Whether you were a passenger in an Uber or Lyft vehicle — or driving in your own vehicle leading up to a crash caused by a rideshare driver in Michigan — there are several steps you must take regardless of what type of car accident you are involved in. Most important, you must ensure your injury does not require immediate medical attention.

The following are the important steps you must take after an Uber or Lyft accident:

1. CONTACT THE POLICE

• You need to report the collision to law enforcement officials. When the police arrive at the scene of the accident, they can file a police report, which can be used as evidence for your accident claim or personal injury lawsuit.

2. DOCUMENT THE SCENE

• Using your smartphone, take pictures or record videos of the crash scene. Capture as many photos or videos as you can of all vehicles involved, and from multiple angles. Also, capture a panoramic shot of the entire scene. All of these are considered important pieces of evidence to insurers and the courts.

3. EXCHANGE INFORMATION

• Obtain the other driver’s contact and insurance information. If you are involved in a multi-vehicle accident, you must exchange information with every driver involved.

4. REPORT THE ACCIDENT TO THE RIDESHARE COMPANY

• One step that differs from other types of crashes is reporting the incident to Uber or Lyft. Once you reach out to their agents, provide an accident report so that they can start the claims process on their end.

5. CALL YOUR INSURANCE AGENT

• Contact your insurer and inform them you were involved in a collision, but only provide basic information about the crash.

Keep in mind, that all drivers must have PIP insurance under Michigan law, which means drivers generally would have to file a claim with their insurance carrier following an accident. However, if a passenger is involved in an Uber or Lyft accident — and suffers an injury — recovering compensation from a PIP claim could be more difficult. Passengers generally can file a claim against the driver’s insurance.

Our legal team has more than 50 years of experience handling personal injury claims throughout Southeast Michigan.

If you have been injured in a rideshare accident in the Detroit metropolitan area, call Turner & Turner PC at (248) 355-1727 to schedule a free consultation and discuss your options.

However, when it comes to your insurer, you may have a duty under your policy to notify them of the crash, and provide certain information to help them prepare for a potential claim. Although you may need to communicate with your insurance company, be careful of what information you provide

Your Insurer is Not Your Advocate

When it comes to claims involving injuries, insurance companies do not advocate for — or serve — their policy holders … in this case, you. Their goal is to limit the company’s liability and compensation they pay on a claim.

To accomplish that goal, insurers leverage their conversations with you, and other parties, to find any basis to deny or limit your monetary compensation. Anything you say to your insurance representative via phone, email, or message is information they can use against you.

Do Not Apologize for Anything

It is often people’s nature to become apologetic in stressful situations. Refrain from saying “sorry” or apologizing to the insurance representative regarding information about who was at fault in the crash. The insurer can use this as your admission of guilt for the accident.

Do Not Tell Them What You Think Occurred

Another common mistake many accident victims make (when speaking to insurers) is wanting to hypothesize and go over how they believe the accident happened. Although you may feel that your version of the events clearly shows the other parties’ fault, remember other witnesses or facts may paint a different picture.

An experienced insurer may take speculative statements you offer — trying to be helpful — and use that to flip the blame onto you for the accident, or your injuries. Do not respond to the insurer’s questioning, and refuse a recording of your conversation unless you have the advice of legal counsel.

Do NOT Say You Are “Feeling Fine” or “Doing OK”

The insurer will ask how you feel or how you are doing in an initial conversation with you, post-crash. These are not mere pleasantries or small talk, but gauge the seriousness of your car accident injuries. (And try gaining insight into the consequences of the accident and your recovery.)

Do not make any statements about your physical, mental, or emotional state to the insurance company until you are certain what your condition and treatment needs are. Usually this will be long after the crash.

NEVER Admit the Accident Was Your Fault

Motor vehicle accidents are often highly emotional and traumatic experiences. There may be severe injuries, destruction of vehicles and property, or fatalities. People may feel guilty about the events and question what they did wrong. While you may think you were at fault, an investigation might reveal that other forces at play caused the accident.

You should be hesitant to admit fault — unless and until it is clear there were no other contributing factors. If evidence ultimately shows you are not to blame, you cannot easily undo your previous admissions to an insurance representative.

