Category Archives: Lincoln Park Auto Accident Attorney

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Bret A. Schnitzer Named A Top Attorney In Michigan

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Bret A. Schnitzer voted a Top Lawyer In Michigan

by Bret A. Schnitzer

Bret A. Schnitzer has been named a 2014 Top Lawyer in both Product Liability Injury Law (defective products causing injury) and Professional Liability Injury Law (legal malpractice cases against negligent lawyers).

Bret A. Schnitzer is featured as a Top Lawyer in several publications including the November-December 2013 issue of Dbusiness Magazine and Detroit Hour Magazine.
“We continue to work hard to bring justice to victims of injury and get them what they deserve”.

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“He Was Drunk”, An Intoxicated Person Caused My Accident.

“He Was Drunk”, An Intoxicated Person Caused My Accident

by Bret Schnitzer

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We have sued drunk drivers many times. Drunk Driving causes innocent motorists and their families to suffer devastating injuries and loss. The less known terrible truth about drunk drivers is that often times their insurance companies “admit liability” on the first the day of trial to allow them to prevent the Jury from learning that the defendant was drunk and caused the accident. Think about how unfair it is to allow the insurance company to fight liability for eighteen months of litigation, and then admit liability on the first day of trial and prevent the jury from learning the defendant was drunk. (Eighteen months is the typical time frame from the filing of a lawsuit to a trial).

The insurance company often times fights liability fiercely throughout the entire litigation, and makes the victim and their attorney hire experts and take depositions to meet their burden of proof to establish that the drunk driver was in fact drunk. This can require the attorney to invest considerable time and money deposing everyone and anyone who processed any blood alcohol testing to establish the “chain of custody” of that testing. The Michigan Rules Of Evidence  establish strict guidelines for the admission of testing results to ensure they were not tainted and/or testing equipment was properly calibrated or properly sterilized. If there was a PBT test then the Police officer also needs to be deposed and brought in to testify as well.

In some cases, an expert witness needs to be retained to establish the effects that the blood alcohol content or drugs had on the driver to cause the accident. All of these procedures cost both time and money and allow the insurance company to fight liability at every turn to hide their insureds culpability. The insurance attorneys may spend hours examining and cross examining the witnesses as the insurance company tries to find some technical flaw that they can use to exclude the alcohol results. Some insurance companies simply sit back and wait to see if the injured parties attorney does everything they need to do to prove their client was drunk. If the injured parties attorney is not highly experienced sometimes they fail to do what is necessary to prove the drunk drivers liability. If proper witnesses are not retained or timely listed , witness lists are not filed timely, discovery is not done properly, the insurance company may get an opening to defend the case on liability even under extreme circumstances of a highly intoxicated drunk driver. Bear in mind that the Michigan Court Rules prohibit the mention of the fact that an insurance company is involved or the limits of insurance liability. The jury never gets to know that an insurance company has been fighting liability through their attorneys throughout the litigation.

The insurance company is generally very happy to take advantage of any attorney who is not properly prepared, too busy to properly handle the case, or not experienced enough with the drunk driving accidents. On the first day of trial the insurance company generally files an “admission of liability” once they are convinced that the injury attorney has or will be able to establish the defendant was drunk. If the inexperienced / unprepared lawyer did not file witness lists in a timely manner or hire experts, or subpoena witnesses properly it may be too late and the drunk driver wins. Even when the highly experienced attorney “jumps through all the hoops” the insurance company may wait until the first day of trial, admit liability and files a “motion in limine” arguing to the Judge that since they have “now” admitted fault there is no legitimate reason that the jury should know that their client was “drunk” because they have “now” admitted they were at fault for the accident. That sounds pretty unfair doesn’t it, yet many Courts will agree that once the defendant “admits liability” the fact that the defendant was “drunk” is not coming in as evidence.

Schnitzerlaw have, however, established a novel and proven method to prevent the insurance company to pull this stunt under many more circumstances. Many lawyers, even those who are experienced injury attorneys do not know or understand this Downriver Car Accident Attorney method of preventing the insurance company from admitting liability and thus hiding the fact the defendant was drunk from the jury. The implimentation of this novel method takes place at the beginning of the case not the end. That makes it extra important to hire the Car Accident Attorneys now If you are hurt by a drunk driver we will certainly implement this procedure which makes it more difficult for the insurance company to a hide the fact that the drunk driver was drunk from the jury. Call us for a free consultation at (313) 389-2234.

14 Top Causes of Auto Accidents In Michigan

14 Top Causes of Motor Vehicle Accidents In Michigan

by Bret Schnitzer

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Getting into a car accident can result in devastating consequences, including serious and permanent injuries, loss of wages, Medical expenses, pain and suffering, emotional distress, and the loss of enjoyment of activities.

