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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Safety Matters – Fourth of July Brings Fun, But Also an Increase in Safety Concerns

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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MI Drunk Driving – CMU Band Director Busted for Second DUI

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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MI Drunk Driving – DUI Survivor Shares Her Story With Students to Raise Awareness

March 18, 2010

Throughout the career of an experienced Detroit personal injury lawyer, it is common to represent a number of people who have sustained severe personal injury in a car accident. Some of the most tragic are drunk driving accidents, as they are preventable by designating a sober driver. The consequences of these incidents are life-altering, and no one knows that better than Sarah Panzau. Over six years ago, she survived a gruesome auto collision when she was driving while intoxicated.

Panzau, then twenty-one years-old, was working as a bartender and often drank throughout her shifts. One night after work, she decided to drive home even though her blood alcohol level was over four times the legal limit. She lost control of her vehicle and was ejected out the back window. Panzau’s head was “slammed and dragged against a guard rail at sixty miles per hour.” She survived the ordeal, but as a result of the Michigan drunk driving accident, she lost most of her left arm as well as many physical and mental scars.

Although the experience was horrifying, Panzau has made it her mission to educate high school students throughout the country on what can happen to them if they drive drunk. She makes the potential consequences very clear by wearing a tank top and shorts, allowing students to see the physical reminders of her accident. Panzau advises students not only to designate a sober driver, but to associate with friends who will help them make positive choices. “I was one of those ‘never happen to me’ girls. I want to show what happens to people who make poor choices.”

As seen by the example of Sarah Panzau, drunk driving accidents can result in severe personal injury. Because the consequences of these incidents are life-changing, an injured person will undoubtedly be left with many questions regarding their case. 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. Doing so can help ensure the most successful outcome for your personal injury claim.

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MI Drunk Driving – Memorial Vigil Honors Roseville Teens in Fatal MI Drunk Driving Crash

March 16, 2010

Throughout the career of a hard-working Detroit personal injury lawyer, it is common to represent a number of individuals who have sustained severe personal injury or died as a result of a drunk driving accident. These are perhaps some of the most tragic accidents, as they are easily preventable by designating a sober driver. Those who survive and are left behind often take a combative stance against the drunk driving, with the intent of raising awareness for its dangers. In a recent example, following the case four Roseville teenagers who were killed as the result of a drunk driver, a friend of the victims started a youth organization that promotes sober driving.

Exactly one year ago, Devin Spurlock, 19, Erica Haudek, 15, Stephanie Currie, 16, and Jordan Michalack, 16, were in a car on their way to dinner. However, en route to the restaurant, their vehicle was struck by a car driven by Mount Clemens resident, Francis Dingle, 48. As a result of the Michigan drunk driving accident, all four teens were killed. Dingle was arrested by law enforcement officials, and is currently facing four counts of driving while intoxicated, as well as second-degree murder charges. Her case is scheduled to go to trial this month.

A classmate of the victims, Ashly Lowry, was determined to not only make sure that her friends were remembered, but that similar drunk driving accidents do not occur again. This prompted her to found the Michigan Teens Against Drunk Driving organization, which was created to mobilize teenagers for the cause. “The day after the accident, I wanted to do something to help remember my friends. And my stepdad said I could come up with an organization for teens to maybe get the message out better than MADD (Mothers Against Drunk Driving),” she explained. To honor her friends, a candlelight vigil will be held tonight from 6:00-8:15 p.m. at Macomb Mall. “If they want to come  out and help support me… they’re more than welcome to come out. The more support we get, the better turnout it will be.”

The consequences of drunk driving accidents are devastating, and carry life-changing consequences for all involved. Unfortunately, drunk driving crashes usually result in severe personal injury or death, leaving survivors and those left behind with a multitude of questions. For answers, as well as the best legal advice and legal representation, is essential to contact an experienced and trustworthy Detroit drunk driving lawyer immediately. Doing so can help ensure the most successful outcome for your personal injury claim.