It is the insurer’s responsibility, or another party claiming you are at fault, to look at the evidence available and determine fault after a crash. Of course, do not be dishonest with your insurer if, indeed, a crash was your fault.

Do Not Divulge Details on Your Injuries or Recovery

The insurance company will ask about your injuries and diagnosis, especially in cases where you went to the emergency room after the accident. If they pressure you to answer, reply that you are still receiving treatment and are currently unable to provide additional information.

While you may think that explaining the extent of your injuries helps your case, you may inadvertently cause complications and delays, or give information that limits the value of your claim before all the information is available.

Do Not Give Them Any Information Beyond the Basics

It’s difficult to navigate a conversation with your insurer without falling into their attempt to gather additional information about your case. Stick to the facts, what you know, and the accident’s basic information.

If you find your conversation veering off into uncertain topics, redirect the conversation however you can to the facts. The only information your insurer truly needs is the date of the accident, your name, and your contact information.

Refer the Insurer to Your Attorney; If You Don’t Have One, Hire One

Once you undergo medical treatment for injuries after a crash, your priority is hiring a lawyer. Insurance companies are persistent and may contact you before you can meet with and hire an attorney.

Notify the insurer that you are in the process of obtaining a lawyer to represent you. This statement may lead the insurer to limit questions and give you time to complete your search for the right attorney.

Contact Turner Law if you have been in a motor vehicle accident where you or other parties have suffered injuries. Do not travel this road alone. It could be very costly. Call Turner & Turner today at (248) 355-1727 for your free consultation.

How Many Cyclists Suffer Injuries Occur Each Year?

NHTSA reported 49,000 injuries from traffic-related cycling accidents in 2021, representing a 5.4 percent increase from 2020. In the aggregate, it represents about two percent of all preventable traffic injuries in the U.S.; bicyclists make up less than one percent of all traffic participants.

What Accounts for The Upward Trend in Bike Accidents?

While fatalities have dropped over the last two years –most experts attribute the decline to decreased traffic during the height of the COVID-19 pandemic – injuries and bike accident reports have risen steadily over the last decade. Many factors have possibly contributed to the increase, including:

• Cycling continues to grow in popularity (meaning more inexperienced cyclists are on the roads).
• Drivers are not looking out for cyclists and do not share the road properly.
• Municipalities have been slow to recognize the threat bicyclists face, meaning safety measures like dedicated bicycle lanes have not been installed at the same pace as the number of bicyclists.

Of course, there are steps bicyclists should take to reduce their risk of being seriously hurt in accidents, including wearing helmets, following the rules of the road, and avoiding high-risk areas.

What are the Most Common Causes of Bicycle Accidents?

1. Drivers Not Paying Attention to Cyclists; NHTSA data shows that 30 percent of all bicyclist injuries result from cars striking them, and driver distraction is the most common reason.
2. Dangerous Road Conditions; roadways are not always safe for bicyclists and the responsibility falls on local municipalities to maintain dedicated bike lanes. However, NHTSA reports 13 percent of all cycling accidents resulting in injuries are due to unsafe road conditions, often due to the negligence of public entities responsible for maintaining the streets.
3. Drivers Fail to Consider Bicycles as Vehicles; motor vehicle operators must afford bicycles the same space and right-of-way as they do cars and trucks. More than 20 states have passed a “three-foot rule,” which requires drivers to allow at least three feet of space between their vehicle and a bicycle on the road.
4. Alcohol; More than one-third of fatal bicycle crashes involved alcohol in the system of either the driver or cyclist. Intoxicated driving rose during the pandemic, increasing the chances drunk drivers either failed or were indifferent to cyclists, causing severe injuries or death.

What You Should Do After a Bicycle Accident?

If you are a cyclist involved in an accident, attend first and foremost to your health. Get checked out by a doctor immediately and actively participate in any treatments your doctor recommends. In addition, make sure to attend all follow-up appointments and keep any records you receive.

As soon as you can, create a detailed statement of your experience in the accident while the details are still fresh in your mind. This statement will form a useful reference for any legal counsel you may secure and claim you make. Moving forward, keep a journal detailing your recovery and how your injuries affect you every day.

Do You Need an Attorney?

