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Ken Levinson

It’s time to reevaluate the role of the Independent Medical Examination

January 27, 2016 by Ken Levinson Leave a Comment

IME Report

If money talks, then taking it off the table is the key to preserving integrity

If you’ve ever worked with Steve Gursten of Michigan Auto Law, you know he’s a standup person and an excellent attorney. You know that he’s a man of integrity, as are the people that work for his firm. You know that he’s overseen hundreds of cases, most of which have afforded accident victims the opportunity to receive fair compensation under difficult circumstances. Most importantly, you know that Steve is honest.

That’s why it’s hard to see him in a situation as crazy as this. You can read all about it here, but I’ll provide the short version: While representing a client, Steve openly questioned the contradictory testimony of a doctor who conducted an Independent Medical Examination during the discovery process. For those who don’t know, an IME is a controversial tactic shrouded with clandestine intentions. The purpose, effectively, is to discredit a plaintiff’s testimony. An expert examiner like a doctor or a specialist is called in—rather, hired—to find out just how bad an injury or a claim may be.

No chance for objectivity

The problem here is almost too obvious and maddening for plaintiff’s attorneys and their clients to ignore. It boils down to this: An insurance company hires (therefore pays) an expert with a clear and vested interest from the get go, compensated to examine, write reports, and testify in personal injury and workers comp cases. Is it any surprise that the examination, the reports, or the testimony often skews in favor of the insurance company? Not if money talks.

Steve’s case is a clear example of how wrong this system is, and how much needs to be done to change it. After Steve and his team seemingly caught a particular IME doctor committing perjury during a cross-examination, the doctor essentially decided to go after Steve personally, filing a grievance to suppress a recent blog post and to punish him for disclosing the record. As coincidence would have it, she also sits on the Michigan Attorney Disciplinary Board, the agency that disciplines attorneys in the state of Michigan. It’s an equally shady distinction as is the attempt to frame Steve’s client as a person of sound body and mind.

If we are to truly take these IME’s at face value, then taking money off the table is the key. That’s not going to happen while insurance companies are footing the bill. Steve has decided to risk his reputation and his license by making this information public, not as a method for public humiliation, but to emphasize the element of corruption involved in similar scenarios.

I suggest attorneys and others take a good look at this case and judge for themselves. It would have been easy to simply let this fall by the wayside. Steve will be the first person to tell you that too much is on the line, including the wellbeing of those who have a hard time competing with the limitless resources of a big insurance company. The stakes could not be any higher.

Our top five auto-related stories and headlines of 2015

December 29, 2015 by Ken Levinson Leave a Comment

Year-in-Review
It was a big year for the auto industry. We learned that Volkswagen earned a place on the naughty list long before the Christmas holiday; that Fiat Chrysler and Takata both took heavy hits to their bottom lines; and that self-driving cars are picking up speeding tickets all on their own (no word on whether the ticket is being contested). All in all, some memorable moments. Here’s our complete list of the top five stories of 2015 with some additional context.

Volkswagen skirts the rules and pays big 

The German car company tried to pull one over consumers and federal regulators by knowingly subverting emissions rules, creating a mess so big that even Hollywood is looking to capitalize on the hysteria. Everyone loves a scandal, and this one proved to be one for the books. Once regulators discovered that VW engineers had willfully programmed cars to skirt the rules by implementing a “defeat device,” it was only a matter of time before VW had to admit its transgressions, and ultimately pay the price financially and commercially. The scandal made headlines around the world.

Record fines for Takata and Fiat Chrysler

Speaking of fines, Takata and Fiat Chrysler had their own record-breaking years. And not the kind they were hoping for. A fatal defect in Takata-produced airbags has since led to a record penalty from the National Highway Traffic Safety Administration and recalls so massive that Takata auto partners like Honda and Toyota have taken determined steps to distance themselves from the Japanese manufacturer. There are also rumblings that Takata could face bankruptcy because of the financial impact of subsequent fines as similar incidents come to light. Just two days ago, for example, the NHTSA announced four additional Takata-related recalls for 2015.

Almost as bad, Fiat Chrysler has been taking a beating from the NHTSA and Consumer Reports for multiple recalls in 2015, receiving at least three civil penalties totaling $175 million. In an earlier post, we took a closer look at this year’s Consumer Reports “Worst Cars” list, only to learn that Fiat Chrysler-made models held the dubious distinction of appearing more times on the list than any other car manufacturer.

Auto sales go gangbusters in 2015

Not since the 2008 recession have cars been selling at such a rapid rate. Auto sales took a steep dive in 2008, bottoming out at just over 10 million. It seems consumers are ready to open up their pocket books and shell out some dough now that banks are loosening the reigns on loans, all while the unemployment rate continues to dip. Though the Fed is upping interest rates for the first time in seven years, all dials are pointing in an encouraging direction. Experts are predicting that that the industry will sell upwards of 17 million cars in 2015, an increase of 6.1% from 2014. Here’s hoping more car sales doesn’t mean more auto accidents.

