Jump to Navigation

Ann Arbor Motor Vehicle Accidents Blog

It's Official: Texting While Driving Is a Primary Offense in Michigan

According to the National Highway Traffic Safety Administration, distracted drivers caused accidents that injured approximately 500,000 people and killed close to 6,000 people in 2008. The Virginia Tech Transportation Institute reported that texting while driving poses an increased danger, because the driver's attention is diverted away from the road for almost 5 seconds and the likelihood of causing an accident is more than 23 times over that of an attentive driver.

Efforts to combat distracted driving, including texting while driving, have become the fuel for various political and legislative initiatives around the nation since late last year.

Talk show host Oprah Winfrey recently joined forces with the U.S. Department of Transportation, led by Secretary Ray LaHood, and others in the campaign against distracted driving. She declared April 30th, 2010, the first national "No Phone Zone Day" and invited Governor Jennifer Granholm to sign a trio of bills to prohibit the act of texting while driving in Michigan during the taping of the show.

After Governor Granholm signed the bills into law on April 30th, Michigan became the 24th state to impose a texting while driving ban, and the 19th state to make the act a primary offense. This allows law enforcement officials to pull drivers over and assess fines if they catch people texting or typing on their cell phones while driving, even if no other traffic laws were broken.

The main bill to ban texting while driving restricts drivers from "reading, manually typing, or sending text messages while operating a moving motor vehicle on a street or highway" in Michigan. Two related bills address the extent of penalties for violating this law. While one bill indicates that drivers caught texting face fine amounts of $100 for a first offense and $200 for each incident afterward, the other indicates that no traffic violation points will be entered on a person's driver record if he or she is fined for texting while driving.

Michigan's texting ban becomes effective on July 1st of this year, but it does include a few exceptions.

Drivers may still legally dial and talk on their cell phones and continue to operate any global positioning or navigational devices mounted to their dashboards under Michigan's new law. In addition, texting is permitted when the car is stopped or stalled on the road, to report a crime or other emergency while driving, and when acting in an official role as law enforcement or emergency personnel.

Some Michigan lawmakers, concerned with how officers might enforce the texting ban, cited the fact that labeling texting while driving a primary offense could give police officers another excuse to stop drivers with certain racial ethnicities. Other legislative officials, however, were happy to give Michigan State Police another safety tool to use in the fight against distracted driving on the state's city roads and highways.

For Michigan Governor Granholm, however, this law is the first step in requiring hands-free technology and banning the use of all handheld cellular devices when driving.

Tooth Injuries: Nothing to Smile About

Among the most common injuries sustained in car crashes are injuries to teeth. While some of these are minor chips, others are serious injuries involving cracked, broken or knocked-out teeth.

Serious Injuries

A knocked-out tooth (an avulsion) is a serious injury that requires immediate attention. The first thing to do is to save the tooth for possible reimplantation. Take it to your dentist as soon as you can; the longer you wait, the less likely it is that reimplantation will be successful.

If you do sustain an avulsed tooth, use care in transporting the tooth to your dentist. Don't handle the roots of the tooth (do not attempt to clean the tooth or roots); pick up the tooth by the crown portion. If you can, put the tooth in a container, covering the tooth with whole milk or saliva.

A cracked or fractured tooth should also be considered a serious injury requiring professional care. If the fracture reaches the pulp (the center of the tooth), rinse your mouth with warm water and get to a dentist as soon as possible in order to get infection- and abscess-prevention treatment.

Even if a fracture causes no immediate pain and is not visibly obvious can worsen and require extensive, costly care later.

Taking Care of Minor Injuries

Sustaining a chipped tooth is a common injury in not only motor vehicle accidents, but also in sports activities, and slips and falls.

Chipping a tooth usually involves knocking off a small piece of the enamel of a tooth. The enamel is the hard surface of the tooth. Dentists can often sand a slightly chipped tooth smooth, eliminating sharp edges that can irritate or cut the tongue and lips.

A more extensive chipping may cause discomfort or sensitivity to heat or cold if the inner layer of the tooth (the dentin) has been exposed. If you do experience pain from a chipped tooth, take an over-the-counter painkiller and schedule an appointment with your dentist. The chip may need to be filled in to eliminate the tenderness and to prevent further damage.

Other Injuries

Lips, cheeks and tongues can be bitten or cut in motor vehicle accidents.

If you can, wash or rinse the lacerated area with warm salt water before applying pressure with a cold compress. If you can't stop the bleeding, go to a hospital emergency room. If the laceration is serious, it may require in-mouth stitches.

