States which have lots of winter weather are well accustomed to car crashes caused by snow and ice. Such accidents appear to be much more common at the beginning of the winter season, which appears to mean that people tend to forget how to drive in snow and ice through the summer, then regain those lost skills once winter sets in. The truth is that driving in icy conditions requires a completely different skill set than driving on a dry road. Not only must you slow down, you must remember to leave more space between the car in front of you, and brake earlier and with much more caution. Accelerating in icy conditions can cause your wheels to spin, making your car slide into another car or a stationary object and causing injuries.
Icy Conditions Warrant Extreme Caution
In order to determine who is responsible for your accident due to icy conditions your attorney may need to have an accident reconstruction done. Legal liability will, of course, determine who will pay for the damages, and if you neglected to alter your usual driving behaviors based on the road conditions, you may find yourself unable to claim that anyone else was liable for the accident. If you were tailgating the car in front of you, in spite of the ice, then the fact that you careened into the car when it slowed means you may be the liable party. There are exceptions to this, in that if the driver in front of you failed to give any indication that they were about to stop suddenly, and you were driving the proper distance behind them, you would not be responsible. If you have witnesses who can testify that you were cautious and did everything in your power to drive safely, but the ice was simply too slick, then you could probably not be held liable.
When Road Crews Might Be Liable
There are times when a governmental entity may be responsible for ensuring the roadways are properly cleared of ice, and the failure of the city, county or state to correct the icy conditions or at the minimum, warn motorists of the hazardous conditions can render them liable for resulting accidents and injuries. Of course if the accident occurred during a sudden storm, the agency cannot be held liable for the inability to get the ice removed while it was actually forming. Following a storm, however, or in a specific situation where a river has dammed, leaving ice to form on the road, then the lack of proper maintenance may indeed be a factor in determining liability. In an accident which occurs on ice in a private parking lot, the owner of the property may also be held liable if he had plenty of time to clear the ice and simply neglected to do so.
If you were injured in a car accident on an icy road which was a result of another driver who was not driving according to the road conditions, or from a lack of road maintenance, then you must consult an experienced personal injury attorney even if you have not yet determined who was at fault. Your attorney can assess the situation and fight aggressively for your rights in the case. You may have substantial injuries due to the negligence or recklessness of another and you deserve to be compensated for those injuries as well as for any time you have lost from work and the damages to your vehicle. Don’t wait—get expert help who will deal with the details of your claim while you concentrate on healing and getting back to your life.
If you have been injured in a car accident due to severe road conditions in Mississippi, you may have a claim. Call our law firm to speak with a Mississippi car accident attorney today.
