or running a red light that can be readily observed by a police officer. It’s a crime of conscience, one that relies on the cooperation of the suspended driver to enforce. But the incentive to break the law can be high — suspended drivers may believe they have no alternative to get to work or that the chance of being caught is low.
The penalties for causing an accident while driving with a suspended license can be stiff. The charge of causing death while driving with a suspended license carries a maximum 15-year prison term; an injury crash can land the offender up to five years in prison. That’s a meaningful after-the-fact punishment, but not an effective deterrent. Simply driving with a suspended license is a misdemeanor in Michigan, even for as many as five offenses in seven years; a first offense carries a maximum jail term of 93 days, and only after a third offense can an offender’s vehicle be “immobilized” for a period of time.
Given the fact that licenses are usually suspended for drunken driving or a history of reckless behavior behind the wheel, we believe a harder line must be taken on suspended licenses. Any person caught driving with a suspended license should have his or her vehicle confiscated, permanently. Confiscation should be the penalty even if the vehicle belongs to a friend or relative, as long as that person willingly let the suspended driver use it. Drivers who insist upon flouting the law even after their own cars are taken away should be incarcerated for an extended period of time. We either lock up the car or we lock up the driver.
We can see making exceptions for individuals whose licenses are suspended for non-driving offenses, such as failure to carry insurance, but most suspended drivers have proven that they are a danger on the road. A license suspension or revocation must be a real sanction, not a suggestion that a driver may or may not follow. Increasing the penalties for driving with a suspended license will not eliminate tragedies like the death of Curtis Jacobs. However, we hope it will make them less common.
Source
Sadly, the case of Curtis Jacobs is far from uncommon. The 19-year-old Jacobs, who was riding his bicycle Saturday morning when he was struck by a car at U.S. 31 and Quincy Street, joins a long list of innocent Holland area residents killed by drunken drivers. In addition, Jacobs is at least the sixth local resident killed in the last 10 years by individuals driving with a suspended or revoked license.
Rob Welling. Jennifer Chrispell. Anthony Walker. Damon Brandon. Laurie Lamar. And now Curtis Jacobs. All were killed in collisions caused by people who were not only driving irresponsibly, but weren’t even supposed to be allowed on the road in the first place. Several national studies have pointed to the disproportionate number — and severity — of traffic accidents involving drivers with suspended licenses. All these factors lead us to ask what can be done to make license suspensions effective and keep dangerous drivers off the road.
Cracking down on individuals who drive with suspended licenses is not an easy task. Driving with a suspended license is not an offense like speeding or running a red light that can be readily observed by a police officer. It’s a crime of conscience, one that relies on the cooperation of the suspended driver to enforce. But the incentive to break the law can be high — suspended drivers may believe they have no alternative to get to work or that the chance of being caught is low.
The penalties for causing an accident while driving with a suspended license can be stiff. The charge of causing death while driving with a suspended license carries a maximum 15-year prison term; an injury crash can land the offender up to five years in prison. That’s a meaningful after-the-fact punishment, but not an effective deterrent. Simply driving with a suspended license is a misdemeanor in Michigan, even for as many as five offenses in seven years; a first offense carries a maximum jail term of 93 days, and only after a third offense can an offender’s vehicle be “immobilized” for a period of time.
Given the fact that licenses are usually suspended for drunken driving or a history of reckless behavior behind the wheel, we believe a harder line must be taken on suspended licenses. Any person caught driving with a suspended license should have his or her vehicle confiscated, permanently. Confiscation should be the penalty even if the vehicle belongs to a friend or relative, as long as that person willingly let the suspended driver use it. Drivers who insist upon flouting the law even after their own cars are taken away should be incarcerated for an extended period of time. We either lock up the car or we lock up the driver.
We can see making exceptions for individuals whose licenses are suspended for non-driving offenses, such as failure to carry insurance, but most suspended drivers have proven that they are a danger on the road. A license suspension or revocation must be a real sanction, not a suggestion that a driver may or may not follow. Increasing the penalties for driving with a suspended license will not eliminate tragedies like the death of Curtis Jacobs. However, we hope it will make them less common.
Source
Tuesday, September 15, 2009
Davison's Frank Lamp headed to Michigan Motorsports Hall of Fame
FLINT, Michigan — Frank Lamp lost both of his jobs and a close friend in one trip to the racetrack.
The Davison resident installed insulation and hauled two ARCA race cars for George Sparks of Detroit in the early 1950s.
During an ARCA event in Dayton, Ohio, Sparks was killed in an accident in the track's pit area.
"It was very devastating, the loss of him," Lamp, 74, recalled. "George was a very nice man."
As a result of the accident, Lamp moved from Detroit to Davison and started up his own company, State Building Company, in 1955.
Reviving his racing career was not a high priority, but eventually he decided to build his own car.
