As one might suspect, winter car accidents are plentiful and liability can shift to someone other than the driver under certain circumstances.
Reasonable Care
A driver in winter must be cautious on icy or snowy roads and an accident resulting from a driver’s unreasonable driving in these conditions will likely result in liability resting solely on the driver. Speeding and not allowing enough space between cars to allow a safe stop on ice are examples of failure to use caution. There are instances though where drivers are using caution, and yet winter accidents happen which could not be avoided by the drivers.
Two or More Drivers May be Equally Liable
It is more common in winter than in other times of the year for multiple car accidents to occur because drivers do not have the same amount of reaction time available on snow or ice-covered roads to bring a car to a stop. It is possible for drivers to be driving cautiously and still end up in an accident when driving on snow and ice. Cars often slide into each other on icy roads; both from rear-end collisions and head-on collisions, or from side swipes when cars spinout due to braking on ice. When two or more drivers are both sliding on the icy roadways, it is almost impossible to assess more liability to one than another. Attorneys for the insurance company or for the driver will both attempt to show that one driver was not using reasonable care for the driving conditions, but ultimately a jury may determine the road conditions were to blame rather than either driver.
Responsibility of Road Maintenance
Business owners, cities, counties, and states all have varying degrees of responsibility for clearing parking lots, driveways, and roads of snow and ice. A failure to keep that responsibility can result in liability for accidents falling on those responsible for maintaining the roadway. Every effort must be made to clear snow as it falls and to treat icy roads with salt or sand to lessen the hazards on the road for drivers. If a roadway is not cleared in a timely manner and an accident occurs, a driver who causes an accident and is sued may bring in the party responsible for the maintenance to the lawsuit for the resulting injuries.
Getting Legal Help
What might be simple liability issues in clear weather can become tricky in winter driving conditions. Winter car accidents can be a complicated web of liability based on factors beyond the driver’s control. An experienced personal injury attorney can assess the details of a case and can help uncover who was responsible or negligent through the discovery process.
