Michigan Black Ice Accidents: Liability and Compensation Guide

When winter comes to Michigan, our roads can become extremely dangerous. One of the most dangerous effects of snowstorms is “black ice.”

Black ice can make what appear to be normal concrete surfaces very slippery. On the highway, black ice increases braking distance and stopping times, and it is a major factor in rear-end car accidents.

The big question is: Can you sue for a crash caused by the weather? The answer is often yes. Drivers who are at fault for causing a black ice accident in Michigan can be held responsible.

The Michigan car accident lawyers at the Lee Steinberg Law Firm have recovered millions for our clients, getting their outstanding medical bills and lost wages paid, and a large settlement for their injuries.

What is Black Ice?

Black ice is a very thin, transparent layer of ice that forms quickly when water molecules attach to the cold ground surface.

Black ice can occur even when the air temperature is above freezing. Because ice takes on the color of the underlying surface (usually asphalt), it can be very difficult to spot, making it incredibly dangerous for drivers.

What are the Michigan Traffic Rules for Driving on Black Ice?

Every driver is responsible for driving with due care and caution, given the road conditions. In fact, MCL 257.627 requires that:

“A person operating a vehicle on a highway shall operate that vehicle at a careful and prudent speed, not greater than — nor less than — what is reasonable and proper considering traffic, surface conditions of the roadway, and any other conditions at the time.”

In addition, an individual shall not operate a vehicle on a highway at a speed greater than that which will permit a stop within the assured, clear distance ahead.

In snowy conditions, this means:

• Driving more slowly.
• Maintaining a large following distance.
• Exercising extreme caution when turning and stopping.

Fines and tickets can be given by law enforcement for failing to obey these rules, even if the speed limit sign says 70 MPH.

Who is Responsible for Causing a Black Ice Accident?

The car operator who does not drive with due care and caution, or drives negligently and loses control of their vehicle, is generally held responsible.

This is logical, but cases involving black ice are complicated. This is especially true in situations involving multi-car pile-ups.

When multiple crashes occur due to black ice and a wintry mix, multiple drivers may be at fault. Figuring out who really caused the collision is important for uncovering the truth and obtaining full compensation.

In these situations, hiring a great Michigan car accident lawyer who can conduct a fast and thorough investigation is key. Obtaining witness statements and getting the black box information from the vehicles involved can make the difference between winning and losing. An experienced Michigan black ice accident law firm will do this for you.

Can the Vehicle Owner Be Held Responsible?

Yes. Under Michigan’s owner liability statute, the vehicle's owner(s) can also be held responsible for injuries caused by the negligent driver following a black ice accident. So long as the owner gave the driver permission to use the vehicle, the owner is on the hook too.

Can the City or County be Held Responsible for Black Ice?

In almost all situations, the city, county, or municipality responsible for removing ice and snow from Michigan roads cannot be held legally responsible for injuries resulting from winter weather crashes.

This is because cities are generally immune from civil liability for black ice accidents in Michigan. Although cities, counties, and the State must keep their roads in reasonable repair, the Michigan Supreme Court has held that this duty does not extend to removing snow and ice on highways and streets.

Compensation Guide: Getting Paid After a Crash

Michigan drivers and passengers are entitled to compensation for their injuries. When winter weather like black ice causes a crash, a good Michigan car accident lawyer will present evidence to the insurance company to demonstrate why you are entitled to full compensation.

1. What Michigan No-Fault Benefits Am I Entitled To?

Almost all individuals are entitled to Michigan no-fault benefits following a car collision. These benefits include:

• The payment of medical expenses.
• 85% of lost wages for up to three (3) years.
• Payment for replacement services (household chores).
• Payment for transportation to doctors’ visits.
• Payment for attendant care provided by friends, family, or professional services.

The no-fault carrier responsible for paying these benefits is set forth by Michigan law. Contact our lawyers to find out which carrier must pay.

2. What About Pain and Suffering Compensation?

Pain and suffering cases are part of every negligence case. In other words, the at-fault driver and the car owner are responsible for paying for pain and suffering, emotional distress, anxiety, depression, and scarring related to the crash.

However, Michigan requires a person to prove a “threshold injury” to be eligible for compensation. That is why contacting a Michigan black ice accident lawyer immediately after a crash is essential. It is vital to protect your rights because the insurance company will try to minimize your case.

What is My Car Accident Case Worth?

The pain and suffering settlement an injured person can receive depends on a number of factors:

• The severity of the injuries: This is very important. The more severe the injuries are, the higher the value. A judge or jury will award more money for a broken leg requiring surgery than for a bruised hip that heals quickly.
• The insurance policy: This factor is underappreciated. Often, a person cannot get more than the insurance coverage in place after a crash. This is why hiring aggressive lawyers soon after a crash is important to find all available policies.
• Is future medical care required? If an injury is ongoing and will require future medical treatment, this will increase the value of the settlement.
• The quality of your lawyer: Aggressive lawyers who are feared by the insurance company will get you more money, plain and simple. At the Lee Steinberg Law Firm, we have obtained numerous seven-figure settlements for clients in the past few years.

Strategies to Increase Pain and Suffering Compensation

There are strategies your lawyers should incorporate into your case to ensure a higher settlement:

1. Helping you obtain immediate medical attention.
2. Ensuring continuing medical treatment by doctors as needed.
3. Gathering evidence such as witness statements, photographs of the accident scene, and vehicle damage.
4. Retaining an accident reconstruction expert.
5. Documenting how the car accident has impacted your life on a day-to-day basis (hobbies, chores, and events you can no longer do).

Common Questions About Black Ice Accidents

How Much Does a Black Ice Car Accident Lawyer Cost?

The Michigan black ice car accident lawyers at the Lee Steinberg Law Firm never charge anything until we win your case. There are no upfront fees or costs. We only charge an attorney's fee if there is a successful outcome. This is our promise to every client.

How Long Do I Have to File a Lawsuit?

In general, an injured person has three (3) years to file a lawsuit in court against the proper defendants after a car accident. This includes cases involving snow, ice, and black ice. There are different rules for minors and in cases of wrongful death.

The Best Michigan Black Ice Lawyers Who Get Results

If you were injured because of what someone else did – or didn’t do – there’s no need to face your injuries alone. The experienced Michigan black ice car accident lawyers at The Lee Steinberg Law Firm, P.C. are here to fight and win for you.

Don't suffer in silence if you have been injured because of someone else’s negligence. Call a lawyer who has recovered hundreds of millions for clients throughout Michigan for over 50 years.

Call us at 1-800-LEE-FREE (1-800-533-3733) for a free legal consultation. There are never any fees or costs unless we are successful in getting you compensation.