The number of car accidents rises when snow, ice, and slush consume the road, and we’re about to see a lot of this throughout New Hampshire in the coming months. Icy weather conditions such as these are difficult and often dangerous to drive in, and icy road car accidents can cause serious injury and even death.
While it’s impossible to file a lawsuit against Mother Nature, a driver whose negligence significantly contributed to an accident during icy conditions can be held liable for damages. This means that even if you think ice played a big role in causing the accident that resulted in new medical debt and lost wages, you can hold the other party accountable for their role in causing the accident. It might even be more significant than you previously thought!
Can Someone Blame a Car Accident on Snow or Ice?
No. The presence of snow and ice – or any weather, for that matter – doesn’t negate a driver’s responsibility for driving safely. When snow and/or ice are – or could be – present, that means slowing down, turning on one’s headlights, and using tire chains if one’s vehicle isn’t equipped with snow tires. Even if a defendant in a personal injury lawsuit were to attempt to blame the accident on the presence of ice, a competent plaintiff’s attorney wouldn’t let it slide.
As far as ice on the road is concerned, it’s pretty harmless until you mix in motorists, their vehicles, and the decisions they make behind the wheel. Its presence on the road is a hazard like any other that drivers must safely navigate. Those who fail to drive safely for ice when it could be around may be liable for injuries caused in an accident.
What If the Accident Couldn’t Have Been Avoided?
It’s very rare for a winter car accident to be determined completely unavoidable. There is always a series of actions that lead up to a car accident on ice, and it’s almost always true that an accident could have been avoided if a few simple actions were taken or avoided immediately before it occurred.
Do Drivers Share Fault for an Ice-Related Car Accident?
New Hampshire has a comparative fault model for personal injury lawsuits, which means that both drivers can have a certain portion of blame for the incident. Plaintiffs who seek damages must have less than 50% of fault for an accident to recover compensation.
The court determines how much fault to assign to each litigant given the evidence and arguments presented. If one driver violated several traffic laws while the other isn’t accused of violating any, the former could be totally or mostly at fault. If one driver rolled through a stop sign while another driver hit ice while speeding through the intersection, there might be a different proportion of blame assigned.
We Can Help with Your Personal Injury Claim
If you were injured in a car accident that happened on ice, our legal team at Douglas, Leonard & Garvey, P.C. can help you recover financial compensation for your injuries, lost wages, and other damages.
Although it might seem too difficult to handle on your own, you won’t be alone with our dedicated lawyers at your side. We have the experience and trial skills necessary to help our clients reach the best possible outcomes in their unique situations.
Learn more during a consultation with us. Contact Douglas, Leonard & Garvey, P.C. online to learn more.