22 Dec Who Is at Fault When Ice Causes an Accident?
All drivers are required to exercise caution when driving in inclement weather or in hazardous conditions. If you are driving on a roadway that is icy or if you are driving in a winter storm with low visibility, it is your responsibility to adjust your speed and practice safe driving techniques to reduce your risk of an accident. At National Auto Collision Centers, we understand that accidents happen. We offer comprehensive major and minor collision repairs, and our certified auto technicians have extensive experience repairing damage caused by icy roadways. Let’s take a look at who is at fault when an accident occurs on an icy road.
Arizona Is an At-Fault State
Arizona is an at-fault state. This means that the driver who is responsible for the car accident is required to pay for damages. However, Arizona also uses comparative negligence to divide blame between parties when more than one person might be to blame for an accident. This commonly happens in weather-related accidents, as it’s very likely that both drivers were driving unsafely or negligently given the weather and roadway conditions.
How Fault Is Determined in Icy Road Accidents
It is harder to determine fault in accidents that occur due to inclement weather or poor roadway conditions. In general, the insurance companies and attorneys involved in the case will present evidence to mitigate their client’s fault and point blame at the other party. Obviously, this often results in a stalemate depending on the extent of the damages or the amount of the claim.
Common Factors That Contribute to Fault
There are a few factors that could influence whose fault it was that an accident happened on an icy roadway:
- Private roads vs. public roads – The owner of a private road is required to maintain it, so if an accident occurred because the road was poorly maintained, the owner could be found at fault. Public roadways also must be maintained; however, determining fault and successfully pursuing damages is more difficult because you will be going after a city, county, or state entity.
- Car maintenance or condition – In some cases, a lack of car maintenance or the condition of the car might contribute to negligence or fault in an icy road accident. If the car’s brakes weren’t functioning properly, or if the car had another mechanical issue that contributed to the accident, that driver can be found at-fault.
- Failure to take precautions – All drivers are required to exercise caution when driving on icy roads or in poor weather conditions. If an investigation finds that one driver wasn’t driving safely, they may be found at-fault for the accident.
Reducing Your Risk of an Icy Road Accident
You can reduce your risk of an icy road accident by exercising caution when driving in poor conditions, and making sure your vehicle is well-maintained and safe to drive in inclement weather. Unsafe winter driving includes speeding, not maintaining a safe following distance, not using blinkers to indicate a lane change, not having your headlights on in poor visibility, distracted driving, and driving while intoxicated or fatigued.
Get Collision Repair at National Auto Collision Centers
If you were in an icy road accident in Tucson, AZ, we can tow your car free of charge to one of our three convenient auto collision repair centers. At National Auto Collision Centers, our certified auto technicians specialize in major and minor collision repairs, including dents and dings, paint jobs, and body work. To learn more or schedule an appointment, call us today or contact us online.