What Precautions Must Drivers Take When Driving on Slippery Roads?
Statistics show that, on average, New Jersey receives between 25 and 30 inches of snowfall every year. Even a light dusting of snow can make traveling by motor vehicle treacherous. There’s a common misperception, though, that if an accident is caused by the weather, it’s an “act of God” for which nobody can be held responsible.
While insurance companies often try to blame an accident on the weather, that’s not always the case. There are legal duties that motorists on snowy or icy winter roads in New Jersey must meet. If a jury determines that a driver has not met those obligations, that person can be held responsible for any resulting injury or loss.
What Standards Are Imposed on Motorists on Snowy or Icy Roads in New Jersey?
To understand the duties of motorists in the winter in New Jersey, it’s important to first understand how liability is typically established after an accident. Most personal injury (and most automobile accident) lawsuits are based on allegations of negligence.
What Is Negligence?
To successfully prove negligence in a personal injury case, the plaintiff (the person seeking compensation) must prove all of the following:
- The defendant (the person from whom compensation is sought) did not act reasonably—The jury makes this determination, based on the facts of the case and the actions of the defendant. There are generally no specific behaviors that are identified as unreasonable. Instead, the jury must identify what an “average person of ordinary prudence” would do in the same circumstances and must determine whether the defendant’s conduct met that standard.
- The defendant’s failure to act accordingly caused the accident and ensuing injury—This requires evidence of both “actual” and “proximate” causation. Actual cause means that the accident would not have occurred if the defendant had acted reasonably. Proximate cause means that the injuries suffered were “reasonably foreseeable” as a result of the unreasonable behavior.
- The plaintiff suffered actual losses—A party cannot recover compensation for losses that are covered by insurance or where losses are purely hypothetical.
Behavior Likely To Be Considered “Reasonable” on Snowy or Icy Roads
The jury will carefully consider all the actions of the defendant to determine whether they were reasonable:
- Did the defendant act reasonably in preparing their car for travel on icy or snowy roads?—Did the defendant remove all snow from the vehicle before getting on the road? Did they make certain that windows were de-iced or defrosted so that there was no impact on visibility? Were the tires on the car adequate to provide traction on slippery winter roads? Were all warning lights and signals properly functioning at the time of the accident?
- Did the defendant adapt their driving to the snowy or icy conditions?—Did the defendant stay a reasonable distance behind other vehicles on the road? Did the defendant adjust their speed to allow more time to stop or prevent skidding while making a turn?
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, including a motor vehicle accident on slippery New Jersey winter roads, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.