Lawyers’ Corner Case Updates

Every day, more than 800,000 vehicles in the United States are being driven by someone using a hand-held cell phone. Given these numbers, it is no surprise that distracted driving is a leading cause of automobile accidents. Distracted driving is defined as any activity that takes the driver’s attention off the roadway….

More pedestrians than ever are dying in traffic accidents across the United States. According to a report from the Governors Highway Safety Association (GHSA), although there has been an overall decline in traffic-related fatalities throughout the country, the death toll for pedestrians has risen sharply during the past decade. The GHSA report…

It has been several years since the Michigan Court of Appeals issued its groundbreaking decision in Bahri v IDS Property Casualty Ins Co, holding that alleged fraud by an insured void the entire no-fault policy, thereby eliminating the insurance company’s obligation to pay benefits. Although the Bahri ruling was appealed, the Michigan Supreme Court declined…

When you’re injured in a Michigan car accident, your own no-fault insurance company pays personal injury protection (PIP) benefits. These benefits include medical costs and other allowable expenses, work-loss benefits and replacement services. However, in cases where a person has died, been disabled or suffered a serious impairment in an auto accident,…

The innocent third-party rule was abolished in Titan Ins Co v Hyten, 491 Mich 547 (2012), according to a 5-2 Michigan Supreme Court in Bazzi v Sentinel Ins Co. However, the Supreme Court majority also said the Court of Appeals in Bazzi erred in finding that the insurance company was automatically entitled to rescission of the…

Every motorist in Michigan is expected to carry auto insurance. Most believe that their policies will protect themselves and any family members who are injured in a wreck. But not so fast — if your auto insurance policy has a step-down clause, you may find that your family members have…

The innocent third-party rule in cases of insurance fraud was abolished by the Michigan Court of Appeals nearly two years ago. Now, the rule’s fate rests with the seven justices of the Michigan Supreme Court. The innocent third-party rule has been part of Michigan no-fault jurisprudence for more than four…

When motor vehicle accidents happen on the job, one of the first questions for auto accident attorneys is whether the injured party was an employee or an independent contractor. A recent Court of Appeals decision applies the economic reality test to make that decision. Is a pig transportation semi-truck driver…

Life after a severe auto accident can be hard. Depending on the initial injury, even walking can become a challenge. But can secondary injuries resulting from a disability give rise to no-fault benefits? The Michigan Court of Appeals recently took up the issue. Secondary injuries are an unfortunate consequence of…

Most auto accident lawsuits involve traditional cars, trucks, and SUVs. But occasionally a case comes along involving special mobile equipment. A published opinion from the Michigan Court of Appeals recently clarified how the Michigan No-Fault Act applies to this unique class of vehicles. There are vehicles on the road today…