Birthday Wishes

July 19, 2011

Happy 21st birthday wishes go out to one of Abrahams Law’s biggest fans, Andrew Luckoff. Congrats Andrew on not needing our services!

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MI Drunk Driving – Employer of Michigan Drunk Driver May Be Liable For Fatal 2005 Accident

December 7, 2010

One does not need to be a top personal injury lawyer to know that driving while intoxicated can have devastating and deadly consequences. The influence of alcohol, drugs, or both, impairs a motorists’ ability to control a vehicle, often ending in unfortunate accidents causing serious personal injury or death. If the impaired driver causes an accident that results in the injury of others, it is likely that the motorist will be held legally accountable. However, if the drunk driver is on the job at the time of a crash, the situation becomes increasingly complicated. Such an example is seen in a recent case where the employer of a Michigan executive who caused a fatal drunk driving accident is on trial, as the motorist was working at the time of the incident.

The origin of this example comes from a wrongful death lawsuit brought to a Federal Court in Michigan by Gary Weinstein, a Oakland County jeweler who lost his wife and two sons in a tragic car accident years earlier. In 2005, Thomas Wellinger, a former sales executive for UGS (now Siemens), rear-ended the vehicle that they were in killing the passengers inside. Police that arrived on the scene performed several sobriety tests on Wellinger, eventually determining that his blood-alcohol content was 0.43–well over the legal limit in Michigan of 0.08. For his role in the auto accident, Wellinger pleaded guilty no contest to second-degree murder and is currently serving a 19 to 30-year prison sentence for it.

While it seems that this tragic accident has found a legal conclusion, this case is far from over.

A Michigan federal jury is currently rehashing the details of the 2005 accident, as a new lawsuit is being brought against Wellinger’s employer at the time of the accident, UGS. The Michigan injury attorney for Weinstein maintains that Wellinger was within the scope of his employment at the time of the crash, therefore making his employer liable for the outcome.

When Wellinger crashed into the Weinstein’s vehicle, he was on his was from work to a doctor’s appointment to be treated for alcoholism. As the psychiatrist appointment was a condition of his employment, the Plaintiff’s state that the company knew or should have known that Wellinger was intoxicated. However, even though Wellinger’s boss knew and required that he sees a doctor, the boss claims that he thought it was for depression, not alcohol abuse. Additionally, Wellinger’s coworkers maintain that they saw no visible signs of intoxication on the day of the crash and that he alone is to blame for the consequences.

Although it is unknown what the jury will decide, this case could set many precedents throughout the state both in the law and the workplace. If the jury finds UGS liable, it would redefine how responsible a company really is for its employees. Likewise, it would prompt employers to reexamine and make changes to their policies dealing with workers who have known alcohol or drug problems.

Regardless of the outcome, this case serves as a cold reminder of how dangerous drinking and driving can be–whether one is on the job or not. Victims of these devastating accidents are left with not only physical and mental scars, but also financial burdens, as medical bills can quickly pile up. Because of the many consequences associated with these incidents, it is essential for victims to seek the best personal injury attorney available. Doing so immediately will ensure the legal advice and legal representation needed to recover compensation for your personal injury claim. Contact a knowledgeable and hard-working Michigan injury lawyer today.

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MI Pedestrian Accident – Ann Arbor Using HAWK Signal to Avoid Pedestrian Accidents in Busy Intersections

November 30, 2010

As the state economy continues to dwindle, more Michigan residents are braving the cold and taking other modes of transportation to get around their community. Whether it means taking the bus, riding a bicycle, or even walking, many people are choosing saving money over time in their travels. While these modes of transportation are both economically and environmentally friendly options, any Michigan injury lawyer would advise travelers to proceed with caution. Having more people on the sidewalks and streets, either walking or biking, creates an increased chance of an accident with a motorist–particularly in busy intersections where traffic often flows. Unfortunately, in the battle between person (or bike) and a car, the car will win every time, likely causing serious personal injury or death in the process.

In an effort to prevent Michigan pedestrian accidents from occurring, cities across the state have taken measures to help both those on foot and behind the wheel share the roads. The city of Ann Arbor recently implemented a new High-Intensity Activated Crosswalk signal (HAWK) to help pedestrians cross the street at one of their busiest intersections downtown, the corner of Huron Street and Third. Influential factors in the signal’s location: its direct or close proximity to the Ann Arbor YMCA, senior center, bus stop, and residential areas.

