Boyer Law GroupFindLaw IM Template2024-01-09T19:36:41Zhttps://www.boyerlawpllc.com/feed/atom/WordPressOn Behalf of Boyer Law Grouphttps://www.boyerlawpllc.com/?p=526802024-01-09T19:36:41Z2024-01-09T19:36:41ZOverall scene shots
Try to get some shots of the overall scene of the accident first. These photos provide an overview and establish the context of the incident. Include street signs, traffic signals and any relevant landmarks to help recreate the scenario accurately.
Vehicle damage close-ups
Next, move in closer to capture detailed shots of the damage sustained by each vehicle involved. Focus on different angles and sides of the cars, trucks or motorcycles. Photograph any debris scattered around as well.
License plates and vehicle identification numbers
Document the license plates of all vehicles involved. Then, capture clear shots of the VINs, which are usually located on the dashboard or driver's side door frame.
Skid marks and road conditions
Photograph any skid marks on the road surface. They can help to determine the speed and direction of the vehicles involved. Also, document the general condition of the road, including potholes, construction zones or any other factors that might have contributed to the accident.
Injuries and emergency response
The year 2022 saw 42,939 fatalities as a result of motor vehicle accidents, according to the U.S. Department of Transportation. This does not include all those injured in an accident. While respecting privacy and sensitivity, document any visible injuries sustained by individuals involved in the accident. In addition, capture shots of emergency response vehicles, paramedics and police officers at the scene.
Witnesses and statements
Photograph any witnesses present at the scene. Capturing potential witnesses can aid investigators in locating and interviewing them later.
A well-documented series of photographs can be invaluable in understanding the dynamics of a motor vehicle accident.]]>On Behalf of Boyer Law Grouphttps://www.boyerlawpllc.com/?p=526622023-11-10T16:57:12Z2023-11-10T00:53:53ZBill Boyer, Michigan wrongful death attorney, at the Boyer Law Group to get the Boyer Promise.
Losing a family member is a traumatic experience for any family to endure, but when a loved one’s death was preventable, grieving becomes even more difficult. Grief can be even further worsened by financial hardships that may arise from the death, as medical expenses, burial costs, and loss of income can be devastating to a family.
Wrongful death lawsuits exist to compensate families for these types of losses. At the Boyer Law Group, we’ve handled wrongful death cases arising from all types of accidents such as truck and car accidents, trip and falls, boat accidents, along with other types of accidents. Based on our extensive experience as wrongful death attorneys, Michigan residents have come to trust the Boyer Law Group as one of the best in the business. The Boyer Law Group has obtained some of the largest settlements and verdicts.
WHAT DAMAGES CAN BE CLAIMED IN CASES?
While wrongful death lawsuits are similar to personal injury lawsuits, they differ as to the damages that are available to plaintiffs. A wrongful death lawsuit’s purpose is to compensate a family for the loss of their loved one but can include pain and suffering for the injuries sustained by their loved one before they died. Among the damages available to plaintiffs in wrongful death cases include:
• conscious pain and suffering
• Medical bills and healthcare expenses
• Costs of burial and funeral expenses
• Loss of wages and earning potential for the family
• Loss of consortium and companionship
Punitive damages, sometimes known as exemplary damages in Michigan, are available
in cases of extreme wrongdoing. The types of damages available in any given case
depend on where the case is filed and the specific facts at hand. While our team is based in Michigan, we have experience filing lawsuits across the country, and accident victims in any state should reach out to use for a consultation.
Proving a negligence case requires (1) a duty of care, (2) a breach of that duty, (3) an
injury, and (4) sufficient causation between the breach and the injury. The law requires
that people behave in a certain manner to ensure the safety of others.
The standard is the “reasonable person standard,” which means that every person has a duty to act reasonably. In other cases, specific duties of care apply to special
relationships, such as a business owner to a patron, but in all negligence cases, a plaintiff ust show unreasonable behavior.
