Michigan is no stranger to bad weather, primarily during the winter when snowfall is high. Unfortunately, bad weather also results in more car accidents. Bad weather doesn’t remove liability for accidents, but it can make determining fault more difficult. A Michigan car accident attorney can help you through a car accident claim involving an accident in which bad weather was a factor.
How Weather Can Increase the Chances of Car Accidents
Bad weather increases the chance of car accidents primarily by affecting road traction or visibility.
- Traction – Inclement weather can interfere with the car’s traction on the road. This is especially true in a state like Michigan that receives some of the highest amounts of snow and ice during the winters. Bad traction can cause drivers to lose control and crash into property or other motorists.
- Visibility – Bad weather can also impact visibility. For instance, snow, ice, fog, and dust can limit visibility around the vehicle, making it harder to see other drivers. This effectively reduces average driver reaction times, so it’s harder for motorists to avoid collisions with one another.
Does Weather Affect Car Accident Liability?
Weather can make accidents more likely, but it does not erase liability. All drivers have a duty to operate their vehicles reasonably and prudently to minimize risk to others. This includes modifying their driving behavior to match weather conditions.
For example, imagine a driver approaching a curve while it is raining. Under normal, clear conditions, their speed would be appropriate for the turn. However, it’s too fast for the rain, causing them to hydroplane and crash into another car.
In this case, you could argue that the driver was negligent, given the weather. Even though their speed was appropriate for normal weather conditions, it was too fast for rainy conditions. The driver should have modified their speed for the weather. Failing to do so makes them negligent and liable for injuries they cause.
Can I Recover Compensation If I’m Partially at Fault?
Fortunately, you can still recover compensation from a bad weather accident, even if you’re partially responsible. Michigan’s comparative negligence laws let you recover compensation so long as you are 50 percent or less responsible. The catch is that any compensation you receive will be reduced according to your percentage of fault. So, a $100,000 settlement with 30 percent fault becomes $70,000 after accounting for shared negligence.
However, excess economic damages such as unreimbursed wage loss are not subject to the 50 percent bar. These are handled under pure comparative fault, meaning your compensation is reduced by your percentage of fault, even if you are more than 50 percent at fault.
The structure of this system impresses the importance of working with an attorney to minimize liability and maximize compensation.
Preventing Accidents in Bad Weather
The way to deal with accidents in bad weather is to avoid them in the first place. Below are some tips to keep yourself safe when driving in bad weather.
- Reduce speed by about 20 to 30 percent when driving in heavy rain or snow.
- Increase following distance to allow more space between drivers.
- Defog your windows and use headlights to improve visibility, even during the day
- Keep an eye out for drivers pulled over due to the weather so you can avoid them
- Minimize distractions while driving (e.g., texting, talking, eating, etc.)
Contact a Car Accident Attorney in Michigan Today
Bad weather can significantly increase the complexity of a car accident claim, so working with an experienced attorney is even more important. The attorneys from Atnip & Associates, PLLC, can represent you in the claims process and help you secure the financial compensation you need. We have experience in managing weather-related car accident claims and understand how to minimize your liability to maximize your returns. Contact our offices online or call today for a case consultation with a car accident attorney in Michigan.
