Blog

Can I Sue If I Am Injured in a Car Accident That Occurred During Poor Weather?

March 19, 2015 |
Can I Sue If I Am Injured in a Car Accident That Occurred During Poor Weather?
Poor Weather & Car Accidents

Sub-zero temperatures, significant snow accumulation, and icy conditions are an inescapable part of Michigan winters, as anyone who has lived through one can attest. As winter passes and we enter spring, wet roads and fog and mist can also be particularly treacherous. Poor conditions can make driving extremely hazardous by have a deleterious impact on both visibility and the ability to maintain control of a vehicle. Consequently, it is no surprise that serious car accidents often occur during winter storms or due to snowy or icy conditions. These accidents have the potential to leave victims with significant injuries and property damage, which can result in significant financial losses. The cost of medical treatment can easily rise into the hundreds of thousands of dollars, and victims may be unable to return to work for weeks or even months, if at all.

Fortunately, in many cases Michigan law1 often allows people who are injured in car accidents to recover for their economic and non-economic damages through a personal injury lawsuit. Whether victims will be able to recover depends on a number of factors, and it is important to have an attorney review the facts of your case so you can determine how best to proceed.

Poor weather is no excuse for careless driving

Drivers are legally required to operate their motor vehicles with a same degree of care that a reasonable person would in the same situation.  This is true whether it is 75 degrees and sunny or during a significant winter storm. As a result, the type of driving that would be considered reasonable in one situation may not be considered reasonable in another. Failure to exercise the appropriate degree of care constitutes legal negligence, and when negligence results in injury, victims are entitled to recovery. Some of the forms of driver negligence that can lead to accidents during poor weather include:

  • Speeding
  • Failure to use headlights
  • Improper vehicle maintenance
  • Distracted driving2
  • Impaired driving
  • Following too closely
  • Failure to yield3
  • Failure to stop at an intersection
  • Failure to observe traffic signals
  • Ignoring hazardous conditions

Whether an accident was the result of negligence is often a complicated legal question that requires significant analysis. It is extremely important, therefore, for anyone involved in an accident to discuss their options with an experienced lawyer as soon as possible.

Contact a Michigan car accident attorney today to schedule a free consultation

Can accident victims are often legally entitled to financial compensation for their medical expenses, damage to property, lost income, physical and emotional pain and suffering, and other losses. The attorneys at Michigan Injury Lawyers are dedicated to helping victims of preventable accidents obtain the maximum amount of recovery available under Michigan law. To schedule a free consultation with one of our lawyers, call our office today at (888)-454-0801.

References:

1 http://www.legislature.mi.gov/%28S%28pagvr53h0z355eeh2hhuumr0%29%29/
mileg.aspx?page=chapterindex

2 http://www.distraction.gov/
3 https://www.michigan.gov/documents/OffenseCode_73877_7.pdf