Lamp competed for 27 years in the super stocks class at Auto City Speedway, Dixie Motor Speedway and Owosso Speedway, winning almost every big race those tracks had.
Because of his accomplishments, Lamp is being inducted into the Michigan Motorsports Hall of Fame. The induction ceremony is Nov. 1 at the Comfort Inn in Mount Pleasant.
"It's quite an honor," Lamp said of the hall of fame. "I didn't ever think I would get something like that."
The West Virginia native started racing at Auto City in 1964 and instantly became one the speedway's premier drivers.
He finished in fifth place the following year before moving up to the super stocks where he finished in top three spots from 1966-69.
"He was one of those guys you had to worry about beating when you came to Auto City," former Auto City owner Jack Doering said. "He wasn't afraid of anything, He put the pedal to the medal and drove through the corners wide open."
He competed in the ARCA series from 1974-76, racing at such high-profile tracks as Daytona International Speedway in Daytona, Fla., and Rockingham Speedway in Rockingham, N.C.
"There were a lot of hot shooters in the ARCA series," Lamp said. "If there was a NASCAR show, (NASCAR drivers) would race the ARCA shows as well. I was a factor most of the time."
Lamp returned to Auto City in the late 1970s and captured back-to-back track championships in the super stocks in 1977 and '78.
According to Lamp, his victories and accomplishments at Flint-area tracks always meant the most to him.
"Each and every one was great because they were in my backyard," Lamp said. "Everyone knew who I was. It was home."
Source
The Davison resident installed insulation and hauled two ARCA race cars for George Sparks of Detroit in the early 1950s.
During an ARCA event in Dayton, Ohio, Sparks was killed in an accident in the track's pit area.
"It was very devastating, the loss of him," Lamp, 74, recalled. "George was a very nice man."
As a result of the accident, Lamp moved from Detroit to Davison and started up his own company, State Building Company, in 1955.
Reviving his racing career was not a high priority, but eventually he decided to build his own car.
Lamp competed for 27 years in the super stocks class at Auto City Speedway, Dixie Motor Speedway and Owosso Speedway, winning almost every big race those tracks had.
Because of his accomplishments, Lamp is being inducted into the Michigan Motorsports Hall of Fame. The induction ceremony is Nov. 1 at the Comfort Inn in Mount Pleasant.
"It's quite an honor," Lamp said of the hall of fame. "I didn't ever think I would get something like that."
The West Virginia native started racing at Auto City in 1964 and instantly became one the speedway's premier drivers.
He finished in fifth place the following year before moving up to the super stocks where he finished in top three spots from 1966-69.
"He was one of those guys you had to worry about beating when you came to Auto City," former Auto City owner Jack Doering said. "He wasn't afraid of anything, He put the pedal to the medal and drove through the corners wide open."
He competed in the ARCA series from 1974-76, racing at such high-profile tracks as Daytona International Speedway in Daytona, Fla., and Rockingham Speedway in Rockingham, N.C.
"There were a lot of hot shooters in the ARCA series," Lamp said. "If there was a NASCAR show, (NASCAR drivers) would race the ARCA shows as well. I was a factor most of the time."
Lamp returned to Auto City in the late 1970s and captured back-to-back track championships in the super stocks in 1977 and '78.
According to Lamp, his victories and accomplishments at Flint-area tracks always meant the most to him.
"Each and every one was great because they were in my backyard," Lamp said. "Everyone knew who I was. It was home."
Source
Monday, August 17, 2009
Michigan No-Fault Wage Loss Rules Revised
If you have been injured in a car accident or truck accident in Michigan and need to know how much money you will be entitled to for wage loss, the no-fault lawyers of Michigan Auto Law can help. Michigan wage loss is a no-fault insurance benefit (also called personal injury protection or PIP benefit) that auto accident victims are entitled to after a crash, which compensates you for wages lost due to your personal injuries.
The previous maximum for lost wages was $4,713 per month. As of October 1, 2009, the new statutory maximum for Michigan wage loss is $4,948 per month. In other words, if you are out of work due to debilitating injuries from a Michigan car accident, you are entitled to at most, $4,948 each month.
Based on the no-fault wage loss formula, which is 85 percent of one’s gross income tax-free, the maximum amount for wage loss equates to an estimated annual income of $70,000. So if you earn less than $70,000 per year, your income should be fully covered by no-fault wage loss benefits in the event of an auto accident.
Keep in mind that excess wage loss, which is an economic loss, is subject to pure-comparative negligence. This means you can recover your wage loss on a pro-rata basis, depending on the percentage of liability between the parties. For example, if you were 75 percent at-fault for the crash and the other party was 25 percent at-fault, you could recover up to 25 percent of your excess wage loss from the wrongdoer’s insurance policy.
