It depends on the circumstances of the accident.
When you live, work, or travel in Missouri, you’re probably accustomed to winter weather that makes for dangerous winter roads. According to the Federal Highway Administration, more than 70% of the U.S. roads are in snowy regions, and that includes all roads in Missouri. Winter roads can be especially dangerous when the temperature rises above freezing, the snowy roads become wet, the temperature drops back below freezing, and the wet roads turn to black ice.
The term "black ice" is defined by the National Weather Service as "patchy ice on roadways or other transportation surfaces that cannot easily be seen.” Our experienced Kansas City accident lawyers at Peterson Law firm understand that winter months in Missouri can produce a lot of black ice, not only on roads and highways, but also on parking lots, garages, and bridges. Each year, nearly 117,000 people are injured in vehicle accidents on icy, snowy, or slushy roads. Here, we discuss liability when you’re injured in an accident involving black ice.
Black Ice and Car Accidents
Black ice, sometimes referred to as clear ice, is a glaze coating on a surface. The ice isn’t actually black, but because it’s a transparent coating, it allows a black road to be seen through it—thus, the term “black ice.” Areas of black ice are nearly invisible to drivers, pedestrians, and cyclists, and the sudden loss of traction comes as a surprise.
Drivers often experience black ice during the early morning hours, especially after a snowmelt, when the roads have a chance to thaw and refreeze overnight. The thin, transparent layer of ice can also form when moisture in the air creates dew or fog, and then the temperature drops below freezing.
Winter weather can create slick roads that lead to serious car accidents. Victims injured due to black ice may wonder about liability issue for the slick roads. In Missouri, filing an insurance claim or lawsuit after a black ice accident is possible—but it’s not an easy case. If you've been blindsided by a sliding collision, there are important things to know.
Liability for Black Ice Accidents in Kansas City
In a black ice crash, there are a number of possible negligent parties who may be responsible for your injuries. Here, we discuss potential at-fault parties:
When Another Driver Is Negligent
In many black ice crashes, the at-fault party is another motorist. Drivers have a duty to slow down, increase following distance, and adjust to road conditions. Common examples of negligence in a cold weather accident include the following:
- Speeding or driving too fast for weather conditions
- Following too closely to stop safely on slick roads
- Failing to maintain control after hitting an ice patch
- Neglecting vehicle maintenance, like brakes or tires
If another driver's carelessness caused them to lose control and crash into you on an icy road, you may have a claim against their insurance. Our attorneys can help you document the collision and establish the other driver's negligence.
When a Property Owner Is Negligent
Sometimes, black ice becomes a hazard due to a property owner's negligence. Both businesses and private homeowners must keep adjacent sidewalks and parking lots reasonably clear of snow and ice. If their failure to do so leads to a preventable crash, you may have a premises liability claim.
Proving a property owner's fault often requires showing they knew or should have known about the dangerous condition and failed to fix it. If there have been past complaints, code violations, or a lack of salting/sanding, you may be able to establish liability.
When a Government Agency Is Negligent
Sometimes, a government entity like the city, county, or state may be liable for a black ice accident. If the ice formed because the city government didn’t treat the problem area properly, the road was poorly designed, or there were inadequate warning signs, you may have a case against the government.
However, it’s important to know that claims against public entities are especially challenging, and you’ll face extra legal hurdles and shorter deadlines when making a claim.
Sovereign Immunity
Suing the government requires that you deal with a set of specific legal guidelines known as sovereign immunity. This legal principle is derived from old English Common Law and continues today for two main reasons:
- To prevent an overwhelming number of lawsuits that could hinder the effective functioning of public services
- To ensure that government employees can perform their duties without fear of constant litigation
However, there are the following exceptions to these rules that allow victims to seek compensation under certain conditions:
- Harm caused by the negligence of public employees while operating motor vehicles, such as public buses or snow plows
- Injuries occurring due to dangerous conditions on public property if:
- The hazardous condition was present at the time of the injury
- The condition posed a reasonably foreseeable risk of harm
- The condition resulted from a public employee’s negligence, or the government was aware of the condition and had adequate time to address it
If you believe that government negligence played a role in your black ice accident injuries and you’re a victim of an accident on government property resulting from government action or inaction, contact our experienced attorneys right away to protect your rights. In most cases, you have five years from the date of the accident to file a personal injury lawsuit in Missouri. However, claims against a government agency must be filed much sooner, typically within 90 days.
Missouri’s Comparative Fault Laws: If You’re Partially Responsible for the Crash
Missouri follows a pure comparative fault rule. So, you can still recover compensation even if you're found partly responsible for the accident, but your damages will be reduced by your percentage of fault. For example, say you were speeding when you hit a patch of black ice and crashed, the jury may find you 20% at fault for the accident. If so, you can still collect 80% of your proven damages from other liable parties.
It’s important to remember that most insurance companies will try to shift blame to the victim to minimize payouts. Because insurance companies are for-profit businesses, they want to pay you as little compensation as possible. Having a skilled lawyer on your side is critical to help ensure these companies don’t unfairly target you as the liable party.
What to Do if You’re Injured in a Black Ice Accident
A black ice personal injury claim isn’t an easy case to win. Determining who was responsible can be difficult, and if you’re found to be 50% or more at fault for the crash, you can’t recover damages. That’s why it’s important to seek legal representation if you were injured in a black ice accident in Missouri. Our experienced injury attorneys can investigate your crash, determine who's responsible, and fight for the compensation you deserve. Read our case results to learn how we’ve helped other clients with their personal injury claims.