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You are here: Home / FAQs / Rear-ended due to black ice. Can I sue?

Rear-ended due to black ice. Can I sue?

January 23, 2019 By GhabourLaw

Rear of front driver tire, driving on snow.

Skidding on black ice can cause accidents. Assume the risks before you drive.

 

Many drivers are curious about who is at fault for an accident caused by snow and ice. The short answer is that the element of snow and ice does not factor into the liability equation very much.

For instance, if you are rear-ended because the driver behind you lost control of his car on black ice, he is still at fault for the accident and you are entitled to compensation for your personal injury, including medical bills, lost wages and pain and suffering.

A driver assumes the risk of driving in such conditions and is responsible for what may happen. As one cannot sue the black ice itself, (as comical a lawsuit as that may be) the driver who crashes due to the ice will be held accountable for the accident.

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We are New Jersey lawyers specializing in Personal Injury and Worker’s Compensation cases. Our personal injury team also focuses on auto accidents, commuter accidents, truck, rail, bus and pedestrian accidents. As part of our Workers’ Compensation practice, our team serves those who’ve sustained workplace injuries, or have been injured offsite while performing job duties.

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