Black ice accidents are extremely dangerous, sometimes fatal. Ice always poses a potential threat, resulting in millions of car accidents and slip and fall injuries a year. Black ice is particularly menacing because it is virtually undetectable to the naked eye, but extremely treacherous. Determining which party is liable in a black ice incident can be challenging. If you were recently injured in a black ice fall or car crash, call our attorneys at Rocky Mountain Personal Injury Center.
Why is Black Ice Treacherous?
Black ice is defined as a thin coating of glaze or sheet-like ice coating on impervious surfaces like concrete or asphalt. It is extremely dangerous because the surface has no traction, causing pedestrians to lose their balance and fall, and cars to spin out of control, possibly resulting in a collision. The National Highway Traffic and Safety Administration reports that over 150,000 accidents in 2018 alone occurred due to icy road conditions. Pedestrians have suffered concussions, broken bones, severe tears and muscle damage, broken hips, and severe head trauma as a result of black ice. Because the surface is so stiff, it can cause severe pain and bruising upon impact. Cars that lose traction on ice can careen into another vehicle, light pole, guardrail. or tree, causing significant property damage and potentially fatal injuries.
Public v. Private Property
Determining liability in a personal injury case requires fact-finding. The first step is identifying whether the accident occurred on private or public property. If a slip and fall occurs on a public sidewalk or a walkway, the claimant may have a claim with a public entity. However, this is dependent on tort statutes in your local jurisdiction. In some jurisdictions, the state city or local municipality waives tort liability based on the 11th amendment. If you contact the attorneys at Rocky Mountain Personal Injury Center, we can determine if a local tort claim exists in your jurisdiction, allowing you to bring suit for damages.
If the accident occurred on private property, it is possible that multiple defendants are liable. Here is why: If a slip and fall occurred on a residential sidewalk maintained by a subcontractor hired by a general contractor who works for a premises owner, all three parties may be liable. This is dependent on the facts of your case. If it can be shown that the subcontractor was negligent in failing to apply salt to the walkways or clear pathways after an ice storm in a reasonable manner, and you were injured there negligence is a proximate cause of your damages. On the other hand, if you were running, walking barefoot, or failed to see a sign indicating wet or slippery walkways or a notification indicating treacherous paths, you may be unable to recover. Keep in mind that Utah, Wyoming, and Idaho all utilize a comparative negligence scheme. This means if you can prove that the defendant’s negligence was more than a 50% contributing factor to the incident, you can recover a proportionate amount of damages for your injury.
In car accident collisions, it may be necessary to obtain a car accident reconstructionist to determine the cause of the accident, whether a defendant’s driver negligence contributed to the accident, and if you have a claim. Unfortunately, bad weather alone cannot always lead to recovery or a viable claim, especially in single car collisions. However, if it can be proven that the defendant did not drive at a reasonably prudent speed or adjust following distance for weather conditions, like icy roads, you may be able to file. It is important you seek treatment for physical injuries and consult with an attorney prior to making a statement with the insurance companies, as they incentivize quick settlements at your detriment.
Call Our Attorneys Today
If you were recently injured in a black ice incident, as a pedestrian or driver, you should contact the lawyers of Rocky Mountain Personal Injury Center. We specialize in plaintiff’s personal injury cases, including slip and fall accidents. We will work hard to ensure your claim is filed to maximize recovery. Call us today to get on the path to healing.