Seeking counsel after an injury-causing crash is always a smart move if you have been the injured party. Injuries from bicycle accidents are often severe. You may need expensive medical treatment, may lose work, and experience significant income loss as a result of your injuries.

While you’re dealing with potential losses, the other party’s insurance company adjuster will focus on resolving your claim for as little money as possible. If you’ve been injured in a bicycle accident and have questions, call Turner & Turner for a free consultation at (248) 355-1727.

Nobody anticipates being hospitalized, but it happens, and to plan, you need information, which is why Turner Law has made a list of eight things to consider ahead of a hospital visit. Print this list out and keep it posted somewhere accessible if you are unable to retrieve it ahead of hospital admission, someone you trust can easily find it.

Some items may seem obvious, but if you don’t have this basic information you can do very little, and your anxiety may spike. So even if  you think a question is stupid, try to answer the question yourself and, if you can’t do it in one sentence, get a professional to clearly explain the answer to you:

1. Find out your primary doctor’s name and the names of the specialists he or she will consult for your treatment.

2. Write down your diagnosis. Make sure that know the correct spelling of every condition or affected body part.

3. Ask what your prognosis is based on your response to treatment.

4. Get the name of the hospital social worker. He or she will help with insurance payments and billing issues.

5. Ask about complications from medicines you were taking before your hospital stay might have if they interact with medications from your hospitalization. Ask a professional to record these reactions on your discharge instructions.

6. Ask for multiple copies of discharge instructions, or at least a way of obtaining another copy of discharge instructions if you lose them. Make sure you run through all of the instructions with your caretaker (e.g. is there a special way to wrap a bandage) before you leave the hospital in front of nurse staff.

7. Ask about any special equipment that will help with your recovery, and get a recommendation from a nurse about a place to purchase it.

8. Ask a friend or family member to buy a paper calendar so you can record follow-up appointments. Sync up iCalendar or Google Calendar with your new paper calendar so you don’t lose track of any appointments.

If you or a loved one has been involved in an accident that requires a hospital stay, and another party was partially or fully at fault, call Turner & Turner PC today for a free consultation at (248) 355-1727.

At Turner Law, we want our clients to focus on getting better and rebuilding their lives while we handle legal issues and insurance companies. And while no victim is expected to litigate their own case, a few simple steps can go a long way in helping build a strong case.

Here are a few important things to keep in mind that can help your attorney as your personal injury case moves forward:

1. FOLLOW UP WITH YOUR DOCTOR.

Your health and well-being are more important than anything, which is why you should always follow up with your doctor. Keeping consistent with medical care can also have positive effects for your case. Why?

1. Not following up can put your health at risk. Even if you “feel fine” or believe you can tough it out, there may be medical issues you don’t know about that can become emergencies.
2. Not following up with your doctor may provide ammunition to insurance companies that want to argue you were not injured or really hurt in your accident, even if you were.
3. Following up with doctor appointments creates a verifiable record of your injuries, your pain and suffering, and how they affect your life – all important pieces of evidence in your case.

2. LISTEN TO YOUR DOCTOR’S RECOMMENDATIONS AND CONTINUE TREATING.

Just as we advise clients to follow up, we also encourage them to listen to their doctor’s recommendations. There are a few reasons why:

1. Your injuries may not fully heal and you may risk future health problems that do not become apparent until after your personal injury case is resolved.
2. You will not be able to recover compensation for health problems you experience after your case is resolved, even if they are related to your accident (i.e., medical bills, lost income, etc.).
3. Insurance companies may think your injuries have healed or that you are no longer in pain, even if that is not the case, and use that to pay you less.

Medical treatment is important for your health and it can provide evidence about your injuries, pain and suffering, and related losses. Continuing treatment and heeding your doctor’s advice can also limit insurance companies from arguing that because you waited to seek care or stopped treating, you weren’t really injured or seriously hurt, even if you were in pain all along.

This is not just a common tactic used by insurers to limit liability; it is also a lesson about how important documentation and paper trails can be when it comes to supporting your claim.

3. SAVE IMPORTANT RECORDS & DOCUMENTATION.

If you can, collect and preserve as much documentation as possible about your case and keep records in a safe place so you can easily find them.

