Visitor Question

Car Accident on Icy Bridge

Submitted By: Tamara (Georgetown, KY)

I was driving Northbound on I65 in Crown Pointe, Indiana.

I was driving about 65mph.

It started to snow a little but had not accumulated on the roads.

An accident had just occurred a short distance in front of me that I was not aware of. The traffic started to slow down. I applied my brakes to slow down with the traffic and I happened to be on a bridge and it was covered with ice that you could not see. When I hit the ice I lost control of the vehicle and hit head on into a guard rail.

Is this nobody’s fault? Is there any way for me to get some money for the damage?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tamara,

This is a tough case, because at the end of the day, you might not be happy with the response.

These situations happen all the time…the road conditions caused by inclement weather contribute to hundreds of thousands of accidents a year.

But when it comes to liability, there must be someone or some entity to sue in order to seek compensation. And before you can sue, there should be fault of some kind. Where there is ice on the road (commonly considered an “Act of God” by most insurance policies), there is no one at fault.

To make matters worse, there might be some who argue that YOU were to blame.

Now, before you feel that all hope is lost, I would call your insurance company to see if there are any provisions tucked away that allow for these types of freak accidents and provide coverage.

Without reading your particular policy it is hard to say, but the easiest way to have that answered is to simply talk to your insurance agent directly.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 8, 2010

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