Did you know that in 2020, the most common causes of traffic fatalities in the United States were overspeeding, driving under the influence of alcohol or drugs, and reckless driving? All of these are attributed to unpleasant decision-making and driving behaviors causing snow car accidents.
If you are involved in an auto collision during winter, the following entities may be held liable for a snow car accident:
- Another auto driver, or
- Local government.
Read on to learn how to receive compensation for an ice car accident.
What Constitutes Snow Car Accidents?
In winter weather, accidents can occur due to snow or ice, causing low visibility and wet road surfaces. Each year, 15% of weather-related car crashes happen in snow or sleet, and 24% occur on snowy or icy roadways.
However, not all snow car accidents result from poor weather conditions. Usually, the driver’s behavior and decision-making significantly influence ice car accidents. The following are the most common types of unpleasant driving personalities of road users in the United States.
Who is Liable For a Snow Car Accident?
A snow car accident may happen due to several factors. If you are involved in a snow car accident, you must determine what caused the crash to initiate a personal injury claim and receive compensation for the damages of the collision.
You are Partially Liable for the Accident
Suppose you needed to buy groceries despite the poor weather condition. As you were driving, you were too close to the vehicle in front of you. The driver of the car in front of you was also distracted by their phone. As they were moving, they suddenly hit another vehicle, causing a multi-vehicle accident.
In the said scenario, you were partially liable for the accident since you were moving too close to the vehicle in front of you, causing you to hit them when they abruptly stopped. In this case, you may still pursue a claim against the at-fault party since California is a pure comparative fault state. However, your settlement value will be reduced depending on how much damage you are responsible for.
At the same time, the other driver may also file a claim against you. This is why it is essential to contact a personal injury lawyer immediately after the crash to determine your legal options.
The Other Driver is Responsible for the Crash
If another driver’s negligence entirely causes your snow car accident, you may file a claim against the driver to receive compensation for the damages. While low visibility or slippery road conditions may affect the driving experience, drivers are still responsible for ensuring the safety of all road users.
It is best to gather the following evidence at the crash scene when proving liability:
- Full name, home address, and insurance provider of the driver involved,
- Photos or videos of the accident, including the damages of the collision,
- Contact details and statements of witnesses, and
- Name of the assigned police officer who responded to the accident.
If There are No Other Vehicles Involved, Who is Liable for the Crash?
Other Parties are Accountable for the Collision
Sometimes, neither you nor the other driver is responsible for the crash. In some cases, a snow car accident may be caused by poor road conditions, such as:
- potholes,
- uneven pavements,
- missing or unclear road signs,
- defective road signals,
- Uncleared ice or snow, and others.
In such instances, you may pursue a case against the local government responsible for maintaining the road. However, you may only do so within six months after the snow car accident.
On the other hand, if the crash results from defective vehicle parts or products, you may receive compensation from the manufacturer. In this case, you will be filing for a product liability lawsuit.
What Damages Can I Collect in an Ice Car Accident?
When calculating your total compensation value, you must exhaust all possible damages to include in your settlement. This consists of the following:
- hospital bills,
- treatments and rehabilitation,
- medications and other health expenses,
- future medical costs if you have a disability,
- lost wages,
- future loss of income,
- vehicle repair or replacement expenses,
- pain and suffering,
- emotional distress,
- Post Traumatic Stress Disorder,
- Loss of life enjoyment, and others.
While non-economic damages may seem complicated to include, a personal injury lawyer can quantify and calculate these damages to maximize your payout.
What Does the Law Say about Driving in Winter?
While there is no specific California Law about driving in winter conditions, California Vehicle Code 22350 or The Basic Speed Law states that a driver should travel at a safe speed not greater than the reasonable traffic. They should also consider the weather conditions, visibility, and road settings when driving.
Some drivers may assume that they aren’t liable for a car accident if it happens on an icy or slippery road. However, this is not the case.
You must remember that drivers who travel in winter should know the precautions when doing so. In addition, all vehicle operators have the duty to drive carefully and ensure the safety of all road users, no matter the weather condition.
