Detroit's struggle with police brutality is well known across the country and especially among students who attend Detroit's high schools.
At a recent presentation of the Detroit NAACP program, "Stops and Cops: A Youth Survival Guide for Police Encounters," students considered situations that they acknowledged seemed familiar.
]]> A panel of judges, lawyers and police took questions from students about how to handle police stops and other issues. The presenters reviewed hypothetical situations and talked about possible responses to trigger behaviors. The group also discussed how the legal system handles incidents where police stops get out of control.The panel advocated politeness and keeping one's hands visible as concrete ways for private citizens to productively handle interactions with police.
The Detroit NAACP developed the curriculum with the express intent of preventing another killing like the one recently in Florida where an unarmed teenager was shot to death by a neighborhood watch volunteer.
Police brutality is a serious violation of a victim's civil rights. However, it can be very difficult to hold police officers accountable for their actions. Reporting an incident of police brutality to the police can be a mistake because it gives the department an opportunity to do whatever it can to make the allegation go away. Sometimes victims who report brutality to the police are themselves arrested as officers try to obscure their culpability.
Police departments will also fight accusations of brutality vigorously in court. A common legal defense is qualified immunity, which argues that as long as a police officer acts in good faith in the line of duty, the department and the officer should not be liable for any harm to the victim.
In the event that a police stop spins out of control, it is important to remember that victims have rights and that opportunities to seek justice exist. An experienced attorney can help.
Source: Detroit Free Press, "Detroit teens get lessons in safe cop encounters," Megha Satyanarayana, May 6, 2012
]]>The high school student was lucky not to have suffered injuries worse than possible broken bones. Usually, when cars hit pedestrians the results can be far more tragic. The heavy weight of a motor vehicle, combined with its speed can easily cause catastrophic injuries.
Pedestrians including walkers, joggers, runners and even cyclists are all at a significant disadvantage when hit by a car.
]]> Several factors can contribute to pedestrian accidents. Sometimes drivers do not see the pedestrian. Drivers sometimes fail to yield to pedestrians. The condition of the street might contribute to an accident. Even though pedestrians can make things more difficult for drivers by failing to cross the street at designated crosswalks, drivers always have the responsibility to be very careful around pedestrians.Pedestrians injured by cars are entitled to personal injury protection insurance coverage from the state of Michigan and can obtain medical help regardless of whether they have health insurance.
Pedestrian victims can seek compensation from the driver's insurance company, but the insurance companies will try to minimize their payout. If a fair settlement with the insurance company is impossible, injured victims might consider taking their cases to court. Possible damages include pain and suffering, lost wages, medical expenses and other losses.
In the event of a fatal pedestrian accident, Michigan law permits compensation for losses such as lost wages, loss of companionship, funeral expenses, medical expenses incurred before death and other expenses.
Pedestrians of all kinds deserve safe passage on Michigan roads. Negligent, or reckless, drivers should be liable for neglecting to consider that roads are not just used by cars.
Source: WXYZ-TV, "Student rushing to school hit by car on 8 Mile," Kim Russell, April 27, 2012
]]>Victims of car accidents, such as the SUV driver in this case, can incur substantial expenses for medical treatment, frequently suffer lost wages and may be entitled to compensation for pain and suffering. Often auto accident victims also have to contend with property losses due to the damage to their cars.
]]> Insurance companies, in the interest of keeping their costs down and profits up, will resist paying anything other than the lowest possible compensation for losses in a car accident.Getting the insurance company to pay fair compensation to victims in auto accidents requires familiarity with the different kinds of claims allowed in Michigan. Personal Injury Protection claims allow victims to access compensation based on the premiums that they have paid up to the point of the accident. PIP compensation can include lost wages, medical expenses for the life of the victim, any necessary maid or home care services and other costs. A victim can file a PIP claim no matter who was at fault in the accident.
Victims have other options in seeking fair compensation for their injuries. If the accident involves a party at fault who does not have insurance or has insufficient insurance, it is possible for a victim to seek compensation, within limits, from his or her own insurance carrier.
Car accident victims might also consider whether a negligent third party caused losses. If so, the negligent party could be liable for damages not covered by the insurance company.
Navigating the complex world of insurance following a traumatic motor vehicle accident can be confusing and difficult. Victims in car accidents might consider seeking the help of an experienced attorney in negotiating with the insurance company and obtaining the best compensation possible.
Source: CBS Detroit, "Car Slams Into Semi-Truck On Fort Street," April 20, 2012
]]>Earlier this month, police participated in a shootout at a housing complex. Investigators estimate that at least 30 bullets flew through the complex.
