WINTER CAR ACCIDENTS: NAVIGATING ICE AND SNOW AND RECEIVING THE COMPENSATION YOU DESERVE

While many Michiganders enjoy the sight of a snow-covered landscape, few enjoy the accompanying perils of icy roads and blinding storms. While many hazards, such as black ice, are unavoidable, reducing speed and taking other precautions can reduce the risk of a serious winter car accident.

Here is a guide to safer winter driving and why it is important to call an experienced car accident attorney if you or a loved one is injured.

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THE LATEST WINTER CAR ACCIDENT STATISTICS

According to the most recent data from Michigan State Police, which covers the months of October, 2021 through April, 2022, the majority of car accidents occurred because drivers failed to slow down or adjust other driving behaviors to accommodate winter road conditions such as ice, snow or slush.

Here are the latest facts:

• There were 35,782 crashes during the winter of 2021-2022
• 78 of these accidents were fatal, resulting in the deaths of 85 people  
• An estimated 4,075 people suffered injuries ranging from minor to serious
• The most frequently reported accident cause, cited in 15,610 crashes, was speeding or driving too fast for the road conditions
• The second most common cause, cited in 5,805 accidents, was failing to stop in time to avoid a crash
• Deer were involved in 3,035, or 8.5 percent, of the overall total of winter crashes
• Buses and heavy trucks were involved in 1,976, or 5.5 percent, of the total number of accidents
• In 79.4 percent of the winter crashes, the posted speed limit was 55 mph or lower
• The posted speed limit was 40 mph or lower in 29.7 percent of the accidents
• More than half of the crashes (53 percent) involved only one vehicle
• Rear-end crashes comprised 14.5 percent of the total while 11.5 percent were angle crashes
• Of the 78 fatal winter accidents, 32, or 41 percent, were single-vehicle, 25 (32.1 percent) were head-on and eight (10.3 percent) were angle crashes
• The highest number of winter weather crashes occurred in Wayne County (4,160), followed by Oakland (3,322), Kent (2,406), Macomb (1,470) and Genesee (1,339)

DOES MICHIGAN NO-FAULT COVER WINTER CAR ACCIDENTS?

In most cases, yes. Injured drivers and passengers typically receive Personal Injury Protection (PIP) benefits from their own No-Fault policy (or that of a spouse or relative from the same household). PIP benefits include medical and hospital bills, prescriptions, rehabilitative therapy and other necessary services, including home care, up to the coverage level chosen by the policy holder. In addition, PIP benefits cover 85% of lost wages and up to $20/day for replacement services such as housekeeping or yard work.

However, because the 2019 No-Fault reforms allow policy holders to choose their preferred level of PIP medical benefits, accident victims may incur medical bills far above their coverage limits.

To receive compensation for these excess costs, in addition to damages for non-economic losses such as pain and suffering, the victim must file a claim against the at-fault driver. Since these cases involve a complex legal process, hiring an experienced car accident attorney is the best way to ensure a successful result.

HOW IS FAULT DETERMINED IN A WINTER CAR ACCIDENT?

To receive compensation for intangible losses such as pain and suffering and medical bills exceeding the victim’s No-Fault policy limits, it is necessary to prove that another party was at least 51 percent at fault for the accident.

Here are some of the tools law enforcement officers and insurance adjusters may use to determine who was responsible for the crash:

• Photos of the vehicles and the accident scene
• Witness testimony
• Video surveillance footage
• Police report
• Black box from the vehicles
• Interrogatories and depositions from drivers, passengers and witnesses

To avoid paying out a large settlement, insurance companies use their own investigators and lawyers to try placing blame on the other driver(s). This is why it is essential to hire an experienced car accident attorney who knows how to fight for your rights and win the compensation you deserve.

Recommended reading: Do You Need A Lawyer For A Car Accident That Was Not Your Fault?

HOW TO SURVIVE A WINTER CAR EMERGENCY

Winter weather is unpredictable, and a heavy storm can cause a variety of driving mishaps, including impassable roads, vehicles stuck in snowdrifts and bumper-to-bumper traffic.

Prepare for winter emergencies by making sure your vehicle is ready for the season.

• Inspect tires monthly for damage and wear
• Fill tires to the manufacturer’s recommended pressure indicated in the owner’s   manual
• Make sure you have a spare tire that is in good condition
• Check all lights, including headlights, brake lights, turn signals, emergency flashers and interior lights
• Check windshield wipers and replace worn blades
• Fill reservoir with high-quality de-icer fluid and keep an extra container in the trunk
• Check coolant levels and top off or replace if needed
• Keep gas tank filled at least halfway in cold weather
• Equip your vehicle with emergency winter supplies that include:
  • Ice scraper
  • Snow shovel
  • Sand or kitty litter
  • Jumper cables
  • Flashlight, and warning devices such as flares
  • Blankets
  • Cell phone charger
  • Water and non-perishable food items
  • First aid kit 

If you are stranded due to wintry weather, follow these safety tips:

• Avoid idling with the car windows shut or in an enclosed space
• If the interior of the car is too cold, clear any snow off the exhaust pipe and run the motor just long enough to get warm
• Put bright markers on the antenna or windows and keep the interior dome light on
• Call for emergency help if anyone is injured or at risk of harm

CONTACT OUR EXPERIENCED MICHIGAN CAR ACCIDENT ATTORNEYS TODAY

If you or a loved one is injured in a Michigan car accident, we can help. Our experienced lawyers have the skills, knowledge and resources to win the compensation you and your family deserve.

Michigan car accident law is complicated, but finding the right car accident attorney is simple.

Don’t let the legal clock run out. Start your case today by clicking on the link below or calling 1-800-CALL-SAM for a free, no-obligation consultation with a member of our legal team.

Help is just a click away®.

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