Knowing the Rules of Discovery in Michigan

When a victim of someone else’s negligence files a lawsuit, there are specific rules and phases that every lawsuit must generally follow. The first step in the process is the filing of the Complaint.  Next, one must serve the Complaint on the named Defendants or their agents. From there, the Michigan Court Rules and the Scheduling Order issued by the judge assigned to the claim control what the parties can do and when they can be done.  The parameters change depending on case type, the attorneys, the assigned judge and the Court in which the lawsuit is pending; however, in almost every case, the initial phase of the lawsuit once all of the parties are served is called “Discovery”.

What is the Discovery Phase?

In the Discovery phase, the parties are allowed to gain information through several different means.  In Michigan, parties are allowed to serve written questions on the opposing parties called Interrogatories.  Interrogatories seek information from the other party. This information can be as basic as their name, address and where they went to high school, or it can be case specific; such as asking for their version of the facts surrounding the accident, whether they have certain health conditions or even if they have any felony or misdemeanor convictions in the past. Interrogatories are the most basic and common form of discovery.  

Other forms of discovery focus on gathering documents or entry upon land to inspect certain relevant objects. This can be done by serving what is commonly referred to as a Request for Production on the opposing party, or it can be done with a subpoena to either the opposing party or even to a nonparty that may be in possession of relevant information.  In Michigan No-Fault claims or motor vehicle accident claims, documents such as insurance policies, medical bills, and documents generated by the insurance company are frequently requested and can be integral parts of the claims.

What may be considered the most important discovery tool is the right to conduct depositions. A deposition is the ability to question the opposing party, witness, medical doctor or anyone with knowledge of the facts under oath. Skilled attorneys craft deposition questions to elicit beneficial testimony out of the deponent while avoiding testimony that would be detrimental to their own client.  Since deposition testimony is under oath, if the matter proceeds to trial, and the deponent provides a conflicting response to the same question previously act, the deponent is considered to perjure themselves. Therefore, when providing answers to questions in depositions, it is important to take your time, think about the question asked and give an accurate and concise answer. If you do not know the answer, or cannot remember at that time, never guess. Never feel as though you cannot say “I don’t know” or “I can’t remember” because guessing for the sake of providing an answer can have grave consequences.  

How We Can Help

Here at the Elia & Ponto law firm, we are dedicated to helping anyone who has been injured by a motor vehicle accident. A Michigan car accident lawyer at our firm will be dedicated to showing you how to file a Michigan car accident lawsuit and a claim for Michigan No-fault benefits. Even if you were hit by a drunk driver, or a Michigan Hit and Run accident, speaking with a car accident lawyer at our firm can be a valuable resource for you and your loved one! 

The post Knowing the Rules of Discovery in Michigan appeared first on The Law Firm of Elia & Ponto.

source https://www.eliaandponto.com/knowing-the-rules-of-discovery-in-michigan/

Accidental Injury Resulting from a Parked Motor Vehicle and No-Fault Personal Injury Benefits

On February 5, 2019, the Michigan Court of Appeals issued its Opinion in Guntzviller v City of Detroit, which reaffirms that in order for an individual to qualify for No-Fault Personal Injury Protection benefits, one’s injuries must arise out of “the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle” pursuant to MCL 500.3105(1).  In Guntziller, the plaintiff was attempting to enter a City of Detroit bus when the bus driver recognized her a person “who previously had harassed other passengers on the bus.” The bus driver then closed the door in an attempt to prevent the plaintiff from boarding the bus. While the bus was stopped, a physical altercation ensued, and the plaintiff alleged to have sustained bodily injury as a result.

Plaintiff sought No-Fault Personal Injury Benefits from the City of Detroit and a lawsuit was ultimately filed. The case was dismissed following a Motion filed by the City of Detroit which argued that plaintiff did not establish entitlement to benefits under the No-Fault Act. The plaintiff appealed, and the Court of Appeals upheld the trial Court’s ruling.

