Black Ice Accidents in Colorado: Who’s Responsible?

Because it is difficult, if not impossible to see, black ice can cause some very serious car accidents in Colorado during the winter. That said, black ice is often cited as the “cause” of an accident when really it is only a factor. If you have been injured in a car accident where black ice was a factor, an experienced car accident lawyer can help you identify the actual cause of the accident and determine whether you may be entitled to compensation. 

Identification of All of the Relevant Factors Is Key

Car accidents are often far more complex than people realize. Even when it may seem obvious as to who is at fault, various contributing factors can make or break your case. Identifying all of the relevant factors is critical in determining what actually caused the accident and who should therefore be held liable. 

Some black ice accidents occur when all of the drivers involved were driving safely. However, many of the accidents occur because one or more of the drivers were being negligent. For example: 

• Driving too fast for the weather conditions, causing one of the drivers to be unable to stop or regain control of the vehicle
• Driving while intoxicated or drowsy, impairing the driver’s perception, judgment, and reflexes
• Tailgating, making it impossible to avoid an accident 

There are many other types of negligence that can play a significant factor when it comes to black ice accidents. A knowledgeable car accident lawyer will be able to determine the relevant factors in your case and whether you may have a claim. 

You May Be Entitled to Compensation if the Other Driver Was Negligent

If the other driver was negligent, they may be held liable despite the fact that black ice was a factor in the accident. As a result, you may be able to require them to compensate you for your medical bills, lost wages, pain and suffering, and other losses caused by your accident. If the other driver is claiming the accident was unavoidable due to black ice, you don’t have to take their word for it. Consult with a car accident lawyer before deciding whether to pursue a claim. 

Comparative Negligence in Black Ice Accidents

The situation becomes more complicated if both drivers were negligent. In that case, Colorado’s modified comparative negligence rule applies: you are barred from recovering any compensation if your negligence contributed more than 50% to the accident. 

Application of this rule to a particular case is difficult, and the difference between 49% and 51% can yield drastically different outcomes. However, do not assume that you don’t have a case even if you were partially at fault in causing the accident. Instead, discuss your case with a car accident lawyer who can determine whether you have a claim and what it may be worth. 

Injured in a Black Ice Accident? Call Today

At Rodemer | Kane, we know how to get accident victims the compensation they deserve. To schedule a free consultation, contact us today via phone or email.