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 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 State Law – Michigan Supreme Court Overturns Ruling Favoring Auto Accident Victim

August 3, 2010

Much to the dismay of experienced personal injury lawyers in Detroit, in 2004 the Michigan Supreme Court ruled that in order for an automobile accident victim to receive pain and suffering compensation, the person must have sustained an injury which changed the course or trajectory of the person’s life.  While car accident victims were allowed to collect damages for medical expenses under the Michigan no-fault law, receiving any money for pain and suffering was a different story.

For years, many personal injury claimants have been denied deserved compensation as the high court maintained a strict interpretation of the law. However, this week the Supreme Court overturned this decision, ultimately opening the door for injured persons to recover more damages in Michigan car accidents.  The court opined that the previous ruling was too strict of an interpretation of the law.

In this case, Genesee County resident Rodney McCormick sustained serious personal injury when a truck ran over his ankle while on the job. Prior to the truck accident, McCormick worked 60 hours each week and enjoyed regular recreational activities, such as golfing and fishing. However, the injuries sustained prevented him from being weight-bearing on the ankle, and McCormick was forced to undergo two surgeries and over 10 months of physical therapy. Additionally, for over a year and a half, the victim was unable to perform his normal job duties. Despite the immense pain that the victim was in, he fought through it to continue working at the same pay rate.

While many would call this strength and determination during a difficult time, the Michigan Supreme Court in 2004 denied him compensation for pain and suffering, ruling that because he still earned the same amount in wages, McCormick was ultimately living a normal life–regardless of the fact that medical testimony established that he will suffer from arthritis in his ankle, growing more painful overtime.

There is light at the end of the tunnel however, for not only McCormick, but the thousands of other Michigan residents suffering from injuries sustained in a car accident caused by intoxicated or careless motorists. In the precedent-setting decision this week, the high court revised the previous decision, explaining that state law “merely requires that  a person’s general ability to lead his or her normal life has been affected, not destroyed.” Therefore, auto insurance companies will be forced to offer fair and appropriate settlements, as they are no longer protected by unjust rulings from the Supreme Court.

As evidenced by the recent decision, the law is both complex and always changing. Fortunately, the most recent change was in favor of the many suffering auto accident victims across the state of Michigan. Any of these individuals can attest to the severe physical and mental injury that such an incident causes. Because of this, it is important to proactively seek the best legal assistance possible for your personal injury claim. By contacting a hard-working and aggressive personal injury attorney in Detroit, you will receive the legal advice and legal representation needed to ensure that you receive compensation for all of your damages–medical, lost wages, and pain and suffering.

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MI Safety Matters – Michigan Police Begin Seat Belt Enforcement Efforts Over Next 2 Weeks

May 26, 2010

Although it is possible to sustain personal injury in a car accident, the chances of walking away from it alive are much greater if a seatbelt is worn. In fact, it is against the law in Michigan not to buckle up–a practice that Detroit personal injury lawyers and police officers would highly recommend against. Not only could the consequences of an auto crash be significantly greater, but motorists can be ticketed for failing to wear a restraining belt in the car.

Traffic and highway statistics show that choosing to buckle up can be a life-saving decision. According to state police records, almost half of the people who died in Michigan car accidents in 2009 were not wearing a seatbelt. Despite safety warnings and alarming statistics, reports show that approximately 45 million Americans do not restrain themselves at all in the car.

In an effort to enforce safety belt use and traffic safety, Michigan law enforcement officials have stepped up patrolling efforts statewide. Areas where many crashes occur or where seat belt use is low will be heavily targeted by police–one officer serves as a “spotter,” who radios in about unbelted motorists, so that an officer ahead can pull over and ticket offenders. However, motorists will certainly be notified where a “safety belt enforcement zone” begins. Farmington Hills Chief of Police Charles Nebus reported to the Daily Tribune that portable signs will be placed along the roadway to alert drivers they are entering a heavily policed area.

Michigan state law requires that all front-seat passengers (including the driver), as well as any passengers younger than 15 years-old to be restrained by a seatbelt. Despite this, the shocking death toll listed above reminds everyone of how important driving safety is, including the use of safety restraints. As a dedicated Detroit car accident lawyer, I applaud the efforts made by law enforcement officials across the state to ensure the safety of all those on the road, particularly as the aftermath is often devastating. Following any accident, a victim and their family will almost certainly have several questions regarding their case. For answers, as well as the highest quality legal advice and legal representation, it is essential to contact a hard-working Detroit personal injury attorney as soon as possible. Doing so can ensure the best outcome for your personal injury claim, getting the compensation you deserve for your medical and personal losses.

Leave a Comment » | Accidental Injuries, Auto, Motorcycle, Truck Accidents, For Your Information, Michigan State Law Matters, Safety Matters and Tips | Tagged: , , , , , , , , , , | Permalink
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