Can Black Ice be Found "At Fault" For an Accident?

By Ben Glass, Esquire

Benjamin W. Glass and Associates

. https://www.benglasslaw.com/

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Can Black Ice be Found "At Fault" For an Accident?

We are in the midst of winter, when driving conditions deteriorate, increasing the risk for drivers on the road. Let's explore one of the more common and misunderstood questions of liability that arises during the winter season. Can black ice, ice, or snow be at fault for an accident?

Let's talk about a simple example You're driving to work in the morning on an apparently clear road. You're driving under the speed limit, you're not tailgating, and you're generally being vigilant. The car in front of you slows and eventually stops. You slowly press the brake as you always do in an effort to stop behind the car. Since you were paying attention, you didn't wait until the last minute and should have more than enough space to stop, but you don't stop.

You successfully slow down a great deal, but because you just drove onto a small patch of black ice, you can't stop fully. You rear end the car in front of you at less than 10 MPH. It ends up being a minor accident with minor damage to both vehicles. You know that you're responsible for the damage to your own car, but is your insurance responsible for the other person's vehicle? After all, you were driving under the speed limit, you were paying close attention, and you couldn't see the black ice below you.

The short answer is you're responsible for virtually any instance you rear end a car in front of you, and this is no exception. The black ice is not the cause of the accident; it is a cause of the accident. At least this is how it will bear out in an insurance claim.

When you choose to drive on the road, you are tasked with maintaining proper control of your vehicle. This is always the case. So, while black ice, snow, or rain may affect the conditions you're driving in, they do not remove your responsibility to maintain proper control. But some say it's hard, nearly impossible in some cases, to maintain proper control on black ice.

Very generally speaking, if weather conditions such as black ice may be present, and you aren't confident you can maintain control of your vehicle in those conditions, then you really shouldn't be on the road. That's the logic, at least. Conversely, if you are driving, then you implicitly believe you can maintain control of your vehicle and black ice isn't a sufficient excuse to avoid being deemed at fault.

If you've been involved in an accident where black ice was present and the other driver or insurance company is raising this as a defense, don't buy it. If injuries occurred as a result of the accident, consider speaking with a competent attorney since more complex concepts like assumption of risk may be at play here.