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Icy Road Accidents: Who’s at Fault?

Icy Road Accidents: Who’s at Fault?

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While Colorado doesn’t have the harshest winters in the U.S., snow and ice can still be major issues. The risks of car accidents in Denver can increase during the winter months due to icy road conditions. While major roads are quickly attended to, side streets and neighborhood roads are often left untreated, creating hazardous situations.

Driver behavior can further exacerbate the dangers of driving in frigid temperatures. The Colorado State Patrol has emphasized that you’re 2.5x more likely to experience a major injury or fatality if you speed throughout the winter.  

According to the U.S. Department of Transportation, 24% of annual weather-caused vehicular accidents are due to pavement that’s icy, snowy, or slushy. These conditions result in over 116,800 injuries as well as 1,300 deaths each year. 

Sleet and snowfall are also responsible for around 76,000 injuries and 900 deaths on a yearly basis. Over that time, billions of dollars are spent to combat these threats from the dropping temperatures. 

You might be wondering, “When two vehicles collide in snowy and icy conditions, is any fault attributed to one driver?” It’s important to be aware that the same negligence principles apply in this situation. 

In Colorado, negligence is defined as “a failure to do an act which a reasonably careful person would do, or the doing of an act which a reasonably careful person would not do, under the same or similar circumstances to protect others from bodily injury….” 

When there is not a clearly singular person at fault, the jury can apportion blame, on a percentage basis, to the drivers involved. If a jury determines two drivers are both 50% at fault, neither driver will recover their damages. 

Some reasons to consider calling a lawyer after a winter accident include:

Preserving evidence. Photos and witness statements can help build a strong case, so a lawyer can help you gather important evidence quickly after a crash.

Making sure medical treatment costs are covered. The process of getting medical bills covered by insurance companies in accident cases can be sluggish. A lawyer can review your insurance claims to ensure you receive proper coverage for all related medical costs.

Handling negotiations with insurance companies. Insurance adjusters may try to offer you a quick, low settlement. A personal injury attorney can negotiate a fair compensation package that covers your full damages and losses.

Filing a personal injury lawsuit, if necessary. In complicated liability cases or when an insurance claim is denied, an experienced attorney can file a lawsuit on your behalf to recover compensation.

While accidents on icy roads are definitely scary, Law One can help. As experienced Denver lawyers, we’ve seen all kinds of ice-related cases from car accidents to slip and falls. Before you stop by our downtown office, call (303) 831-8313 for a free consultation. 

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