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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Posted by abrahamslaw
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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Posted by abrahamslaw
June 28, 2010
Although the Fourth of July is an exciting holiday involving family, food, and fun, it also can pose serious safety threats. An experienced Detroit personal injury lawyer has seen it all: warm temperatures and a day-off from work encourage increased alcohol consumption and careless behavior, making enjoyable activities such as water sports, driving, or igniting fireworks increasingly dangerous. The results of an accident on a special holiday could be devastating, causing significant personal injury or death.
As the recovering economy has provided the opportunity for more Michigan tourists this summer, the number of people out and about this Fourth of July is expected to increase a great deal. To protect yourself and your family this holiday season, be sure to keep the following safety tips in mind to prevent Michigan recreational accidents from occurring:
- Supervise children at all times while sparklers are in use, as it is possible to cause severe burns to the extremities. Emergency room doctors interviewed by The Detroit Free Press stated that most firework injuries could be prevented if younger users were supervised by a sober and responsible adult.
- Keep an eye on kids while swimming and diving in any body of water. Even better, make sure there is a trained lifeguard on duty. The more eyes on the kids in the water, the better.
- Be honest about your child’s swimming abilities–if your child is an inexperienced swimmer, make sure that he or she is wearing an approved flotation device for their safety.
- While driving or riding in any type of boat, it is important to have an approved life jacket for each person on board. Otherwise, boaters are subject to drowning.
- If you are an adult boating or participating in any water-related activity, refrain from use of alcohol or drugs. Emergency situations in the water is not uncommon, and being intoxicated will greatly reduce a person’s ability to reach safety.
- Under the same tune, driving a motor vehicle while intoxicated by alcohol or drugs is not only risky, it’s downright dangerous. An increased number of people on the roads will increase the chances of Michigan drunk driving accidents occurring.
Keeping these simple, but important safety tips in mind can help prevent disaster this Fourth of July. Failure to refrain from immense alcohol use or supervise young children can have horrendous consequences, including severe personal injury or death. If an accident does occur over the holiday weekend, the victim and their family will instantly be left with numerous questions regarding their options. For answers as well as tactical legal representation, it is essential to contact a hard-working and assertive Detroit personal injury attorney immediately. Acting quickly can help make sure you receive the compensation you deserve for the medical and personal losses sustained in your accident.
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Posted by abrahamslaw
May 31, 2010
Whenever behind the wheel of any motor vehicle, it is essential to eliminate all distractions that could take the motorists’ eye off the road for even a minute. Recent media statewide has been focused lately on the dangers of using a cell phone and texting while driving. However, as a dedicated Detroit personal injury lawyer, it is important to remind Michigan residents of another extreme distraction behind the wheel: alcohol.
Not only does driving under the influence greatly impair a persons’ ability to see correctly, it also hinders their reaction times, making a serious accident resulting in significant personal injury or death almost inevitable. Such are the circumstances of a case where police believe that alcohol played a factor in a recent single motor-vehicle accident in the Flint area, leaving one man dead and another seriously injured.
In the early morning hours of May 30th, two men were traveling along Wilson Road, west of Belsay Road in Genesee Township. According to law enforcement officials, the unidentified 30 year-old driver was moving at a high rate of speed and was unable to maintain control of his vehicle, causing the car to roll several times. As a result of the Michigan car accident, the driver was ejected from the vehicle sustaining serious injuries, while the passenger, David Huey, 30, was pronounced dead at the scene.
Preliminary investigations conducted by police revealed the likely cause of the accident, as well as influential factors. Numerous local media sources have reported that law enforcement officials also believe that alcohol played a factor, preventing the driver from maneuvering along the highway safely. Unfortunately, this is an all too common occurrence–of all the deadly crashes statewide in 2008, Michigan drunk driving accidents comprised 28 percent of the fatality total.