]]> A community advocate against police brutality claims this is the first case in 16 years where every single witness and otherwise relevant party agrees that the victim was not armed. The Michigan State Police are investigating the incident.Police officers are bound by a duty to maintain calm and treat citizens with respect. Frequently, however, officers breach this duty and use inappropriate force when they are afraid or a situation is out of control. Police misconduct represents a serious rights violation and is unacceptable.
Victims of excessive police force, potentially including the victim in this case, may seek compensation for damages including lost wages, pain and suffering, medical expenses and other economic losses.
When an on-duty police officer physically harms a citizen, it is wise for the victim to seek the advice of an experienced attorney. Police departments vigorously fight claims of misconduct and excessive force because they know that if a claim is proven it will result in a higher level of scrutiny. However, an attorney will fight to get victims of police brutality the compensation they deserve.
Source: WXYZ, "Family of a man shot by Inkster Police claim officers used excessive force," Glenda Lewis, April 13, 2012
]]>The study's lead author notes that pedestrians and passengers fare slightly worse than drivers. The study also estimates that the extra fatalities result in around $40 million annually in losses to the community.
]]> Analyzing numbers from the National Highway Traffic Safety Administration, researchers found that on Tax Day, roads were more crowded with drivers going places they were not used to going. Other studies indicate that risk of an accident increases when drivers alter their daily routine. On Tax Day, this could include negligently hurrying to the post office to mail tax returns.Although the precise reasons for the increase in road fatalities on Tax Day are unknown, some speculate that a number of factors could contribute, including drivers rushing to file their taxes or drivers experiencing stress because of their taxes. Unfortunately, even electronic filing does not appear to have affected the tendency toward Tax Day's deadlier roads.
Involvement in a car accident on Tax Day could add stress to an already stressful time of year. Victims of car accidents might consider seeking help after a car accident in working with insurance companies towards a fair settlement. Victims' family members may also be able to seek compensation for damages including lost wages, loss of companionship, medical and funeral expenses and other economic losses.
Source: The Detroit News, "Study: Road deaths up on Tax Day," Lindsey Tanner, April 11, 2012
]]>The driver of the SUV was not injured but easily could have been. Drunk and reckless drivers make our roads dangerous and they should be held accountable for their poor decisions. Often, though, the biggest battle for victims of car accidents and their families occur with the insurance companies.
]]> The state of Michigan requires all drivers to carry auto insurance. Victims of auto accidents are entitled to first party, or personal injury protection, benefits based on the premiums they have paid into their policies.Sometimes drivers violate the law and do not carry insurance. Victims in car accidents where the other driver is underinsured or not insured can potentially file a claim with their own insurance company.
Michigan law also allows motor vehicle accident victims to file a personal injury lawsuit against any negligent party. Damages in personal injury lawsuits typically include lost wages, medical expenses, pain and suffering as well as other economic losses.
Car accident victims, like the driver of the SUV in this case, might also consider seeking help to obtain compensation for damage to property.
Car accident victims would be wise to consult with an experienced personal injury attorney. An attorney can help an individual obtain the compensation they are entitled to.
Source: The Detroit Free Press, "Driver ejected from pickup truck in 2-car crash that closed I-75 in Troy overnight," April 4, 2012
]]>A simple traffic stop late last month in northwest Detroit led to a car accident that caused serious injuries. After stopping momentarily for police, a driver in a burgundy sport utility vehicle fled, ran a red light at a high rate of speed and crashed into a sedan driven by a 78-year-old man.
]]> Paramedics took the man to the hospital. He was reportedly in critical condition following the auto accident. The driver of the SUV also sustained injuries.Sources report that the SUV contained a powdery white substance, which may have been why the driver fled from police.
The driver of the SUV in this case is potentially liable for the injuries and property damage caused by his negligent and reckless actions. If the driver of the SUV is underinsured or uninsured, the victim might be able to seek compensation from his own insurance company.
Damages can include lifelong medical expenses, loss of income, cost of rehabilitation and other economic losses. In the event that the police officer in this case recklessly disregarded the safety of others during the chase, the city might also be liable for the victim's injuries.
After an accident, it is often best to consult with an experienced attorney. An experienced attorney can assist auto accident victims and their families in obtaining full and fair compensation from all responsible parties.
Source: WXYZ, "Police chase ends in accident on Detroit's northwest side," March 22, 2012
]]>Still, situations arise where officers use excessive force. Family members of a Redford Township man who was shot by a SWAT team are filing a lawsuit against the township in federal court. The suit alleges that police wrongfully killed the man, who suffered from bipolar disorder, as he hid in a closet during a 10-hour standoff in December 2008.
