As winter starts annually, the icy roads are always a factor. It appears that despite frequent warnings and suggestions by meteorologists, drivers insist on attempting to drive at regular speed, lacking extra caution. Cars and ice don’t mix, but if you throw a hill into the mix, you can almost guarantee an accident, no matter how slight. When two cars collide and an accident is the result, the driver that slides is likely to find out that they can blame it on the ice but they can’t escape financial responsibility. Because of the way the legal theory of negligence works, it is the most frequently used legal theory in lawsuits stemming from auto accidents. When it comes to a car crash, negligence is one of those legal theories where liability can be difficult to avoid. To be found liable for negligence, it simply requires that a person owe a duty to another and that as a result of breaching that duty, the other person is injured or incurs financial damages. Basically, when driving, every driver owes every other driver on the road the duty to drive safe and not collide with other vehicles on the road.
Nearly every state’s traffic laws specifically require drivers to adapt to changing road and weather conditions. When there is bad weather, drivers are required to change their driving habits to adapt to the road and weather conditions. This means that if the roads are icy, drivers should drive slower, increase their following distance, and just generally drive more carefully and attentively in order to avoid accidents. If a driver hits a patch of ice and is unable to stop in time to avoid an accident, barring other mitigating circumstances (such as the driver getting hit also being negligent), they will be considered at fault, and thus liable for the damages and injuries they caused, because they failed in their duty to drive safely.
If you know someone who has been involved in an accident due to icy roads and poor driving by another, you should reach out to a legal professional to get an understanding of what is actually going on. A trained professional can better assist you in determining if the accident was the fault of another or due to poor road maintenance. By contacting and speaking with an attorney, like a car accident lawyer Dekalb County GA residents need, you get an opportunity to find out if you can be monetarily compensated for any loss wages, pain and suffering, or injury introduced by the accident.
Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into car accident cases.