In wrongful death cases, the law of negligence is applied in the same way – a family must show that in causing their loved one’s death, the defendant breached a duty of care owed to the deceased victim and thereby caused their death. Examples of negligence causing death include the following:
Care accidents caused by negligent driving
Worksite injuries caused by poor safety equipment
Death in a hospital caused by medical malpractice
A fatal plane crash caused by faulty aircraft
Slip and fall accidents resulting in death
PRODUCTS LIABILITY IN WRONGFUL DEATH ACTIONS.
Products liability cases arise from any faulty or defective product, including medication,
medical devices, consumer products, and equipment, and these cares are brought
against the manufacturer, distributor, or seller of the product. Products liability cases
represent the largest average jury verdicts of any type of personal injury lawsuit, as
according to the Insurance Information Institute, the average jury verdict in a products
liability case was more than $7 million in 2020.
Products liability cases are among the most complicated of all personal injury lawsuits,
as proving a products liability case involves a strict set of standards that must be met for
a claim to succeed. Cases can arise from defects in design, inadequate safety warnings, and defects in manufacturing. Our team at Boyer Law Group has extensive experience in products liability cases, including those causing wrongful deaths.
CONTACT BOYER LAW GROUP TODAY FOR A FREE CONSULTATION.
Boyer Law Group has been representing families in Michigan for over 50 years in wrongful death actions. Our reputation as a fighter of our client’s rights is backed up by million dollar verdicts and settlements, and if we are able to take your case, we will fight for your rights.]]>On Behalf of Boyer Law Grouphttps://www.boyerlawpllc.com/?p=526562023-10-06T01:02:45Z2023-10-06T01:02:45ZWhy an accident report is important
After an accident, it is not uncommon for individuals to be in a state of shock or confusion. Memories can be hazy, and recalling specific details becomes challenging. This is where an accident report comes in. Prepared by the police or relevant authorities, it offers a detailed, objective account of the incident. It is valuable when filing insurance claims or settling any disputes about responsibility.
Steps to obtain an accident report
If officers were present at the accident scene, they would have prepared a report, so you can ask the local police department or the sheriff's office how to get a copy of this report.
Visit the station. Some police stations might require a personal visit to request the report. In such cases, carry identification and relevant information about the accident, such as its date, time and location.
Fill out the necessary paperwork. There may be specific forms to complete when requesting an accident report. Be thorough and provide as much detail as possible.
Pay the fee. You may have to pay a fee when obtaining a report copy, so check the amount and know the acceptable forms of payment.
Receive the report. After submitting the request, there may be a waiting period before the report is available based on the specifics of the accident and the workload of the police department.
For convenience, check whether the local police department offers an online platform to request and receive accident reports. While not universally available, this can be a handy option in many areas.
An accident report following a car mishap provides a comprehensive record of the incident, which can be helpful for various post-accident procedures. Safe driving practices can help prevent accidents, but should one occur, it is always best to be well-informed and prepared.]]>On Behalf of Boyer Law Grouphttps://www.boyerlawpllc.com/?p=526472023-09-22T11:45:58Z2023-09-22T11:36:20Z
If you, your family or friends have been injured in a slip and fall or trip and fall accident within the last 3 years, call the BLG because the law has recently changed in Michigan and even if other lawyers have told you in the past that you do not have a case, Bill Boyer can win your case and get you the compensation you deserve.
The Michigan Court of Appeals, in its recently published decision, Encompass Healthcare, PLLC v. Citizens Insurance Company, COA No. 357225, November 17, 2022, provided some clarity to applying Michigan No-Fault Act’s “one year back rule” after the 2019 No-Fault reforms.
Traditionally, Michigan’s “one year back rule” limited an injured person’s recovery in first party No-Fault case to those losses that occurred no further back than within the year before the filing of the lawsuit. This rule was designed to encourage injured parties to timely pursue claims against insurers while evidence was fresh. Until 2005, Michigan courts applied a judicially created tolling mechanism not present in the actual language of the No-Fault Act which tolled the application of the “one year back rule” until a No-Fault claim was formally denied by the insurer. This meant you could claim no fault benefits incurred more than one year before filing the lawsuit if the insurance company did not formally deny your claim. This came to an end in 2005 when the Michigan Supreme Court’s held becaue the tolling provision was not in the statute, it could no longer be applied and barred all claims for benefits owed to insureds even if the claimed benefit was not formally denied.