In its Opinion, the Court keyed in on the fact that the bus was stopped. This fact is key since pursuant to MCL 500.3106 excludes a claimant from receiving No-Fault Personal Injury Protection benefits for accidental bodily injury when the injury involves a “parked” motor vehicle; unless the claimant can demonstrate that one of the three statutory exceptions of MCL 500.3106(1) applies.

MCL 500.3106(1) states:

Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle unless any of the following occur:

(a) The vehicle was parked in such a way as to cause unreasonable risk of the bodily injury which occurred.

(b) Except as provided in subsection (2), the injury was a direct result of physical contact with equipment permanently mounted on the vehicle, while the equipment was being operated or used, or property being lifted onto or lowered from the vehicle in the loading or unloading process.

(c) Except as provided in subsection (2), the injury was sustained by a person while occupying, entering into, or alighting from the vehicle.

In Stewart v Michigan, 471 Mich 692 (2004), the Michigan Supreme Court set forth a three-step analysis to determine coverage for claimants seeking No-Fault benefits from injuries arising out of a parked motor vehicle. First, the claimant must demonstrate that their “conduct fits one of the three exceptions of subsection MCL 500.3106(1). Second, the claimant must demonstrate that “the injury arose out of the ownership, operation, maintenance, or use of the parked motor vehicle, as a motor vehicle.” Finally, the “claimant must demonstrate that the injury had a casual relationship to the parked motor vehicle that is more then incidental, fortuitous or but for.”

In Guntzviller, the Court of Appeals felt that the plaintiff did not satisfy any of the factors to qualify for benefits. The claimant’s injuries appear to have occurred after she was removed from the bus; thus, not satisfying any of the three exceptions. Further, the court held her injuries were not related to the “transportational function” of the City bus, but rather related to the ramifications of being the alleged aggressor of a physical confrontation. Lastly, the Court held that there was no “causal connection” between her injuries as the parked bus. Rather, the City of Detroit bus was nothing more than a backdrop of an alleged assault, and the connection of the City of Detroit bus and plaintiff’s injuries were nothing more than “incidental, fortuitous, or but for.”

Accidents involved parked motor vehicles occur more frequently than one may imagine. Claimants are entitled to Michigan No-Fault Personal Injury Protection benefits if they are injured as a result of the following pursuant to MCL 500.3106:

• The vehicle is parked in such a way to cause unreasonable risk of the injury occurred;
• The injury is a direct result of physical contact with equipment permanently affixed to the motor vehicle while in use;
• The injury occurs while loading or unloading property into the motor vehicle; or,
• The injury occurs while exiting or entering the motor vehicle.

While the Court in Guntzviller ultimately held that claimant was not entitled to No-Fault Personal Injury Protection benefits under those facts, there are everyday scenarios that occur where a claimant is entitled to No-Fault Personal Injury Protection benefits. Do not be detoured from seeking No-Fault benefits merely because the injury involves a parked motor vehicle in Michigan.

Who We Are

If you or a loved one was recently injured in a motor vehicle accident in Michigan, a Michigan car accident lawyer at Elia & Ponto may be able to help.  We are able to help anyone who had their vehicle damaged or was injured in a Michigan parking lot accident file a Michigan car accident lawsuit. We are well educated on Michigan No-Fault Benefits and any Michigan auto accident lawyer at our firm can help you with these.

The post Accidental Injury Resulting from a Parked Motor Vehicle and No-Fault Personal Injury Benefits appeared first on The Law Firm of Elia & Ponto.

source https://www.eliaandponto.com/accidental-injury-resulting-from-a-parked-motor-vehicle-and-no-fault-personal-injury-benefits/

Four Contributing Factors to Teen Driving Accidents

Wrecks of motor vehicles continue to be a leading cause of injury and even death for drivers between 16 and 19 years of age. These young adults face a likelihood to suffer a fatal crash three times more than drivers 20 years old and older. Unfortunately, these statistics resonate here in Michigan too. A Michigan car accident lawyer at our firm can help you receive Michigan no-fault benefits.