Important things to save:

• Medical and mental health records related to your injuries.
• A list of doctors and specialists you have seen.
• Letters or e-mails from insurance companies.
• Copies of accident reports or police reports if available.
• Employer notes and documents showing missed work / lost income.
• Photos or videos of an accident scene, property damage, and visible injuries.
• Contact information for all involved parties and witnesses.
• Gathering documentation can be tough for victims who suffer severe injuries or have other important things to address. Our team at Drake Law Firm can help obtain the necessary information needed for your case and ensure it is used appropriately.

4. WRITE DOWN EVERYTHING YOU CAN REMEMBER ABOUT YOUR ACCIDENT.

As soon as possible after your accident, write down everything you can remember about what happened or have someone write it down for you.

Personal injury cases take time to resolve, which can cause us to forget certain details and or have trouble remembering important facts. By writing everything down after your accident, you can record details while they are still fresh and be able to reference them later if needed.

5. DON’T SPEAK TO THE INSURANCE COMPANY.

Insurance companies are not on your side. They represent their own policyholders and their own interests. They employ many tactics to make their case stronger and avoid paying what you deserve. Remember:

1. If the insurance company calls, you can tell them you have a lawyer and give them your attorney’s contact information. You have no obligation to speak with insurance companies.
2. Be wary of settlement offers, especially early in your case when you are still treating and do not yet know the extent of your damages. Insurance companies want to quickly settle claims for less than victims deserve. If you have received an offer, we can help assess whether it is fair.
3. Insurance companies are corporations that put profits over people and they use many tactics to dispute valid claims. This includes getting using your own words against you.

6. DON’T DISCUSS THE DETAILS OF YOUR CASE.

Even good and honest people can find themselves in trouble when their words are misinterpreted or taken out of context. In addition to not speaking with the insurance company, it may be wise to avoid discussing too much about your case with others or posting too much about your case on social media.

It is easy to say something that can be taken out of context and, in some cases, that’s exactly what insurance companies want. To protect your right to compensation, it is best to avoid discussing your case in too much detail.

7. DON’T BE AFRAID TO ASK YOUR ATTORNEY QUESTIONS.

At Turner Law, we want our clients to feel informed about their case and their rights. This is why we tell them to bring any questions they have to our team so we can address them immediately. As a personal injury victim, it’s natural to have questions, so you shouldn’t feel you are inconveniencing your attorney if you do.

If you or someone you love has been injured in a preventable accident, Turner & Turner can explore your options for seeking the financial recovery you deserve. Our award-winning attorneys serve clients across Michigan.

Contact us TODAY to request a FREE case review. Call Turner & Turner at (248) 355-1727.

To learn about requesting an accident report, click here.

To see a sample accident report, click here.

Your accident report might be confusing to read and understand. Most people aren’t familiar with these documents and find it challenging to determine what all of the information means. Below is an outline of what you might find in your accident report so you can decipher every detail correctly.

Basic Information

Most accident reports have a box at the top of the first page with basic details about the accident, such as:

• Date and time of the collision
• Crash report number
• Name of the investigating officer
• Street, road, intersections, city or town, and state the accident happened
• Vehicle Driver Information

Details about every driver involved in the collision are in the next section. If there’s more than one driver, the report should include information for each one. The details in this section might show:

• Driver’s name, address, and phone number
• Name of the vehicle owner
• Vehicle owner’s address and phone number
• Year, color, make, and model of the car
• License plate number and vehicle identification number
• Motorist’s driver’s license number and the state of issuance
• Auto insurance company, policy number, and policyholder’s name
• Vehicle Occupants and Non-Motorists

Anyone else involved in the accident, including bicyclists, pedestrians, and passengers in the cars, will be in this section. The information provided can include:

• Name of the passengers and where they sat in the vehicle
• Name of bicyclists, motorcyclists, pedestrians, and other non-motorists
• Address and phone number of each person
• Accident Details

Another section provides information regarding the accident, such as:

• Events related to the collision, such as an impact with a pedestrian, another vehicle, or a stationary object, such as a wall or telephone pole
• The directions all involved vehicles were traveling when the crash occurred
• Road conditions
• Weather conditions
• Point of the impact, such as side, front, or rear
• Actions taken by pedestrians involved in the collision
• Whether the crash happened during the day or at night and the light conditions
• Defects each vehicle contains, such as malfunctioning brakes, worn-out tires, or broken tail lights
• Traffic citations issued for the accident
• Cause of the crash
• Additional Information

