Every year on March 23rd, the World Meteorological Organization organizes events to highlight major weather phenomena like heavy fog and their impact on the planet. Nationally, every fourth Wednesday of January is the day for highlighting such phenomena. 

Among the most notable dangers in foggy conditions is the increased risk of auto accidents on the road. This guide delves into foggy conditions, accidents, and navigating liability for injuries that occur under the circumstances. 

Poor Visibility in the Fog

Limited visibility when driving in the fog poses a huge risk for drivers. Some days are worse than others as the level of risk is highly dependent on turbulent weather conditions. 

In some cases, you can only see a few feet in front of your vehicle. Poor sight dramatically increases the chances of rear-ending the vehicle in front of you, getting rear-ended, hitting a pedestrian, or running off the road. 

Liability in a Fog-Related Accident

Liability in a fog-related accident depends on the circumstances of the accident but can be like other types of accidents. A driver cannot claim poor visibility as a defense for causing an accident. The law demands driving safely under the circumstances, including driving at a speed that allows time to avoid an accident and increasing a vehicle's visibility by driving with lights on.

When using lights to improve visibility, consider low beam or fog lights, as high beam light can make your visibility even poorer due to glare. Allow for a wider distance between you and the driver in front of you, especially when fog is not the only hazard. 

Comparative Negligence

The driver that is negligent in their conduct will have liability for resulting accidents. However, it's important to consider that Michigan takes a modified comparative negligence approach to liability, meaning your part in causing the accident may impact the outcomes of your claim. For example, if you fail to indicate a turn and another driver rear-ends you, they can use your failure to indicate as a contributory factor and lower the value of a claim. 

Under modified comparative negligence, a claimant has a right to compensation if their fault doesn't exceed 50 percent. Also, recoverable damages are relative to the claimant's percentage of fault. For example, if your case is worth $100,000, and you are 30 percent at fault in the accident, you can only receive $70,000 as compensation. 

Get a Lawyer

You need a lawyer for all car accident claims, but the complexities that can arise in a fog-related accident make hiring a lawyer more crucial. By involving a lawyer, you introduce expertise and experience to your case, command respect from the opposing side, and reduce your chances of mistakes that could negatively impact your case. 

The best part is you do not need money to get a lawyer. Most Michigan car accident lawyers charge a contingency on winning the case and receiving a payout as compensation. Without the payout, you do not owe them anything. 

Recoverable Damages in a Fog-Related Accident

There is no difference in recoverable damages for fog-related auto accidents and other accidents. If you are successful with your claim, you will recover all monetary expenses and losses such as medical bills, lost wages, and the cost of prescription medicine and living aids. 

You may also recover non-economic damages such as disfigurement, disability, loss of life's enjoyment, pain and suffering, and so on. If gross negligence was a factor in the fog-related accident, you may recover punitive damages.