However, as part of the 2019 No-Fault reforms, Michigan’s legislature codified the previous tolling mechanism in its amended version of MCL 500.3145, which now provides that the “one year back rule” is “tolled from the date of a specific claim for payment of the benefits until the date the insurer formally denies the claim.” MCL 500.3145(3).
This means even if the insurance company has not paid benefits owed to you that were incurred more than one year before you file a lawsuit, you can still sue the insurance company if they have not formally and specifically denied your claim.
If you think you might be owed such no fault benefits call Bill Boyer at the Boyer Law Group to get the Boyer Promise. [nap_phone id="LOCAL-REGULAR-NUMBER-3"] or [nap_phone id="LOCAL-REGULAR-NUMBER-1"]]]>On Behalf of Boyer Law Grouphttps://www.boyerlawpllc.com/?p=522922023-07-10T00:39:04Z2023-07-10T00:39:04ZThe impact of battery size
Still, the extra weight of the batteries and vehicles has an impact on road safety, with lighter vehicle drivers and occupants most at risk. Current EVs on the market exceed 6,000 pounds, with a GMC Hummer EV at 9,500.
When it comes to two vehicles colliding regardless of weight, the heavier vehicle pushes the lighter one backward, resulting in more force affecting the occupants of the less-heavy car. Two EVs involved in a collision could result in devastating consequences for any other drivers sharing the road.
Pedestrians and bicyclists are in particular peril regardless of the weight of any type of motorized vehicle. A vehicle with an EV battery can make a bad situation that much worse, even if the weight differential is nominal. Threats to walkers and bicycle riders from large vehicles have more to do with the height and shape that impact visibility.
Regarding accidents involving electric cars, the jury remains out on the true literal and figurative impact. Testing and higher safety standards are paramount when considering the growing popularity of EVs that could exceed traditional, gas-powered motor vehicles.]]>On Behalf of Boyer Law Grouphttps://www.boyerlawpllc.com/?p=522912023-04-07T18:44:24Z2023-04-07T18:44:24Zyou should know about distracted driving.
What is distracted driving?
Driving distractions are anything that removes your eyes, thoughts or hands from your driving tasks. For example, you may move your hands to change the radio station or eat, take your eyes off the road to check your navigation or think about your errands while you drive to the store. Any visual, cognitive or manual distraction places you at risk.
Who is most affected?
Unfortunately, teens and young adults more frequently drive distracted than those over 20 years of age. For example, a 2019 survey found that nearly 40% of teens admitted to using their phones to text and email while they drove.
Those aged 15-20 were more likely to drive distracted. In fact, those under 20 have a three times higher fatality rate in car accidents in which they were drivers. In addition, distraction was a factor in 58% of teen accidents.
How can you help?
You need to not only act as an example for your teens, but you should teach them about distracted driving also. Avoid distractions, especially looking at your phone, when you drive your teens around. Then, encourage them to take a driver’s safety course and teach them about the statistics associated with distracted driving. You can also support local laws that discourage distracted driving.
You have a responsibility to learn about the dangers you and your children could face on the road, and you can be an example and voice in your community to promote healthier driving habits.]]>On Behalf of Boyer Law Grouphttps://www.boyerlawpllc.com/?p=522892023-01-04T22:21:44Z2023-01-10T22:20:48ZYour right to remain silent
Among the rights you hold when stopped by the police, your right to remain silent is one of which you are likely already aware. You must provide your name when asked, but beyond that, you may voice that you wish to remain silent during the stop and following an arrest, if one occurs. Remaining silent can benefit you by preventing the risk of accidentally admitting guilt to driving under the influence or any other crime.
Your rights against a wrongful stop
It is generally necessary for police officers to have a valid reason for conducting a traffic stop, such as when a driver exhibits poor vehicle handling that might indicate intoxication. While officers can benefit from the interpretive nature of the vehicle code, it is still important for you to know how the possibility of a wrongful stop might benefit your case.