In 2017 alone, the 15-20 age group accounted for 7.8 percent of all traffic deaths in Michigan, with 57.5 percent of these deaths being the driver. Within the state, a total of 10,521 teenagers and young adults were injured due in a car accident. The cost of these accidents involving young drivers is astronomical as it can easily exceed $1.4 million.

Research conducted by the Insurance Institute for Highway Safety reports that when a parent chooses to engage in the skill training of their teen driver, the time spent can help to reduce collisions – and – minimize the risk of road injury and death to all travelers on the road. If parents and/or legal guardians are not working with their teen driver on safe operational skills, we believe that the National Teen Driver Safety Week on October 21st is the perfect time to start. A Michigan drunk driving accident lawyer at our firm can help you if you believe your child was hit by a drunk driver in Michigan.

Recognize These Four Factors Contributing to Teen Driver Crashes

Proven triggers that increase the risks of crashes and injuries for young drivers include – greater risk exposures, immaturity, inexperience, and risk-taking behaviors. Young drivers are more likely to not wear seatbelts, speed while driving and miss important road hazards or signs as a result of these factors. Talk to your teen about these four fatal mistakes, which account for more than 60 percent of all teenage crashes.

1. Distracted and Impaired Driving: Eating, driving under the influence of drugs or alcohol, playing music, riding with friends, texting, and/or using apps on a device and are all factors that could distract a driver from the road.
2. Hazard Recognition: Recognition of hazards could be prolonged for young drivers due to their scanning and search skills being undeveloped and, in turn, increase their crash risk.
3. Speed and Space Management: Teenagers are more likely to speed than older drivers, allowing a shorter distance from the rear of one vehicle to the front of the next. Compared to women in the same age groups, young men involved in fatal crashes are more likely to be caught speeding at the time of the crash.
4. Vehicle Handling: To work through the physical maneuvers of day-to-day driving, motor coordination of the eyes, hands, and feed are required. Teenagers may not fully possess these skills and overestimate their driving skills beyond the technology and operating system of a vehicle.

Unfortunately, young drivers are often responsible for accidents that are otherwise preventable. Parents and/or legal guardians can play a key role in keeping everyone, including their child, safe on the road. Acting as a good role model, providing new drivers with substantial practice, and remind them that it takes time to develop safe driving skills. Speak with a car accident lawyer at our firm to help you file a Michigan car accident lawsuit. We are more than suited to help you file a Michigan no-fault insurance claim.

The post Four Contributing Factors to Teen Driving Accidents appeared first on The Law Firm of Elia & Ponto.

source https://www.eliaandponto.com/four-contributing-factors-to-teen-driving-accidents/

Seat Belt Regulations for Minor Passengers

A key element behind vehicle safety is the proper use of seatbelts by all passengers. A Michigan car accident lawyer at our firm can help you understand this more clearly. Unfortunately, it is sometimes assumed that seatbelts are not necessary when a passenger is sitting in the back seat of a vehicle. In fact, even though the state of Michigan legally requires that persons under the age of 16 wear seat a belt, the law does not outrightly require back seat passengers to utilize a seatbelt. This ignores the fact that rear seating in a vehicle can pose an equal amount of risk as the front seat when passengers do not make use of seat belts. Regardless of where a passenger is sitting, a seatbelt is essential for minimizing potential injuries. The categorization of seat belt laws in the state of Michigan allow police officers to pull over any vehicle where a passenger is not wearing a seatbelt.

The state of Michigan outlines different seating requirements for minors who are passengers in a vehicle. Children under four years of are required to ride in the back seat of a vehicle. Children under the age of two must ride in a rear-facing car seat. Children between the ages of four and eight must ride in a booster seat. The only exception to this is if a child is taller than four feet and nine inches.

How Do Michigan Seat Belt Laws Affect Me?