If you are involved in a snow car accident, the first thing you must do when claiming compensation is identify the culprit of the crash.
These questions will help you determine liability in a car accident that occurred in winter:
- Were you distracted while driving your vehicle?
- Were you going over the speed limit while traveling on an icy or wet road?
- Did you commit any traffic violations that may have caused the accident?
- If you were driving carefully, was the road well-maintained?
Common Types of Unpleasant Driving Personalities Leading to Accidents During Winter
Drivers’ driving behaviors significantly affect all road users’ safety. A simple violation of the law may result in severe car crashes. In 2020, there were 30 fatalities recorded every day due to speeding. Here are the following types of driving personalities that cause car accidents.
Distracted driving
In 2020, there were 3,142 deaths attributed to distracted driving. But what is distracted driving? Distracted driving is identified if a driver commits any action or activity that diverts their focus from driving. This can be in the form of the following:
- talking or texting on your phone,
- eating and drinking,
- while conversing with other passengers in the vehicle, or
- navigating your GPS on your phone and others.
Typically, three types of distractions may lead to ice car accidents, namely:
- Manual distractions happen when you move your hands away from the wheel.
- Visual distractions are identified as losing visual focus away from the road.
- Cognitive distraction is when you fail to concentrate mentally on driving.
While distracted driving is one of the most common reasons for traffic collisions, there are simple ways to avoid committing this unpleasant driving behavior, including:
- Avoid using your phone while driving. If you must, slowly steer away from the road and stop at a safe location when using your cell phone.
- Make adjustments before hitting the road. Prepare your vehicle’s systems and check your route ahead of time.
- Eat your meals before the trip.
- In general, move away from the road if you can’t focus on driving due to another activity.
New to driving
Young and new drivers are more likely to be involved in car accidents. In a recent study, drivers aged 16-19 had the highest risks of traffic collisions compared to any other age group. Generally, car crashes involving most teen drivers are due to the following reasons:
- Inexperience,
- Nighttime driving,
- Distracted driving,
- Overspeeding,
- Not using seatbelts, and
- Driving under the influence of alcohol or drugs.
If you are a new driver, you must know that you risk your safety once you put your feet on the gas pedal. This is why it is crucial to follow laws and guidelines when driving.
Fatigue Driving
A driver may experience fatigue if they need more quality sleep. Other causes of fatigue include:
- Being awake for hours,
- Not getting enough sleep over multiple days,
- Driving at nighttime. Your body has a sleep cycle that signals your body when it is time to be awake and when it is time to sleep.
- Maintaining routine tasks or long periods of inactivity,
- Having sleep disorders or medications that cause drowsiness.
In most cases, truck drivers are more prone to drowsy driving. This is why employers need to do the following to avoid causing car accidents:
- Avoid setting overtime schedules.
- Have enough staff to cover all necessary tasks.
- Implement employee training targeting health and sleep management.
- Allow for rest breaks during work shifts.
- Review data from their truck monitoring systems.
- Hire incident investigators to examine the cause of near-accident experiences.
Emotional driving
Some drivers tend to let their emotions take over their decision-making, such as anger or nervousness. As a result, they fail to make sound decisions on the road, leading to car crashes.
An example of this would be road rage. Road rage is defined as aggressive behavior or uncontrolled anger at the actions of another driver.
Acts of road rage include the following:
- Hitting another vehicle due to anger,
- Running a person off the road,
- Aggressively confronting another motorist,
- Encouraging the other driver into a physical fight,
- Using any weapon to inflict harm.
To prevent experiencing road rage, you may do the following:
- Listening to soothing music that calms you.
- Understanding that you are not the only road user,
- Keeping distance when driving, and
- Avoid making intense eye contact or obscene gestures at other drivers.
Typical Decision-making and Actions that Lead to Snow Car Accidents
When driving on an icy road, you typically need to be more cautious since the condition of the road reduces the tires’ ability to maintain traction on the road’s surface. However, there are instances where drivers act recklessly despite the dangers of driving in the winter.
