Armed with your smartphone, you can download apps like Bird, Lime, or Spin, and in minutes begin cruising down city blocks at speeds up to 20 mph on an e-scooter. One critical element about grabbing a scooter you should be aware of is the e-scooter rental agreement’s Terms and Conditions.

We’re all familiar with “terms and conditions.” Typically, it’s “boilerplate” language that most people never bother to read and instead scroll blindly until they see “accept,” and then the “reward” becomes available. But e-scooter riders should be aware that important language exists buried within these lengthy terms and conditions that may significantly impact your rights in the event of an accident or injury while using the e-scooter.

E-Scooter Liability Waiver

Buried in most e-scooter rental agreements is a liability waiver, which, in most cases, waives a rider’s right to pursue a claim against the e-scooter company for injury or property damage.

Liability waivers are common and, in many instances, make perfect sense. Conceptually, the waivers are simple: a company provides you with a good or service but does not want to be held responsible if you injure yourself or others while using said good or service. In the context of e-scooters, this would logically mean riders are assuming the risk of injury or property damage that may occur from the inherent risks associated with riding a scooter.

However, many riders may not realize that these waivers’ language is much broader. In fact, not only do the terms and conditions waive the rider’s ability to sue the company in the event they are injured due to the risks associated with riding an electric scooter, but riders are also agreeing to waive their right to sue the company if they are injured as a result of the e-scooter company’s negligence.

Riders aren’t the only ones responsible for causing e-scooter crashes. In some instances, crashes and injuries result from the e-scooter rental company’s or manufacturer’s negligence. This negligence can include “vehicle or component malfunction” or the failure to maintain or repair equipment.  Given that numerous injuries have allegedly resulted from scooter malfunctions such as sudden acceleration or loss of brake function, riders need to be aware that they are assuming these risks and may not be able to seek compensation if they are seriously injured as a result of a malfunctioning or improperly maintained e-scooter.

E-Scooter Rental Agreements

If you’re considering signing an e-scooter rental agreement, here’s what you need to know:

You may also be releasing other parties from liability, Riders should be aware that these waivers also cover more parties than just the “rider” and the “e-scooter company.” These waivers apply to the e-scooter companies, their parent companies (e.g. Uber, Lyft, and Ford Motor Company), and also extend to the manufacturers of the scooters — and even the cities in which the e-scooter service operates.

Bird, Lime, and Spin’s e-scooter rental agreements all contain language that defines the municipalities which authorize the companies to operate as “released parties.” Under this term and condition, riders injured as a result of a defect in a sidewalk or roadway the municipality is responsible for maintaining may have waived their ability to pursue a claim against the municipality for the sidewalk or roadway defect.

Time Limits? Truncating the Statute of Limitations

Assuming you can even bring a claim against a company, certain language in e-scooter rental agreements often includes time limitations for bringing a claim. While liability waivers are generally enforceable in most instances, they are not insurmountable and cannot absolve a company from liability for acts that amount to “gross negligence,” or “willful and wanton conduct.” (However, those legal terms also require a significantly higher burden for an injured person to meet.)

In Michigan, injured parties generally have three years following an injury to bring a negligence claim against another party – call the statute of limitations. With few exceptions, an injured person’s claim against another party is forever barred as soon as the statute of limitations period expires.

However, riders should understand that signing an e-scooter rental agreement may include agreeing to a shorter statute of limitations. For example, the terms and conditions for Spin contain language where the user agrees to shorten the statute of limitations period for bringing claims against Spin to just one year. After that time, users cannot bring a claim against the e-scooter company.

In short, you want to take the time to read whatever you agree to, and if you were injured in an e-scooter accident, don’t assume their waivers are iron-clad; contact the experts at Turner & Turner for a free consultation.

Call us today at (248) 355-1727.

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.

If you have been in an accident and have the ability to photograph (or ask someone else on the scene) the damage caused, don’t waste the opportunity to create a documentary trail that could be crucial evidence in the event you need to litigate.