You might find additional details associated with the accident in other sections of the police report. Common information includes:

• Whether an ambulance arrived at the accident scene and transported anyone to the hospital
• Name of the EMS and hospital
• Type of damage and location on the vehicles
• Road debris, skid marks, and other details about the collision
• Injuries sustained in the crash
• The estimated cost of damage to each car involved

Diagram and Narrative

Most accident reports include a section the officer can use to describe how the accident happened. The information can consist of the events leading up to the crash, such as each driver’s actions and who the officer believes is at fault.

Typically, law enforcement can determine the cause of the crash by speaking to witnesses and the drivers, passengers, and non-motorists involved in the collision. They can reconstruct the accident using a diagram to show each motorist’s direction of travel and other movements made before and after the crash.

Why You Need an Accident Report

Most people are in shock in the immediate aftermath of a car accident. You likely feel scared and confused about what happened. It’s overwhelming when you’re faced with doctor’s appointments, medical bills, and an insurance claim. Handling all of those responsibilities yourself can seem impossible.

You should absolutely consider hiring an attorney after the accident. Your attorney can help gather the evidence you need to prove another driver’s actions caused the crash, irrespective of Michigan’s No-Fault insurance laws.

One vital piece of evidence is the accident report. If law enforcement indicated someone else was at fault, you could use the report to show the insurance company you deserve compensation for your injuries.

For more information on how to obtain, understand, and use an accident report to help prove your case, contact the attorneys at Turner & Turner PC for a free consultation by calling (248) 355-1727.

Because a back injury can be debilitating, you need to seek medical intervention soon after an accident. Additionally, since medical expenses can be high, you need to pursue your employer’s workers’ compensation benefits to cover the costs.

Common Causes of Work-Related Back Injuries

Back injuries affect the musculoskeletal system, including soft tissue, nerves, joints, cartilage, and spinal structures. As your body adjusts to new limitations, you may experience pain and reduced motion in your neck and hips.

According to the American Medical Association, signs of a back injury include sharp and constant pain or mild intermittent pain in the musculoskeletal system. Back injuries can vary and may result in a brief impairment or, more acute, life-long problems. The pain levels and symptoms depend on which part of the back was injured.

Various causes are resulting in work-related back injuries, including but not limited to:

• Lifting objects
• Performing repetitive tasks like casing mail, climbing stairs, getting up and down from a chair, or reaching overhead
• Pushing, pulling, or dragging objects
• Carrying loads in an awkward manner
• Sitting in one place, such as at a non-ergonomic workstation, for extended periods

While any worker can suffer from work-related back injuries, those who perform physical labor, such as the construction industry, are most likely to experience back injuries. In addition, long-haul truckers are also likely to suffer from back injuries due to sitting for long hours, leading to deconditioning of the back muscles.

Although work-related back injuries may occur due to a single traumatic event, the symptoms may develop gradually due to a repetitive motion or activity over time. It’s essential to understand the difference between traumatic and cumulative trauma injuries.

Getting Workers’ Compensation for Back Injuries

If you experience back injuries for any reason at work, report the injury to your employer as soon as possible — to help start the workers’ compensation process. It is prudent to report your injuries immediately to avoid losing your ability to claim compensation.

After reporting, your employer should provide you with the compensation claim paperwork or fill it out on your behalf. Ensure you fill out the paperwork within the time limit to avoid forfeiting your claim.

Possible Challenges When Getting Workers’ Compensation for Back Injuries

Even after reporting your injuries and filing the workers’ compensation paperwork on time, you still risk forfeiting your compensation if you can’t prove that your injury was work-related.

Insurance companies are reluctant to pay workers’ compensation claims in most cases, and often dispute whether work injuries occurred. Therefore, you will have to prove that your injury is work-related. Your injury doesn’t necessarily have to happen at your workplace as long as it occurred while you were performing an activity assigned by or benefiting your employer.

Despite this, the insurer may claim that your condition is preexisting due to a previous accident, sports injury, or old age. An attorney specializing in personal injury and worker’s compensation lawyer can help you prove which activities caused your back injuries in these situations.

