Icy roads? Who is at fault for the crash?

We remind our New England clients and friends to make certain that they have good winter tires during this season and beware that most tires won’t help you stop on ice covered roads.
 
“I couldn’t stop,” or “There was black ice,” are NOT legal excuses for the crash.  All drivers have a duty to drive in a manner and speed consistent with the conditions.  Certainly your rear end crash was not intentional and the pavement did not react like dry pavement.  Still it is your legal fault.
 
From my own experience as a personal injury lawyer in New Hampshire, even all season tires and ABS brakes will only slow you down and not easily stop you when there is ice on the road.  We recommend that you safely test your brakes when driving along the roadway and allow yourself much more room than you think is required to slow down. Maybe your vehicle just will not completely stop before you reach the car in front of you.
 
Fortunately, many of these rear end collisions do not cause much damage.  We see clients all winter long, however, where they sustained whiplash strain injuries or even further damages.  Even if the victim is an older person with osteoporosis but is otherwise functioning well in life, the rear end crash may push her over the edge causing new symptoms and limitations due to this crash.  The careless driver is still at fault.
 
When in an accident, make certain that you take notes of the conditions and photograph the damage, if possible.  When injured, seek immediate treatment and follow up with your own primary care physician as well.
 
As usual, feel free to give us a call. IT IS FREE. We will be glad to provide a no charge phone consultation and send you in the right direction.  We hope you will never need to call.  But if you do get in an accident, please feel free to call.  It will certainly save some hassle with the insurance company at the very least.

If you were injured in an accident in NH or throughout New England, speak with an experienced personal injury attorney in New Hampshire before reaching out to the insurance carriers.  Contact our law office at 603-624-6555 for a free consultation.