The first of its kind in Michigan, the HAWK signal is activated by pedestrians by pressing a button. This will cause the traffic signals above the crosswalk to turn to a solid yellow light, altering motorists to slow down. After a few moments, the signal will turn to a solid red, allowing the pedestrian to cross the street safely. Once the light turns to a blinking red, drivers can proceed when the coast is clear. If the HAWK signal is not in use, the light will not flash and motorists can travel through the intersection without stopping.

According to Michigan Department of Transportation spokeswoman Keri Arend, the new technology is one that both those on foot and behind the wheel need to familiarize themselves with. “This will take a little bit of an educational campaign to get pedestrians and motorists used to the signal,” she stated. Despite the expected adjustment period, city managers are already noticing improvements in pedestrian safety.

Because of the positive results seen from this trial period, it is likely that more HAWK signals will be placed throughout the city. However, the changes will not be implemented immediately. When commenting on the question of additional pedestrian signals, Ann Arbor transportation program manager Eli Cooper explained, “The question of how many and where becomes an issue of resources.” Resources, likely meaning financial backing, can be hard to come by in Michigan today. However, it is also important that those who cross Michigan streets are as well-protected as possible.

With more people on city sidewalks and crossing the street, there is a much higher risk of a devastating accident occurring, causing great personal injury or death. However, as more HAWK signals (and other similar prevention measures) are implemented across the state, one can hope the amount of auto pedestrian accidents will significantly decrease. If you or a loved one has been injured in a bicycle accident or a pedestrian accident, it is likely that several questions will arise. For answers, as well as the best legal advice and legal representation, it is essential to contact an experienced and skilled Michigan injury attorney for assistance. Doing so quickly is the first step to ensuring a positive outcome on your personal injury claim, as well as the compensation you deserve for your injuries.

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MI Medical Malpractice – Michigan Woman Receives $3M Settlement For Brain Injury Due to Medical Error

November 22, 2010

Anytime one is feeling ill or sustains serious injury, it is common to seek the assistance of a medical practitioner. When in physical peril, patients trust doctors and their assistants to make an accurate diagnosis and act on it appropriately. However, if a physician fails to treat properly a medical problem, the existing condition can be further complicated, and new issues can develop causing significant personal injury or death. As an experienced Michigan injury lawyer, this is a tragic case that is seen all too often. Such an example is seen in the massive medical malpractice settlement of a Michigan woman, who sustained traumatic brain injury before undergoing surgery due to the negligence of the anesthesia assistant.

This medical malpractice case began when an unidentified 49 year-old Michigan woman decided to undergo a low-anterior colon resection. However, the woman maintains that the anesthesia assistant gave her an unapproved epidural and induction medications that ultimately dropped her blood pressure and caused cardiopulmonary arrest. However, neither the anesthesiologist nor the assistant was present to treat appropriately this urgent issue. In fact, despite the severity of her condition, the anesthesia assistant attempted to treat the woman alone, waiting ten minutes before calling the anesthesiologist.

Although she was completely resuscitated, the cardiopulmonary arrest caused “significant hypoxic injury” to her brain, ultimately leaving her with permanent disabilities. Though both anesthesia providers deny any wrongdoing, because the patient will require “long-term care as a result of her injuries,” the hospital agreed to pay over $3 million in settlement.

Originally, the epidural was placed in the PACU to manage post-operation pain control, and was tested approximately one hour before surgery. The assistant claimed that it was appropriate for him to test the patient to figure out whether the epidural was dislodged, however the anesthesiologist never approved the second epidural. Even though the anesthesiologist did not approve the assistant’s action, the plaintiff maintained that he was also responsible for the patient’s anesthesia care and should have known what was going on.

As seen by the extensive injuries sustained by this Michigan woman, medical malpractice can change the lives of patients forever. Doctors and their associates are the ones trusted to provide the best care for patients–breaking that trust can cause significant personal injury or even death. If you or a loved one has been injured because of a doctor or physician’s negligence, it is important to proactively seek the best legal assistance available. Contacting an experienced and skilled Michigan injury attorney is the first step to ensuring that you receive the compensation you deserve for your injuries. Using superior legal advice and legal representation, a medical malpractice lawyer will be able to provide the best outcome for your personal injury claim.

