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Black ice is treacherous, very difficult to see, and can easily cause a serious or fatal wreck. Although inclement weather has contributed to many accidents, drivers are still responsible for how they respond to it. That means a driver can be held at fault if they hit a patch of black ice and subsequently crash into someone else.
But how do you go about proving liability in icy conditions, including those that involve black ice? You retain a dedicated law firm that knows how to investigate accidents and build a case for the compensation you need. In Warner Robins and Macon, that firm is Joshua E. Palmer LLC.
What is Black Ice?
Black ice is a clear coating of ice on a roadway that, due to its translucence, appears black (like the asphalt beneath it) and is therefore nearly impossible to see. It is especially difficult for oncoming vehicles to notice black ice, and snow or slush may also obscure it. Black ice can result from freezing rain, fog or mist in below freezing air, or leftover moisture on the road.
Black ice is prevalent throughout Georgia in the winter months, especially (but not exclusively) in January. It can occur just about anywhere if temperatures dip even a few degrees below freezing. That means cities like Warner Robins, Macon, and Atlanta must all contend with black ice in the coldest months of the year.
How Common is Ice in Georgia?
Although black ice is less common in Georgia versus northern states, there have been historic events such as the infamous 2014 “Snowpocalypse” that left roads snowy and icy. Atlanta itself has, on average, just under 50 days each year where temperatures drop below freezing. This is a recipe for black ice, and for serious accidents.
Nationally, there are over 150,000 accidents each year due to ice, according to the Federal Highway Administration. The U.S. Department of Transportation estimates that over 1,300 automobile fatalities occur each year due to snow and ice. Many wrecks occur in Georgia, not because they are as prone to ice as northern states, but because drivers simply do not know how to adapt to icy conditions.
Black Ice and the Duty of Care
Drivers must understand that they are responsible for what happens with their vehicle during bad weather. A driver cannot get into a weather-related wreck and act as though they were at the mercy of icy conditions. Every driver owes everyone else a duty of care, which requires operating their vehicle with reasonable safety.
When conditions are icy in Macon and Warner Robins, exercising a duty of care might look like:
- Slowing down: Going the speed limit is generally not advisable during inclement weather. Vehicles should go much slower since the risk of black ice can be high.
- Allowing extra space: Tailgating is dangerous and illegal anyway, but it’s much more hazardous during icy weather. Always allow more space between you and the vehicle ahead of you.
- Checking for weather updates: Since black ice can strike with little warning, drivers should check for weather updates if they are planning to drive soon.
- Abandoning the trip: If the driver encounters icy conditions, it’s probably best to abandon the trip and return home, or wait safely somewhere until temperatures warm up.
Proving Black Ice Liability
Since Georgia can and does get black ice, this means a driver in Macon or Warner Robins could potentially hit a patch, spin out of control, and slam into someone else. The accident victim will need to explain how the crash happened. There are various forms of evidence the victim can produce to show that black ice caused the wreck, including:
- Police accident report: Call 911 to report the crash, and find out from the police how you can get a copy of the police accident report later.
- Photos and videos of the roadway: Taking pictures and recording videos early, before the ice melts, is a good idea as long as you can safely do so.
- Video footage of the accident: Dashcam or other camera footage that shows the accident happening, or at least shows other cars slipping on the ice, is also helpful.
- Eyewitness statements: If there were any witnesses to the accident, get their names and contact information.
- Your personal notes: You should write down everything you can about the accident as soon as you can so you don’t forget important details.
- Expert witness testimony: Accident reconstructionists can examine evidence from the accident scene and the vehicles involved to explain how black ice caused the crash.
Helping You Claim Compensation After a Car Accident
Black ice is a serious threat to safety, and it could leave you or your loved one with medical bills, missed time from work, and other losses. Joshua E. Palmer LLC is here to help you claim the compensation that you deserve. Connect with us today to begin working on your case.