As seen by this devastating example, driving under the influence of alcohol can have permanent and life-changing consequences. Not only is the driver now listed in serious condition at Hurley Medical Center, his best friend and passenger died as a result of the accident. While accidents can happen at any time or any place, designating a sober driver is one proactive step that can be taken to avoid Michigan drunk driving crashes from occurring. If injured in a collision however, a victim and their family will have several questions regarding the next steps to take. For answers, as well as the best legal advice and legal representation, it is essential to contact a hard-working and trustworthy Detroit drunk driving lawyer immediately. Acting quickly can help ensure you receive the most positive outcome for your personal injury claim possible, getting you the compensation you deserve.
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Posted by abrahamslaw
May 17, 2010
Springtime is here again in Michigan, and that only means one thing: it is construction season. The warmer temperatures create ideal conditions for improvements to be made to highways and streets across the state, putting more construction workers on the side of the roads. Although this is a good time for projects to be completed, an increased number of workers on the highways also creates a higher risk for a serious accident to occur. A dedicated Detroit personal injury lawyer is likely to see many examples of this throughout their legal career, much like the recent example of a Lansing construction worker who was seriously injured after being hit by a motorist.
In the early morning hours of May 16th, Juan Blancas-Lopez, 22, was working at a construction site located on eastbound M-6 in Gaines Township. Despite warning signs altering drivers to the construction zone, around 2:15 a.m., a motorist entered the two-lane construction zone and struck Lopez. As a result of the Michigan construction site accident, the Lansing man sustained serious injuries, and was transported to Saint Mary’s Health Care located in Grand Rapids. Police arrested the at-fault driver at the scene of the crash.
Although the incident remains under investigation, Michigan State Police believe that alcohol played a factor in this case. Driving while intoxicated not only makes motorists less aware of public safety notices alerting them to construction zones, drunk drivers have much slower reaction times and are much less aware of their general surroundings. Not only is this dangerous for the person behind the wheel, it poses a great risk to others on the roadway, particularly construction workers on the shoulder.
As seen by the example of Juan Blancas-Lopez, being involved in a construction site accident is life-changing. Not only will significant personal injury be caused, the person’s livelihood is directly affected as a result. Such an incident certainly leaves a victim and their family with many remaining questions regarding possible options. In order for the best outcome, it is essential to be proactive in securing the highest quality legal representation. Contacting an experienced Detroit construction site accident lawyer immediately can not only provide sound legal advice, but also can help make sure your personal injury claim receives the best outcome.
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Posted by abrahamslaw
May 17, 2010
Being under the influence of alcohol can automatically intensify situations, including heated arguments. However, no matter how outraged a drunk person may be, they will still be held liable for all consequences should they operate a vehicle intoxicated. Any experienced Detroit personal injury lawyer would recommend against this practice, as it greatly increases the likelihood of an accident occurring, resulting in serious personal injury to either a driver, passenger, or another person on the road. Such an example is seen in the recent case of a Michigan woman who was hit by a drunk driver last week after being involved in a domestic dispute with the driver.
According to police, 21 year-old Megan Noorman of Kentwood was walking down Highland Avenue when she was hit by the driver of a Hyundai who was exiting a parking lot. An investigation of the incident revealed that Noorman knew the motorist, 23 year-old Matthew Gozner, and was involved in a verbal argument with him in the parking lot of North Central College moments before the Michigan pedestrian accident.
Although both were intoxicated at the time of their argument, because Gozner chose to get behind the wheel, he is being held liable for the Michigan drunk driving accident. Police officers arrested him at the scene, charging him with drunk driving, failure to exercise due care, as well as failure to reduce speed to avoid an accident. While Gozner sustained no injury in this case, Noorman was seriously injured and transported immediately to Edward Hospital in Naperville for medical attention.
The example of Megan Noorman highlights the importance of sober driving, as well as the consequences of drunk driving. Not only is getting behind the wheel of any vehicle while intoxicated dangerous, it is also illegal and will result in significant legal repercussions. For the injured person, the outcome of an accident will change their lives permanently as well, as severe personal injury or death can be sustained by a pedestrian struck by a car. Undoubtedly, a victim and their family will have numerous questions regarding their options. For answers, as well as the highest quality legal advice and legal representation, it is essential to contact a hard-working and trustworthy Detroit drunk driving lawyer immediately. Acting quickly can help ensure that your case receives the proper attention it deserves, and that you are justly compensated for your injuries and losses.