Following a DUI stop, it is crucial that you collaborate with your legal team to build the best defense possible. If you exercise your rights responsibly, you will reduce the risk of harming your own defense in the process.]]>On Behalf of Boyer Law Grouphttps://www.boyerlawpllc.com/?p=522872022-10-10T18:50:40Z2022-10-10T18:50:40ZMyth: If you are still conscious, the injury is not that serious
While the loss of consciousness can indicate a serious head injury, it is possible to have a traumatic brain injury and never lose consciousness. You may even walk away from an accident feeling fine only to have symptoms appear hours or days later. The only way to truly determine the extent of your head injury is to seek medical attention.
Myth: Doctors can always find TBI on a CT scan or MRI
To diagnose a brain injury, doctors must evaluate many factors, including:
How the injury occurred
How much force was involved
Whether you lost consciousness
Your ability to move and speak
Your ability to understand and follow directions
While your doctor may order a CT scan, MRI or x-ray to look for bleeding or skull fractures, these tools can not detect every possible brain injury.
Myth: A person with TBI should not go to sleep
Many people believe that a person with a concussion or other brain injury should stay awake or avoid sleeping for more than an hour at a time immediately following the injury. In reality, rest is important for any injured body part, including your brain. Unless your doctor tells you otherwise, you should get plenty of rest after a brain injury.
The effects of a traumatic brain injury can last a lifetime. If you have experienced an accident and suspect you might have a brain injury, prompt medical attention is essential.]]>On Behalf of Boyer Law Grouphttps://www.boyerlawpllc.com/?p=522852022-08-26T19:45:33Z2022-08-26T19:45:33Zsevere injury with long-term effects.
Can a rear-end collision cause paralysis?
When another vehicle strikes your car from behind, the impact puts a particular strain on your back and neck. Whiplash is a common and relatively harmless result of such an impact, but the effects can be far worse if the other vehicle is significantly larger than your own and travels at a very high speed. In a worst-case scenario, you might experience tearing or severing in the spinal cord. The resulting condition may be quadriplegia or paraplegia, implying partial or complete paralysis below the point of injury.
Can you get compensation for your injury?
After a life-changing injury, you deserve financial compensation to help you afford proper treatment and maintain a consistent quality of life. Proving fault in a vehicle accident is a necessary part of this process. Be aware that if your crash involves a large commercial vehicle, liability might also lie with the trucking company, maintenance crews, and any other parties that bear responsibility for the vehicle's actions on the road.
You will always be a little safer when you acknowledge that catastrophic injury can occur at any time on the road. Be aware of the longer stopping distance of large vehicles behind you, and remember that you have options for pursuing compensation if you do experience a severe accident.]]>On Behalf of Boyer Law Grouphttps://www.boyerlawpllc.com/?p=519282022-06-16T05:50:58Z2022-05-30T21:33:46Z high speed crashes result in the most significant injuries and increase the chances for fatalities.
In fact, speed is a common factor in all accidents. Studies have shown that increasing speed limits on roadways can even lead to more crashes.
General data
In general, data supports not exceeding a posted speed limit if you wish to avoid an accident. Where speeds are lower, any crash that does occur is likely to be less severe. Higher speeds naturally lead to more devastation in a collision.
The relation between speed and injury
There are a few reasons why speeding increases the chances of catastrophic injuries in a motor vehicle accident situation. The basic laws of physics are at play. The increased force that results from speed leads to a stronger impact. In addition, speeding creates a dangerous situation because it takes much longer to stop and reduces the reaction times a driver has. Speeding also makes it harder to maneuver a vehicle and stir out of the path of danger.
Another issue that comes with speed is vehicles do not have designs meant to handle the impact caused by increased speeds. Safety systems may not offer much protection in these scenarios, which also leads to more severe injuries.
As speed increases, so do the chances of a more severe injury. Anyone recreating an accident will always try to figure out the speed at which the vehicles were traveling because it is such an important factor in a crash.]]>