Proving Fault In Car Crashes Caused By Ice

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It can be especially difficult to prove fault in car crashes which are caused by ice. Whether you are involved in a single car accident on the ice, meaning you might have slid into a tree, or in a multi-car accident on ice, your case will come down to who has the most plausible excuse. Hitting a patch of black ice that you had absolutely no forewarning about could be considered a reasonable excuse, however traveling too fast for the icy road conditions will not. 

Determining Fault

A car crash where no one is determined to be at fault is extremely rare. When an accident occurs on ice, it can generally be determined that somebody was driving unsuitably for the weather conditions and was, therefore, at fault. Fault can also be determined to be partially yours and partially the other drivers. What this means is that if your case is worth $100,000, and you are determined to be 40% at fault, you will receive the $60,000 portion of the case. If you could have avoided the accident by driving at a more reasonable speed, not hitting your brakes suddenly, not using your cell phone, or any number of other reasons, then you are the driver at fault, and vice-versa for the driver who may have crashed into you while you were driving in a perfectly safe manner. 

Some states have a "no-fault" law which does not allow you to sue the driver or owner of the car who negligently injured you unless you have a "serious injury" or $50,000 in lost wages and medical expenses which have been paid by your own automobile insurance policy.  Obviously an accident which causes death, dismemberment, loss of a fetus, or certain fractures falls in the "serious" category, however, if you have been injured seriously enough to cause you to be out of work for an extended period of time, yet your injuries do not fall in the "serious" category, your case can be much more difficult. 

Police Reports and Witnesses

Your biggest weapon in placing the fault of the icy car crash on the other driver lies in obtaining a detailed police report which usually states which driver was to blame. Additionally, witnesses at the scene of the accident can provide invaluable information when determining who was at fault.  In cities, you could also have the benefit of surveillance cameras which may have caught your accident on tape. 

Getting Legal Help

Defining what are and are not "serious" injuries is a complex matter which can benefit greatly from the services of a skilled attorney, who may, additionally, be able to provide experts who have the necessary skills and experience to determine who was at fault using a more scientific method than eyewitness accounts. An experienced attorney who has dealt with many cases such as yours will offer a distinct advantage when proving fault in your car crash caused by ice