The answer depends on what the weather conditions were like  just prior to the accident.  If the roads were generally snowy and icy, and temperatures at or below freezing, chances are excellent that the driver of the truck will be found responsible.  This is because he/she should have foressen the possibility that his vehicle would spin out or slide because of the cold temperature and ice and snow on the road.  On the other hand, if prior to the accident the roads were clear and the weather sunny and the black ice was in an isolated spot (like in a dip in the road where water would collect) the driver may have a defense, known as the emergency doctrine.      The emergency doctrine defense basically says that if a driver is confronted by a sudden and unexpected circumstance which leave little or no time for thought, the driver cannot be deemed negligent.  The courts in this circumstance will take a very close look at weather conditions before the accident, often many hours before the accident.       As a personal injury lawyer in Livingston County I have encountered these situations numerous times in and around the Rochester area.  Obtaining photos of the accident scene, witness statements  and meteorological records as soon as possible are all critical to a favorable outcome for the injured driver.

 


Q: I was injured in a car accident when a truck travelling in the opposite direction hit black ice and spun out, entering my lane of traffic.  Is the other driver responsbile?

A:      The answer depends on what the weather conditions were like  just prior to the accident.  If the roads were generally snowy and icy, and temperatures at or below freezing, chances are excellent that the driver of the truck will be found responsible.  This is because he/she should have foressen the possibility that his vehicle would spin out or slide because of the cold temperature and ice and snow on the road.  On the other hand, if prior to the accident the roads were clear and the weather sunny and the black ice was in an isolated spot (like in a dip in the road where water would collect) the driver may have a defense, known as the "emergency doctrine".
     The "emergency doctrine defense" basically says that if a driver is confronted by a sudden and unexpected circumstance which leave little or no time for thought, the driver cannot be deemed negligent.  The courts in this circumstance will take a very close look at weather conditions before the accident, often many hours before the accident. 
     As a personal injury lawyer in Livingston County I have encountered these situations numerous times in and around the Rochester area.  Obtaining photos of the accident scene, witness statements  and meteorological records as soon as possible are all critical to a favorable outcome for the injured driver.



Listen to Scott's radio show, "Cannon's Law- Opening Fire" on WYSL 1040AM and FM TALK 92.1, Saturday mornings 8:00-9:00, and Sunday evenings from 6:00-7:00.
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