Key Takeaways
- Wintry weather conditions, especially ice and sleet, are a common cause of car accidents in Michigan’s colder months.
- Michigan is a no-fault insurance state, meaning you can generally file a car accident claim with your own insurance company first.
- In some cases, you can also pursue compensation from another at-fault driver or the municipality where you slid on ice and had an accident.
- Working with a knowledgeable Michigan car accident attorney can help you determine the ideal strategy for obtaining compensation.
Michigan is known for its snow and cold temperatures every winter. Depending on where you are located in the state, you could see anywhere from roughly two to 15 feet of snow. It is nearly impossible to stay home for months on end when snowstorms and adverse weather seem never-ending. At some point, people need to go out.
Driving in wintry weather requires care and consideration to avoid a car accident. Many people wonder who is accountable and how claims are handled if they slide on ice while driving. In some cases, a person driving over the speed limit or driving recklessly can be held accountable for their actions. In other cases, determining fault can be tricky.
Approaching an accident claim after an icy road accident can be challenging. However, the experienced Michigan car accident attorneys at Matz Injury Law have extensive knowledge in this area of the law and are ready to assist individuals seeking legal guidance. If you or someone you know is facing such a situation and is looking for answers, contact us today for a free consultation.
Icy Road Accident Statistics
Statistics suggest that each year, 536,731 crashes, 136,309 injuries, and 1,836 deaths occur nationwide due to icy road conditions. With significant wintry weather being the norm in Michigan, it is no surprise that ice-related accidents will tend to occur.
Related Article: 8 Life-Saving Tips While Driving in The Snow
What Types of Accidents Are Common on Icy Roads?
Car accidents can occur at any time of year, but the winter presents additional hazards and challenges when navigating Michigan roadways. These common hazards include black ice, reduced traction, and poor visibility, which contribute to crashes.
Rear-End Collisions
Ice creates an issue because it is difficult to stop quickly when it is present, especially black ice, which might not be seen. This means stopping distances are reduced, and skidding events are more prominent, leading vehicles to rear-end other vehicles.
Multi-Vehicle Pileups
Ice often leads to chain-reaction crashes, especially on highways. All it takes is one vehicle in the front of the line to be speeding and slide sideways, crashing into other vehicles. Alternatively, vehicles may be traveling behind other vehicles and slide into them, creating multiple crashes.
Single-Vehicle Accidents
Single-vehicle drivers are not immune to ice-related accidents. Drivers might lose control of their vehicle and slide into ditches, guardrails, or other objects. In some cases, speed or distracted driving might factor into the cause of the crash. In other scenarios, poorly treated roadways, ice, or black ice could be the culprit.
Intersection Accidents
Ice creates a situation where it can be difficult to stop. These braking delays, coupled with slippery surfaces, can increase accident risks at traffic lights and stop signs.
Head-On Collisions
Skidding on ice and the driver’s lack of control can cause them to spin or veer into oncoming traffic and crash into other cars, trucks, or motorcycles.
What Parties Can Be Held Liable for Icy Road-Related Accidents?
Oftentimes, icy road accidents are classified as at-fault collisions by car insurance companies because they feel sliding on ice is preventable. This does not mean you will always be held responsible.
Michigan is a no-fault insurance state, which means you typically would turn to your own insurance in most cases. However, you can also potentially pursue additional claims or lawsuits against other responsible parties.
Duty of care plays a prominent role in determining fault in an icy road-related crash, and, in Michigan, fault can be placed on another driver or the municipality.
Can Other Drivers Be Held Liable for Sliding on Icy Roads Causing an Accident
Drivers can still be at fault for an accident that occurred on icy roads if they were not complying with their duty of care.
Drivers can file a civil complaint against other drivers responsible for a recent accident, even if ice is primarily to blame for losses. For example, reckless driving by a motorist or municipalities not properly or reasonably maintaining roads could also come into play.
This means you could file a claim against the at-fault party responsible for any injuries or other damages. To succeed, you will need to prove another party owed you a duty of care at the time of the accident.