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MI Car Accident – How Michigan Residents Can Be Victorious in the Fight Between Auto v. Deer

November 15, 2010

Nature lovers across the state rest assured–the tough Michigan economy has not slowed its wildlife growth one bit. According to reports from various news sources, the deer population in Michigan has quadrupled from 1970 to 1.8 million across the state. Despite efforts to liberalize hunting laws to trim these numbers, the population continues to sustain itself and grow.

While these numbers may sound exciting to an avid hunter or outdoor enthusiast, any experienced Michigan injury lawyer would recommend one to remain cautious, especially when driving through areas heavily populated with deer. Data presented from state police and insurance companies state that Michigan residents have an one in 70 chance of having an auto crash involving deer during a 12 month period. Unfortunately, many involved in car-deer accidents often come out the loser, as the these incidents can cause significant personal injury or death. In 2009 alone, 61,486 deer accidents in Michigan were reported, resulting in 1,571 injuries and ten deaths.

According to Michigan State Police trooper John Ferguson, these tragic crashes can happen at anytime, anywhere. “Car-deer accidents happen when  you don’t expect them,” Ferguson explained. “They happen anywhere. We even have deer-car crashes right on U.S. 31 in Petoskey. I’ve even seen them in driveways.” Although these incidents are unexpected, statistics show that 80 percent of deer accidents in Michigan occur at night on two-lane roads, while 40 percent of all incidents in the state occur between October and December.

In addition to the great injury that can result from auto-deer crashes, the property damage caused in these incidents is also significant. Michigan law requires motorists to report any vehicle damage exceeding $1,000. As most accidents involving deer do result in more than $1,000 in repairs, law enforcement officials recommend that motorists always report car-deer crashes. However, it is not required that motorists inform their insurance company of deer accidents. Fearing a rise in insurance rates and as the cost of repair generally exceeds the deductible, many choose to pay out of pocket for damages incurred, particularly if it’s at the lower end of the cost scale. Representatives from state insurance companies estimate that deer crashes account for $130 million in damages each year, ranging between $400 to $10,000 a pop.

“With deer on the move, this is definitely a busy time of year for car-deer crashes,” Ferguson commented. “My advice is to always expect them, don’t be startled by them.”

Along with this key recommendation, here are some safety tips offered by the Michigan State Police to help drivers avoid these devastating and costly accidents this fall:

  • Pay attention to your surroundings at all times, particularly at night. Staying awake and alert is essential to avoiding run-ins with wildlife. Be aware of signs that are placed along the roadway, pointing out a well-known deer crossing area.
  • If drinking has been involved, it is important to designate a sober driver. Alcohol increases the likelihood of an accident occurring, without the added hazard of deer. Combining the two could have disastrous results.
  • Deer herds generally travel in groups, in a single-file line. If you see one the road, it is likely that several more are following behind.
  • Attempting to scare the deer with high-beam headlights or honking is not an effective way to get animals off the road. Be patient and wait for the wildlife to cross.
  • If an accident is unavoidable, break firmly and bring your vehicle to a controlled stop–do not swerve! Immediately pull to the side of the road and turn on the car’s emergency flashers. Report the incident to police by phoning 9-1-1. This way the crash may be investigated and those in need to medical attention may receive it.

The statistics describe above show how devastating a deer-auto accident can be, often leaving the motorist with great loss. Following these simple, but important safety tips can help keep you and your family safe on the road this fall, avoiding terrible crashes causing great personal injury or death. If an incident does occur, a victim and their family will almost certainly have several questions regarding their options. For answers, as well as the best legal advice and legal representation, it is essential to contact a knowledgeable and skilled Michigan injury attorney. Doing so quickly can help secure the compensation you deserve for all damages incurred, ensuring a positive outcome for your personal injury claim.

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MI Auto Accident – Michigan Lawmakers Push Safety on the Roads For Elderly and Teen Drivers

November 10, 2010

All Michigan residents know that our state has two seasons: winter and construction. While many consider this a playful jest regarding the state’s weather and roadway conditions, both factors can cause serious accidents resulting in significant personal injury or death. Experienced Michigan injury lawyers see examples of this each winter–the amount of auto accidents across the state almost always rise when weather or construction conditions create hazards.

