Winter is coming to Michigan, and so are icy roads and difficult driving conditions. Mother Nature took a warning shot at Michigan drivers as slippery roads are being blamed for an accident that killed one person and injured three.
The accident
An SUV was heading east on I-94 when the driver lost control of the vehicle and struck a guard rail. The driver apparently managed to bring the vehicle to a full stop on the side of the road, and one of the four passengers got out to check on the driver. As the passenger was standing by the vehicle, she was struck by a Buick Lucerne, whose driver had aslo lost control of his vehicle. The woman was crushed between the Buick and the SUV, and she later died from her injuries.
The driver of the Buick and two persons who were passengers in the Buick suffered injuries that were not specified by the police. No other injuries were reported.
Police concluded that the accident was partially caused by cold, slick rain and icy road conditions.
Is anyone at fault?
Mother Nature, of course, has lifetime and complete immunity from suit. Can anyone else be sued for this accident? Poor driving conditions do not excuse the duty to use due care when driving. The driver of the Buick may have driving faster than was warranted by the conditions. The driver of the SUV may also have been negligent in handling his vehicle under the existing conditions.
Conclusion
Anyone who has suffered an injury or lost a loved one under similar circumstance may wish to consult an experienced auto accident lawyer for an evaluation of the facts and the role of the weather and for an opinion on the likelihood of recovering damages for medical expenses, lost income, present and future disability, and pain and suffering.