Even if you have preexisting conditions, a workers’ compensation lawyer can help you prove that your workplace injury aggravated your conditions. In these cases, you can still get compensation.

When you visit the doctor, make sure you tell them about any preexisting conditions and that you believe that your work duties aggravated your condition.

How Much Does Workers’ Compensation Pay for Back Injuries?

You can receive compensation as a lump sum settlement or as installment payments. Also known as Compromise and Release, lump-sum compensation comes as one full payment.

The amount you receive depends on various factors such as:

• The severity of your injuries
• The proposed length of treatment
• Amount of pain you suffered
• Your age
• Your occupation
• Whether your injuries are permanent
• Whether you had preexisting conditions
• Possible difficulties from the treatment of your injuries

Possible Factors that Affect Your Workers’ Compensation

Before awarding you compensation, the insurance company uses average settlement injury data to calculate how big of a settlement to offer you. During their calculation, they consider various factors, which include:

• Possibility of permanent disabilities
• Present back injuries, their severity, and how they affect your daily life
• Any possible additional treatments and their cost
• How the injuries affect your income generating capabilities
• Unresolved issues surrounding your injuries
• Unreimbursed medical bills
• Any unpaid temporary disability benefits
• Your personal life, such as marital status, age, life expectancy, and employment potential

The compensation you receive often depends on how well you present your claim. Once you accept a settlement, you can’t go back and claim more from the insurance company-even after realizing that your injuries are far worse than you anticipated. Therefore, you shouldn’t negotiate on your own. Instead, you should hire an experienced workers’ compensation lawyer who can negotiate for you and advise you about how much to expect.

Before signing a compensation benefits form, take your time to understand your back injuries, their extent, and how they will change your life. Think about your impairments, your working capabilities, and the effects that future medical issues may have on your life.

Also, consulting with an attorney before you sign ANYTHING is the most judicious way to proceed. For more information on claim issues related to work-site injuries, contact Turner & Turner at (248) 355-1727 to set up your free consultation today.

If you are the victim of negligence caused, either wholly or in part, by a third party, you may be wondering how much compensation you could recover in a personal injury lawsuit. Examples include injuries due to a car accident, medical malpractice, slip and fall, or a defective product, which may allow you to seek damages.

Turner & Turner Law has been in the practice of victim advocacy for more than 40 years and founding partner Lee Turner helped define the best practices of victim advocacy in Michigan’s legal community. To learn more about what Turner & Turner Law can do to help you, schedule a free consultation, call (248) 355-1727, or contact us online today.

FACTORS THAT DETERMINE THE VALUE OF YOUR INJURY CLAIM

If you suffer injuries through no fault of your own, you deserve compensation that will “make you whole.” Every case is unique, with varying facts, but using precedents as a guide, when Turner & Turner accepts a case, we will provide you with an estimated value of your case by looking at the following factors:

• Medical bills and costs – You deserve to be compensated for your past and future medical treatment, including adaptive medical devices, pain management therapies, physical therapy, and transportation to your doctor.
• Lost income – If your injury forces you to miss work, you should be compensated for the wages you were unable to earn. If your injury is permanent, you should receive compensation for 100 percent of your lost wages. If you can only work again in a diminished capacity, then you deserve the difference between what you earned before and after the injury.
• Pain and suffering – Insurance companies sometimes use “pain multipliers.” This means that your actual economic loss is multiplied by a designated number in order to estimate your pain and suffering damages.

Turner & Turner will gather medical records, employment records, and other evidence to establish these damages. We can also consult with medical experts, economists, and other professionals to assess the full extent of past and future losses in your case.

OTHER FACTORS THAT DETERMINE YOUR CLAIM’S VALUE

There are two other factors you need to consider when assessing the value of your case:

Comparative negligence – If you were partially to blame for your accident or injuries, then you may have your damage claim reduced by the percentage of fault that you bear. For example, if you were 20 percent responsible and suffered $100,000 in damages, you would be responsible for covering $20,000 in costs (20 percent of $100,000). The person who hurt you would be responsible for covering 80 percent, or $80,000. Unfortunately, if you are found to be 51 percent or more at fault, you would recover nothing.

