LEAVES, RAIN AND ROADS: AVOIDING AUTUMN CAR ACCIDENTS
Autumn is a wonderful time of year for Michiganders, with its breathtaking fall colors, cool evenings, crisp apples and warm doughnuts fresh from the cider mill. Unfortunately, a number of seasonal hazards make the roads dangerous for drivers, motorcyclists and bicyclists.
Here is an overview of the most common fall perils and how a Michigan car accident lawyer can protect your rights and win the compensation you deserve.
WHAT MAKES AUTUMN A DANGEROUS SEASON FOR DRIVERS?
There are several conditions specific to fall that increase the risk of car accidents. Here are the most common hazards drivers face during the months leading up to winter.
Falling leaves
When autumn leaves pile up on roadways or against curbs, they can obscure lane lines, including those designated for bicycles. Leaves may also block drains, causing puddles and slippery surfaces from accumulated rain.
Rain
Rain is more frequent in the fall, and the combination of rain and wet leaves can make roads as slippery as snow and ice.
High winds
Strong winds often blow leaves, branches and other debris onto roads, creating hazards for drivers, motorcyclists and bicyclists.
Fewer daylight hours
As the sun sets earlier each day, there are more hours of darkness, making it harder for drivers to see pedestrians or road signs and markers, especially in poorly lit areas.
Sun glare
Because the sun is lower in the sky, the light reflected on the road can be blinding to drivers.
Disrupted sleep cycles caused by Daylight Saving Time
Although there is only an hour difference, the twice-yearly time change affects sleep cycles and increases drowsiness for many people.
Morning fog
The combination of moisture and cooler temperatures in the morning creates fog that reduces visibility.
Frost and ice on bridges and elevated roads
When nighttime temperatures drop below freezing, frost and ice accumulate on roadways, especially elevated areas such as bridges and overpasses.
Reduced tire pressure
Tires lose pressure more quickly in colder weather, making a vehicle harder to handle.
School is back in session
Fall drivers must be extra cautious in school zones and residential areas where children are walking to and from school or boarding and exiting buses.
Increased deer population
Fall is the season when drivers are more likely to encounter deer and other animals on Michigan roads and highways, especially during dusk and dawn.
DOES MICHIGAN NO-FAULT INSURANCE COVER CAR ACCIDENTS CAUSED BY SLIPPERY ROADS?
Michigan No-Fault insurance covers injuries resulting from most auto accidents, regardless of how the crash occurred. When someone is injured, medical expenses are typically paid according to the level of Personal Injury Protection (PIP) medical coverage selected by the policy holder. A policy with unlimited medical benefits usually covers all reasonable and necessary medical services related to the accident, including rehabilitative therapy, medication, attendant care and transportation to and from medical appointments.
In addition, No-Fault benefits cover a portion of lost wages and replacement services for up to three years, regardless of the specified level of PIP medical coverage.
Injured passengers are generally covered by their own No-Fault policies or other health care insurance. Uninsured passengers may seek reimbursement from the Michigan Assigned Claims Plan (MACP).
In addition, accident victims who are less than 50 percent at fault may be able to sue the responsible party for medical expenses greater than the No-Fault coverage limits as well as intangible damages such as pain and suffering.
Because these cases involve complex legal issues, hiring an experienced car accident lawyer is the best way to receive the settlement you and your family deserve.
ARE MOTORCYCLISTS ELIGIBLE FOR NO-FAULT BENEFITS WHEN A CRASH IS CAUSED BY WET LEAVES OR OTHER ROAD HAZARDS?
No-fault coverage for motorcyclists depends on the circumstances of the accident. Because motorcycles are not considered “motor vehicles” under Michigan law, they are not eligible for the same coverage as cars, trucks and other passenger vehicles. The main difference is that standard motorcycle insurance policies do not include Personal Injury Protection (PIP) benefits, which typically cover accident-related medical bills, up to the limits of the policy, in addition to lost wages, replacement services and in-home care.
Motorcycle-only accidents
If a motorcyclist skids on wet leaves and crashes and no other vehicle is involved, No-Fault benefits do not apply unless the biker is insured under a policy covering another vehicle such as a car or truck. If not, medical expenses would be covered by the motorcyclist’s health insurance plan according to the terms of the policy. This is why many bikers purchase optional PIP coverage to supplement their basic motorcycle insurance.
Accidents involving another vehicle
A motorcyclist injured in an accident involving another motor vehicle, such as a car or truck, may be eligible for No-Fault benefits under the policy covering the at-fault driver (or vehicle owner). In that case, reimbursement would be limited to the Personal Injury Protection (PIP) medical coverage specified in the policy.
However, the motorcyclist may be able to file a claim against the responsible party for medical expenses exceeding the No-Fault coverage limits as well as intangible damages such as pain and suffering.
To achieve the best financial outcome, contact an experienced car accident lawyer as soon as possible, before talking to an insurance agent or signing any papers.
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