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Car Accidents Caused By Snow And Ice Are Not Excused In Indiana

Posted by Guy DiMartino | Oct 25, 2016 | 0 Comments

Michigan City Indiana car accidents that happen when a car loses control on snow or ice happen all the time in winter weather. 

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We saw an example of this a few weeks ago in I-94 in Michigan City with that 14 vehicle pile-up.  The question this post answers is whether auto crashes are excused if a car slides on ice or snow causing injury. This involves the application of Indiana car accident and traffic laws.

The story of a traffic crash because a car could not stop in time and rear ended another car, is played out over and over again in snowy and icy conditions. These crashes also happen in other ways such as a car spinning into another lane or actually sliding off the road. Sometimes, the accidents are so frequent that the police may not even be able to come to the scene.

Icy Or Snowy Conditions Are Not A Defense

However, it has long been Indiana law that skidding or sliding snow or ice, even if the car's  speed was slow will not excuse the driver that crashed into an innocent motor vehicle or injured its own passenger.  Under the law, a driver is required to act as a reasonable person under same or similar circumstances.

A lot of times the insurance company or insurance defense lawyer will take the position that the driver who caused the crash is not responsible because of the sudden emergency doctrine. Depending on the facts, many times this defense will not work.  Because under the sudden emergency doctrine the driver that caused the crash has to show three things: 1) the driver must not have created or brought about the emergency through his own negligence; 2) the danger or peril confronting the actor must appear to be so imminent as to leave no time for deliberation; and 3) the actor's apprehension of the peril must itself be reasonable.

If a driver is driving too fast for road conditions, this defense will not work.

If the insurance company takes the position that it doesn't want to pay for your injuries because of the sudden emergency doctrine, you should probably hire an Indiana car accident lawyer to assist you with your claim.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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