Insurance limits – The at-fault party’s insurance coverage usually covers your costs and losses in a personal injury claim. However, insurers will pay only up to the policy limits. For example, if the at-fault party has a $100,000 limit, the insurance company will pay no more than $100,000 – even if a jury awards you $125,000 in damages.

While you could try to pursue a claim against the at-fault party for the excess, most people don’t have that much money. This means you might not be able to collect it at all, or you might have to go through steps such as garnishing the at-fault party’s wages or placing liens on his or her property. These steps can be challenging. This is why settlements tend to be for an amount equal to the at-fault party’s policy limits.

A PERSONAL INJURY ATTORNEY CAN HELP VALUE YOUR CLAIM

Getting sufficient compensation for your injury is essential so you can move on with your life and have the money you need to provide your medical care and pay your other expenses. You don’t want to accept less than you deserve, which means you need to have a clear idea of what your case is worth.

Call Turner & Turner today to discuss your case and set up a free, no obligation consultation with our attorneys today. Call (248) 351-1727.

Before we get into discussions about the legality of brake checking, let’s define it: Brake checking is the act of hitting your brakes suddenly (when someone is driving too close to your bumper, also called tailgating).

Brake checking can involve slamming on your brakes at high speed, or it can be constantly tapping your brakes so the person behind you has to continually slow down or stop. Brake checking, per se, isn’t specifically illegal in Michigan; however, it is considered reckless driving, which is illegal.

Reckless driving is any kind of driving that involves wanton or willful disregard for the safety of other motorists sharing the road with you. Reckless driving can result in traffic citations and fines — even jail time — depending on the situation.

Other forms of reckless driving include speeding, driving too fast for conditions, ignoring traffic signals, driving under the influence, and drag racing. If reckless driving causes an accident, even stiffer penalties may apply, based on the unique aspects of the case.

Therefore, brake checking is actually illegal in Michigan and should be avoided at all costs. As well as fines and jail time, engaging in reckless driving can be considered a surcharge offense (similar to adding points to your driving record) that can result in a suspended license. The practical effect means you will be unable to drive for a certain period of time, making it hard to get to work, school, and other activities.

Why is Brake Checking Considered Reckless Driving?

Because it can force the person behind you to crash into your vehicle or veer into traffic to avoid hitting you. Other motorists or pedestrians could be injured or killed, and there could be widespread damage done to multiple vehicles or personal property.

Checking motorists with brakes has also been known to spark incidents of road rage. This also puts everyone in the vicinity in harm’s way.

Why Do People Brake Check?

So, what’s the motivation behind brake checking anyway? There are basically two reasons why drivers brake check other motorists. One is usually out of anger or frustration, and the second involves insurance fraud.

To be clear, there are times when any driver might need to apply their brakes suddenly, regardless of who is behind them. (For example: if a pet or child runs into the road, for instance. This is not considered brake checking.)

The reasons why people brake check provides clues as to how to avoid the phenomenon. If someone is driving too close to the rear end of your vehicle, the answer isn’t to keep pumping the brakes. Instead, use your directional signal, pull over at a safe place, and let the other party pass you.

If I Caused an Accident from Brake Checking Someone, Am I Liable?

If you’ve been hit from behind or caused another accident by brake checking someone, you may be wondering if you can be found at fault. The answer is yes, you can be liable, depending on the circumstances surrounding the accident. Not all rear-end crashes, for example, are the fault of the driver in the rear.

Despite Michigan being a no-fault state, accidents involving death or serious injuries often leads to one party being found liable. Examples of injuries that result in lawsuits include, but are not limited to:

• Broken bones
• Permanent scarring
• Disfigurement
• Disability

Normally, after an accident, each party’s own insurance covers their vehicle damage and any medical expenses. But accidents involving wrongful death or serious injury are another story.

This is why it’s essential to speak with an experienced car accident lawyer after a crash where brake checking may have occurred. This is a good time to review what to do if you’re in an accident, regardless of whether brake checking was the cause or not. Follow these steps to stay safe, protect your rights, and keep calm at the scene of a motor vehicle crash.

