When driving, walking on sidewalks or stepping into buildings in Indiana and other colder climate regions, it’s important to always be on the lookout for the dangers posed by snow and ice. During this time of year, slip-and-falls and weather-related car accidents are frequent occurrences, causing numerous amounts of injuries and deaths. Of particular concern is a thin, nearly-invisible layer of ice that can form on roadways and other surfaces, typically when temperatures hover around freezing. Commonly known as black ice, this hidden danger can create a significant hazard for motorists and pedestrians alike. For this reason, when traversing sidewalks or roadways that might be covered in ice or snow, it’s imperative to always exercise caution to reduce the risk of injury to you and your loved ones.

Black ice gets its name from its ability to blend in with the darker pavement underneath, making it hard to detect. This type of ice often forms during the early morning or late evening hours when the temperature drops, especially in shaded areas, on bridges, or overpasses where the ground cools faster. Black ice is especially dangerous because drivers and pedestrians may not realize it’s there until it’s too late, leading to loss of control, slips, or accidents. The key to staying safe around black ice is to remain vigilant, reduce speed, and avoid sudden movements when driving or walking in potentially icy conditions. A good rule of thumb during wintry conditions is to always remain under the assumption that black ice may be present.

In the context of accidents and subsequent personal injuries, it’s important to remember that drivers can still be held liable in an accident, even if black ice is present and played a role in the crash. Motorists are expected to exercise caution and adapt to adverse road conditions and the presence of black ice is typically not a viable defense in a crash. However, each case will be unique and the amount of fault attributed to each party will depend on the specific circumstances of a case.

Since Indiana follows the modified comparative fault rule, each party’s degree of fault is considered when determining liability. If a driver is found to be more than 50% at fault, they may not be able to recover damages but could still be held liable for others’ injuries or property damage. However, in some instances, if an accident occurred due to truly unforeseeable conditions and a driver took reasonable precautions, their liability may be significantly lessened or eliminated altogether.

Because of the complexities that can arise due to cases involving black ice and other winter-related hazards, it’s important to seek representation from an experienced personal injury attorney if you’ve been injured. An attorney who is familiar with Indiana’s laws and statues and and has experience with bringing such cases to trial will be critical to the outcome of your case.

If you’ve been injured as the result of black ice or other winter-related conditions, contact our office and we will be happy to review your case. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.

Call 317-636-0808 or email us for a FREE and confidential consultation or complete the contact form request below.

FREE CONSULTATION REQUEST FORM