Luckily icy roads aren’t as common in Arkansas as some states up north, but they do happen. If icy roads cause an accident, who is at fault? The answer depends on a number of factors unique to your individual case. Generally, it’s the driver who caused the damage and who didn’t take enough caution when driving on slippery roads. However, these cases are rarely that simple.
At Edward O. Moody, P.A., we know how to handle icy road personal injury cases. If you were hurt in car accident or some other type of motor vehicle, we know how to pursue the compensation you are owed. Schedule an appointment so we can learn about the unique facts of your case.
Common Causes of Winter Driving Accidents
Even though icy roads are less common, this might make them more dangerous for those of us driving on Arkansas roads. People aren’t used to them, or assume their four-wheel-drive vehicle will make a difference. Too often, people ignore the common causes of winter driving accidents, such as:
- Black ice
- Snow flurries that reduce visibility
- Speeding
- Reckless driving
- Snow drifts
- Improper vehicle maintenance
- Bald tires with little traction
- Failure to clear snow or ice
These causes and many more could be why you were injured. The responsible party should have to pay your damages.
Who Is Liable for an Arkansas Winter Driving Accident?
Arkansas follows a modified comparative fault rule. Liability is determined based on each driver’s percentage of fault. If a driver is more than 50% at fault, they are not allowed to recover any damages. Anyone under 50% and less can, but their damages will be reduced by their percentage of fault.
Potentially liable parties could include any of the following:
- Negligent drivers of other personal vehicles
- Commercial drivers
- Government entities who fail to fix known hazards
- Vehicle manufacturers that create defective cars or parts
- Pedestrians that cause accidents
- Bicyclists operating illegally on roads or highways
- Trucking companies
This list is far from the only people or entities who might be responsible for your accident. Every case is different, and a skilled attorney will identify who must pay.
Proving Negligence in Icy Road Accidents
To prove who was at fault, you have to present evidence that the other party was negligent. This means proving they had a duty of care, violated that duty, that it caused your harm, and that you suffered damages.
Evidence to establish negligence could include:
- Police accident reports
- Witness statements
- Video and dash cam evidence
- Pictures of the scene and injuries
- Vehicle inspection records
- Skid marks
- Weather reports to confirm icy conditions
Does Insurance Help Pay for Icy Road Accident Injuries?
Every driver in Arkansas is required to carry at least minimum liability insurance. Insurance and other sources may help you pay for:
- Past and future medical costs
- Lost wages
- Diminished earning capacity
- Property damages
- Pain and suffering
- Loss of companionship and support
- Punitive damages (in limited cases)
Steps to Take After a Winter Accident
- Seek medical attention immediately. Even minor collisions can cause hidden injuries.
- Call law enforcement. A police report is critical for establishing liability.
- Document the scene. Take photos of road conditions, vehicle damage, and weather.
- Exchange information. Collect driver and witness details.
- Notify your insurance company. Report the accident promptly, but avoid admitting fault.
- Consult an attorney. Legal guidance ensures your rights are protected and evidence is preserved.
Know What To Do After a Car Accident Caused by Icy Roads
Know that you have rights after a car accident. This includes cases where the roads were icy. It is not an excuse other drivers can use to avoid liability. They may still owe you significant compensation for the injuries and property damage you suffered.
Let the dedicated motor vehicle accident attorneys at Edward O. Moody, P.A. review your case. Contact us today for a consultation.