Wednesday, June 24, 2009

Michigan Truck Accident Lawyer Debates Truck Safety

by Steven M. Gursten

Photo of Steven M. Gursten
With one in four trucks dangerously out of service, why is the truck lobby fighting safety efforts?
Last year, 22 percent of all trucks failed a roadside inspection. These trucks were found so dangerous that they were immediately taken out of service. Keep in mind the inspection dates were announced four months in advance and widely publicized within the trucking industry.
Last year, nearly 5,000 people were killed in truck crashes throughout the country, and more than 80,000 people were seriously injured.
Also last year, nearly one percent of all drivers were found under the influence of drugs and alcohol.  Sounds like a small number, but with 9.25 million trucks and buses on our roads, that comes out to 92,500 truck and bus drivers impaired by drugs and alcohol. That number is nothing to scoff at.
The problems are getting far worse, not better.  This year, the U.S. Government Accountability Office released a report indicating that more than 500 unsafe trucking companies ordered shut down by the federal government are still continuing to operate under different names. In addition, another 1,000 trucking companies that have incurred fines and serious safety violations are operating under new names, but with the same owners, employees and trucks.
You might think that everyone would agree it's important that trucking companies comply with mandatory safety rules that are meant to protect us all. Trucks are, after all, inherently dangerous. But my experience recently proved otherwise.
On Monday, August 31st, I had a live, one-hour, on-air debate with the public relations director for the American Transportation Association, on the Sirius Radio Road Dog Trucking station, Channel 147. As past-president of the Interstate Truck Litigation Group for the American Association for Justice, I was asked to present the information to the listening audience, field questions, and debate the industry position that truck safety efforts are "dramatically improving."
This interview was in response to my initial report on dangerous truck companies in Michigan. Last week, the American Association for Justice released my project on a national scale, showing an astounding 28,000 trucking companies - representing more than 200,000 dangerous and unsafe trucks - with significant safety violations.
I was incredibly disappointed to see that the largest lobbying group for the trucking industry engage in typical industry talking points denying a problem exists, rather than working with consumer safety groups and the federal government to improve on the problem of dangerous, out of service trucks on our roads.
Instead of meaningful debate, I had the pleasure of being called an "ambulance chaser" on national radio.  The lobbyist for the trucking company spent a lot of his time talking about supposed frivolous cases; whether they are actually real or urban myths is uncertain. He spent very little time dealing with the details and facts of the AAJ report itself. And that is by far, the most disheartening aspect of all.
As to being called an ambulance chaser by a hired gun lobbyist, the question I want to pose is, Why would myself and many other like-minded, concerned lawyers  donate so many hours and so much money to improve truck safety?  Isn't that bad for my business? Wouldn't I want as many dangerous truck drivers and bad trucks on the roads as I can get?  It was a stupid thing to say, but I guess if you are the lobbying group for the trucking industry and you don't want to participate in significant efforts to improve public safety, and you don't have the facts, you may as well hurl as many insults as possible.
My point is, we have a real opportunity to work together to help improve a public safety crisis. Consumer advocacy groups, government and the trucking industry together can fix a real problem that endangers everyone. We can really try to lessen the number of dangerous, out-of-service trucks on the road. Instead, the American Trucking Association spent its time on typical talking points and bashing truck accident lawyers.
In the first week of September, I will further discuss the startling numbers of out of service trucks and impaired truck drivers, and why they're most likely just the tip of the iceberg.
Steve Gursten is recognized as one of the nation's top experts in serious truck accident injury cases. He is on the executive board of governors representing Michigan for the Association of Plaintiff Interstate Trucking Lawyers of America. Steve has received the largest jury verdict for an automobile accident case in Michigan in four of the last seven years, including 2008.
Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout Michigan. We are the largest law firm in the state exclusively specializing in truck accidents. For more information, please read our law firm quick facts.

