Who Is At Fault For A Commercial Truck Accident Involving Black Ice?

21 January 2021
 Categories: , Blog

During the winter, one of the problems that all motorists might encounter is black ice. This type of ice forms after it rains or snows and can easily lead to a commercial truck losing control and crashing into another vehicle. However, after an accident with a commercial truck in which black ice is involved, you might wonder who would be considered responsible.

How Black Ice Forms

You will most likely see black ice after rainy or snowy weather. It is less likely the result of dew or fog. It most often forms on:

  • Bridges
  • Overpasses
  • Areas that don't receive as much sunlight

The problem with black ice is that it has the same color as the surface that it covers. Therefore, when a driver hits black ice, they are more likely to lose control over their vehicles. A commercial truck can especially have problems with black ice because the larger size and weight of the truck can lead to it sliding for an even greater distance.

The Commercial Truck Driver Might Still Be Responsible

To receive compensation for your injuries, you will need to prove that the commercial truck driver was responsible for your accident. If the driver was speeding, this may be a sign of negligence. The driver might have been distracted while operating the commercial vehicle as well, which is another sign of negligence.

Some commercial drivers are fatigued and this can affect the decisions they make. For example, the commercial driver might brake suddenly. The driver might follow you too closely. The driver might try to pass you at an unsafe speed. The driver might try to blame the accident on the black ice and call it an act of nature, but an experienced attorney will be able to prove that the commercial driver was negligent.

Liability for Black Ice

In addition to holding the commercial driver responsible, you may be able to hold the municipality responsible for allowing the conditions to progress to a point where the black ice becomes such a problem. If this is the case, you will need to follow the proper protocol for pursuing legal action against the government.

While a commercial insurance provider can sometimes have a very high policy limit that can help you receive compensation for your injuries, it's always important to consider other parties you may be able to take legal action against so you can make sure that you receive the compensation you deserve for your injuries.

For more information about working with a truck accident attorney, contact a local law firm.