Levinson and Stefani Injury Lawyers

Client-first legal representation for injury victims. Injured? Free Consultation:

(312) 376-3812

Blog

Why Helen Mirren’s Budweiser PSA wasn’t really a PSA

by Leave a Comment

Helen-Mirren

Call it a noble, but failed attempt at respectability

I’m not talking about the Carolina Panthers’ utter futility during Super Bowl 50. I’m talking about Dame Helen Mirren’s Budweiser commercial, which doubled as a tongue-in-cheek Public Service Announcement.

You know the one I’m talking about. Dame Mirren, in her polite tone, insults those who choose to drink and drive, calling them “shortsighted, utterly useless, oxygen-wasting human form of pollution.”

For the record, we agree. Ms. Mirren is talking serious business. It is, of course, utterly stupid, dangerous and reckless to put other drivers at risk because of poor decision-making. That’s why the Bud commercial felt so out of place. You won’t find me knocking anything that advocates for safe driving very often. Still, this commercial had a few things that smelled more like clever advertising than public service.

My thinking has less to do with the actual messaging than how the message was delivered. At issue here is whether Budweiser’s ostensible PSA was, in fact, an unmitigated form of guidance as opposed to a crafty couture of subliminal messaging. This is after all a commercial that frames Helen Mirren (an Academy Award-winning actress) as a sophisticated drinker; she can have a Bud and criticize those who aren’t as sophisticated enough to know the difference. And she can do it while holding a beer in her hand.

In other words, Bud is a beer that doesn’t inspire hasty decision-making. Therefore, it’s the King of Beers and the one you should purchase the next time you’re at a bar. Leave it to a courtly British personality to drive the point home. If Bud wants to hand down life lessons to millions of people, it may be worth doing things a little differently next time, a PSA in which:

Beer is off the table

There she is. Sitting there. Alone. Scolding. With a beer in full view. Contradictory, wouldn’t it seem? Maybe the next PSA about responsible drinking shouldn’t include careful product placement at all. That goes for all beer companies.

Comedy is not King

Sure, it’s a serious subject. Then maybe it shouldn’t feel like a joke. A commercial that starts off relatively strong turns into a tongue-in-cheek number with little poignancy. In fact, I would argue that all it’s doing is prodding you to grab another beer. If you happened to be driving on Super Bowl Sunday, the message was less than super.

Bud bolds the fine print

You’ll notice that at the end of the commercial Budweiser says it will spend $1 on safe ride programs every time someone uses the hashtag #GiveADamn (it took a second viewing on my laptop to find it). Needless to say, the text was also less than super, though it’s worth noting that the effort is a noble one.

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

by 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.

Drivers, keep up with this hashtag during the winter season

by Leave a Comment

hashtag-car
Jack Frost is dutifully nipping (rather, biting) at your nose this time of year. As you know, the coldest weather means more accidents on the road. Snow, sleet, ice — it’s all those gloomy factors that can get you into trouble. That’s why it’s in your best interests to keep up with the hashtag #WinterDrivingTip, employed by the National Highway Traffic Safety Administration and a host of other agencies and public service providers to inform drivers of the safe winter driving tips we’re all invariably bound to forget.

Go forth, social media junkies, and take advantage of the benefits of social! (Not while you’re driving, of course.)

#WinterDrivingTip #1

#WinterDrivingTip #2

#WinterDrivingTip #3

#WinterDrivingTip #4

#WinterDrivingTip #5

Here’s why your insurance policy is going up in 2016

by Leave a Comment

Insurance-Graph
It’s supposed to be a happy new year, right? Not if you’re a car owner. It’s no secret that big-name insurance companies made, some would say, unwelcome policy changes in 2015, and now Illinois’ largest insurance provider (and the country’s, for that matter) is on the verge of doing the same in 2016.

Starting in February, State Farm—by far the biggest auto insurer in Illinois—will begin raising policy rates by an average of 2.6 percent, affecting nearly 2.7 million policyholders. It follows a nationwide trend that will see most auto insurance rates increase by 3 percent in the New Year.

State Farm is actually late to the game. Back in December, Allstate increased rates an additional 5.7 percent after instituting a 3 percent hike in early June; Geico, the third-largest insurer in the state, raised rates by 7.7 percent in August following the release of some pedestrian profit numbers (the rate has affected 200,000 policyholders); and the smaller neighbors on the block—Progressive, Nationwide—might be cheaper options but with less options for coverage.

So why’s all this happening? According to all three of the big-name auto insurers, it’s a matter of accidents happening more frequently, claims becoming more numerous and costly, and more drivers back on the road thanks to an improving economy.

That may be partly true, even though explanation seems rather vague and all too-quickly puts the onus on drivers as the root of such hefty increases. It’s worth noting that this is typically the response of insurers when the company’s bottom line doesn’t look so good. So insurers may have valid reasons for wanting to raise rates, but is it, as they say, due to an increase in claims by drivers? For my money, there’s more to it than that.

In Oregon, for example, where the state legislature recently passed a law that would allow consumers “to receive up to the full amount” of their uninsured/underinsured motorist benefits,” advocates of big insurers warned that rates were likely to increase as a result of the new law. Maybe so, but does that mean it’s not worth doing anything to benefit consumers in the event of an traumatic event?

What’s important for drivers to remember is that injury claims, or anything else related to an accident, is probably never going to match expectations between those that have been hurt and the insurer that’s “responsible” for the financials. That’s generally why we have to step in.

As we’ve said before, a little healthy skepticism never hurt anyone. If you’re up for renewal or are shopping for a policy in the near future, keep an eye on those increasing premiums. If you’re not satisfied, the best part of being a consumer is you can always take your business someplace else.

Our top five auto-related stories and headlines of 2015

by 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.

Facing driver shortage, trucking industry looks to fill jobs quickly

by 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.