Michigan Drivers’ Responsibility: The Winter Weather Accident

Causal Factors: How Winter Accidents and Car Trouble Come To Be

Every year hundreds of thousands of crashes happen. In fact, the Michigan State Police report that in 2014 there were 298,699 crashes. And with winter approaching fast, the number of accidents goes up because of severe weather, poor road conditions, low visibility, increases in drinking around the holidays, and car breakdowns due to a combination of insufficient maintenance and hazardous driving condition. If you are involved in an accident, it is best to be prepared. There are several things you can do to prepare.

The Legal Fix: Ways You Could Recover

What if your car is damaged because of a sinkhole, pothole, narrow road, or unsalted or slick roads? If your car is damaged because of bad road conditions, you could file a lawsuit against the city, state, or county, but there are many requirements and limits. You would need to show that the governmental entity was negligent in proper maintenance of the road. This means showing whether they knew or should have known about the dangerous condition on the road. If you hit a pothole and it damages your suspension, you would still have to show that they knew or should have known about it. Of course it would be helpful the longer the pothole has been there and if other people like news organizations had written about it.

Sue for Damage from PotholeIn Michigan, you would contact the MDOT office in the region where your car sustained damage to file a claim. The claim would be only for the damages beyond what your insurance pays for up to $1,000. You would have to show that MDOT failed to maintain the road and had an opportunity to repair it, or that the condition was there for more than 30 days. Many of these claims are denied because of governmental immunity. If you want to recover more than $1,000 then you would have to file a lawsuit against the state, and an attorney would be essential to helping with this.

If you want to sue a governmental entity because poor road conditions — for example, potholes, erosion, damaged/missing guardrails, insufficient signage — caused an accident, then the requirements are a little different. Again, you would have to show that the governmental agency was negligent, by not maintaining the road properly or failing to warn of a danger. You would have to show that the road condition actually caused damage to your car. You must also establish that the entity or agency could actually be sued as they might be immune to suit. Federal and state governments have sovereign immunity and cities, counties, and other small governments have governmental immunity. These kinds of cases are complicated, and you should speak with an experienced attorney to find out if you have a viable case.

Common accidents during winter include rear end collisions, losing control on slick roads, collisions due to poor visibility, trucking accidents due to drowsy driving or poor truck maintenance, DUIs/OWIs during the holidays, and inattentiveness. The same laws that apply any other time of year apply to drivers in the winter. You should still drive defensively, even more so, as the weather exacerbates poor driving conditions. Michigan's Basic Speed Law is especially important, however, as the weather gets worse. It says you should travel at a “careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and of any other condition then existing.” So drivers should take into account treacherous road conditions and low visibility before speeding and tailgating.

The Do-It-Yourself Fix: Winter Prep Maintenance

Check your tire air pressure and tread, keep ice and snow off your windshield and wipers, get your brakes checked, and makes sure headlights and interior lights work. Make sure your battery does not need to be replaced. Cold weather can be taxing on your battery and charging system, so it is important to get it checked out. Keep your gas tank at least half full to prevent a gas line freeze. Check your antifreeze levels to prevent overheating by flushing the coolant system, checking for leaks, and filling it to the proper level.

Winter EmergencyIf you have been putting off getting a tune-up, then it is time to get it done before winter hits. Winter weather is responsible for increasing the likelihood of slow startups, pings, and troublesome idling. It’s always a good idea to schedule a maintenance check to have a knowledgeable mechanic thoroughly look over your car so you will be safe on the road.

Emergency Items for Your Car

Seriously consider keeping a number of emergency items in your car in case you are involved in an accident or end of up stranded in a remote area. The following items should be securely stored in your trunk or other compartment:

  • Ice scraper and snow brush
  • Flashlight and batteries
  • Candles or lighter and matches (secured to prevent unintended lighting)
  • Spare cell phone batteries or chargers
  • Warm sleeping bag
  • Flares
  • Unperishable food
  • Water
  • First aid kit
  • Jumper cables
  • Heavy duty rope
  • Canned instant tire inflator
  • Snow chains
  • Jack

Learn more about winter weather hazards and tips to prepare yourself:

Fill out the online form.
closeClose