Friday, June 12, 2009

Michigan Drunk Driving: Driver's License Restoration; Clearance and Restricted Privileges

by Ian A. Caldwell

www.caldwelldefense.com.
In Michigan, there are specific alcohol/drug related driving offenses which result in a driver's license revocation upon conviction.  Usually the license revocation occurs after a person has obtained multiple drunk driving convictions within a certain time period.
After the revocation period has run, the person then becomes eligible to apply for driving privileges.  Under the application or re-instatement procedure in Michigan, there are two different procedures available depending on the applicant's circumstances.  The first available procedure is an "Administrative Review" and the other is the "In-Person" or "Video" Hearing.
The Administrative review is available to a person who: 1.) is an out-of-state or non-Michigan resident attempting to clear his or her driving record; Or, 2.) is a Michigan resident with one or more alcohol and/or drug related driving convictions and is currently on a restricted license that was approved at a previous hearing.
With an Administrative Review, the applicant does not appear in-person for the hearing.  Rather, the applicant must submit certain required documentation to the Department of State.  Once the Department receives all of the proper documents and materials, the review is conducted.  In addition to the documentation submitted by the applicant, the Department of State also considers its own records regarding the applicant's driving history.  At the conclusion of the Administrative Review, the applicant is then mailed a written order either granting or denying the request.
With regard to the "out-of-state" resident, an Administrative Review is generally the more practical procedure to utilize.  The out-of-state applicant is also applying for somewhat of a different driving status than the Michigan resident.  The out-of-state applicant is applying for a "Clearance" on his/her Michigan driving record, whereas the Michigan resident is applying for an actual Michigan driver's license (whether "restricted" or "fully restored" license).  In other words, the out-of-state applicant is asking Michigan to remove the "hold" on his or her driving privileges so that he or she may obtain a license in the new home state.
With regard to the "In-Person" or "Video Hearing", the applicant is required to be present at the assigned location on the scheduled date.  The only difference between the "In-Person" or "Video" Hearing is the actual physical location of the Hearing Officer.  With the In-Person Hearing, the Hearing Officer is actually in the same hearing room as the applicant.  With the "Video" hearing, the hearing officer conducts the hearing via video from a Hearing Office located in another city.  Both types of hearings follow the same procedure and an applicant is permitted to have an attorney present for the hearing.  After the hearing is held, the applicant is then mailed a formal written order either granting or denying the request.
If you are facing a situation similar to this, feel free to contact
Attorney Ian A. Caldwell.  Attorney Caldwell has specialized knowledge
in Driver's License Restoration as well as all cases involving DUI /
OWI /OWVI.  He has handled hundreds of cases throughout the State of
Michigan and can be reached at (248) 925-0886.  He can also be reached
via e-mail at icaldwell@caldwelldefense.com or through his website www.caldwelldefense.com

Monday, June 1, 2009

Types of Divorce in California

by David J. Glass

Photo of David J. Glass
Finding the best resolution for you
With so many reasons and motivations to get married, it is only logical that there are just as many circumstances that can and do contribute to a divorce.  Marriage is a different arrangement for different people, and divorce varies in much the same way.








GLASS FAMILY LAW practices family law in Beverly Hills, California, and has helped clients with divorce advice in Los Angeles:
  • Collaborative divorce
  • Contested divorce
  • Uncontested divorce
  • Mediated divorce
  • Trial divorce
  • Divorce involving a legal separation
Basically, divorce is what you make it—it can be an easy process or a difficult battle and everything in between.  Divorce can be full of emotional arguments or a quick resolution between two agreeable and focused adults.
Our Los Angeles divorce law firm specializes in helping clients find the best divorce resolution for their circumstances.  We provide flexible and aggressive representation that allows people to proceed with amiable mediation or fight out divorce challenges in a court of law.
Getting through a difficult divorce
A difficult divorce is not indicative of personal failure or even a vendetta.  It is simply a logical progression of two people trying to separate their commingled lives.  The process involves some serious planning and sometimes strenuous effort to reach a happy settlement resolution.
It is important to remember that you can only control how you react to your spouse's demands, insults, negotiation attempts, etc.  They are ultimately responsible for their own behavior, and the law protects your rights to equitable property dispersal and parenting.  The long and short of it is that your spouse's comments can only hurt you if you let them.

GLASS FAMILY LAW helps people navigate their Los Angeles divorce and have been able to assist people through even the most emotional circumstances.  Let our attorneys stand up for you so that you can negotiate a new and better, single life.
GLASS FAMILY LAW
9320 Wilshire Blvd Suite 306
Beverly Hills, CA 90212
866-570-6831