1. Do not leave the scene. Fleeing the scene of an accident is a crime. Always stay to speak to first responders and exchange details with other people involved, as outlined below.
2. See if anyone needs medical assistance. You or other parties may be injured. Scratches, bruising, swelling, and bleeding can be indicative of more serious injuries, as can loss of consciousness, confusion, difficulty breathing, signs of shock, and other serious symptoms.
3. Call for help. Dial 911 and report the crash, giving your name, phone number, location, and brief pertinent details. Let the 911 operator know if you need an ambulance for anyone who is injured.
4. Move out of busy traffic, if possible. Sometimes, you may not be able to move, or your vehicle isn’t drivable. But if you can, pull out of traffic to prevent further accidents, and park in a lot or side street.
5. Exchange information with other parties. You should all get each other’s names, contact information, and insurance data. Write down the make, model, and license plate number of any other vehicles in the crash.
6. Answer questions for law enforcement but do not admit liability. You may be asked what happened, so try to respond without saying too much. Never say you were at fault even if you believe you were, as there may be other factors you don’t know about.
7. Produce insurance documents, as requested. You may be asked for proof of auto insurance by law enforcement.
8. Document the scene of the accident. Take photos or video with a mobile device to show vehicles after the crash, weather, road conditions, and the like. It is your right to do this, even if police officers do so, too.
9. Seek medical treatment if needed. You may need to go to the emergency room or see your healthcare provider the next day. Be aware that you can have delayed pain or other symptoms days or even weeks after a car accident.
10. Follow up with your insurance company. You may need to file a claim. Do not admit liability with your insurance agent.

Call Turner & Turner at (248) 355-1727 if you need assistance. You may need help getting insurance compensation or seeking damages if another party was at fault.

Calls for tweaks to the reforms, which were put into motion in 2019 after Gov. Gretchen Witmer approved legislation making substantive changes to what had previously been the nation’s most generous coverage benefits for victims of auto accidents, continues.

While the original reform legislation was crafted to lower the cost of insurance coverage to drivers, the real-world consequences included a reduction of payments to those agencies that care for car crash survivors — by nearly half. Many agencies are now reporting they are going broke, which is leaving their former clients scrambling for care.

According to a report by Michigan Public Radio, an independent study found that more than 1,500 car crash survivors with severe injuries have lost care when their agencies closed. Several care recipients have reportedly died after being transferred from their homes to inadequately staffed nursing homes.

Republican leadership in the state House has so far refused to schedule any hearings to address the concerns, but some state GOP lawmakers are beginning to break ranks, including State Rep. Phil Green (R-Millington), who told Michigan Radio the reforms have created a “monumental crisis.”

Green’s bill has 57 co-sponsors including 14 Republicans and told Michigan Radio he is urging House Speaker Jason Wentworth to make sure it gets a hearing. “He told us three years ago that there would be follow up bills. I believe the Speaker needs to hold to his word, and ‘fix the fix.'”

Unsurprisingly, the Insurance Alliance of Michigan opposes Green’s bill, asserting that changes to the law would jeopardize the $400 checks that the Michigan Catastrophic Claims Association plans to send every car owner in Michigan this spring. The lobbying group also claims insurance rates — which already went up after the law was passed in 2019 — could go up even more.

The money behind the per-car-owner checks comes from a current surplus held by the catastrophic claims association, which partly grew out of the reforms enacted by the no-fault overhaul; the reforms included discontinuation of a mandate requiring long-term care for survivors with brain injuries and spinal cord injuries.

Advocates for car crash survivors, including personal injury attorneys, say the $400 checks are a red herring that serves one purpose: distract Michigan citizens from the consequences of the law, as well as the state’s failure to lower insurance rates.

Proponents of the law, including Michigan Governor Gretchen Whitmer, predicted it would make car insurance in the state affordable. Instead, the state has only dropped from “most expensive in the nation” for car insurance to “second-most expensive.”

Instead of benefitting from the reforms, the state’s drivers have only seen a slight aggregate reduction in costs while victims of catastrophic auto accidents bear the weight of unrealized reforms, and now face a secondary crisis that can be averted.

If you were injured in an auto accident and find yourself, or a loved one, in a position where benefits are being threatened, or need an advocate to discuss available options, call the attorneys at Turner Law — (248) 355-1727 — for a free consultation.