The winter months often bring cold and icy weather, and this makes driving hazardous. Local councils and the Highways Agency will take action to try to keep traffic moving by sending out lorries to grit the roads. Conditions can still be hazardous, however, especially on the more minor roads and an icy road car accident is all too common.
As weather conditions become more treacherous, the Highways Agency often issue warnings to motorists. The Highways Agency will urge motorists to be more vigilant and to take extra care when driving. The Met Office issues yellow warnings and asks motorists to avoid harsh braking and sudden moves such as changing lanes to overtake.
Often though, these warnings only involve asking people to consider if their journey is absolutely necessary and, if not, to stay at home.
Who is to blame for an icy road car accident?
Unfortunately, during the winter months many motorists will be involved in an icy road car accident, and accidents can happen to even the most experienced of drivers. Icy roads can cause vehicles to skid into another vehicle or an object, and poor visibility increases the likelihood of collisions. The question then arises as to how this will affect any claim for compensation. As with any other personal injury claim, whether or not an icy road car accident claim will be successful depends on who was at fault for the accident, and whether the behaviour of the claimant contributed to the accident.
When a car accident occurs on an icy road, the first step in bringing a claim is to decide whether the road was adequately gritted when the accident occurred. If the road was not gritted, then depending on when and where the accident took place, a personal injury claim may be successful.
If the responsibility for the maintenance of the road lies with the local council or the Highways Agency and they failed to grit the road, it may be possible to prove that the accident was not the fault of the claimant.
If the accident involves another vehicle, the way in which both of the parties were driving at the time of the accident will have to be considered. If one of the parties is found to have been driving in a way that was dangerous, or not adjusting their driving to take the poor weather conditions into account, a claim against them may succeed.
It is not just the driver of a vehicle who can make a personal injury claim if they have been injured in a car accident. Passengers can also make a personal injury claim.
Making a claim for an icy road car accident
If someone suffers injuries as a result of an icy road car accident, they may be unsure as to whether it is possible to make a claim for compensation or not. If you want to make a claim, contact Accident Advice Helpline as we are experienced in handling such claims and we can help to make the process easier. Our advisors will be able to advise on whether compensation could be claimed, who the claim should be made against, and how likely the claim is to succeed.
Date Published: December 4, 2013
Author: David Brown