Can Municipalities Be Held Liable for Icy Road Accidents?
Under certain circumstances, municipalities could be held liable for icy road accidents because they are responsible for maintaining safe road conditions. This includes plowing, salting, and addressing accessibility during winter weather.
Possible causes under the liability umbrella include lack of clearing snow, failure to salt and sand roads, leaving massive snowbanks that limit visibility, broken guardrails, and a lack of warning signs are a few potential negligent actions.
Failure to adequately perform these duties may contribute to a car accident. In such cases, liability must be proven.
Understanding Drivers’ Responsibility to “Duty of Care” in Icy Road Accidents
Duty of care refers to one party’s legal obligation to maintain safety for others by acting responsibly or refraining from actions in ways that could cause harm. All motorists are obligated to use reasonable care, follow traffic directives, and operate their vehicles safely.
To successfully prove a duty of care breach, you will need to demonstrate the at-fault party owed you a duty of care and breached this duty, leading to your injury.
Related Article: Is it Safe to Ride a Motorcycle When it is Snowing?
How Do You Report a Sliding on Ice Accident?
To report an icy road accident in which your vehicle slid unexpectedly, you should take the following steps:
- Contact the authorities to come to the crash site to create a police report.
- Document current road conditions with photos, video, eyewitness testimony, etc.
- Notify your insurance company about the accident.
- Consult a Michigan car accident attorney as soon as possible.
It is important to carefully document the accident scene and any other relevant circumstances present. Accurate reporting for liability and insurance claims is a must.
What Compensation Can I Expect for a Car Accident on Icy Roads?
Both economic and non-economic damages are available after a car accident caused by black ice or other icy road conditions. The following are types of damages you can potentially pursue.
Medical Expenses
Compensation to cover the costs of emergency care, rehabilitation, and ongoing treatment is fairly standard when it comes to compensation for any car accident.
Pain and Suffering
Pain and suffering is a form of non-economic damages and can be difficult to prove. However, this type of injury, which encompasses both physical and emotional pain, is very real. A skilled attorney will know how to determine the value of pain and suffering experienced after an accident and how to present these damages.
Vehicle and Property Damage
Vehicle and property damage are types of economic damage. Insurance companies will typically provide coverage to cover the costs associated with repairing or replacing vehicles damaged in an icy road accident.
Lost Wages
Injuries from a car accident often prevent victims from going to work or being able to perform their jobs. Recovering compensation for lost wages or loss of future earning capacity is a type of economic damage victims can pursue.
Towing and Other Out-of-Pocket Costs
Towing, transportation, and related expenses are forms of economic damage. An accident victim can produce receipts for reimbursement or payment of such damages.
What Role Does Auto Insurance Play in Icy Road Accidents?
Insurance companies play a primary role after an accident caused by bad weather and icy conditions. An insurance adjuster will assess the accident and determine damages.
The types of insurance policies often used to pay for damages include liability coverage, collision coverage, and PIP coverage up to the policy limits that have been purchased by the policyholder. Victims are typically responsible for deductibles.
If the insurance company determines the icy road crash is an at-fault accident, they may lowball compensation offers.
Common Types of Insurance and Damages They May Cover
The following are different types of insurance coverage available in Michigan and the damages they will pay to accident victims.
Liability
Drivers in Michigan must carry liability insurance, which will pay for medical bills, property damage, and legal fees if determined to be at fault in a car accident. Bodily injury liability is included in this coverage.
Collision
Collision coverage is optional in Michigan. Drivers can purchase either limited (least expensive), standard, or broad form (most expensive). This coverage pays for car repairs, regardless of fault.
Medical Damage
Personal injury protection insurance (PIP) covers medical damages in Michigan car accidents, including medical bills and lost income.
Towing a Damaged Car
Towing and rental car coverage is an optional add-on in Michigan-based auto insurance policies. If your car is undrivable after experiencing an accident, this coverage will pay for towing and the cost of a rental car.
Can You Sue Someone for an Icy Road Collision in Michigan?