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Posted by abrahamslaw
April 26, 2010
If one has paid close attention to recent news, it would be safe to say that most consider cell phones and driving a dangerous combination. While it is true that driving while distracted increases the use of an accident, it is possible for the mobile devices to be helpful in an emergency. In addition to serving as evidence for an experienced Detroit personal injury lawyer, it is also possible for rescue teams to locate accident victims by tracking the global positioning of their cell phone. Such are the circumstances of a recent case where law enforcement officials used the coordinates tracked by a mobile device to rescue the car crash victims.
According to Jackson County Police, Alex Ancrile, 23, phoned emergency rescue crews after being trapped in the back of a friend’s vehicle. Ancrile and the driver, Stephanie Biaz, 23, had just left a party in Jackson when the Michigan car accident occurred. Reports state that Biaz lost control of her vehicle, crossed over the center line, and landed upside-down after going through many trees.
Although Ancrile had no idea where they had landed, the global positioning service in his cell phone was able to be tracked by emergency rescue teams, pinpointing their exact location. Undersheriff Tom Finco stated his surprise at the circumstances of this case remarking, “This happens to be the only accident that I can recall in 30 plus years where we were able to locate it as a result of the GPS system on a phone.”
Both victims were taken to the University of Michigan Hospital in Ann Arbor for medical attention for critical personal injuries. Although the investigation is currently ongoing, law enforcement officials definitely think that this was an alcohol-related crash.
Every car accident is tragic, but the above situation is particularly disappointing as it could have likely been avoided had a sober driver been designated. Getting behind the wheel intoxicated greatly increases the likelihood of an accident occurring, resulting in significant personal injury to motorists and passengers on the road. If injured in a drunk driving accident, a victim’s next step is to find out their legal options. This is best done by contacting a hard-working and trustworthy Detroit car accident lawyer for the highest quality legal advice and legal representation. Doing so immediately can help make sure that you receive the most successful outcome for your personal injury claim.
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Posted by abrahamslaw
April 22, 2010
Anytime a person gets behind the wheel of a car intoxicated, not only is the motorist at risk for being pulled over, they are also putting themselves and everyone else on the road at great risk. Each day, as an experienced Detroit personal injury lawyer, cases are handled where law obeying citizens traveling on Michigan roadways sustain severe personal injury or die because of a drunk driver. These cases are always regrettable as they are preventable by simply designating a sober driver.
In a recent case, a Grand Ledge man is facing Michigan second-degree murder charges for his involvement in a head-on collision last year. According to the prosecuting attorney, Scott Sedore, 42, was south on M-43 and crossed over the center line and crashed right into an oncoming vehicle. The driver of the smashed car, Christopher Gallagher, 20, died instantly on impact, while the passenger in the vehicle, Diana Ruth, 19, sustained serious injuries.
Law enforcement officials believe that Sedore was intoxicated when of the Michigan car accident, having both alcohol and cocaine in his system. Currently, Eaton County prosecutors are charging him with operating while intoxicated causing serious injury. These aren’t Sedore’s first run-ins with the law, court records show. When the Michigan drunk driving accident occurred, his license was suspended for five previous drunk driving convictions. However, conviction of second-degree murder in the State of Michigan carries much stricter penalties. The maximum sentence is life in prison, while a DUI causing serious injury is punishable of five years.
Being involved in a Michigan drunk driving accident is a scary and traumatic experience for anyone to go through. As seen by the example of Christopher Gallagher and Diana Ruth, car crashes like these can cause severe personal injury or death. If injured, it is likely that a victim and their family would have several questions. For answer, as well as the best legal representation for your personal injury claim, it is important to contact a trustworthy Detroit car accident lawyer as soon as possible. Do not hesitate to get help for your injuries, retain experienced legal counsel today.
