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Black Ice Lawsuit Liability

Posted on 02/08/21 by admin in Auto Accidents

Winter weather in some parts of the United States may have more than just snow. Rain and snow could lead unsafe driving conditions, however black ice could be one of the worst and unpredictable scenarios. At times, car accidents have happened due to icy roads. Those who have been injured by a negligent driver, no matter if there was ice may wonder, “can I start a black ice lawsuit?” Also, what causes black ice in the first place? Continue reading this blog to find out what it is and if a black ice lawsuit is possible.

What is Black Ice?

Black ice is a thin transparent coat of ice that blends in with the road. This is why it’s called black ice because it matches the color of the pavement. Black ice starts out wet and forms when temperatures decrease below freezing. Most often ice forms around shaded areas on the road or bridges, so the sun can’t melt it. No matter how thin the layer of ice is, freezing roads could cause drivers to lose control of their car.

Even if a driver pays close attention to the road, black ice could still look like an ordinary wet road. Moreover, insurance companies don’t have your back. They may compensate you less than what your entitled to. Let alone if the insurance company even takes your side and pays you any compensation. You may want to contact a lawyer to get back to health quicker and be financially compensated fairly. After an accident like this, a black ice lawsuit may be a possibility.

Do Black Ice Lawsuits Exist?

Black ice lawsuits exist, yes. Hiring a personal injury or car accident lawyer may be possible. However, this lawsuit has to involve an injured party and another driver. Insurance companies won’t hold weather accountable.

After a car crash, first seek medical treatment if needed. Next, gather all information and evidence that you have access to. Then talk to a car accident lawyer and they will give it to you straight whether or not you should open a black ice lawsuit. Either way they should get you on the right track. In the end, a lawsuit like this may come down to who is held liable. 

Who is Held Liable in a Black Ice Lawsuit?

Before you answer this question, remember that insurance companies don’t charge the weather for it’s bad conditions. Someone has to be held liable for the unsafe driving and or road conditions

In the event of a car accident, the driver who failed to follow road laws may be held liable. A negligent driver could consist of someone who failed to yield when instructed, followed close to another car and didn’t stop in time, or collided with another driver when it was unsafe to turn or change lanes. These are just a couple examples. Typically a police report (which both drivers will have access to) will say who was “at-fault” in an accident. As well as evidence can be a good indicator of who is at-fault. Gathering evidence is important. Evidence such as pictures, videos from a dash camera or surveillance, or a police report. Any proof you can get a hold of may be helpful. Maybe you’ve never experienced an accident like this or an crash ever. However, there are measures that can be taken to prepare for a safer drive. It’s better to be safe than sorry because once you’re in that moment and you’ve lost control of your car, there’s no going back.

Driving Safety Tips

If you don’t need to be out when the weather is icy or bad in general, it’s always better to stay off the roads. However, if you’re on the road, preparing for the worst may save you from having an accident. 

First, remember to drive slower than normal. This may help you keep better control of your vehicle. Also, make sure to have enough space between you and the car in front of you. Have about at least 2 cars away from you and other drivers. The car in front may stop abruptly. Regardless, to the insurance company, it wouldn’t matter if they stopped all of a sudden if there was no space. Another tactic you could try to adding equipment to your car. For example, snow tires or a dash camera in case something happens to you. Nonetheless, even if you were in a black ice accident the insurance company may not care to get back the maximum compensation you are entitled to. This is why we encourage everyone to talk to a personal injury attorney first. A black ice lawsuit may be just what you need.    

Contacting a Personal Injury Law Firm to Discuss Your Claim

A car accident is scary and could lead to a long to-do list involving contacting the insurance company and getting treatment. The point of hiring a lawyer is so that the injured party doesn’t have to gather documents and talk to the insurance company. This way all they have to focus on is getting better. If you’re unsure, ask our team and we will give it to you straight: 202-933-1918. Bad weather can lead to uncertain situations. However, you can always be certain that our team wants the best for you.