Sometimes people who have been in traffic collisions don't initially feel any discomfort or see any injuries, but later experience symptoms indicating the necessity of professional care. Symptoms may include the following:

  • Toothache; jaw pain
  • Pain when chewing; sensitivity to heat and/or cold
  • Swelling and pain
  • Bleeding
  • A change in the color of the tooth

Prevention and Treatment Costs

The single most effective way of reducing the risk of dental or mouth injuries is to wear a seatbelt whenever you drive or ride in a motor vehicle.

If you or a family member sustains a tooth or mouth injury in a traffic crash due to someone else's negligence, contact a Michigan personal injury lawyer who can assess the facts of your case and inform you of your legal options to obtain compensation for medical costs, treatment, and pain and suffering.

Judicial Election and Partisanship Problems in Michigan

In Michigan, many judges are elected, including those on the Supreme Court. When electing judges, many voters presume that the fact that judges must be nonpartisan also means they will be neutral. Unfortunately, this misconception can lead voters to believe that the selection of judges isn't as important as other elected positions.

Judges should be nonpartisan because their jobs are to apply the law, and they are not, in theory, involved in making political decisions. In reality, though, candidates for the judiciary are not interchangeable; judges with seemingly similar qualifications and experiences may interpret the laws in very different ways.

Although judicial candidates themselves are prohibited from associating with political parties, they might be supported through the election process in a partisan manner. For example, a judge supported by the Chamber of Commerce may be more likely to favor the interests of businesses over consumers. On the other hand, a candidate for judicial office who is endorsed by the Michigan Association for Justice or a specific union could lean more toward protecting individual concerns.

To address concerns related to the neutrality of judges and limit potential influence by campaign supporters, two legal bodies have recently taken action.

In November of last year, the Michigan Supreme Court instituted rules that give the members of the Court an opportunity to ask a fellow judge to step down in cases with potential conflicts of interest.

The Michigan legislature currently has two active bills also relating to the Supreme Court. The House resolution seeks to redraw more proportionate election districts along county boundaries and to limit terms of office. The Senate legislation wants to reconfigure voting districts and require candidates for the Supreme Court to be "registered and qualified" within the areas they would serve.

As a voter, there are things you can do to ensure that a judge is not elected solely by partisan and political affiliates.

It is very important to familiarize yourself with judicial candidates up for election. You should be aware of which groups or individuals are supporting them. Keeping track of who is behind a particular candidate may help to understand what that judge represents and how the candidate may interpret laws in certain circumstances if elected. You can also review the current legislation about changes to the Supreme Court election process and encourage your local legislators to vote for them.

If you have questions about who is supporting a particular judicial, legislative, gubernatorial or other candidate for state office, feel free to contact an attorney at Bredell and Bredell, and also visit the Michigan Association for Justice Web site at http://www.michiganjustice.org.

About Bredell & Bredell

At Bredell & Bredell we understand that knowledge is the strongest weapon in a lawyer or client's arsenal. Every day, state legislatures and judges make hundreds of decisions that impact the way personal injury cases are prepared and presented for court. We stay current with legal issues and use technology to make sure you have that vital information at your fingertips.

Keeping you informed about the legal process is one of our most important jobs. Whether you are an existing client or seeking general personal injury information this Blog page is intended to serve as a forum for discussing case law and relevant court decisions in Michigan personal injury matters. Periodically, we will update the information and Blog topics, so please return often to see our most current post and comments.

Our firm is dedicated to providing personalized attention and responsiveness for clients. If you believe you need personal counsel based on information you receive here, please consult with the rest of our site to find out if you should be in contact with one of our attorneys.

Print This Page
  • Super Lawyers
  • 2006 Outstanding Attorney Award Washtenaw Trial Lawyers Association
  • Life Member Million Dollar Advocates Forum Multi-Million Dollar Advocates Forum The Top Trial Lawyers in America
  • LexisNexis Martindale-Hubbell AV Rated
Contact Us Visit Our Facebook Fan Page Please contact us at one of our offices in Michigan:

Ann Arbor office
Ann Arbor Commerce Bank Building
2950 South State Street, Suite 320
Ann Arbor, MI 48104
Phone: 734-274-2876
Toll Free: 866-586-8164
Map and Directions

Bredell & Bredell
119 North Huron Street
Ypsilanti, MI 48197
Phone: 734-274-2876
Toll Free: 866-586-8164
Fax: 734-487-7000
Map and Directions

Jackson office
410 South Jackson Street
Jackson, MI 49201
Phone: 734-274-2876
Toll Free: 866-586-8164
Map and Directions