The most common actions that may lead to snow car accidents include the following:
Overspeeding
Unknowingly, you may still drive too fast in winter conditions while following speed limits. Generally, you will need to adjust your speed depending on the road setting and weather conditions. For instance, a 40 mph speed limit may seem too fast on an icy or wet road. You will then need to travel at a reasonable speed for safe driving in the given conditions.
To avoid overspeeding in certain dangerous weather conditions, you may follow the tips below:
- Reduce your speed by 1/3 on wet roads.
For instance, the standard speed limit on a particular dry road is 60 mph. You will need to travel at 40 mph if that same road is wet and slippery.
- Decrease your speed by half or more on snow-packed roads.
Let’s say you are traveling at an average speed of 60 mph. You will need to reduce your speed to 30 mph if you traverse the same road covered in snow or ice.
Driving too slowly
On the other hand, traveling at a slower speed than the traffic may cause car collisions, especially in winter. While reducing your speed in freezing weather conditions is advisable, you must be cautious and sensitive to the other driver’s speed.
If you are considerably slower than others, it may trigger other drivers to do the following:
- Tailgate,
- Fail to recognize the difference in speed and react accordingly, resulting in a collision, or
- Hastily move past you.
To avoid snow car accidents, you should reduce your speed to a reasonable pace based on the weather conditions and traffic flow around you.
Tailgating
Tailgating occurs when the driver behind fails to maintain a safe distance from the vehicle in front of them. The danger in such instances is that the driver may fail to react in time when the car in front suddenly hits its brakes.
You may follow the recommended three-to four-seconds distance from vehicles to avoid tailgating. Likewise, you should also be careful if there are tailgaters behind you. When this happens, you may want to do the following:
- Stay calm.
- Let the vehicle pass you.
- Maintain a safe speed.
- Refrain from abruptly hitting the brakes.
- Be vigilant and cautious, especially when driving in winter.
Failing to use vehicle signals
California Vehicle Code 22108 requires all drivers in California to use their turn signals continuously at the last 100 feet before turning. This is especially essential when traveling in winter because the vehicle’s tires have more difficulty gripping a wet or icy surface. Remember to use your signals in the following circumstances:
- When you need to turn or change direction,
- When hitting a curb,
- Before stopping next to a curb,
- When changing lanes,
- When slowing down or stopping,
- When making a U-turn,
- When going with the flow of traffic.
Car accidents may occur when you fail to recognize this shared decision-making and behavior on the road. Remember that you need to be extra careful when driving in winter because of the dangerous conditions of the road to avoid being in a snow car accident.
What To Do in Winter Car Accidents
Sometimes, you may still be involved in a car crash due to another driver’s negligence. In such cases, you will need to ensure your safety and act cautiously after the collision to avoid further damage. You may follow the steps below to help you in a ice car accident:
- Move your vehicle out of the way to avoid further collisions.
- Be visible. You may keep your car lights and wipers on to signal other drivers of the danger.
- Check if you have injuries and call 911 immediately.
- If you can, gather possible evidence to help you build a case, such as the other driver’s contact information, the insurance provider’s number, and witness testimonies.
- Take photos of the accident scene.
- Contact a personal injury lawyer.
Why Do I Need A Lawyer?
Pursuing an accident claim that happened in the winter may be challenging. The other driver’s insurance company may argue that the leading cause of the collision is the weather conditions. When this happens, they can reduce your compensation amount. Sometimes, they can even turn the situation around by blaming you.
This is why it is best to contact a personal injury lawyer immediately to defend your case. They can use their knowledge and experience when handling your claim and do the following for you:
- Investigate the actual and possible causes of the crash,
- Prove liability,
- Gather sufficient information and evidence to support your claim,
- Calculate the total damages,
- Communicate with the insurance provider, and
- Proceed to court if necessary.
If you are involved in a snow car accident and are looking for an accident attorney to defend your rights, Jacoby & Meyers have passionate injury lawyers with expertise in handling ice car accidents. We cater to and provide quality service to winter accident victims in California. Contact us at 800-500-0000 for a free consultation. We will examine and hear your story!
Jacoby and Meyers. Because You Deserve Justice.
Call or text 888-522-6291 or complete a Free Case Evaluation form