In Michigan, due to the no-fault law, you likely cannot file a claim against the other driver. However, under specific circumstances, you can file a claim against the other driver’s insurance company. You must still prove that the other driver is liable for your damages or wrongful death.
Related Article: 2024 Guide to Michigan Car Accident Lawsuits
Do I Need a Car Accident Lawyer for an Ice-Related Crash?
Technically speaking, you do not need an attorney for an ice-related crash, but it can be extremely beneficial. Your car accident lawyer can help you deal with the legal complexities after an ice-related crash.
Insurance policies will typically cover financial losses (economic damages), so you may have to look at other options for non-economic damages because insurance companies often dispute these losses. This is a legal area where obtaining a free case evaluation from a personal injury lawyer can be highly beneficial.
Attorneys can also provide legal advice for insurance claims, determining fault, negotiating with insurance companies, and recovering compensation. Bottom line, an experienced car accident attorney can advocate for fair compensation and guide you and your loved ones through the legal process.
Why Clients Choose Matz Injury Law
Matz Injury Law is a client-first law firm. People suffering from injuries come to us for legal representation because of our strong reputation for being communicative, transparent, and honest. We also travel to all areas of Michigan’s Upper and Lower Peninsulas to meet with our clients.
As a lower-fee law firm, we do not charge the industry standard of 33 1/3%; our fee is only 22% of the compensation we recover. To date, we have recovered hundreds of millions of dollars for our clients.
Testimonials
“I was advised by Steve Matz over several days regarding a previous auto accident. He was very diligent with providing me the information I needed to be successful. I was very worried and misguided about the steps I needed to take to manage the lawsuit and obtained his contact information from one of the law firm’s previous clients. I appreciate all of the time he took to get me back on track.” – Domonique B.
“Steve was outstanding from the first telephone conversation all the way through until he settled my case at an amount that exceeded my expectations. He is a consummate professional and a compassionate attorney and I would highly recommend him if you ever find yourself in need of a personal injury attorney.” – Sharyn G.
“Following a near head on collision that left my wife with serious injuries to her leg and a head injury from the air bag that caused “instant onset dementia”, she has been deteriorating and needs constant supervision. Hats off to Steve Matz and all the work he and his firm have done to secure the compensation needed from the insurance company to facilitate her care. Without his tireless help I don’t know where we would be today. I highly recommend Matz Injury Law and if needed would definitely utilize them again.” – Thomas C.
Injured in an Accident Caused by Black Ice? Matz Injury Law Can Help.
Matz Injury Law is committed to helping Michigan’s injured receive fair compensation and justice. To date, we have recovered more than $300 million for our clients and will keep fighting.
Our caring and compassionate attorneys understand the pain and uncertainty injury victims suffer after a car accident. To schedule an appointment for a free consultation with one of our attorneys, call us at 1-866-22Not33 or fill out our online contact form.
Frequently Asked Questions
Yes, Michigan is a no-fault state, which means you must first file a claim under your own insurance policy.
After a car accident on icy roads, you should determine everyone’s safety, document the scene, and contact a police officer to file a report. It is also important to notify your insurance company promptly to initiate the claims process.
To prepare for Michigan’s frigid and wintry weather conditions, take time to be proactive.
- Check weather and road conditions before venturing out
- Allow extra time for travel
- Use extra caution when driving
- Plan alternative routes
- Check your vehicle’s main indicators
- Assemble an emergency road kit
Additionally, verify that your vehicle is adequately equipped for winter driving conditions, such as having good tires and functioning brakes.
To prevent car slides and ice accidents, use safe winter driving techniques. This includes driving slowly, adapting speed, maintaining safe following distances, avoiding sudden movements, and knowing how to correct a slide.
If you are partially at fault for sliding on ice, your compensation may be reduced based on the percentage of fault assigned to you. It is important to consult with a personal injury attorney to understand how comparative fault laws apply in your situation.
If another driver loses control of their vehicle on icy roads and causes an accident, they may be liable for damages. It is recommended to seek legal advice from a car accident lawyer to help you receive fair compensation for any injuries or property damage sustained.