If both parties were 50 percent at-fault, you can recover up to 50 percent of your excess wage loss. Obviously, if you are 100 percent responsible for the car or truck accident, there would be no recovery for excess wage loss.
Source
The previous maximum for lost wages was $4,713 per month. As of October 1, 2009, the new statutory maximum for Michigan wage loss is $4,948 per month. In other words, if you are out of work due to debilitating injuries from a Michigan car accident, you are entitled to at most, $4,948 each month.
Based on the no-fault wage loss formula, which is 85 percent of one’s gross income tax-free, the maximum amount for wage loss equates to an estimated annual income of $70,000. So if you earn less than $70,000 per year, your income should be fully covered by no-fault wage loss benefits in the event of an auto accident.
If a Michigan Auto Accident Victim Earns More Than $70,000 Per Year…
If you earn more than $70,000 per year, anything you are owed over the statutory maximum is considered “excess wage loss” and is recoverable from the auto insurance policy of the person who caused the car accident.Keep in mind that excess wage loss, which is an economic loss, is subject to pure-comparative negligence. This means you can recover your wage loss on a pro-rata basis, depending on the percentage of liability between the parties. For example, if you were 75 percent at-fault for the crash and the other party was 25 percent at-fault, you could recover up to 25 percent of your excess wage loss from the wrongdoer’s insurance policy.
If both parties were 50 percent at-fault, you can recover up to 50 percent of your excess wage loss. Obviously, if you are 100 percent responsible for the car or truck accident, there would be no recovery for excess wage loss.
Source
Monday, August 3, 2009
Your Rights Under Michigan No Fault Law
If you have been in an auto accident in Michigan, you may be wondering what effect Michigan's no fault insurance law has on your rights.
The purpose of this article is to provide an overview of your rights and remedies under Michigan no fault law. If you speak to a lawyer or insurance agent about your car accident claim, you may hear about your "first party" and "third party" claims. This confusing language is short-hand for whether you are making a claim for medical benefits with your own insurance company ("first party"), or if you are making a claim for pain and suffering resulting from your injuries against the driver of another car ("third party").
In seeking assistance after a car accident, it is very helpful to consult with a lawyer who is familiar with Michigan's auto accident laws. Insurance companies for people who cause accidents will attempt to avoid paying damages, and may offer inadequate settlement offers to unrepresented persons - if they make an offer at all. Your own insurance company is unlikely to fully inform you of the benefits you are entitled to receive under Michigan No Fault law, and many insurance companies have been known to deny or cut off benefits to people who are legally entitled to receive them. An experienced lawyer can help you protect your rights.
Friday, July 3, 2009
84-year-old man killed in Eaton Rapids accident
EATON RAPIDS - Eaton Rapids Police officials are investigating a single-car accident that killed an 84-year-old man and injured a 12-year-old boy.
According to Eaton Rapids Police Chief Paul Malewski, the accident occurred at about 2:10 p.m. Tuesday when the man was driving south on South Main Street and lost control of his Chevrolet Impala and went airborne, striking several trees.
He was transported to Eaton Rapids Medical Center, where he was pronounced dead, and the 12-year-old, believed to be his grandson, was taken to Sparrow Hospital.
The boy's condition was unknown Tuesday evening, but according to Malewski, his injuries are "non-life threatening, but serious."
Police are looking into whether a medical condition caused the crash.
Starting at 7 a.m., M-36 between Diamond and Every roads, between Dansville and Mason, will be closed until about 5 p.m. A detour will be posted when the road is closed, using Dexter Trail and Meridian Road.
Source
According to Eaton Rapids Police Chief Paul Malewski, the accident occurred at about 2:10 p.m. Tuesday when the man was driving south on South Main Street and lost control of his Chevrolet Impala and went airborne, striking several trees.
He was transported to Eaton Rapids Medical Center, where he was pronounced dead, and the 12-year-old, believed to be his grandson, was taken to Sparrow Hospital.
The boy's condition was unknown Tuesday evening, but according to Malewski, his injuries are "non-life threatening, but serious."
Police are looking into whether a medical condition caused the crash.
Part of M-36 to close Saturday for work
On Saturday, a portion of M-36 in Ingham County will be completely closed for culvert replacement.Starting at 7 a.m., M-36 between Diamond and Every roads, between Dansville and Mason, will be closed until about 5 p.m. A detour will be posted when the road is closed, using Dexter Trail and Meridian Road.
2 injured in accident involving bus, vehicle
MERIDIAN TWP. - Two people were transported to area hospitals with injuries that were not life-threatening following an accident on Tuesday morning involving a Capital Area Transportation Authority bus carrying 13 passengers and a passenger vehicle at Grand River Avenue and Park Lake Road. No further details were released by the Meridian Township Police Department.Source
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