In spite of these requirements, a high number of child passengers do not ride in a booster seat, as required by law. Booster seats are imperative for child passengers, as they are designed with children in mind and help to secure them properly so as to prevent serious injuries in the event of a car accident. This is especially important in light of the fact that standard-sized car seats are not made with children in mind, and are far more likely to increase the risk of harm or injury to a child passenger. Booster seats should be fastened securely into the car, and should also be checked for any signs of damage on a regular basis. Speak with a Michigan car accident lawyer at our firm about how seat belt regulations affect you.

What Are Michigan Seat Belt Requirements for Teens?

Michigan seatbelt laws for passengers between the ages of eight and fifteen also require that they wear a seatbelt. However, while the law explicitly requires all persons below sixteen years of age to buckle up, it does not state any requirement for persons over the age of sixteen. Unfortunately, this has led some to interpret the law as meaning that those over sixteen do not need to wear a seatbelt. However, in spite of this perceived legal loophole, passengers over the age of sixteen should still wear a seatbelt. A Michigan accident lawyer can help you or a loved one file a Michigan car accident lawsuit.

Why Are Seat Belts Important in Michigan?

Regardless of where a person is sitting, a seatbelt is an imperative safety mechanism for a passenger. In the event of a vehicle accident, lack of a seatbelt could result in serious injuries or even death. It is important to note that passengers in the rear are just as vulnerable when it comes to car accidents. This means that people of all ages should always be sure to wear a seatbelt when riding in a vehicle. A car accident lawyer in Michigan at our firm can be of great value to you.

The post Seat Belt Regulations for Minor Passengers appeared first on The Law Firm of Elia & Ponto.

source https://www.eliaandponto.com/seat-belt-regulations-for-minor-passengers/

No-Fault Coverage in Out-Of-State Car Accidents for Michigan Residents

No-Fault Coverage in Out-Of-State Car Accidents for Michigan Residents can be tricky to understand, a Michigan car accident lawyer at our firm can help you. Car accidents can happen at any time and any place due to unforeseen circumstances such as bad weather, unfamiliarity with roads or other distractions. The unpredictability of accidents increases the probability of occurrence while driving out of state for business, vacation or personal errands. For most car owners, the question of the geographical scope of car insurance comes into question. Does, the no-fault insurance hold for out of state drives, who is covered by the insurance and what are its limits? According to the MCL 500.3111, Michigan drivers have extended coverage ranging from within the country and also into Canada but with limits. Speaking with a car accident lawyer in Michigan can greatly improve your chances of winning a lawsuit or success in filing a car accident claim in Michigan.

What does No-Fault Insurance cover in Out-Of-State Car Accidents?

The Michigan no-fault act covers drivers beyond the limits of the state’s borders. Drivers can rest assured that their insurance cover still offers them with the numerous benefits despite their geographical location. However, the limitation is that Michigan law does not necessitate that the insurance providers should cover accidents in rental cars, out of state vehicles or taxis. Therefore, it is important to check with the policy provider to confirm whether they offer such additional services before renting a car. If the rental car lacks insurance, it is possible that the injured may not be eligible to claim for PIP benefits in the event of an accident.

The insurance coverage also protects passengers who satisfy the criteria of being named as insured under the insurance policy, a relative of the insured who was in the vehicle involved in the accident, or anyone who has a relative at their Michigan residence with an active policy. Then again, residency may be hard to prove such as when children are frequently away for studies. For passengers, who are not named under the policy or are not relatives of the insured person, no-fault insurance benefits will only be offered if the insured party was also occupying the no-fault insured vehicle. In such cases, it is a must that the vehicle involved must also be insured in addition to the owner’s no-fault policy. Passengers who do not fit any of the above criteria may not be eligible for benefits from the no-fault insurance coverage. An auto accident lawyer in Michigan at our firm can help you understand Michigan PLPD insurance coverage claims.

What are the benefits of No-Fault Insurance in Out-Of-State Car Accidents?