While accidents can happen in a split second, safe driving should always be followed to minimize injuries and accidents from motor vehicle use and operation. Here are some of the biggest causes of auto accidents in Michigan to consider. Stay safe out there and always be careful.

1. Keep your eyes on the road and your hands on the wheel.

The number one cause of car accidents is distracted drivers. A distracted driver is a motorist that diverts his or her attention from the road for a split second or more. With the use of cell phones, texting and other electronic gadgets it is estimated that more and more drivers on the road are distracted. Being distracted by your cell phone can cause your reactions to be like that of an impaired driver. It is best not to use a cell phone and certainly do not send or receive texts when driving. Eating or applying makeup while driving also interferes with the safe operation of a vehicle.

2. Driving over the speed limit

You’ve seen them on the street and the highway. Many drivers ignore the speed limit and drive 10, 20 and sometimes 30 mph over the limit. Speed kills, and traveling above the speed limit can kill or maim. The faster the driver the less time the driver has to react and the more time it take a driver to stop.

3. Drunk Driving

Drunk or intoxicated driving is unsafe at any speed. the intoxicated driver lose the ability to focus and function properly and its very dangerous when operating a vehicle. Always use a designated driver if you go out and drink. Do not drink and drive. Do not drive under the influence of medicine or other substances that interferes with the ability to operate heavy mechanical equipment. Read the warning labels and be careful.

4. Running red lights or disobeying traffic control devices

Drivers that run red lights, try to time lights, or squeeze through that changing light run the risk of causing an injury accident because they can cause side-impact or even front impact collisions at high speeds. To avoid a car accident, look both ways for oncoming cars as you approach a green light. The same is true of disobeying a traffic control device, pay attention and don’t do it

5. Night Driving and tired driving.

Driving at night nearly doubles the risk of a car accident occurring. When you can’t see what’s up ahead you don’t know what to anticipate as you drive towards it. As the sun goes down, awareness of what is on and around the road goes down. Headlight fatigue and tired driving accounts for more accidents as well.

6. Bad Weather

Bad weather such as snow and ice, fog and rain account for accidents occurring. When the weather is bad it is best to slow down or stop until the weather gets better.

7. Unsafe Lane changes and not using your blinker.

When it is time to get over to another lane always check your blind spot and put on your blinker and move over slowly and steadily. Not using your blinker or not checking the other lane properly accounts for accidents in Michigan.

8. Improper Turns and ignoring traffic markings on the roadway.

Always look for signs and markings on the roadway and obey the proper right-of-way before you make a turn and obey the markings on the roadway as well.

9. Tailgating.

Many drivers are impatient and reckless, driving so close to another car that they cannot react in time if the car in front of them brakes suddenly. Prevent these car accidents and give the car in front of you plenty of room as you travel.

10. Driving Under the Influence of Drugs.

It’s not only alcohol that is dangerous when mixed with drivers on the road. Drugs, both legal and illegal, have the ability to impair the operators ability to drive in a reasonably safe manner. intoxicated driving is unsafe at any speed.

11. Road rage.

Everyone has been angry at another driver for one reason or another, but some drivers let their rage overcome them. If the other driver does something dangerous or stupid it is best not to engage them or to escalate the problem. Back off and forgive and forget it the best motto.

12. Tire Blowouts.

When encountering a tire blowout, try to maintain control of your vehicle and pull over safely and then call for help.

13. Driving too fast for conditions

Many of these issues are addressed elsewhere but cannot be overstressed. When you encounter bad weather, heavy traffic, construction, poorly maintained roads, bad drivers, or other driving obstacles, the best advise is to slow down and not drive too fast for conditions.

14. Animal Crossings

While drivers are required to know the rules of the roadway, wild animals do not. Wild animals can cross the road without warning into the roadway. Take caution when you see an animal crossing sign or see an animal on the side of the road. When operating the vehicle at night the dangers of hitting a wild animal increase, because you cannot see them on the side of the road and many animals come out at night. Also, be wary of drivers who may brake suddenly to avoid a wild animal traveling in front of your vehicle.

Call Us Now to Maximize Your Auto Accident Settlement

Our experienced auto accident lawyers at Schnitzerlaw will help you avoid costly mistakes many people make when dealing with insurance companies.

If you were injured in a car accident call our law offices right away at (313) 389-2234 or click here for a FREE consultation with an experienced auto accident attorney in Michigan and find out how we can help you. We look forward to providing good advice for your case. There is no cost for your initial consultation, and there are no fees until we recover for you.

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