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! 

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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.

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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.

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