]]> A central question in the case is whether the man shot at police first. Experts involved in the case maintain that the man never fired at police. However, the police claim that the man fired first.Attorneys for the officers are encouraging the application of an objective standard that addresses the question of whether a reasonable police officer would have done the same thing in the same situation.
The victim's family alleges that the township's police department suppressed information about the killing and refused to address their concerns. They are hoping the real facts of the case come out in the lawsuit.
Victims of police brutality may be able to seek compensation for losses in civil court. Family members of individuals wrongfully killed through the improper use of deadly force may also have a claim for damages. Victims of police brutality and their family members should consider speaking with an experienced attorney as soon as possible after an incident.
Source: WXYZ, "EXCLUSIVE: Family suing Redford Township Police Department for the deadly shooting of their son," Julie Banovic, Mar. 20, 2012
]]>Street racing disregards the safety of everyone using the roads including other motorists, pedestrians and bystanders. Those participating play a dangerous game that can have dire consequences, as evidenced by this recent accident.
]]> The surviving victim in this case may be able to seek compensation from the negligent driver through a personal injury lawsuit. The surviving victim might consider seeking damages to cover lost wages, medical expenses, damage to property, pain and suffering and other economic losses.Although nothing could ever adequately address the deceased woman's loss to her family, there is potential recourse in civil court. A victim's family members may be able to file a wrongful death lawsuit. Wrongful death lawsuits allow surviving family members to seek compensation for losses that are not available through other personal injury suits. Damages in wrongful death claims can potentially include loss of companionship, medical expenses incurred before death, lost wages, funeral expenses and other economic losses.
Victims of auto accidents and family members who have lost a loved one in an accident can seek assistance in determining the best course of action by speaking with an experienced personal injury attorney.
Source: The Detroit News, "Police: Street racing leads to fatal crash in southwest Detroit," Laura Phelps, Mar. 9, 2012
]]>Residents of targeted neighborhoods report being approached by officers, sometimes at gunpoint, in their cars, on the sidewalk and even on their own property. Yet often the tickets they are issued are thrown out once they are disputed in court.
]]> Now, more than two dozen people are a part of a lawsuit against the city of Detroit for law enforcement's inappropriate ticketing habit.Although the wave of groundless tickets goes back as far as last fall, the latest increase in harassment is occurring as Detroit implements a new initiative called, "Broken Windows." The goal of this program is to dramatically increase police presence on the streets of the city.
Claiming a spiral of violence that starts with nuisance crimes, police are increasingly choosing to target minor violations even though the serious crime rate in Detroit remains alarmingly high.
Police misconduct is a serious breach of duty. False accusations and arrests for the purpose of intimidation violate the individual rights of law-abiding citizens. Additionally, it undermines neighborhood confidence in the police.
Harassment by the police in this manner, at the least, humiliates people who are going about their daily lives. At the worst, such harassment can result in false arrest and detention in Detroit's jails. Residents who are falsely accused of breaking the law can challenge tickets in court. Those who believe they have been wrongly accused would be wise to consult with an experienced attorney.
Source: WXYZ, "More metro Detroiters come forward with flimsy tickets linking them to hookers, drug dealers," Ross Jones, Mar. 1, 2012
]]>The driver originally stopped for police on Eight Mile Road and, after handing his license to the officer, sped away. After stopping the car again with a police car barricade, officers administered a sobriety test and the driver's blood alcohol content registered at 0.18.
]]> The driver had at least one previous conviction for OWI and was wanted for arrest in several other jurisdictions. The driver's license had been suspended 13 times.Drunk drivers can be a serious menace on our roads. Even a very small amount of alcohol makes a fatal accident more likely.
A recent study indicates that accidents involving drivers with very low blood alcohol levels are more likely. The study shows that drivers who are mildly buzzed often skip wearing their seat belts, speed and hit other cars.
In this recent case in Detroit, the driver sped through a residential area. The police officer also followed at a high speed. High-speed driving is especially dangerous, and if a pedestrian or another vehicle had been hit by either car, the results could have been catastrophic.
Victims of accidents involving drunk drivers may be able to seek compensation from the driver's insurance company and potentially the driver. A victim can sue for pain and suffering, medical expenses, lost income and other losses. The family of a victim may also be able to bring a wrongful death lawsuit against the negligent driver.
Source: Daily Tribune, "Ferndale police arrest two after crashes," Feb. 28, 2012
]]>The girl was on her way home from a restaurant with her mother and 10-year-old sister. Witnesses said that the six-year-old ran across the busy street, following her mother and sister, just as the light for drivers changed to green.
