Driving in icy, snowy conditions can be dangerous business. Sometimes no matter how safe of a driver you are, you may find yourself or another drive losing control and causing a car accident. So, what does this mean as far as liability is concerned? 

You’ve Been in an Accident Due to Icy Conditions, Now What?

When filing a claim against your insurance company, the adjuster will review all the facts of the case. He or she will look at the circumstances and determine what may have caused the accident in addition to the icy conditions. This may include another driver. The insurance company will also take the weather into consideration, but if you lost control and caused an accident because of black ice, you will be considered liable.

This may seem unfair, but the position of the insurance company is that drivers must be able to control their vehicle at all times. Often, an accident that happened because of snow, ice, or rain is attributed to a driver because he or she was ‘driving too fast for conditions.’ Drivers are expected to drive in accordance with road conditions and take any precautions necessary, even if this means slowing to a crawl or pulling off the road until conditions improve.

I Have Been Wrongly Assigned Fault. Do I Have Options?

After the insurance company issues fault, you can appeal the decision, but you must provide clear reasoning that another party was at fault. For example, witnesses to the accident may recall seeing the other driver driving recklessly despite the weather conditions.

If you have filed a claim with your insurance, and feel that fault was wrongly assigned, never hesitate to contact a local car accident attorney. They will be able to look through the accident report and insurance claim and determine if any information was missed. They will help you identify if they can show fault elsewhere.

The best way to avoid these situations is to slow down in inclement weather and pay attention to road reports. If you avoid these warnings and proceed, you could be held as the negligent driver.

If you find yourself in need of representation or counsel in these matters, contact The Law Offices of Dussault & Zatir today! We’ll be happy to help you.