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Black ice and winter hazards don't mean you can't make a claim

In winter accidents, it can sometimes be difficult to determine fault. Both drivers might struggle with a slick area of a roadway, or one might lose control due to black ice.

Winter weather poses a threat to everyone on the roads, but the interesting thing is that the weather won't stop someone from being at fault in a collision. The authorities expect those who are using the roads to be educated enough to do so safely. They expect that you are able to navigate the roads despite the conditions or that you'd otherwise choose to stay home or pull over.

Those who choose to drive in winter weather have an obligation to others. That obligation is to avoid causing a collision as a result of their behaviors. That means not speeding, leaving enough distance between their vehicle and others and taking precautions to prevent a crash.

It is true that a 50-50 determination might be made in cases where two people crash as a result of weather conditions that cause them both to slide or in cases where it's not clear who caused the crash. In other instances, like when you're hit from behind, it's clear that the driver behind you was not being safe.

If you are involved in a wintertime accident, you can still make a claim against the other driver. If they struck you and you did nothing to provoke an accident, then you're an innocent victim who has all the rights of anyone who has been hit in any other season. Our site has more on what to do if you're involved in an accident that was not your fault.

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