TOV Injury and Safety Blog

Consumer Product Safety Commission eyes standards for 4-wheel ORVs

The CPSC recently rejected voluntary safety standards suggested by manufacturers of 4-wheel ORVs, finding them inadequate.  Instead, it will take testimony from the industry and the public and compose independent standards.  It noted that the side-by-side off-road vehicles, capable of speeds in excess of 35 miles per hour, are involved in a disproportionate number of deaths and injuries.  In March, Yamaha recalled 100,000 of its Rhino models for repairs, after two models were linked with 46 deaths in six years.  The vehicles pose a substantial roll-over risk and have been associated with 116 deaths and many serious injuries since 2003.  Many of the victims have been children.  Industry spokesman suggest that the deaths are merely the result of owners' unsafe use.

Expenses for care of catastrophically injured Michigan no fault victims

Attorneys and the families of catastrophically injured no fault victims continue to watch the Michigan Supreme Court to see what will happen with PIP expenses in the situation where the families avoid institutionalization.  From 1974 until a few years ago, the Supreme Court took the position that families could be fully compensated for keeping a catastrophically-injured loved one out of an institution by providing care for him or her.  The Court held that if an expense was payable to an institution, it would be payable to the family, as well. 

Court interprets release signed by uninsured motorcyle operator

Mark Sindler was injured while operating a motorcycle he owned but had not insured.  He collected damages from Farmers Insurance, which provided liability insurance on the at-fault car driver, but insisted on language in the release that preserved his right to collect PIP benefits (wages, replacement domestic service expenses and medical).  After paying these benefits for more than a decade, Farmers notified Sindler it would no longer pay PIP benfits because Sindler was operating his own, uninsured bike at the time of the injury.  He sued to enforce his right to PIP benefits and Farmers sued to collect from him the medical it had paid.

Court applies Michigan premises law to "admiralty" law of the seas

When a person is injured on a boat in navigable waters, the so-called rules of admiralty apply to the case.  In effect, the rules applicable to navigable waters are subject to a different federal, rather than state, common law.  Nevertheless, pertinent state law rules can be imposed in admiralty cases when they do not conflict with the underlying rules.  Using this legal theory, a panel of the Court of Appeals grafted the "open and obvious" Michigan premises liability standard on top of the rules of admiralty applicable to an injury suffered on the Clinton River Cruise vessel.  

Court addresses factual issues surrounding sale of vehicle without prompt registration

In Titan Insurance Co. v. State Farm Automobile, the Court of Appeals had to sort out a priority dispute involving injuries suffered in a car-motorcycle collision.  Kenneth Curler was injured when his motorcycle was struck by a car.  Neither vehicle had PIP insurance applicable to the injury, so he was sent to the Assigned Claims plan, and through it to Titan.

Titan investigated and learned that Edward Shreve was the last registered owner of the bike, and that he had coverage through State Farm that would have applied to Curler.   Shreve claimed that he had sold the bike, for cash, to a man named Jay (address and last name unknown) on June 14, and gave him the title.  State Farm claimed that in accordance with Shreve's testimony, he was no longer the registered owner of the vehicle on June 18, and that it was "Jay's" responsibility to transfer title, not Shreve's.  State Farm claimed it had no responsibility for the vehicle after Shreve signed the title over to "Jay" and surrendered possession of the bike.

When the occupant of a motorcycle is injured in a collision with a car or truck, PIP benefits are payable first by the insurer of the car.  If the car's owner and driver do not have coverage, PIP benefits are then payable by the insurer of the bike or its operator.  By statute, State Farm is correct that the owner/registrant of a vehicle changes on the date of the application for a new title or the assignment of the certificate of title:  therefore, the trier of fact must determine whether Shreve's testimony is credible and whether he ceased to be the owner of the bike prior to the collision.  The court should not have decided the facts necessary to resolve this issue:  they were for a jury to determine. The pertinent statute, MCL 257.233(9), was revised in 2007 to make the effective date of transfer for specific.

The National Transportation and Safety Board recommends that the Feds do more to police truckers' hours

The NTSB held a hearing on September 16 to assess the role that fatigue plays in trucking accidents.  The hearing was prompted by a 2005 collision in Wisconsin that involved a high school band bus and an overturned semitrailer, killing five people.  The NTSB concluded that employers and the government do not do enough to enforce the limitations on driving hours imposed by the Federal Government. 

As gas prices rise, so do motorcycle fatalities

The National Transportation Safety Board released figures for 2007 showing that the number of motorcycle fatalities increased dramatically.  According to the NTSB, combined with a reduction in car and truck occupant deaths, this increase in bike fatalities means that motorcycle deaths now account for almost one traffic fatality in  eight.

Death claim dismissed, although manufacturer admits component missing or never installed

Lynette Witbeck's husband was killed when the boat he was operating suddenly veered out of control.  He struck his head on the windshield and was ejected.  The Defendants who had manufactured and sold the boat acknowledged that "the accident probably occurred after the steering link rod disconnected...because the nylon insert locknut (NIL) that was supposed to be on the threaded end of the steering link rod was missing or had not been properly installed."  Nevertheless, the court dismissed her death case because her expert drew his experience from "reliable engineering principles and methods" but not directly from experience with marine fasteners.

Parents who let boy drive moped illegally have consented to use that exceeds their permission

The Defendant 14 year old severely injured a passenger when he collided with a motor vehicle while illegally driving his moped on a sidewalk.  His parents allowed him to operate the moped illegally, but claimed that he did not have consent to use it on this occasion.  The Court noted that under existing Michigan law, merely exceeding the restrictions on use of a vehicle does not abrogate the original consent.  Relying in part on statutory presumptions, the court held that when a kid has access to the keys and a right of use, he has "consent", even if he doesn't follow the owners' instructions.