Some benefits of Michigan no-fault insurance are also limited by the insurance laws practiced in no-fault states. If the driver is involved in an accident in a no-fault state, they must pursue legal action against the at-fault driver. The insurer will still provide for expenses, but the drivers are still expected to follow through with the other state’s legal requirements. Additionally, if the Michigan resident is at fault, they will be subject to the law of the state. Drivers will then lose their liability protections and may have to pay damages caused to the other drivers.

In addition to out of state driver accidents, there is also the case of out of state residents who are injured in accidents while in Michigan. Such residents are entitled to benefits only if they are driving or are passengers in a vehicle that is insured under the no-fault policy. They are also entitled to benefits from their own insurers if their insurer is licensed to sell policies in Michigan. Nevertheless, all non-residents are required to have no-fault insurance on their personal vehicles or face being charged with a misdemeanor offense as per the Michigan law. Speak with a car accident lawyer in Michigan about your auto accident here at Elia & Ponto, we always have a Michigan car accident lawyer ready to help you.

The post No-Fault Coverage in Out-Of-State Car Accidents for Michigan Residents appeared first on The Law Firm of Elia & Ponto.

source https://www.eliaandponto.com/no-fault-coverage-in-out-of-state-car-accidents-for-michigan-residents/

Benefits for Drunk Driving Accidents Under No-fault Insurance in Michigan

Benefits for Drunk Driving Accidents Under No-fault Insurance in Michigan

Drunk drivers are a common cause of accidents across the globe. Most countries have a zero tolerance for drunken driving accidents with tough legal consequences for the perpetrators. In Michigan, approximately 26.9% of all accidents are caused by drunk drivers with 32% of these being under 21 years of age. These accidents have the potential to cause immeasurable damage to families in the form of injury or death to loved ones. The increased costs of medical expenses and the loss of income may devastate the families even further. With no-fault insurance, drivers can receive benefits to cover such expenses and reduce the adverse effects of drunk driving on families.

No fault insurance in Michigan provides a reprieve for families by offering insurance coverage of lost wages and medical expenses incurred when drivers are involved in drunk driving incidents. It provides coverage for both parties involved and also for any legal dependents of the injured. The main principle of no-fault insurance is that the benefits are offered by the respective insurers of the affected regardless of the driver at fault. In this way, all parties, including the drunk driver can receive the benefits covered under the no-fault insurance policy. Speak with a Michigan auto accident lawyer at our firm today, we are ready to help you now.

The affected parties benefit from the recovery of all expenses incurred during the recovery and care of the injured person. The insurer will cover expenses such as medical mileage, help in addition to treatment expenses. Replacement services will also be covered to help the injured cope with changes in their mobility. Moreover, up to three years of lost wages resulting from the injury will be reimbursed.

Benefits for Drunk Driving Accidents Under No-fault Insurance in Michigan

An interesting part of Michigan’s no-fault insurance policy is that loved ones are also entitled to make claims from the insurer for survivor loss benefits. However, eligible family members have to prove that they are legal dependents of the deceased by falling under the category of children, or spouses. With adequate proof of relationship, family members can claim benefits in the form of income that would have otherwise been provided after tax deductions. Additionally, the insurer will also cover burial and funeral expenses together with a fraction any replacement services necessary to support the changed livelihood. A Detroit car accident lawyer at our firm can help you better understand your options after being hit by a drunk driver.

However, these benefits are still subjected to the timelines stipulated under the no-fault policy guidelines. Under the one year rule, all claims whether by the insured or their family members have to be made within one year of the accident. The insurer has to be notified of the accident and any resultant injuries within this timeline. Moreover, the injured can only recover benefits and expenses that date back one year from the date of filing of the lawsuit. Failure to follow the stipulated timelines may result in rejected applications and unpaid benefits. Therefore, it is necessary to file claims as soon as possible and work closely with an auto attorney to receive full PIP benefits.

