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Black Ice Accidents

Massachusetts Attorney Representing Victims of Car Crashes

In Massachusetts, severe winter weather is almost a guarantee. Although you would think that this would make drivers conduct themselves more safely due to the rate at which they have to navigate icy roads, snow, rain, and high winds, it doesn’t always. In many cases, a driver will try to operate his or her vehicle as if there isn’t a weather condition impacting the driving conditions. When this happens, the outcome can involve serious and painful injuries for other motorists, pedestrians, and bicyclists. If you have been injured due to a driver’s careless behavior in winter weather conditions, including those involving black ice, a Massachusetts car accident lawyer at our firm can help you seek the compensation you may be owed.

Black Ice Accidents in Massachusetts

One of the most dangerous winter weather conditions facing drivers is black ice. It is a thin layer of ice that forms on top of pavement that is almost impossible to see. It typically blends in with black asphalt, which is why it has earned the name black ice. If a driver hits a patch of black ice, he or she can easily lose control of the vehicle, especially if he or she panics and slams on the breaks or moves the steering wheel erratically. This means that any vehicles, pedestrians, or bicyclists adjacent to the car may find themselves being involved in an accident.

Although there are some instances where it is impossible to have seen black ice, drivers should know to anticipate it when inclement weather conditions reach a certain point. This typically involves any weather pattern where there is moisture followed by a rapid freeze. If a driver knows that these conditions are at play, they should reduce their speed, avoid areas where moisture accumulates, and proceed with caution. Unfortunately, many drivers fail to account for severe weather situations and instead drive as they usually would if the weather weren’t severe.

Seeking Compensation After a Accident

If you were in a black ice accident involving a careless driver, you may be entitled to compensation for your injuries and damages, and a knowledgeable injury attorney can help you file a lawsuit. In this type of case, you must prove that the other driver failed to use reasonable care and skill when operating his or her vehicle, and that you suffered injuries as a direct and foreseeable result of the failure. This standard of care encompasses any important factors at play during the time of the crash, including the current weather. A reasonable and prudent driver would account for inclement weather and potential black ice in the road, and adjust his or her driving accordingly.

After showing that the defendant failed to use reasonable care and skill while driving in severe weather conditions, you must show that you would not have been injured but for his or her failure to use due care. This is an important step in your lawsuit. If you cannot prove causation, then you will be barred from recovering any compensation, even if you can show that the other driver acted negligently. The other driver may offer evidence to show that you were also negligent at the time of the accident, for example, and that this negligence was the primary cause of your injuries.

Finally, a claimant who can prove lack of due care and causation is entitled to receive compensation for his or her damages directly associated with the accident. This can include amounts for past and future medical expenses, lost wages, and pain and suffering.

Meet with a Determined Car Accident Lawyer in Massachusetts

A skilled injury attorney at our firm is available to represent victims of unnecessary and avoidable car accidents throughout areas around Boston, Cambridge, Waltham, Newton, Somerville, Quincy, Lowell, Norwood, Brookline, Dedham, and Peabody. We understand what you are going through during this traumatic and disruptive time in your life, and we will fight to ensure that you are treated fairly. This includes handling all phases of the lawsuit including negotiating with insurance companies and gathering evidence. To schedule a free consultation, call us at (800) 262-9200 or contact us online to get started.

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