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Increasing The Speed Limit Raises Safety Questions for Michigan Motorists

The Michigan Legislature is, again, debating a proposal to raise the speed limits for state and county roadways.  The package of bills (HB 4423  thru 4427) have been passed by the House Transportation Committee (Chaired by Republican, Peter Pettalia, District 106) and will now be considered and debated by the full House.  A comprehensive legislative analysis of the bills and “the […]

Medical Provider Rights Strengthened In Michigan’s No-Fault Law

The Michigan Court of Appeals has strengthened medical service providers’ rights under the Michigan No-Fault Act.  On October 22, 2015, the court published a recent decision which upheld Covenant Medical Center’s claim against State Farm.  Specifically, Covenant had notified State Farm of its billings and its claim for payment.  Unbeknownst to Covenant, State Farm then […]

Roundabouts on M-72 (Traverse City, Michigan) With the growth and development progressing from Acme, east toward Kalkaska, the MDOT has elected to redesign M-72 to include roundabouts.  While MDOT proclaims roundabouts will decrease accidents and improve safety, a closer reading of its own exhaustive study reveals that the facts are not necessarily conclusive.  In fact, […]

The Posted Speed Is Not Necessarily The Safe & Prudent Speed

It is striking to both see first-hand and then also hear a witness defensively testify that he was “driving the posted speed limit”, albeit in poor weather conditions, poor light (e.g., nighttime driving) or even around a curve on a road.  The basic speed law is one that governs speed for the conditions present; the posted speed […]

Look for Motorcycles & Bicycles

The nice weather is upon us. Naturally, with that, so are avid motorcycle enthusiasts and cyclists. Sadly, although a motorcyclist or bicyclist is generally highly prudent and safe consciously aware of the road environment, this common Michigan traveler on the roadway seems to be the one missed, more than the one seen. Accredited motorcyclist and […]

The “New” Michigan Assigned Claims Plan for No-fault Benefits

In 2012, the Michigan Legislature passed and Gov. Snyder signed into law, a new Michigan Assigned Claims Plan for No-fault Benefits. The new law modifies the administration of the Michigan Assigned Claims Plan. Formerly, the plan was administered by and through the Secretary of State. Now, under the new law, it is administered through the […]

IMPORTANT NO-FAULT UPDATE FOR MEDICAL SERVICE PROVIDERS AND MVA VICTIMS WHO ARE MINORS AND/OR SUSTAIN TRAUMATIC BRAIN INJURY

Yesterday, the Michigan Supreme Court did away with the long-held rule of protecting minors and the infirm in no-fault claims.   This legal issue has literally been a political ping-pong match with the balance of the court changing so much since 1999.   Since 1973 — when the no-fault act was enacted — it had always been […]

The battle to save Northern Michigan jobs and to preserve Michigan’s Auto No-fault Insurance resumes in 2012

In the 1992 and 1994 Michigan statewide elections, many remember the no-fault insurance industry’s ballot initiatives (Proposals C and D) which sought to dramatically convert Michigan’s auto no-fault insurance system into managed care funded by tax payers.  These efforst were resoundingly defeated by the people of Michigan.  See the Official election results here. After 17 […]

Driving too close behind another and stopping abruptly are factors that may lead to driver liability for personal injury suffered by another. And, when multiple motor vehicles are involved in a scenario which is a factor resulting in a motorcyclist’s injury, liability for no-fault coverage afforded to the motorcyclist may rest with more than one of the involved motor vehicles.

Facts & Ruling by Court: Three cars were traveling south on M-37 approaching a curve in the roadway.  Heading northbound was a motorcyclist.  The first of the three cars was looking for wood.  It is here where testimony of several witnesses differed on what actually occurred next: the driver of the first car says he […]