]]> According to police, one driver stopped fast to avoid hitting the mother and ten-year-old. The driver of the SUV that hit the six-year-old was unable to see her. They attempted to stop, but it was too late.This truly unfortunate accident reminds us that busy roads are dangerous for walkers, runners, joggers and cyclists who are no match for the size and weight of a vehicle. Drivers of vehicles have a responsibility to watch for pedestrians at all times.
Pedestrians hit by vehicles are often badly hurt and may wish to seek compensation for losses, such as medical expenses, loss of income and pain and suffering.
This accident was not a hit-and-run, but drivers sometimes do panic after hitting a pedestrian and leave the scene. However, even when the driver's identity is not known, accident victims in Michigan have the right to seek compensation for their losses.
Residents should be aware, though, that insurance companies can be difficult to deal with in such negotiations. Working with an experienced personal injury attorney can be beneficial for families to determine the best course of action.
Source: The Macomb Daily, "Warren girl hit by SUV still in critical condition," Norb Franz, Feb. 23, 2012
]]>Under the initiative, minor violations such as cracked windshields, broken taillights and loitering will be targeted with the intention of preventing more violent behavior.
]]> It may be difficult to understand the extra effort directed at these matters when for a number of years Detroit's crime rate has been among the highest in the nation. In 2010, there were 308 homicides. In 2011, that number increased to 344. Since the beginning of the year, there have already been close to 40 homicides.In 2010, Detroit's reports of murder, robbery, assault and rape decreased by 7,300. Viewed against the decreasing population in the city, however, the rate of violent crime in the city per 100,000 people is still high.
Why would police pay extra attention to minor crimes when serious crime is still such a problem? Officers say that they feel more connected to neighborhoods when they respond to complaints of minor crimes.
Critics, however, worry that increased police presence means more racial profiling, wrongful stops and arrests and an increased potential for police brutality.
In the past, even the police have acknowledged increased complaints of potential brutality when officers are sent to hot spots in advance of suspicious activity. In particular, the department's gang strike force's policy of increased neighborhood presence generated an increase in police brutality complaints of about 200 percent in 2010.
Police brutality is a crime, and a much more serious one than a cracked taillight violation. Victims of police brutality, whether linked to the "Broken Windows" initiative or otherwise, should know that they have the right to seek justice.
Source: Detroit Free Press, "Detroit trying 'Broken Windows' community policing," Corey Williams, Feb. 12, 2012
]]>The self-made success was known as a "treasured author" whose readers often "found inspiration in all of his books." He was only 53-years-old when his life was abruptly and unexpectedly ended.
]]> The branch manager of the West Bloomfield Main Library said that the man's elegant prose "was such a gift to all of us." An avid reader of his said quite eloquently herself that "He had an amazing wit and sense of timing. His delivery, his sense of humor, and his natural curiosity would have made you remember him if you met him on the street and had no idea of his works."Fatal car crashes are generally described by using the word accident -- a term we even referenced in this post. However, the word accident is not necessarily suitable for many vehicle collisions. By definition an accident is a mishap or an unfortunate event that happens by chance. But if you ask an accident victim's family, they would not describe the situation as unfortunate. In many accidents there is a negligent party who is liable for the damage that he or she has caused to others.
If you have lost a loved one in a serious car accident, the law does not say "sorry for your unfortunate loss." A wrongful death lawsuit can hold a negligent party responsible for their actions.
**We have chosen to leave the individual's name out of our posting to respect his privacy.
Source: West Bloomfield Patch, "Community Will Celebrate Life of Author Jeffrey Zaslow at His Funeral Today," Timothy Rath, Feb. 13, 2012
]]>The pedestrian accident occurred in the early afternoon on Saturday, Feb. 4. Fortunately, police say they know the identity of the suspect.
]]> Drivers who lose their temper on the road and those who are careless can be extremely dangerous, especially to pedestrians. A car is not a toy, and even someone driving at a low speed can seriously injure or kill a pedestrian. However, the violence shown by this young driver brings road rage to a frightening level.Victims of road rage may be able to seek compensation through a personal injury lawsuit. In the event that a road rage incident results in death, the family of the victim could potentially initiate a wrongful death claim. The money can be used for funeral expenses, lost wages, medical bills and any pain and suffering that resulted from the accident. When drivers are negligent or deliberately reckless, they should be held accountable.
Residents in Michigan who have been injured in an accident of any kind would be wise to consider speaking with an experienced personal injury attorney. An attorney can investigate a case and fight for the compensation that an individual is entitled to.
Source: Detroit Free Press, "Woman struck by car after argument in Detroit," Tammy Stables Battaglia, Feb. 7, 2012
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