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Brain Injury Verdict in Lenawee County

A traumatic brain injury victim in a Michigan car accident recieved justice today in a Lenawee County courtoom.  A  jury returned a verdict in a car accident case in favor of the accident vicitm for approximately $2,000,000.00.  This is a substantial verdict in for Lenawee County where jurors are considered conservative when awarding compensation to injury victims.  The accident victim suffered a closed head injury in the accident.

The negligent driver had insurance company with Farm Bureau Insurance Company.  Incredibly, the insurance adjuster offered only $100,000 before the trial to settle this serious injury case.  Well, the jury clearly saw through the smoke and mirror defense and the adjuster grossly underestimated the magnitude of the case, and the tremendous skill of the lawyer for the accident victim.  There will most likely be significant penalties awarded against the Defendant in this case and the insurance company will be probably be required to foot the bill, as it should.

Kent City Car Accident Kills Two

I just came across a news report in The Grand Rapids Press about an Kent City accident yesterday that killed two people and critically injured another.  Nicholas Zakarzecki, 25, and Timothy Grice, 42, both suffered fatal injuries in the accident.  A passenger in the Zakarzecki vehicle, 31 year old Tabitha Ensing, of Newaygo, suffered significant injuries and was taken to Spectrum Butterworth Hospital for treatment.

At this point, police believe that Mr. Zakarzecki ran a stop sign and collided with the F150 being drivin by Mr. Grice.  Based upon the speed of the vehicles, the injuries and damages were both fatal and catastrophic.  The Kent County Sheriff’s Department continues to investigate the accident.

My deepest sympathies go out to the family and the friends of the two who died in the accident.  My best wishes for a speedy recovery go out to Ms. Ensing who suffered serious injuries in the collision.

I often represent Michigan car accident victims and their families in tragic accidents, like this one.  There are several possible causes of action that can be taken by all victims of this accident.  If the police do determine that Mr. Zakarzecki was at fault in the accident, the family of Mr. Grice can pursue a Michigan Wrongful Death Action against him.  Ms. Ensing could also sue him for her injuries in the accident.  Even though he died in the accident, claims can be made against his auto insurance company and his estate.

Michigan no-fault insurance claims can be made by everyone in the accident.  For Ms. Grice, this would be claims against the designated car insurance company for medical bills, lost wages, and other benefits related to her care and recovery.  For the two who died in the accident, their families can make survivor loss benefits claims.  This is true even for the person who is determined to be at fault in the accident.

It is important to hire an attorney as soon as possible after the accident to preserve evidence and to make sure that all insurance claims are filed before any deadlines.  For more information on these types of claims, you can visit my website at www.BuckfireLaw.com or call me at (800) 606-1717.  You can also request our book, “The Ultimate Michigan Car Accident Handbook,” for FREE by clicking on the book link.

Michigan Motorcycle Accident Lawyer: Insurance Issues

Michigan motorcycle insurance accident lawyers must have specialized knowledge in insurance claims that can be made by an injured biker.  The Michigan no-fault insurance laws for these motorcycle insurance claims can be complex and confusing.  In order to receive insurance benefits, the motorcycle must be insured with liability coverage.  It is not required that the bike have no-fault insurance benefits.

 

Once insurance for the claim is verified, the accident and injuries must “arise” from another motor vehicle, which would be either a car or truck.  In many instances, there would be actual contact or a collision between a motor vehicle and the motorcycle.  This clearly satisfies the “arise” requirement to qualify for No-Fault benefits.

 However, many Michigan motorcycle accident insurance companies and  attorneys do not know that there does not have to be actual contact with the motor vehicle to have the accident “arise” from the use of a motor vehicle.  There is no requirement that the motorcycle actually collide with or be struck by either a car or truck, but rather that there was some involvement with the motor vehicle that caused the accident. 

 

For example, if the motorcycle was forced off of the roadway by a motor vehicle, the accident would arise from the use of a motor vehicle.  Or, if two motorcycles collided because a truck unlawfully entered into a lane of traffic and caused the bikers to collide, it would arise from the use of a motor vehicle.  This is a very important distinction which must be evaluated on a case by case basis.

 

The relevant law regarding this issue is below for your review.  These issues become complicated and you should speak to a lawyer as soon as possible after your accident to discuss your rights.  Feel free to call me anytime and I will be happy to give you legal advice and answer your questions.

Sec. 658. (1) A person propelling a bicycle or operating a motorcycle or moped shall not ride other than upon and astride a permanent and regular seat attached to that vehicle.

(2) A bicycle or motorcycle shall not be used to carry more persons at 1 time than the number for which it is designed and equipped.

(3) A moped shall not be used to carry more than 1 person at a time.

(4) A person operating or riding on a motorcycle, and any person less than 19 years of age operating a moped on a public thoroughfare shall wear a crash helmet on his or her head. Crash helmets shall be approved by the department of state police. The department of state police shall promulgate rules for the implementation of this section pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.315. Rules in effect on June 1, 1970, shall apply to helmets required by this act. This subsection does not apply to a person operating or riding in an autocycle if the vehicle is equipped with a roof which meets or exceeds standards for a crash helmet.

(5) A person operating or riding in an autocycle shall wear seat belts when on a public highway in this state.

Motorcylists are very knowledgable and obey the rules of the road.  Their injuries and accidents are typically the result of careless motorists and truck drivers who ignore their rights

Michigan Brain Injury Program Receives Grant

The Southeastern Michigan Traumatic Brain Injury System was awarded a grant for $1.7 million from the U.S. Department of Education’s National Institute of Disability and Rehabilitation Research.  The program is affiliated with the DMC Rehabilitation Institute of Michigan and offers care to people with brain injuries.

This grant is a great boost for traumatic brain injury and closed head injury patients in Michigan.  My personal injury law firm handles a significant number of brain injury cases, most of which arise from car accidents, motorcycle accidents, fall injuries, and other types of trauma.  Our clients who treat with the best clinics show substantial improvement and have the best prognosis, even if they do not achieve full recovery.  The DMC program already enjoys a great reputation and this grant will certainly help improve the quality of treatment and care provided at that facility.