Who’s Responsible When Black Ice Causes a Car Crash?
With the recent snowstorm, staying safe on the road should be the number one priority for drivers. Unfortunately, the cold weather brings its own set of dangers, making your morning commute much riskier than it should be. Black ice is one of them. It’s one of the reasons why over 150,000 drivers experience winter accidents each year.
If you’ve been in an accident due to this issue, you might assume it’s a natural part of driving in the winter. However, there are situations where other parties may be at fault for your damages. Learn more about who might be responsible for a black ice incident and how insurance companies might use it to deny your claim.
What Is Black Ice and Why It’s So Dangerous
Black ice is a nearly invisible layer of ice that forms when the temperature is around freezing. It’s a common occurrence in New York, especially during the coldest times of the day. It generally appears when melted snow refreezes overnight or moisture from fog, rain, or snow freezes on roads or pavements.
Unlike regular snow or sleet, black ice is practically invisible. There’s no specific “warning” sign for when it might pop up. This characteristic is exactly what makes it so dangerous for any unsuspecting driver. Even if the road looks completely safe, one particularly bad patch of black ice could be enough to cause a devastating crash.
Is a Driver Automatically at Fault for a Black Ice Crash?
No, but this doesn’t mean you’re completely innocent either. You’re still required to follow basic safety precautions when the weather’s bad. This includes driving slowly, keeping your distance, and being extra cautious during days where black ice is more common.
Who Else Might Be Responsible For Your Crash?
Another Driver
Just like you’re responsible for your actions on the road, so are the people around you. Even in “bad” weather, drivers need to be careful and aware of any hazards. If they’re speeding, tailgating you, or driving recklessly, you may be able to hold them liable for the crash if you can prove their behavior caused the accident.
The City or Property Owner
In some cases, anyone responsible for maintaining the rod might be at fault. Cities and property owners have a responsibility to keep streets and properties safe and clean for pedestrians and drivers alike. If an area wasn’t salted or cleared properly and the owners knew about it, this alone may have made the crash much worse.
How Insurance Companies Use Black Ice to Deny Claims
Insurance companies almost always find tactics to try and reduce payouts, and black ice accidents are no exception. Expect to hear how the accident was “unavoidable” or general road conditions were bad at the time, even when there’s clear evidence of the other driver’s negligence.
However, bad weather doesn’t negate what happened. For this reason, never accept the first offer or a quick denial after a collision like this. Have an experienced accident lawyer review your case and ensure you receive a fair settlement.
Stay Safe On The Road This Winter
Black ice can cause serious physical and emotional damage to victims. However, you don’t need to face the aftermath alone. Our Long Island motor vehicle accident lawyers will negotiate with insurance companies and ensure you get the compensation you deserve. Please contact us to schedule a free consultation with us today.