Mark Rosekind takes over the NHTSA

The 15th administrator for the National Highway Traffic Safety Administration was sworn in on December 22, 2014, after serving as the 40th member of the National Transportation Safety Board from 2010–2014. He was the on-scene board member for seven major transportation accidents and played a big role in numerous areas of growth for the NHTSA. Before the NHTSA, Rosekind had an extensive career championing auto safety, and since his appointment in 2014, the federal oversight division has proved to be a force to be reckoned with in the world of transportation safety. Under Rosekind’s watch, the NHTSA issued the largest fine in its history (see Takata) and has publicly come out in support of three-point harnesses in school buses—something the NHTSA was reluctant to endorse publicly. Though the support falls short of being a federal requirement, the acknowledgement was a major step in the right direction, according to safety advocates. Will we see three-point harnesses in school buses in the future? Time will tell, but Rosekind is showing he’s not afraid to make bold moves right away.

The world gets one step closer to autonomous vehicles

You saw the video, right, the one with the police officer pulling over a self-driving Google car? Well if not, you can, well, Google it. It happened in California, a self-driving car pulled over for driving too slowly. And just like that, the debate over self-driving cars came back into full view, thanks to a viral video, although that wouldn’t necessarily be the first we’d been hearing about self-driving cars. Good Morning America and 60 Minutes have featured segments on self-driving cars and just how close they are to becoming a reality.

Wired magazine also got in on the fun, although in a much more ominous fashion, when writer Andy Greenberg was driven off the road by a pair of devious hackers (don’t worry, it was all planned), who were able to gain control of the car by manipulating the computer console. Needless to say, it caught the attention of more than one legislator in Washington. All this seems to lead to the conclusion that it’s not a matter of “if” but a matter of “when” autonomous cars start making their way into mainstream consumerism.

Coming 2016: New laws for Illinois drivers

December 22, 2015 by Ken Levinson Leave a Comment

Illinois House of Representatives (Photo: Daniel Schwen)
Illinois residents will soon feel the impact of several new laws taking effect in 2016, including those pertaining to road and public safety. In preparation for the New Year we’ve put together a “Greatest Hits” list for you to peruse before the holidays.

On the road again (with restrictions)

One of Illinois’ new laws deals with a topic we’ve covered here on the blog before, stirring a bit of controversy amongst our fellow attorneys. Starting January 1, repeat DUI offenders will soon have an opportunity to obtain a restricted driving permit after meeting certain conditions determined by the state. Under the new law, a person with as many as four DUI convictions will be eligible to apply for a permit after demonstrating their sobriety and practical needs for a vehicle. Multiple DUI convictions have damaging effects on people’s driving records, which, unfortunately, has forced many drivers with revoked licenses to get behind the wheel of a car illegally. This new law aims to curb that trend. Additionally, a law from Senator Jason Barickman’s office would also require individuals convicted of two or more DUIs or reckless homicide convictions to install a Breath Alcohol Ignition Interlock Device as a condition of a Restricted Driving Permit.

Slowing it down

Senator Pat McGuire introduced a bill that will require drivers to slow down when approaching waste service vehicles like recycling trucks, an issue that intends to improve the safety conditions of workers on the job. The new law “Provides for the circumstances in which the 15 mile per hour speed limitation on passing waste service vehicles shall apply,” also known as the “slow down” law. Offenders could be forced to pay upwards of $1,000 in fines, or even face jail time.

Immunity for minors (sort of)

After a few years in limbo, the governor has signed a previously introduced bill that grants amnesty to minors who call 911 for help, as in cases of alcohol poisoning, for example. Based on the language of the bill, police would have the authority to determine whether protection from legal discipline is appropriate. The plan is modeled after a similar one addressing heroin overdoses, with at least two-dozen other states that have implemented similar laws in recent years.

Below are some other new laws that relate to life on the road:

Public Act 099-0290: The License Plate Visibility Exemption: allows for trucks with rear-attached forklifts to be exempt from the requirement that their license plate be clearly visible.

Public Act 099-0237: Reduced Weight Limit on Roads: Highway commissioners may permanently post roads at a reduced weight limit after holding a public forum regarding reasons for and against imposing the limit. County superintendents of highways then have the final deciding power in the matter after the public forum.

Public Act 099-0376: School Bus Industry Requirements: Provides that a private carrier employer of school bus drivers shall be held to a standard of ordinary care for intentional acts committed in the course of employment by a bus driver permit holder.

Public Act 099-0291: Trucking Violations: Provides that any driver who willfully violates specified motor carrier safety regulations including driving under the influence; motor carrier drivers’ hours of service; motor carrier qualifications for drivers; or other violations which would place the driver or vehicle out of service is guilty of a Class 3 felony when the violation results in a motor vehicle accident that causes great bodily harm, permanent disability or disfigurement, or death to another person.