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MI Safety Matters – “Sober Steering” Hopes to Curb Drunk Driving

March 12, 2010

The legal career of an experienced Detroit personal injury lawyer is based around helping people who have sustained personal injury or died as a result of an accident. Among the most tragic are drunk driving accidents, as they are not only preventable, they can have life-changing consequences for those involved. Proactive and creative individuals such as Dennis Bellehumeur have taken the matter into their own hands, developing a number of devices from interlock systems to cell phone applications to prevent individuals from driving while intoxicated.

As a clinical neuropsychologist, Bellehumeur was often witness to the personal injury that can result from drunk driving accidents, as well as the devastating effects it has on the family of the victim. Additionally, his own family was impacted by drunk driving when his son sustained personal injury in an alcohol-related crash. His passionate motives behind raising drunk driving awareness prompted him to start Sober Steering Sensors Canada Inc., a company that hopes to use technology to prevent people from driving while intoxicated. Working along Seacoast Science Inc., technology is being developed that would build chemical sensors into steering wheels. These would be able to detect the gas byproducts of alcohol through the skin, should the person behind the wheel be under the influence of alcohol.

Nationwide, more lawmakers are enforcing the use of ”interlock systems” in vehicles of convicted drunk drivers. These devices require the motorist to blow into a breathalyzer before the car will start. If the system registers that the motorist is over the legal limit, the vehicle will not turn on.

While Bellehumeur is in favor of devising technological means of combating drunk driving, he believes that the interlock systems are ineffective for a number of reasons. Not only are they incredibly expensive ($1,300 to $2,000), there is a low compliance rate. Even if judges order them, people break the law and drive anyways–some drivers have been known to cheat the system by having another person blow into the breathalyzer for them. Sensors built into steering wheel would be both cost-effective ($200), and invisible as not to divert attention from the road.

As a Detroit personal injury attorney who also witnesses first-hand the devastating effects of drunk driving accidents, I applaud the efforts made by Dennis Belleheumer to prevent motorists from getting behind the wheel drunk. The effects of drunk driving accidents are permanent and life-changing, usually resulting in severe personal injury or death. Therefore, it is essential to contact hard-working legal counsel that will not only provide answers, but the best legal advice and legal representation for your case. Doing so immediately can help ensure the best outcome for your personal injury claim.

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Drunk Driving – Drunk Snowmobiling Causes Accident, Highlights Importance of Safety

February 22, 2010

During the career of an experienced Detroit personal injury lawyer, it is common to represent individuals who have sustained personal injury as the result of a car accident. The situation becomes even more tragic when the individual who caused the accident was driving while intoxicated. In a recent accident, a man on a snowmobile ran into a car after driving while he was under the influence of alcohol.

According to the local sheriff’s department, Tyler Lyndaker, 21, was riding his snowmobile eastbound when he tried to overtake a sport utility vehicle that was driven by seventy-nine year-old Dorothy Baker. When Baker tried to avoid the snowmobile, both vehicles collided. As a result, the snowmobile went off the road and struck a tree, ultimately ejecting Lyndaker from the vehicle. When law enforcement officials arrived on the scene, they administered sobriety tests to Lyndaker, and determined that he was operating the snowmobile under the influence of alcohol. Police cited him with drunk driving and failing to drive on the right shoulder between dusk and dawn. Fortunately, no one sustained severe personal injury or died in this accident.

Incidents such as these highlight some important winter driving tips, whatever type of vehicle is being used. First, winter weather can make roads icy and slippery to navigate. It is important that while driving in the snow to pay the utmost attention to the roads, and pay attention to vehicles surrounding you. It is also a good idea to maintain slower speeds, leave more distance between you and the vehicle n front of you and always wear your seat belt. Secondly, driving under the influence of alcohol can seriously impair a person’s ability to drive in clear weather, let alone winter conditions. As seen by the aforementioned drunk snowmobiling case, it is essential to designate a sober driver to make sure that everyone arrives to their destination safely.

Drunk driving accidents, regardless of the type of vehicle involved are especially tragic because they are preventable. But, severe personal injury can result because of them. If you or a loved one has been injured in a drunk driving accident, an experienced personal injury attorney can provide answers to the many questions that you undoubtedly have. For your injuries, you may be entitled to compensation covering medical bills, wage loss, or other expenses and compensation for pain and suffering. For the best legal advice and legal representation, contact a hard-working and aggressive Detroit personal injury attorney immediately.

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