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Posted by abrahamslaw
April 22, 2010
There are two ways that motorists nationwide greatly increase their chances of being involved in a car accident resulting in personal injury or death: get behind the wheel while intoxicated, or fail to wear a seat belt while either behind the wheel or riding as a passenger. In both instances, the driver is in significant danger–intoxicated motorists are unable to drive properly and safely, while declining to wear a safety belt keeps you unrestrained and at greater risk of sustaining severe personal injury or death in an emergency situation. An experienced Detroit personal injury lawyer sees examples of this all the time, helping clients who have been injured in gruesome accidents. However, personal injury attorneys are not the only ones battling against drunk drivers and in favor of seat belt use. In counties across the State of Michigan, police departments are taking a firm stance against intoxicated and unbelted motorists beginning “safety patrol” programs geared to catch violators in the act.
Six county police departments throughout the state have joined forces to form the “Michigan Night Patrol”, created specifically to crack down on drunk drivers and motorists without a seatbelt. According to OHSP Division Director Michael Prince, police are being strict to avoid Michigan drunk driving accidents. “We want motorists to be aware that law enforcement officers are out there at night. If you drive drunk, you will be arrested,” he said.
Police formed the Michigan Night Patrol after numerous studies showed that less drivers wear a seatbelt at night. Additionally, there was a high correlation found between unrestrained drivers and alcohol-related fatalities. Officers will make regular traffic stops as necessary, but will have no tolerance for intoxicated drivers or motorists without seatbelts.
Driving while intoxicated greatly increases the risk of a serious Michigan car accident occurring, causing severe personal injury. Failing to wear a seatbelt will only make the likelihood of sustaining injury greater. Therefore, it is important always to buckle up and designate a sober driver. This will help ensure that everyone on the road arrives at their destination safely. If injured in an accident, a victim and their family will undoubtedly be left with many questions. For answers, as well as the highest quality legal advice and legal representation, it is essential to contact a hard-working Detroit drunk driving lawyer immediately. Not hesitating in retaining legal counsel can help ensure that your personal injury claim receives the best outcome possible.
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Posted by abrahamslaw
April 12, 2010
Throughout the legal career of a dedicated Detroit personal injury lawyer, it is not unusual to represent a several individuals who have sustained personal injury or died in a car accident. Even if no one sustains injury, some of the most unfortunate of these incidents are alcohol-related, as designating a sober driver can avoid both hurting others and legal problems. However, law enforcement officials fortunately have cracked down on drunk driving, catching intoxicated persons before they can cause an accident. The circumstances are similar in a recent case where the Central Michigan University’s marching band director was busted for his second DUI within the last couple of years.
CMU’s band director, James Batcheller, 50, was arrested by law enforcement officials for driving while intoxicated in October 2009. He pled guilty to the drunk driving charges, and was sentenced last week to ten days in jail, and to pay approximately $2,000 in fines. Additionally, Batcheller received 24 months probation, as this is not his first DUI bust. The leader of the Marching Chips was previously arrested in February 2007 on driving while intoxicated charges, and had previously served jail time because of it.
Batcheller expressed deep regret for his actions, stating that he has struggled with a drinking problem for a several years. “I’m glad to say with the support of friends, family, and counseling, I am in recovery and addressed those issues,” he explained publicly. Despite his personal problems, he will retain his position as the CMU marching band director, a job he’s held since 2000. According to the dean of the College of Communication and Fine Arts, Salma Ghanem, “As much as we are aware, there has been no problems in terms of his work. His job performance has not been affected in any way.” Regardless, the matter continues to be investigated both by law enforcement officials and the university.
Driving while intoxicated poses a serious threat not only to the motorist, but also to everyone else on the road. Getting behind the wheel while drunk greatly increases the likelihood of an accident occurring that will result in severe personal injury or death. Forutnately, police caught up with Batcheller before he could hurt himself or anyone else. Most however, are not that lucky. If you or a loved one sustained injury in a car accident, many questions undoubtedly will linger. For complete answers, as well as the best legal advice and legal representation, it is essential to contact a hard-working and trustworthy Detroit drunk driving lawyer for assistance. Doing so as soon as possible can help ensure the most positive outcome for your personal injury claim.
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Posted by abrahamslaw