Virtually every attorney will tell you to document your ideal in full, including keeping a journal and taking photographs throughout your ordeal. Photographs of any sustained injuries throughout various stages of progression (at the accident scene, at the hospital, after the hospital, and intermittently thereafter), including medical equipment you may be required to wear or use (such as sutures, braces, casts, orthopedic walking boots, bandages, etc.) can be helpful in establishing the validity and extent of your claim. These elements help bolster your claim and provide documented proof of your injury, and your subsequent pain and suffering.

Especially helpful are photographs of your damaged automobile or motorcycle because they will clearly show the type of damage and its extent to your vehicle as well as the violent forces your body was subjected to in the collision. Photographs of the accident scene and of the other party’s damaged car or truck (including its license plates), can also be quite valuable to your claim.

Give all copies of these photographs to the attorneys at Turner & Turner. Your photos, which we can present as exhibits to any liable parties, including insurance companies and other responsible parties to any subsequent lawsuit, will help in presenting a clearer understanding of the situation you have endured in its entirety.

If litigation becomes necessary, those photographs will help a mediator better understand the value of your claim; and, beyond that, your photographs can be used by a judge or jury to help bolster your case so an accurate decision and amount of compensation can be rendered.

BACKUP and MAKE COPIES

Any documentation, including photos taken and stored on your phone, should be backed up to ensure nothing gets lost. Apps like Google Photos and Apple Photos can be configured to automatically sync your phone and store a copy of photos in a cloud storage site.

Similarly, any memorializing you do, like keeping a journal and recounting the accident, or documenting your injuries and the process of healing, should be backed up. If it is electronic, store copies on a peripheral device like a thumb drive. Make a third backup onto a cloud server. Don’t rely on the storage of one source (your phone, computer, etc.), because accidents happen. Things break and items can get lost. Being redundant with your evidence ensures its availability.

Call Turner Law today and learn how we can help you receive compensation for an injury sustained due to negligence, recklessness, or another fault beyond your control, but not the person or entity where your injury occurred.

Call Turner today at (248) 355-1727.

Is it Illegal to Drive with Interior Lights On? 

The interior lights in cars can become a safety hazard, especially when driving at night. A lot of people assume that having the lights in the car at night is illegal, but it depends on individual state statutes.

In short, Michigan has no law specifically prohibiting driving with interior cabin lights illuminated, according to Michigan State Police Traffic Services Section, Sgt. Jill Bennett. “Michigan law does not specifically say that you cannot have it on,” Bennett told the MLive news service in a 2020 interview.

However, the sergeant added that because there are other laws that do regulate light emissions from cars, driving with your dome light on could be an invitation for a traffic stop. After that, depending on what other factors may have prompted police intervention, all bets are off.

The most relevant section of law for this question, Bennett said, is the part of the Michigan Vehicle Code addressing external lights on vehicles, simply because there is not much in the law one way or other addressing interior lights.

When drivers are using the interior lights while driving, they may still be subject to getting a ticket even though the law does not directly address its legality since it can be interpreted as a distraction to other drivers, affecting another motorist’s ability to drive safely. In short, a trooper or local officer can issue tickets citing safety issues.

As with many “interpretive” infractions, whether or not drivers get pulled over for having illumination in the car depends on the police officer. They may let you go, ensuring that you’re not swerving or dangerously maneuvering. However, if driving abilities seem to be impaired, that white light could very well give an officer the green light to pull you over and issue a fine for having the interior car light on.

Therefore, it is always best to avoid turning on the light unless necessary and only for the amount of time needed. MSP’s Bennett clarifies in her MLive interview: “A dome light is not required vehicle equipment and is not expressly permitted in the Michigan Vehicle Code. It may be a distraction/vision obstruction for the driver. This will be left open to local interpretation.”

Is it Illegal to Have Colored Interior Lights?

There are no laws prohibiting the use of colored lights in cars. However, traffic laws do state that lights cannot “flash,” “rotate,” or “oscillate.” The bulbs on the back of the car that illuminate the license plate must be white, and the under-glow has to be less than 300 lumens.

