Who is at fault for a car accident due to snow, ice or black ice?

Liability / Responsibility for Accidents in Winter Weather

Many people are surprised to discover that they are still at fault if they cause a car accident during a snow storm, are involved in a collision on icy roads or are involved in a black ice accident. You can’t blame the weather for an accident.  Drivers have a duty to drive safely and appropriately no matter what the conditions. 

Some people want argue that it is unfair to be found at fault when you are unable to control your car due to the ice.  But drivers are well aware of the dangers of driving in winter weather conditions and so the law holds them responsible when an accident occurs. Every time someone chooses to drive in the snow or on an icy road they can be held responsible if they cause an accident. 

Injured In A Winter-Weather Accident

A driver who rear-ends you is at fault, even if he only rear-ended you because of black-ice. Therefore you are entitled to compensation from his insurance company for your injuries, medical bills, lost wages and pain and suffering.

I was recently involved in a very small accident in Massachusetts which a truck was parked illegally in a restaurant lot and I was trying to avoid a vehicle coming into the restaurant and slide on some black ice and GRAZED the parked car. As a good Samaritan I went into the restaurant and found the owner to let him know. I gave them all my information and He said there was not enough damage for a claim. I just received a call from my insurance company saying they put in a claim. Can I counter this by saying he was not parked legally?
by mj cain March 1, 2015 at 03:52 PM
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