While Michigan officials are concerned with maintaining the safety of each motorist at all times, there are two groups of which lawmakers are the most concerned: elderly and teen drivers. Even though older drivers are more likely to wear a seat belt and avoid driving while intoxicated, they are more likely to sustain serious injury or die in car accidents. Compared to motorists aged between 35-54, senior drivers are three times as likely to be fatally injured in a crash. On the other hand, teenage drivers are the least likely to wear seat belts and more prone to driving drunk. Additionally, inexperienced motorists often ride with multiple people in the vehicle or use their cellular phone while behind the wheel, ultimately creating distractions that can lead to gruesome auto accidents in Michigan.

Safety advocates across the state worry that elder put themselves at risk, as well as others on the road around them. Older motorists have certain physical limitations that inhibit their ability to drive properly, particularly in bad weather or in construction zones. Over time, eyesight will diminish, and many senior citizens have difficulty turning their necks to check traffic. Because of these limitations, at least 25 states have set special provisions for older drivers to ensure they are fit for the road, including vision tests, shortening renewal periods,  or banning renewal by mail. Currently, the state of Michigan does not have special licensing requirements for senior motorists. However, this is likely to change as lawmakers take more notice of the baby-boomer generation, who being turning 65 next year.

Government officials also fear for the safety of teenage drivers, and those in their path on state highways. Because younger driver’s have a tendency to create higher risks of an accident for themselves, many are pushing for stricter driving requirements for these people. AAA Michigan and driving experts are pushing for changes to the state’s graduated licensing program, limiting the number of people a teen driver may have in the vehicle when behind the wheel. According to driving instructor Tom Tarr, teenage motorists double their chance of a fatal accident when having another adolescent in the car. When two of more teens are in the vehicle, the risk of disaster increases again, making them five times more likely to get into an accident.

Even though the risks for elder and teen drivers are greater, it is a good thing that safety advocates and state lawmakers are taking an active interest in keeping all on the road safe. It is important however, that those surrounding old and young drivers keep safety in mind as well–parents, monitor who your teen drives with, encourage safety belt use, and eliminate possible distractions. Those close to older motorists should offer to drive in bad weather, at night, or through construction zones. Although your loved ones may not agree, keeping a close eye on their driving habits could prevent a terrible accident from occurring. If a crash does happen, a victim and their family will undoubtedly have several questions regarding their options. For answers, as well as the best legal advice and legal representation, it is essential to contact a skilled and knowledgeable Michigan injury attorney for assistance. Doing so quickly can help provide the best outcome for your personal injury claim, ensuring the compensation you deserve for your injuries and losses.

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MI Safety Tips – Fire Safety Advice Every Michigan Resident Should Know This Holiday Season

November 3, 2010

As the temperatures start to drop and Halloween passes, Michigan residents across the state prepare themselves for the upcoming holiday season. Traditionally, many people adorn their homes and businesses with exciting decorations that encourage viewers to get into the festive spirit.

As an experienced Michigan injury lawyer however, it is important to remind people that accidents can and do occur–even around the holidays. According to information from the National Fire Protection Association (NFPA) and the U.S. Fire Administration (USFA), about 250 home fires start involving Christmas trees each year, while home lights and other decorations cause an average of 170 fire accidents annually. Each incident is a traumatic experience that carries great consequences for its victims. In addition to great property damage, the opportunity for significant personal injury or death is high. Last year alone, a total of 43 people were injured and 21 died in holiday fire accidents.

Because of the great harm that fire accidents can cause, it is essential for all Michigan residents to adhere to a few safety tips, designed to prevent traditional decorative items from creating a serious problem.

  • When choosing a Christmas tree, make sure that the tree has been freshly cut. Dried out trees can create serious fire hazards. Likewise, make sure to keep the tree stand filled with water at all times.
  • Do not place your Christmas tree near a fire place, heat vent, or open flame of any kind–open flames from candles, matches, and lighters can start tree fires.
  • Before decorating your home with holiday lights,  inspect to make sure they are good to go. Safe lights will not have frayed wires, bare spots, gaps in the insulation, broken or cracked spots, or excessive kinking or wear. Additionally, never leave holiday lights unattended. Failure to do so can easily start a fire, particularly if the electric lights are wrapped around a Christmas tree.
  • Overloading electrical outlets can cause sparks to ignite. Utilize extension cords, and check the wires frequently–if they’re warm to the touch, you may have a serious problem.
  • Ensure that all holiday decorations do not block important exits and passage ways. In case a fire does occur, it is important to ensure that every person inside the building can get out safely.