Book Review: Changing Laws Saving Lives: How to Take on the Corporate Giants & Win

December 22, 2015 by Ken Levinson Leave a Comment

Trial attorneys are underdogs. We wage battle on behalf of the little guy, after all. We go for broke against large insurance companies, which often have nothing to lose but marginal sums of money. It’s the classic battle of David vs. Goliath. Trial lawyer Randi McGinn isn’t necessarily buying the underdog label. In her latest book, she warns that big corporations should be afraid. Very afraid.

Click here to read the full article

Facing driver shortage, trucking industry looks to fill jobs quickly

December 16, 2015 by Ken Levinson Leave a Comment

Semi_Truck
If you’re looking for headlines, look no further than the U.S. trucking industry. Monday’s segment detailing the shortage of truck drivers in the U.S. sparked one of the more interesting conversations among our team in recent weeks, and it took some reading-between-the-lines to get to the heart of what this shortage could mean for pedestrian drivers.

Earlier in November, National Public Radio uncovered that the trucking industry is facing a drought of nearly 48,000 drivers in the next year or so, based on industry-collected data. Such a drastic dip led some industry experts to predict bad news for the economy and consumers. From our perspective it could be pedestrian drivers that ultimately feel the hurt of such a drought.

NPR’s latest segment, which aired Monday morning, followed up on the November report by looking at ways the trucking industry is dealing with such a major shortfall. The gist: desperate times call for desperate measures. NPR started looking into major trucking schools like the APEX CDL Institute in Kansas City, which is apparently cranking out drivers at a rapid-fire rate. One can’t help wonder if the industry is moving too swiftly for its own good.

And here’s the portion that piqued our curiosity: NPR interviewed an Army retiree named Wayne Berry. Berry got wind of the need for truck drivers from a friend so he reached out to someone at APEX CDL. Based on what Berry says, a person at APEX decided to offer him a job on the spot.

“…they were like, ‘Yeah, we’ll take you.’ So I have a pre-hire letter from this company,” Berry told NPR, saying that the company had committed to hiring him before he knew how to drive a truck. More surprising, the head of APEX did little to quell the notion that hiring untested drivers was anything less than a good idea.

“Anybody will hire him,” said Jeff Steinberg, head of APEX CDL school. “I would have recruiters get in knife fights for him out in the parking lot to try to get him to come to work for them.”

Talk like that isn’t necessarily comforting. Berry might be an isolated case, but such candor had us raising our flags. The trucking industry has taken heat for lax standards in the past. It’s perhaps not a stretch to suggest that Berry’s situation is part of a bigger issue that could have legal implications in the future.

Drive training protocols have come under heavy criticism in the past for failing to adequately prepare drivers, and for its relatively lax standards. Even a newly conceived transportation bill, set to go into effect January 1, is looking to curb some audacious proposals, like allowing teen drivers to get behind the wheel of a big rig. Safety advocates may have won that battle, but there are other safety battles on the horizon.

That’s not to say there hasn’t been something positive coming about from the trucking shortfall. In fact, the NPR report detailed some examples of how trucking companies are trying new methods to retain its core of experienced drivers— bumping pay and getting them back home on a more regular basis, for example.

What remains to be seen is whether companies can fill a 48,000 gap without cutting corners, as Berry and Steinberg (unwittingly or not) may have subtly implied. Let’s hope that’s not the case. We’d love to hear your thoughts on trucking and other transportation safety issues. Drop us a line or feel free to leave a comment below.

Donate to Rep. Reaves-Harris’ Coat Drive

December 16, 2015 by Ken Levinson Leave a Comment

Holiday Coat Drive
Our good friend and state representative Pamela Reaves-Harris has been sponsoring a holiday coat drive since November, and the people of Illinois’ 10th District are about to reap the benefits of her good work. Starting tomorrow, Rep. Reaves-Harris and her team will be distributing all donated coats to adults and children at the Major Adams Community Committee (125 N. Hoyne Ave. Chicago) between 5–7pm.

Rep. Reaves-Harris’ team has been working with local organizations and volunteers, including Button and Zipper​, a city-wide coat drive organization, to gather as many coats as possible. Chicago winters can be some of harshest and grueling winter’s in the Midwest. It’s an especially difficult time for homeless, destitute families, or those who can’t afford a warm coat.

All coats should be gently-used or new, clean and in good condition. There’s still time to donate. If you have a spare coat lying around, or need a coat, this is a great opportunity to make sure it gets put to good use. You can drop off coats at the Major Adams Community Committee or at Rep. Reaves-Harris’ District office (115 N. Damen Chicago).

For more info, you can contact Rep. Reaves-Harris’ district office at 312-877-5074 or visit her website.

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