Icy Road Accidents: Who is at Fault for a Car Accident on Ice? [+ 27 Tips for Safer Winter Driving]

What are the Most Common Types of Winter Driving Accidents?

Drivers are involved in many types of accidents during the winter months. Rear-ending another vehicle, hitting a car while crossing an intersection or losing control and driving into a ditch are but a few examples.

The one thing that most winter accidents have in common is slippery road conditions caused by ice and snow. When roads are icy, motorists are more likely to lose control and go off the road or crash into another vehicle.

Furthermore, stopping distance increases as temperatures decrease. At 0 degrees F, the stopping distance is double the amount required at 32 degrees F.

Where is Ice Most Likely to Form?

Temperatures drop quickly on elevated surfaces such as bridges, overpasses and some freeway exit and entrance ramps. Therefore, these are common locations for icy road accidents. However, ice can form on any wet surface when the temperature dips below freezing, especially after a rainfall. Drivers should also expect icy roads in tunnels, under trees or other shaded areas where sunlight is scarce.

Why is Black Ice so Dangerous?

Black ice is actually a clear glaze that blends into the surface of the pavement and resembles wet blacktop. Black ice is usually impossible to see, which is what makes it so dangerous. It’s most likely to form when the temperature drops rapidly, such as early morning and evening. Black ice is often found on bridges, overpasses and shaded areas of a road or parking lot.

Signs of Black Ice Include:

• Cars suddenly swerving or skidding
• Brake lights ahead for no apparent reason
• Cars spinning out on the road or driving into ditches
• Shiny surfaces on the road next to dull black areas
• Absence of water spray on a seemingly wet road

Icy Road Accidents: Responsibility for Car Accidents Caused by Snow or Ice

Although drivers cannot control the weather or the resultant icy road conditions, a driver can control their speed and drive at a speed appropriate for the weather.  In circumstances where a motorist is not driving appropriately for road and weather conditions they can be held liable. However, under Michigan No-Fault law, accident victims seek reimbursement of expenses such as medical bills and lost wages from their own insurance policy, regardless of who was at fault for the accident.

Those who do not have their own policy can claim benefits from the policy of a spouse or relative living in the same household. Finally, individuals without No-Fault coverage may apply for benefits through the Michigan Assigned Claims Plan (MACP).

In addition, the injured victim(s) may be able to sue the at-fault driver for non-economic damages such as pain and suffering. These intangible losses are often substantial, depending on the severity and expected duration of the injuries.

In these situations, hiring an experienced auto accident lawyer will ensure the plaintiff receives the most advantageous financial outcome.

Recommended Reading:  Michigan No Fault Law Overview

Safety Tips to Help Prevent Icy Road Accidents

Prepare your Vehicle for Winter Driving

1. Equip your car with snow tires
2. Keep your gas tank close to full
3. Make sure your battery, lights and brakes are working properly
4. Check wipers and replace if necessary
5. Make sure all fluids are filled to recommended levels
6. Fill windshield wiper fluid reservoir and keep an extra supply in the vehicle
7. Store an emergency kit that includes a shovel, snow brush and ice scraper, sand or other abrasive material, flashlight, warm hat, heavy gloves, blanket, jumper cables, warning flares and cell phone charger

Reduce Speed and Increase Stopping and Following Distance

1. Increase normal following distance of 3-4 seconds between cars to 8-10 seconds
2. Drive slowly, below the posted speed limit when conditions are hazardous
3. Do not use cruise control when driving on icy or slippery roads
4. Accelerate and decelerate slowly
5. Slow down sooner than usual when approaching a traffic signal or stop sign  
6. Allow extra time to reach your destination

Follow These Guidelines to Avoid Skidding on Icy Roads

1. On snowy roads, steer to one side where the snow is whiter and less packed and avoid darker areas 
2. If wheels start to spin, let up gently on the accelerator and drive straight across the ice until traction returns instead of turning the wheel
3. Steer around an obstacle rather than apply the brakes when traveling 25mph or faster
4. If possible, slowly shift to a lower gear for added control
5. If you begin to skid, firmly press on the brakes to activate the anti-lock brake system (ABS)
6. For vehicles without anti-lock brakes, pump the brakes gently if you start to skid
7. For rear- or front-wheel skids, avoid slamming on the brakes and steer in the direction you want the car to go
8. When approaching hills, gently increase speed to gather momentum to get you to the top
9. Upon reaching the crest, reduce speed and slowly proceed downhill, applying brakes very gently if needed

Practice Safe Driving Habits in Winter and Throughout the Year

1. Avoid using a cell phone or engaging in other distracting activities while driving
2. On longer trips, take time to stretch, eat and drink (non-alcoholic beverages)
3. When fatigued, stop and rest or let someone else drive   
4. When possible, avoid driving when road conditions are extremely hazardous
5. Never drive under the influence of drugs or alcohol

Put Our Experienced Car Accident Lawyers to Work for You

Michigan No-Fault law is one of the most complex insurance systems in the country. Our experienced auto accident attorneys have the experience and successful track record you need to win the compensation you deserve.

For more information or to get your case started, contact The Sam Bernstein Law Firm or 1-800-CALL-SAM for a free, no-obligation remote consultation from the safety of your home.