Can I recover if I was injured in a car accident during icy conditions?



On the afternoon of January 27th, 2014, hundreds of thousands of drivers took to the interstates, highways, and roads of Atlanta, trying to reach kids, pets, and home before snow and ice covered the city. Unfortunately, things did not work out too well, and the largest gridlock in Atlanta’s history ensued.

Snowpocalypse 2014 caused an unprecedented number of car accidents. Thousands of Atlantans were injured due to collisions on the icy roadways. But how does the icy and snow affect a personal injury claim? If the wreck occurred under the conditions of a Snowpocalypse, can a claim still be made? The answer is yes, but it will depend on the specific facts. 

Georgia law provides that drivers must adhere to a reasonable standard of care with regard to the particular weather conditions at the time. A jury may take into account the distance between vehicles and the speed of the vehicles in snowy or slick weather. So, for example, what might be a reasonable distance to keep between the you and the car in front of you in dry or even rainy weather might not be reasonable in snowy or icy weather. The same for the speed of your vehicle. Driving excessively fast in snow may would not be within the reasonable standard of care.

This is important for one simple reason: In order to recovery for a personal injury, the other person must have been negligent. This means that the other driver failed to adhere to the reasonable standard of care, and this failure caused the car accident, and by extension, your injuries.

So, whether you have a case for a personal injury from a car accident in snowy conditions will still be a matter of proving the other party was negligent. It’s just that the standard of care may or may not be a little higher.

These are just a couple of the considerations to be made prior to filing a claim or a lawsuit based on a car wreck in icy conditions. If you or a loved one have been injured in a car accident and you are unsure about what to do next, then please, feel free to call and speak to one of our experienced Atlanta car accident lawyers today. Our consultations are always free.