How Dark is Too Dark for Window Tinting?

Michigan’s car window tinting laws were enacted in 2000. The percentage of visible light required for your car windows is known as Visible Light Transmission, or VLT. The percentage of light required to penetrate through film and glass in Michigan is specific and varies depending on the type of car: sedans, SUVs and vans. Michigan permits tinting front windshield and front windows (those adjacent to driver) but only top 4 inches of these windows. Tint is not allowed on any other part of these windows. (See specifics below.)

Tint Darkness for Sedans:

• Windshield: Non-reflective tint is allowed on the top 4 inches of the windshield.
• Front Side windows: Any darkness can be applied but only on top 4 inches.
• Back Side windows: Any darkness can be used.
• Rear Window: Any darkness can be used.

Tint Darkness for SUV and Vans:

• Windshield: Non-reflective tint is allowed on the top 4 inches of the windshield.
• Front Side windows: Any darkness can be applied but only on top 4 inches.
• Back Side windows: Any darkness can be used.
• Rear Window: Any darkness can be used.

Window Tint Reflection

Window tint can reflect incoming light and reduce glare and heat. Michigan window tint law permits a certain window reflection when using a tint so make sure you pay attention to this as well.

Tint Reflection for Sedans:

• Front Side windows: Must not be more than 35% reflective.
• Back Side windows: Must not be more than 35% reflective.

Tint Reflection for SUV and Vans:

• Front Side windows: Must not be more than 35% reflective.
• Back Side windows: Must not be more than 35% reflective.

Other Michigan Window Tint Rules and Regulations

Michigan does have several other important laws, rules and regulations pertaining to window tinting. They include the following:

• Side Mirrors: Vehicle must have side mirrors if rear windshield is obstructed.
• Restricted Colors: Silver and gold tint colors are explicitly prohibited in Michigan.

Medical Exceptions: Michigan allows medical exemptions for special tint.

For more details about the specific terms of the exemption, or if you believe you have been wrongly targeted for a tinting infraction, contact Turner Law for more information and to see whether you may have been a victim of police harassment. Call Turner & Turner today for your free consultation at (248) 355-1727.

*Source: https://www.tinting-laws.com/michigan/

For Further Information, Visit the Michigan State Police F.A.Q. page.

To learn about garnishments in the most general sense, Turner Law has created a brief overview of garnishments.

Income and assets generally exempt from garnishment include:

1. Social Security benefits and disability payments
2. Supplemental Security Income (SSI) payments
3. Veterans’ Benefits
4. Civil Service and Federal Retirement and Disability Benefits
5. Military Annuities and Survivors’ Benefits
6. Railroad Retirement Benefits
7. Merchant Seamen Wages
8. Longshoremen’s and Harbor Workers’ Death and Disability Benefits
9. Foreign Service Retirement and Disability Benefits
10. Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
11. Federal Emergency Management Agency (FEMA) Disaster Assistance
12. General Assistance Benefits
13. Family Independence Program (FIP) grants
14. Food Assistance Program (FAP)
15. Electronic Benefits Transfers (EBT)
16. State Disability Assistance
17. Individual Retirement Accounts (IRAs)
18. Student loan disbursements, grants, or work assistance
19. Unemployment Compensation benefits
20. Worker’s Compensation benefits
21. Cash value of life insurance policies that are payable to your spouse or children
22. Income benefits under the Michigan Civil Service Act
23. Income benefits under the Michigan Retirement Act
24. Pensions covered by ERISA

There are some exceptions to that list. For example, Social security disability and retirement benefits can be garnished to pay federal taxes, child support, and alimony.

• SSI payments can’t be garnished under any circumstances;
• Pension income can be garnished once it’s in your bank account.
• Income from the other sources listed above stays exempt once it’s in your bank account. (It’s best to avoid putting it in the same bank account with non-exempt income.)

For more information on whether awards from a settlement are subject to garnishment, contact the attorneys at Turner & Turner for advice on how best to avoid seizure of assets, including settlements. Call Turner Law at (248) 355-1727.