Can You Be Liable for Driving within the Speed Limit on Icy or Snowy Roads?
Though you can always file a personal injury lawsuit based on the intentional acts of another person, as a practical matter, most personal injury claims are based on a legal principle known as negligence. Under this approach, every person in society has a duty, in all their actions, to act as a reasonable person would. Accordingly, if you’re behind the wheel of a car, you will be held to this standard. If you don’t meet the standard and cause an accident, you can be held liable for any losses suffered by others as a result.
Does a Driver’s Duty of Care Change in the Winter?
It’s almost winter in New York and that typically means ice and snow on the roads. Are drivers held to a different standard in poor or inclement weather? Well, yes and no.
The actual standard of care—that of a reasonable person—doesn’t change. But the duty of reasonableness is based on the given circumstances. For example, if there’s snow or ice on the roadways, the question a jury will ask is “did the defendant act reasonably, given that there was snow and/or ice on the ground?” When making that determination, the jury will likely ask such questions as:
- Should the defendant have operated the vehicle at a slower speed? Was it unreasonable to be driving as fast as the defendant was?
- Should the defendant have allowed for more distance between his or her vehicle and other cars on the road?
- Did the defendant unreasonably fail to keep his windshield or hood free from snow or ice, thereby limiting his field of vision?
Under this approach, the defendant may have actually been driving the posted speed limit, but still be found to be negligent, if the jury determines that a reasonable person would have driven slower.
Have You Been Hurt in a Car Accident because of Someone Else’s Wrongful Act?
Let the Law Office of John Fazzini help protect your legal rights. To schedule a free initial consultation, contact us online or call our offices at (631)547-8989.