Understanding Black Ice and the Risks It Poses 
Black ice is a term used to describe a thin layer of ice that forms on roadways, often blending in so seamlessly with the pavement that it’s nearly invisible to the naked eye. This makes it extremely difficult for drivers to detect, even under ideal driving conditions. When temperatures drop below freezing, rain, or moisture from melting snow can create this deceptive layer of ice, especially in shaded areas, bridges, and overpasses. Unlike snow or slush, which are often more apparent and easier to navigate, black ice can catch even experienced drivers by surprise. It’s often described as “black” not because of its color, but because it takes on the same dark appearance as asphalt. Due to its nearly invisible nature, black ice is a major contributing factor to winter accidents in New Hampshire. When vehicles hit black ice, they can suddenly lose traction, sending drivers into dangerous spins or leading to collisions with other vehicles or objects. The Complicated Nature of Black Ice Injury Claims
When an accident occurs because of black ice, proving liability becomes more difficult compared to other types of car crashes. Here are some of the reasons why black ice injury claims are more complex and require a nuanced approach:- Determining Liability: Who’s Responsible for the Road Conditions? In most personal injury cases, determining who is at fault is a straightforward process. However, in black ice accident claims, the responsible party may not always be clear. Liability can fall on multiple parties, including the government agency responsible for maintaining the road, a contractor hired to handle road maintenance, or even the vehicle’s driver. If the road was poorly treated with salt or sand, the municipality responsible for maintaining the road could be held accountable. If the accident occurred due to poor driving behavior, the driver involved may be at fault. In New Hampshire, local governments are required to maintain safe road conditions, which includes clearing ice and snow. However, they are not expected to clear the roads instantaneously, especially in situations where black ice forms unexpectedly. This gray area makes it important for an attorney to assess whether the authorities fulfilled their duties in a timely and effective manner. Tenn And Tenn, PA has experience handling these complex cases and can assess whether the municipality or another party failed to properly manage road conditions.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
- Understanding Contributory Negligence and Its Role in Your Claim Another complicating factor in black ice accident cases is the concept of contributory negligence. In some situations, the driver may have contributed to the accident by driving too fast for the weather conditions, even if black ice was the primary cause of the accident. In New Hampshire, the comparative negligence rule allows for a reduction in the compensation awarded if the injured party is found partially at fault. This means that if the driver was speeding or not paying proper attention to the road, their compensation might be reduced by a percentage based on their level of fault. Proving that the black ice was the main contributing factor, rather than driver error, is crucial. A skilled lawyer can help refute claims of contributory negligence, demonstrating that the primary cause of the accident was the black ice and not the driver’s actions.
- Challenges in Proving Foreseeability of Black Ice In some black ice cases, the issue of foreseeability comes into play. The responsible party (often a municipal entity or a road maintenance contractor) must have known or should have known about the black ice condition and failed to take proper action. Since black ice forms unexpectedly, it’s not always easy to prove that the party responsible for road maintenance had prior knowledge of the hazard. This can complicate the process of filing a claim, particularly if the accident occurred suddenly without warning. To strengthen your case, it’s essential to gather evidence about the road conditions at the time of the crash, including weather reports, expert testimony, and witness statements. Tenn And Tenn, PA is well-versed in collecting the necessary evidence and presenting a strong case to prove liability.
See What Our Clients Are Saying About Us
Attorney John Tenn and his entire team are amazing people! If you need a lawyer, he is the man to call! He handled my case in a professional matter and took the stress out of it all.
Mallory C.
The whole team were very professional and responsive. My case was effectively handled with good communication during the process. Very satisfied with the outcome. Highly recommend!
A. McMillan
Types of Injuries Resulting from Black Ice Accidents
The severity of injuries from black ice accidents can vary depending on the circumstances of the crash, the speed at which it occurred, and whether other vehicles were involved. However, black ice accidents often lead to serious injuries due to the sudden loss of control and the violent impact that can follow. Common injuries resulting from black ice accidents include:- Whiplash and Neck Injuries: When a vehicle skids or crashes due to black ice, the impact can cause the head to snap forward or backward, leading to whiplash. This neck injury can cause long-term pain and discomfort, requiring extensive medical treatment.
- Head Injuries: Black ice accidents often result in drivers or passengers striking their heads against the steering wheel, dashboard, or windows. These head injuries can range from concussions to more serious traumatic brain injuries (TBI) that can have lasting effects on cognition, memory, and quality of life.
- Broken Bones and Fractures: The sudden jolt of a vehicle hitting black ice can cause passengers to be thrown violently against the interior of the vehicle, leading to broken bones or fractures, especially in the arms, legs, or ribs.
- Spinal Cord Injuries: In severe accidents, black ice can cause the spine to be jolted or compressed, leading to spinal cord injuries that can result in paralysis or long-term mobility issues.
- Internal Injuries: If the accident causes severe enough impact, internal injuries such as organ damage or internal bleeding may occur, requiring immediate medical attention.
The Role of Insurance Companies in Black Ice Injury Claims
One of the challenges of black ice injury claims is dealing with insurance companies that may attempt to minimize the severity of your injuries. Insurance adjusters may try to downplay the role of black ice, arguing that the driver should have been more cautious. They may also claim that black ice is an unavoidable hazard, and therefore, they should not be held responsible for the accident. Having an experienced personal injury lawyer on your side is essential to ensuring you receive the compensation you deserve. Your lawyer will deal directly with the insurance companies, handle all negotiations, and, if necessary, take the case to court.Millions in Verdicts & Settlements
The attorneys at Tenn And Tenn are ready to help you solve your legal problems and obtain results.
$9,000,000
Pedestrian Accident
$2,225,000
Motorcycle Collision
$2,224,000
CarAccident