Keeping these simple, but important safety tips in mind can help ensure that every Michigan resident has a happy and accident-free holiday season. If disaster does occur, a victim and their family will immediately be left with several questions regarding their options. For answers, along with the best legal advice and legal representation, it is essential to contact an experienced Michigan injury attorney for assistance. Acting quickly can make sure you receive the best outcome for your personal injury claim, getting you the help you deserve for your injuries.

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MI Work Site Accident – Michigan Worker Sustains Brain Injury in Tree-Cutting Accident

November 2, 2010

Gruesome accidents can happen at any time–when one is walking down the street, driving in the car, or even while on the job. For those working in construction or maintenance-related fields, the risk of an accident occurring is much greater. While safety regulations are in place to protect worker’s from sustaining injuries while on the job, these measures are often not sufficient As an experienced Michigan injury lawyer, several people are represented who have sustained great personal injury while working due to either lack of safety protocols or malfunctioning equipment.

Michigan work-site accidents are not uncommon, particularly during the fall and winter months. An example of such an incident is seen in a recent tree-trimming accident in Genoa Township, leaving a worker seriously injured.

In the early morning hours of November 1st, Westside Forestry employees were hard at work, cutting down limbs from a mature pine tree. To do this, workers were using a hydraulic boom lift to reach the highest branches. Although this is a fairly routine process, the hydraulic lift malfunctioned and imploded. As a result of this equipment failure, the employee working on the lift to free fall approximately 60 feet before crashing to the ground. The worker was taken to the University of Michigan Medical Center in Ann Arbor to receive medical treatment. On examination, doctors concluded that the employee suffered traumatic brain injury, in addition to other internal injuries.

While the state police is working alongside the Michigan Occupational Safety and Health Administration to investigate the cause of this terrible accident, no further details have been released at this time. Hopefully, detectives will be able to discover the intimate details so that future incidents can be avoided. However, regardless of implemented safety measures and full-proof machinery, accidents causing significant personal injury can still happen. In such a case, it is important for the victim to proactively seek a Michigan injury attorney for assistance. Doing so can provide the best legal advice and legal representation, ensuring that you receive the compensation you deserve for your personal injury claim.

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MI Drunk Driving – Michigan “Super Drunk” Law Enforces Stricter Penalties on Motorists This Halloween

October 26, 2010

Celebratory events, such as Halloween, are exciting times for Michigan residents of all ages, filled with costumes, candy, and parties. Even though Halloween is meant to be fun, increased pedestrian traffic, particularly at night, creates an increased chance that an accident will occur, causing significant personal injury or death. However, any experienced Michigan injury lawyer would warn that this is only one problem among many likely to occur this weekend. Like many other celebratory events, alcohol is likely to be play a large factor in many parties throughout the state. Unfortunately, many party-goers will choose to drive while intoxicated instead of a designating a sober driver–greatly increasing the already hazardous roadway conditions, as well as the potential for serious personal injury.

Currently, Michigan law states that any motorist with a blood alcohol content of 0.08 or higher is considered intoxicated and will be arrested for DUI charges. However, law enforcement officials across the state frequently see motorists who have extremely high blood alcohol contents, often double or triple the legal limit. According to the Traffic and Safety Commission of Macomb County, over 2,779 breath tests were administered last year within the county that registered 0.10 or higher. Often these “ridiculously intoxicated” people are those that cause the most gruesome and devastating drunk driving accidents.

Fortunately, lawmakers in the state of Michigan are tackling the issue of excessively intoxicated drivers just in time for the Halloween celebrations. Starting October 31st, the “Super Drunk” law will be enacted, enforcing harsher penalties for drunk drivers who are arrested behind the wheel with significant amounts of alcohol in their system. If a driver is convicted of operating a motor vehicle with a blood alcohol content of 0.17 or higher, the motorist will automatically face harsher punishments, including a hard driver’s license suspension lasting 45 days, hundreds of dollars in fines, up to 180 days in jail, and participation in  a mandatory one-year alcohol abuse program.

