Stay Legal, Stay Safe: Michigan Laws for Driving in Challenging Weather

In bad weather, motor vehicle operators must make reasonable and proper adjustments to the way they operate their vehicles to avoid any claims of negligence and fault for causing any car and truck accidents. Here’s a breakdown of Michigan Laws that apply to driving in adverse conditions:

Adjusting Speed According to Weather Conditions 

The Michigan law regarding speed limits and restrictions states that “a driver of a motor vehicle  must drive at a careful and prudent speed, not greater than or less than is reasonable and proper considering other traffic on the road, the surface conditions on the road, and any other conditions existing at the time.” (MCL 257.627) This language means that a driver has to consider and respond to things other than just the posted speed limit including the roads being wet, snowy, icy, or slippery.

Tip: Slow down when conditions demand a speed less than the posted limit to ensure safety.

If a person is driving too fast for conditions, the person is in fact violating Michigan Law and will be found negligent and responsible for causing accidents and injuries when there are collisions with other vehicles. Therefore, it is important to be careful and safe by slowing down when conditions require a speed less than the posted speed limit.

In bad weather, the posted speed limit quite often is no longer the applicable speed limit. It is not an excuse to tell a police officer that you were driving less than the posted speed limit or at the posted speed limit when there is a motor vehicle accident caused by improper speed or improper change of lanes in the face of wet, snowy, icy, or slippery roads. When the road conditions change then the speed limits change according to the applicable law as described above.

Michigan’s Rear End Accident Law Still Applies During Slippery Conditions

It is important to keep in mind some additional laws when facing bad road conditions. For instance Michigan has a rear end accident law [MCL 257.402], and it states that when a vehicle traveling in a certain direction, runs into the back of a vehicle traveling in the same direction or a vehicle that was lawfully stopped or standing in the roadway, due to traffic or other reasons, the driver of the striking vehicle is deemed to be guilty of negligence. 

Additionally, if the driver of a vehicle violates any one of the other statutes contained in Michigan’s Motor Vehicle Code which is found in chapter 257 of Michigan’s Compiled Laws, the driver is presumed to be negligent. This is true unless the driver has evidence providing for some reasonable excuse for violation of the law. If there is no reasonable excuse, then the presiding judge may make a finding of negligence herself or will instruct the jury to make a finding of negligence for the offending driver concluding that the offending driver was in fact negligent and therefore liable for any legally allowable injuries or damages resulting from the accident.

 Tip: Adhering to Michigan’s Motor Vehicle Code is crucial to avoid negligence claims.

Michigan’s Sudden Emergency Law May Not Apply During Slippery Conditions

Michigan has a sudden emergency law that can sometimes excuse a violation of a motor vehicle rule or statute. However, usually the sudden emergency defense will not be applicable in a case involving wet, snowy, icy, or slippery roads. The law states that “a driver confronted with a sudden emergency, not of the drivers own making, is excused for violating a motor vehicle law if the driver was not able to avoid the motor vehicle collision even though the driver tried her best to act with ordinary care when faced with the sudden emergency.” 

However, it is well established in Michigan law that the sudden emergency defense does not apply when a driver of a motor vehicle is on notice of the bad weather and should reasonably understand that he or she may encounter slippery conditions when roads are wet, snowy, icy, or slippery. Notice of the weather, and common knowledge in Michigan that with bad weather you can at times encounter slippery conditions, greatly decreases the driver’s use of the sudden emergency defense.

Tip: Be cautious and anticipate slippery conditions, as sudden emergency defenses may not apply.

Michigan Drivers Must Adjust and Modify Driving for the Road Conditions

It is imperative that motor vehicle drivers in Michigan adjust and modify their driving actions and habits in response to bad weather and slippery conditions on the road. It is important for the safety of themselves, their families and other members of the public who are on or near the roadways. 

Tip: Prioritize safety by modifying driving habits in adverse conditions.

If you are driving reasonably and properly in the face of bad weather, but someone else is not and they cause an accident with you or a family member, please give us a call. The attorneys here at Giroux Pappas Trial Attorneys, have a lot of experience with auto accident cases and our specialists on the Michigan Motor Vehicle Code and all applicable rules and statutes. 248-531-8665