Who Is Liable for a Black Ice Accident?

Mar 19, 2018 Car Accidents    Legal Blog

Posted by: Kisling, Nestico & Redick, LLC

Black ice is clear ice that forms on a black surface such as an asphalt road. It blends in with the ground, so it can be difficult to spot. It may cause you to lose control of your vehicle while driving in the winter. If you’ve come across black ice while traveling, you may be asking yourself, “if I get into a black ice accident, who is liable?” Keep reading to find out.

If you’re hurt in an accident that was caused by someone else’s negligent actions, contact our highly skilled Ohio car accident lawyers at Kisling Nestico, & Redick today at 1-800-HURT-NOW.

How Insurance Companies View Black Ice Accidents

When you file a claim with your insurance company for a black ice accident, an adjuster will determine whether another driver caused the accident. If the accident was not the result of another driver’s negligence and black ice is the sole cause of it, you will be held liable.

Insurance companies believe that drivers must be able to control their vehicle in any weather condition. If rain, snow, or ice is on the road, it is your responsibility to slow down or pull off the road until weather conditions improve.

If you would like to appeal your insurance company’s decision, you will have to clearly state why another party was at fault. For example, if there was a witness that may have seen another driver speeding or tailgating in the icy weather conditions, you may have a case.

Preventing Black Ice Accidents

In order to reduce your risk of being liable in a black ice accident, you should make every effort to take the precautions necessary to prevent one from occurring in the first place. Here are some ways you can prevent black ice accidents:

Avoid Unnecessary Driving
If the roads are icy and you have the option to stay home, do so. Reschedule your plans for a day with less ice if possible.

Drive Slowly
When you are driving in icy conditions, drive slower than the posted speed limit. Speed limits are designed with good weather conditions in mind, so driving on a road that has a 45 mile per hour speed limit sign when it’s icy is not safe.

Avoid Distractions
Although you should always avoid distractions, doing so is particularly important when you are driving on icy roads. Always keep your eyes on the road and resist the temptation to brush your hair, fiddle with your radio controls, eat, drink, and do anything else that distracts you.

Ensure Proper Tire Inflation
Poorly inflated tires can cause you to lose control of your vehicle on icy roads. Therefore, you should check your air pressure regularly and add air to your tires whenever they are low on air.

Contact an Ohio Car Accident Lawyer at Kisling, Nestico & Redick

If you get into a car accident and believe black ice played a role, contact an Ohio car accident lawyer at Kisling, Nestico & Redick today. We’ll help you determine whether you are liable, or if another driver may be held accountable. Call us at 1-800-HURT-NOW to schedule a free case consultation.

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