Michigan auto attorneys provide guidance on the value of claims to be made and any additional legal steps to be followed. For instance, insurance adjusters usually try to defraud drivers by giving settlement offers in advance. Additionally, drivers can pursue legal claims against the drunk driver in a civil court even after filing for insurance claims. In some cases, the affected parties may even sue bar and restaurants who served the drunk driver. Speak with a Michigan car accident lawyer at our firm to learn about how you can file a Michigan car accident lawsuit.

The post Benefits for Drunk Driving Accidents Under No-fault Insurance in Michigan appeared first on The Law Firm of Elia & Ponto.

source https://www.eliaandponto.com/benefits-for-drunk-driving-accidents-under-no-fault-insurance-in-michigan/

Distracted Driving In Michigan Communities

Distracted Driving In Michigan Communities

Two of the leading causes of accidents on the road either fall in the category of distracted driving or driving under the influence of Alcohol. Researchers from the University of Michigan found that accidents caused by distracted drivers were double those of drunk driving in the year 2017. Accidents from distracted drivers are becoming more common and resulting in injuries and damage to property. Therefore, it is evident that distracted driving is a significant issue in the state of Michigan.

In Michigan, 24% of distracted driving cases were primarily caused by distractive electronic equipment such as phones or car radios. Statistical analysis reveals that approximately 23% of all cases occur on highways and 27% of the victims sustained at least one injury. A total of 73 deaths resulted from 60 distracted driving accidents involving pedestrians, cyclists, passengers, drivers and a snowmobile operator in the year 2017.

A distracted driver survey done by AAA in Michigan revealed that most residents highlighted texting as their main worry when driving. Most drivers admitted that they read text messages when they are driving despite the laws in place against such practices. In Sec. 257.602.b of Michigan’s anti-texting law, drivers are not permitted to read, type or deliver text messages through any communication device in their possession when driving a vehicle in the state. Offenders will be culpable for a fine of $100 for first-time offenders and $200 for subsequent offenses. A Car accident lawyer at our firm can help you understand Michigan No-Fault Insurance.

The Michigan communities with the highest rates of distracted driving were Detroit, Grand Rapids, Bloomfield Township, Sterling Heights, and Lansing. In terms of counties, Wayne County topped the list having the highest number of distracted driving cases together with Oakland, Kent, and Macomb respectively.  Being at the top of the list, Wayne county also recorded the highest number of deaths in 2017. If you or a loved one was recently injured in an auto accident, speak with a Michigan car accident lawyer at Elia & Ponto.

Generally, distracted driving is defined as any activity that deviates the attention of a driver from safely driving. It includes activities such as using a mobile phone, heated conversations with passengers, distractive in-car entertainment or looking at the navigator and maps. Consequently, the distractions can either be categorized as visual, cognitive or manual. Fundamentally, the reduced attention increases the probability of an accident occurring. A Michigan auto accident lawyer at our firm can help you file a car accident claim if you were involved in an auto accident.

How to avoid distractions when driving in Michigan

Due to the potential for harm and damage to property, it is essential for drivers to avoid distractions as much as possible. Some of the recommendations on how to avoid distractions revolve around prior preparation and self-control when driving. For instance, drivers should always be familiar with all the necessary equipment in the vehicle before proceeding to drive. All equipment such as radios or controls should be set when the vehicle is not in motion. Additionally, all loose items should be secured to prevent unnecessary movement during driving. A Detroit car accident lawyer at our firm can help you today!

Drivers should also express restraint by avoiding activities such as watching videos, playing games, texting, drinking, eating or using distractive equipment when driving. If it is necessary, the driver should ask for the assistance of a passenger or safely pack the vehicle. Additionally, distractions can also be reduced by having breaks to refresh when driving long distances. The driver should have sufficient rest before the drive and avoid medication of substances that are known to induce drowsiness. Practicing these behaviors will go a long way in reducing the possibility of accidents caused by distractions.

 

The post Distracted Driving In Michigan Communities appeared first on The Law Firm of Elia & Ponto.

source https://www.eliaandponto.com/distracted-driving-in-michigan-communities/