Who is Responsible for Car Accidents in Icy Conditions?

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In the Midwest, we all know that the winter weather can cause hazardous road conditions that can make driving dangerous and difficult. Blowing and drifting snow, low visibility, and icy roads can make it difficult to control your vehicle. Plus, it’s not always predictable. Though the Department of Transportation does their best to warn drivers of these hazards, accidents still occur.

You’ve Been in an Accident Due to Icy Conditions, Now What?

If you have been in an accident, you will need to file an accident claim with your insurance company. When filing an accident claim with your insurance company, they will consider all circumstances of the accident while being reviewed.  This includes weather, visibility, road conditions and more. If your car slides through a stop sign and causes damage to another vehicle, you may feel that it is the city’s fault because they failed to keep the roads safe.

However, this is not the case. As far as an insurance company is concerned, it is up to the driver to be responsible and to adjust their driving due to various conditions. If a driver has appeared to be negligent, they have a higher likelihood of being charged with fault.

I Have Been Wrongly Assigned Fault. Do I Have Options?

If you have filed a claim with your insurance, and feel that fault was wrongly assigned, never hesitate to contact a local car accident attorney. They will be able to look through the accident report and insurance claim and determine if any information was missed. They will help you identify if they can show fault elsewhere.

It is important to remember that North Dakota is a “No Fault” car insurance state. This means if there is a personal injury caused by a car accident and you want to bring up a liability claim or lawsuit:

  • The total necessary medical expenses you incurred because of the accident must exceed $2,500 OR
  • You must have suffered “serious and permanent disfigurement or disability” lasting more than 60 days.

The best way to avoid these situations is to slow down in inclement weather and pay attention to road reports. If you avoid these warnings and proceed, you could be held as the negligent driver.

If you have been in an accident and are looking to speak with an experienced car accident attorney, contact one of our experienced personal injury attorneys, Tim O’Keeffe, Tatum O’Brien, or Sara Monson by email, or call O’Keeffe O’Brien Lyson Foss at 701-235-8000 or toll-free at 877-235-8002 to schedule your consultation.

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