Among the many driving hazards you can experience in the winter months, black ice can prove extremely hazardous. The sudden loss of traction and the spinouts that follow can lead to serious accidents and injuries. While many assume that winter weather can automatically excuse liability, New York law says that’s not always the case. Who is liable in a black ice car accident can depend on several factors, and there can be situations where parties can share fault. Since you undoubtedly have questions about liability, the team at Alex Yadgarov & Associates will step into the shoes of an accident lawyer in NYC and explain everything that goes into determining liability in black ice car accidents.
What is Black Ice?
Black ice is a nearly invisible layer of ice that forms when the temperature is close to freezing. It is quite common in New York and typically forms during the coldest times of the day. Unlike normal sheets of snow and ice, black ice is practically invisible, and that’s what makes it dangerous to unsuspecting drivers. At first glance, the road can look completely safe, but when your vehicle comes into contact with a bad patch of black ice, it’s quite common to lose control of the vehicle.
Is the Driver Automatically at Fault in a Black Ice Accident?
No, a driver will not be considered automatically responsible in a black ice accident. However, they may not be completely innocent as well. As a driver, if you can prove that you have taken reasonable precautions to account for the adverse weather, you may not be held responsible for the accident. However, if you were speeding or engaged in any other form of reckless behavior, you may be held partially responsible for the accident. If you are held partially at fault, New York’s pure comparative negligence rule states that any compensation you reserve will be reduced to reflect your fault in the accident.
Who else can be held liable for black-ice accidents?
Depending on the circumstances, different parties can be held fully or partially liable in black-ice car accidents. They can include:
- The other driver—If another driver was involved in the accident, they may be held fully or partially liable for the accident. This will be the case if the driver was speeding, tailgating, or engaged in any other form of reckless driving at the time of the accident.
- Government entities – If the accident occurred on a public road, government entities may be held responsible. Your claim will stick if you can prove that the entity was made aware of the black ice and did not address the issue even when they had reasonable time to do so.
- Property owners—If the accident took place on private property or a private road, the person who owns or is responsible for the maintenance of the property can be held liable for the accident.
How Can You Claim Compensation in Black Ice Accidents?
If you have been injured in a black ice car accident, you can claim compensation in one of two ways—insurance or a lawsuit. As someone who has sustained injuries, you can call on your Personal Injury Protection (PIP) coverage to compensate for your medical expenses, lost income, and other relevant expenses. This compensation can be obtained regardless of your fault in the accident. However, you must keep in mind that your PIP coverage has an upper limit of $50,000, and you cannot claim compensation for non-economic damages such as pain and suffering.
If you wish to claim compensation for non-economic damages, you will need to file a personal injury lawsuit. However, to file a personal injury lawsuit, you must show that your basic economic damage exceeded $50,000 or that you have suffered a “serious injury” as defined under NY law.
In certain situations, you can hold government entities responsible for damages and file claims for compensation against them. However, you must keep in mind that the procedure will be different as opposed to when you file a lawsuit against another person. Whatever route you choose for compensation, Alex Yadgarov & Associates is ready to step in and lend a hand as your accident lawyer in New York.
Conclusion
Black ice is an almost invisible and incredibly dangerous hazard that drivers can encounter during the winter months. But contrary to popular belief, the driver is not always responsible for black ice accidents, and if you are injured in such an accident, you may be entitled to compensation.
If you are looking to pursue compensation and need help handling the case, Alex Yadgarov & Associates are here to help. Our team handles all sorts of car accident cases, and we are ready and willing to help you as well. Contact us today and schedule your free consultation.