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Negligence on an Icy Road


It has certainly been a wet December, and there is still more wet stuff to come.  We have been lucky so far that there has been little snow and that the temps have been hovering above freezing, so there is little ice on the roads and the sidewalks. The bad news is that we still have plenty of winter to go with the coldest part of the season yet to come.  The average overnight low in December is just about at the freezing point.  The average overnight temp in January is 25 degrees and in February, it starts to rise slightly to 27 degrees.

Winter Conditions Lead to More Vehicle Accidents

Nighttime temperatures below freezing make dangerous roads and sidewalks.  Under otherwise perfect conditions, driving at night can be risky.  Cars speeding well above the speed limit, drunk drivers, and poorly lit roads are challenges that are present all year.  Add cold temperature and a wetter than average winter, and you a real problem on your hands.

Of these things, the biggest problem is negligence.

Accidents happen.  Not all accidents happen due to negligence.  When bringing a case, one of the things that must be present is negligence, and it is not just a matter of pointing a finger and calling someone negligent.  There is a legal definition of negligence.  Negligence is when someone fails to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.

What is Negligence in a Car Accident?

This means that if there is an accident on an icy road, the accident itself does not mean that one or both drivers were negligent.  If one driver was on a cellphone while driving or was driving at an unsafe speed based on the road conditions, or had been drinking, there is now an action that could be considered negligent.  Negligence can also be a result of inaction when there is a duty to act.  Maintaining your vehicle, so it is safe is required by law.  If you are driving in the snow and your tires have no tread or your breaks are not properly functioning, your lack of action to maintain your vehicle is a form of negligence.

Finding the negligence after the fact might not be as straightforward as people believe.  After an accident, your priority is your safety and getting the medical attention that you need.  By the time you call our office, a lot of things have already happened, such as the accident scene might have been cleaned up or a car might already be in the process of being repaired or has even been somehow discarded.

Experience is a Key Factor to Look for in an Attorney

When you work with an experienced personal injury attorney, such as Marc Albert, who is experienced in dealing with all forms of vehicular accidents, you have representation that knows how to get to the truth.  Through investigation, an inspection of the evidence, and experts who will review the case and testify if necessary, Marc Albert gets to the heart of the matter to expose the negligence to bring your case to a successful conclusion.

The winter brings dangerous conditions, and people do not account for those conditions when they get behind the wheel.  When they cause an accident, they will be held liable for their actions.

Call the Law Offices of Marc S. Albert

Call the Law Offices of Marc S. Albert at 855-252-3788 for a free consultation and let Marc’s experience work for you.