Who’s At Fault in a Weather-Related Car Accident in Michigan?

If you’ve ever driven a car in inclement weather on a Michigan road, you know how difficult it can be to maintain control of the vehicle. When a torrential downpour is overwhelming your windshield wipers, the roads are covered with ice, or a mid-winter whiteout is in effect, you won’t relax until you reach your destination.

These weather conditions can- and often do- lead to serious accidents. Snowy, icy, and slushy roads account for almost 45% of Michigan vehicle crashes in December, January, and February. In addition, heavy rain and dense fog can cause collisions all year round. The question is:  if you’re injured in a weather-related accident in Michigan, who is at fault? 

Common Causes of Weather-Related Accidents 

Rain is one of the leading causes of weather-related collisions. During heavy rain, visibility can be drastically reduced, making it difficult for drivers to see hazards or judge distances between cars. Many motorists also fail to adjust their speed when driving on wet roads or in rainy conditions, making them more likely to hydroplane and have rear-end collisions.

Winter has its own hazards. As a result of snow, fog, freezing rain, and other winter weather, drivers have difficulty seeing the road and other vehicles. Your vehicle may also slide on black ice, slushy roads, or wet roads. In some cases, you can lose control of your vehicle.

When weather conditions are poor, drivers must slow down, allow more distance between other vehicles, and allow more travel time. If they fail to do so, they may be held accountable for any accidents that result. Drivers may also be found negligent if they don’t maintain or service their car for safe winter driving.

In A No-Fault State, Does Liability Matter?

Although Michigan is a no-fault state for car accidents, determining liability is still necessary. The personal injury protection coverage (PIP) of some crash victims may not be enough to cover their medical expenses. Others may suffer severe or permanent injuries that meet the state’s injury threshold. In that case, liability is important because the crash victim may bring a claim against the at-fault driver for their pain and suffering damages, and excess economic damages not covered by no-fault. 

As a no-fault insurance state and a tort threshold state, Michigan has an injury threshold and special rules for suing a negligent party after a car accident. This means you can sue the at-fault driver for money for your pain and suffering damages, but must first demonstrate a serious impairment of body function. 

This threshold test represents a balance between the state no-fault law, which requires your insurer to pay no-fault personal protection (PIP) benefits to cover medical expenses and lost wages, and the tort law which lets you sue the driver who caused the accident.

At one time, someone injured in a weather-related accident in Michigan could not seek compensation for future medical bills or those that exceeded their PIP coverage. That changed in July 2020, when the law was amended to allow crash victims to sue if they don’t have unlimited no-fault coverage and their medical treatment costs exceed their no-fault medical coverage amounts. Under those circumstances, the at-fault driver may have to pay any bills that exceed what the crash victim’s no-fault insurer is obligated to pay. 

Steps to Improve Your Road Safety in Bad Weather

If an extreme weather system passes through your area, it is best to postpone a trip and stay home rather than drive. However, if you absolutely must go out, here are some tips for driving more safely in bad weather.

• Plan Ahead: Before you leave, check the weather. Whenever possible, avoid the brunt of a weather system by taking an alternate route. If you decide not to postpone your trip, carry a map with you so you won’t get lost when visibility is low.
• Make Sure Your Vehicle is Ready: In the winter, you should have your tires and brakes checked more frequently. You should also ensure that your windshield wipers work properly and that your headlights are clean to ensure visibility. 
• Wear a Seatbelt: Wear a seatbelt at all times while driving. Besides being the law in Michigan, it can save lives, especially during bad weather.
• Drive Slowly and Carefully: In bad weather, you should drive more slowly than usual. Accidents and skids are less likely to occur as a result.
• Maintain Distance From Other Vehicles: If you are driving in the rain, snow, sleet, or hail, many experts recommend doubling the distance between you and the car in front of you. In these conditions, you need to give yourself more room when braking.
• Use Low Beams in Fog: If you are driving through fog, make sure you use your low beams, not your high beams.

A Michigan Car Accident Lawyer Can Help

If you have been injured in a weather-related accident in Michigan, a car accident attorney in MI can help you get the compensation you deserve. You can trust Conybeare Law Office to answer your questions, advise you on your best course of action, and handle your case so you can focus on taking care of yourself and your family. More specifically, we will:

• Protect your rights
• Answer all your questions about your case and keep you updated throughout the entire process
• Collect evidence that proves negligent behavior on behalf of the at-fault driver
• Establish a fair value for your damages and support your claim
• Negotiate with insurance company representatives and their attorneys
• Assess whether a settlement offer is fair
• Represent you in court if necessary
• Answer all your questions about your case and keep you updated throughout the entire process

Get a Free Consultation From a Michigan Car Accident Lawyer

Getting advice and help from a trusted Michigan car accident lawyer will help you navigate successfully through the legal claim process. The attorneys at Conybeare Law Office are experienced in helping injured clients obtain the settlements and awards they deserve. As skilled negotiators and litigators, we don’t back down until we get the results our clients deserve. You don’t have to pay anything to hire us: our legal services are free until you receive the compensation you are owed.

We serve the following areas:

• Berrien County
• Cass County
• Van Buren County
• West Michigan

Call The Bear today at 269-769-BEAR or fill out this contact form to schedule your free consultation. Remember: If it’s not fair, call the Bear!

Related Post: Holiday Safe Driving Tips