Recovering Damages When Ice Played a Role in Your Car Accident

Driving in bad weather takes a certain skill, but even with preparation and practice, accidents are bound to happen when ice is involved. Losing control of your vehicle on ice can not only be scary, but costly. If you were injured in an accident in which ice played a role, there are some things you should know.

You Have To Prove Negligence If Someone Else Is at Fault

Just like any other car accident, you have to establish and prove negligence if you plan to file a claim or lawsuit against another driver or other individual. Is there a way to prove someone else was at fault for your accident?

With the help of a lawyer, you may be able to pinpoint the fault to someone else. This could be a road crew that was negligent in putting out ice melt, or that failed to plow when the snow fell. If you were on private property when ice caused your accident, you could file a claim or lawsuit against the property owner, depending on the situation. If another driver was going too fast and hit you, you could file a claim with that driver’s insurance company.

You Must Show Proof You Weren’t at Fault

If you truly can’t find someone to blame for your accident, it might be considered a true accident, but even then, you may be able to receive compensation from your car insurance company. Again, you would have to prove the accident wasn’t due to some fault of your own.

When the weather is poor, you are expected to drive reasonably for the condition of the road and the weather. This means that even if the speed limit is 45 miles per hour, you should slow down to 20 or 25 mph if there is ice on the road. You should give yourself more time to stop, turn and complete other maneuvers. If the insurance company is able to find proof that you weren’t driving responsibly on the ice, they may deny your claim. 

Consulting With an Attorney

If you are in a car accident and ice played a role, that doesn’t mean you don’t have options for compensation, as the lawyers at Cohen & Cohen can explain. Many of these types of car accidents are fairly compensated by insurance companies, and others qualify for a lawsuit. Whether you feel the accident was your fault, another driver’s fault or the fault of the ice itself, consulting with an attorney can help you gain the compensation you deserve. Contact a car accident attorney today to get the process started.

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