How is car crash liability determined in icy road conditions?


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Question:

How is car crash liability determined in icy road conditions?

Answer:

Car crash liability in the case of icy road conditions is determined in the same manner as car crash liability is always determined: the key factor will be whether the parties involved in the crash were behaving responsibly and exhibiting the care that a reasonable driver would have exhibited, given the circumstances.

Determining Liability: How Icy Conditions Factor In

Car crash claims are determined (in most states) by looking at traditional principles of tort law. When a party is involved in a car accident and files a personal injury lawsuit arising from it, the jury hearing the case will evaluate the other driver's negligence. If the other driver was found to be in breach of his owed duty to the injury victim, then he is considered in the eyes of the law to be responsible and to owe compensation.

If the accident occurred on an icy road, the ice is going to be a factor in determining whether the driver behaved reasonably. Most reasonable people would slow down when there is ice on the road and would drive carefully. If the person didn't do this or acted dangerously in some other way, he could be in breach of his duty to behave with reasonable care. This is true even if his actions would have been considered safe had the ice not been present. Since every case is looked at on an individual basis, variables like ice must be considered. 

Consulting Legal Counsel

To get help determining who is likely to be considered liable in your particular situation, you should strongly consider speaking with an attorney in your area for advice. 

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