Winter in Nashville might not always bring heavy snowfall, but when ice forms on roads it can make even a short drive dangerous. When accidents occur in slick conditions, figuring out who’s responsible isn’t always straightforward.
Keep reading to explore how liability is determined in these accidents, what factors insurance looks at, and when to consult with a car accident lawyer in Nashville.
Understanding How Icy Road Accidents Happen
Ice on roads is a real hazard that reduces tire traction and drastically increases stopping distances. Bridges, overpasses, shaded roadways, and even patches near curbs can freeze earlier and remain icy longer than other parts of the roadway.
During these conditions, you might notice cars sliding at stop lights, struggling to climb small hills, or spinning out on seemingly clear pavement.
What Makes a Driver Liable in an Icy Road Crash?
Many people assume that if the weather is bad, no one can be held responsible when an accident happens. But that’s not always true. Liability, or fault, is still grounded in how a person behaved behind the wheel.
Was the Driver Negligent?
Even on icy roads, drivers have a duty to operate their vehicles safely given the conditions. A driver who is speeding, following too closely, or otherwise driving without regard for weather conditions can still be found negligent. For example, if a driver is going well above a safe speed for icy roads and rear-ends another car, they may be held responsible for the crash.
Insurance companies and courts typically look at whether a driver acted reasonably under the specific conditions at the time of the accident.
Did Weather Create an Unavoidable Hazard?
Sometimes, the weather simply made the conditions unmanageable for even cautious drivers. If an unexpected ice storm caused widespread road icing that couldn’t have been reasonably anticipated, establishing individual driver negligence becomes trickier.
In these situations, other sources of liability, like road maintenance agencies, might come into play.
Government and Municipal Liability
In some cases, the party responsible for road maintenance can share liability for an accident. In Tennessee, government agencies are responsible for keeping public roads reasonably safe. If an accident was mainly caused by a failure to warn drivers of hazardous conditions or to maintain the road properly, the city could be held accountable.
For instance:
- Lack of warnings like signs, salt spreaders, or sand trucks during or after a storm.
- Delayed response to icy conditions when known weather forecasts should have prompted action.
- Poor road design that consistently creates trouble spots in certain weather.
Proving liability against a government entity can be difficult and often requires demonstrating that the agency knew or should have known about hazardous conditions but failed to act. This is best done by working with a car accident lawyer in Nashville.
Insurance Investigation: What They’ll Look For
After an icy road accident, both your insurance company and the other driver’s carrier will likely conduct their own investigation. Some key elements they examine include:
- Police reports detailing road conditions, weather at the time of the crash, and eyewitness statements.
- Photographs showing the conditions of the road, vehicle damage, and surrounding area.
- Driver behavior such as speed, braking, turns, and any skid marks.
- Weather reports confirming ice or freezing temperatures at the time of the collision.
Remember that insurance companies have their own interests in mind, and they want to minimize payouts. That’s why having someone knowledgeable on your side can make a big difference.
What You Should Do After an Icy Road Crash
Experiencing a crash in icy conditions can be frightening, but taking the right steps immediately afterward can protect your health and your legal rights.
- Check for injuries: Your safety and that of others comes first. Call 911 if anyone is hurt.
- Report to police: An official report is often critical for insurance and legal claims.
- Document everything: Take pictures of the icy road, damage to vehicles, and any traffic signs or lack thereof.
- Gather witness information: If someone saw what happened, their account can be valuable.
- Notify your insurance company: But be careful about giving recorded statements before consulting legal help.
- See a doctor: Even if injuries seem minor, some symptoms may be delayed.
These steps not only help you stay safe but also set the foundation for any insurance claim or legal action you might pursue.
Bart Durham Injury Law: Your Car Accident Lawyer
If you or a loved one has been hurt in an icy road accident, getting experienced legal help can make all the difference. Bart Durham Injury Law has decades of experience representing injured motorists in Nashville and throughout Kentucky and Tennessee.
Our team of seasoned personal injury attorneys has handled thousands of motor vehicle injury claims, helping clients secure compensation for medical bills, lost wages, and other damages.