Even after the offender completes the terms of their “super drunk” sentence, the motorist is required to have an ignition interlock system installed into their vehicle out of their own pockets. This newly introduced system that is gaining popularity nationwide, is a device that requires the operator of a vehicle to take a Breathalyzer test each time they get into the car and sometimes while driving. If alcohol is detected in the offender’s system, then the car will not start or will simply shut off.

Michigan lawmakers and safety advocates hope that placing strict penalties on excessively intoxicated motorists, as well as requiring installed interlock systems will curb the amount of drunk driving accidents in the state. While designating a sober driver is always important, the chance of an accident occurring while driving drunk is much higher over a celebratory weekend, such as Halloween. The consequences of intoxicated crashes can be devastating, resulting in significant personal injury, or even death. Any victim of a drunk driving accident will undoubtedly be left in great pain, with many questions. For answers, as well as the best legal advice and legal representation, it is essential to contact a hard-working and knowledgeable Michigan injury attorney. Doing so quickly is the first step to ensuring a successful personal injury suit, getting you the compensation you deserve for your injuries.

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MI Safety Matters – Auto Accidents in Michigan Avoided By Lane Departure Warning System

October 19, 2010

Although traveling by car is one of the most popular forms of transportation in the United States, numerous drivers on the road increase the risk of a serious auto accident occurring. When motorists are not aware of their surroundings at all times, particularly while changing lanes, serious crashes can happen causing serious personal injury or death. As an experienced Michigan injury lawyer, representing victims of gruesome car accidents is common. While all incidents are tragic, it is important to remind all motorists that it is their responsibility to keep their eyes on the road when behind the wheel.

Sometimes, seeing other vehicles on the road is made difficult by various factors including the weather or blind spots in the car. Switching lanes under unpleasant conditions can create room for disaster if the motorist is not very careful. Fortunately, to combat auto accidents in Michigan, researchers within the state have been working hard on new technology to assist drivers while on the roadways.

For the past year, The University of Michigan Transportation Research Institute (UMTRI) and the Takata Corporation have worked on an integrated crash warning system to be implemented in vehicles across the country. The technology was designed to inform drivers of the traffic environment surrounding them, as well as their position within the lane. Using the warning system, near-disastrous car accidents in Michigan can be avoided easier then ever before.

However, developers of the “Safe Trak” Lane Departure System had additional motives in mind as well. Over 3.2 million jobs in the United States involve the commercial trucking industry, putting larger vehicles on the roads for longer periods of time. Increased time on the highway makes truck drivers less alert and more prone to being involved in truck accidents. The new technology is also designed to help these individuals as well, especially when preparing for long haul trips and reacting to real-time driving performance.

“Today’s commercial truck driver faces many distractions while on the roads for long hours, including drowsiness,” explained Kirk Morris, the vice president of product management and business development for the Takata Corporation. “The Safe Trak system helps drivers maintain their lanes, know when to stop for rest breaks, and measure their on-road driving performance in real-time.” Using unique algorithms, the Safe Trak developers believe that the new system will greatly improve overall road safety for all, both motorists and commercial truck drivers.

The high levels of confidence in the new technology is not unfounded, as extensive testing has shown extremely positive safety results. Of the truck drivers who participated in the study, 38 percent stated that the integrated-warning systems helped them avoid a crash, while 83 percent desired a vehicle equipped with Safe Trak and would advise their employers to purchase the technology.  Overall, both truck drivers and auto drivers involved in the study believe that the warning systems would ultimately increase roadway safety, avoiding terrible accidents.

It is unfortunate that car accidents happen every day in Michigan, often causing significant personal injury or death. It certainly is a good thing that researchers and safety advocates are concerned, taking proactive steps to combat auto crashes. Despite their best efforts, accidents can happen anywhere, at any time. Victims of car accidents are no strangers to physical, emotional, and mental suffering, as the incident often carries long-lasting affects. Because of this, it is essential for those hurt in auto crashes to contact a knowledgeable and skilled Michigan injury attorney for assistance. Doing so quickly can ensure the best legal advice and legal representation available, helping you receive the compensation you deserve for your personal injury case.

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