I had an accident on ice. Who's fault is it?

Question

I bought a new car on Saturday then got in a wreck on Sunday. Luckily I am fully insured. I need to know who's fault this would fall under.
We were driving down a ice covered dirt road in the mountains of Utah pulling a trailer. We started down a very icy hilland slipped a few times. We were going about 5 miles per hour then got to a turn in the road just before hitting the steepest part of the hill. When we got around the hill we seen three vehicles sitting at the bottom of the hill blocking the road. At that point we were already committed to the hill and were unable to stop. We slid down the entire hill, trying our hardest to drive off the road but were unable to. We turned sideways as we hit the Toyota Camery which then spun around hitting the two other trucks parked next to it. Once we came to a stop the camper trailer we were pulling jack knifed hitting the other side of my newly bought car. Who's fault is it?

Answer 1

Sorry, but yours. There may have been ice everywhere, but extreme caution was required.

Answer 2

First, I want to tell you that I worked for an attorney that was hired by State Farm Insurance. I hope that the knowledge I provide to you here would be of benefit to you.

Second, I do not know if Idaho is a "no-fault" law State. Either way, from what you have explained in your descriptive, the way the law would look at this incident, would be that you were 100% at fault for this unfortunate accident. The law expects you to have 100% control of your vehicle no matter if you are on a sheet of ice or not. Speed is a factor, although, even though you were going only 5 mph, it is still looked at as "going to fast for road conditions." When the police officers came to take an accident report, often times they would issue YOU (or whomever was behind the wheel) a citation for the incident.

In all due respect to my former employer, I am hoping that you DID NOT have insurance through State Farm or AAA. Those are two companies that I would NOT purchase automobile insurance from.

Lastly, I pray that no one was seriously hurt or the damage isn't more than what your automobile policy will cover. If you take a look at the coverages on your policy, there is a maximum amount that your insurance will cover per occurance. If the damages incurred from this accident is more than the limit of your policy, then you are personally responsible for the access. I hate to break the bad news of this to you, although, look at it this way, at least you know!! If you haven't already contacted your insurance agent or insurance company, I would recommend that you talk to someone IMMEDIATELY and get SOME ANSWERS!! Be careful to not admit guilt. If anything, especially when making statements, the less said is often the best.

My best to you and I hope that this helps!!

Answer 3

No-fault does no longer advise no one is at fault for an coincidence! someone is continuously deemed to be "at-fault" in an coincidence, no matter if partly or completely. Ontario's "no-fault" insurance ability once you're injured or your bike is broken in an coincidence, then you fairly cope which include your own insurance agency, inspite of who's at-fault. you do not might want to decide on the help of the at-fault driver's insurance agency for repayment. you're envisioned to maintain administration of your motorcar. certain, it really is difficult to carry close the black ice is there, despite the indisputable fact that, once you hit it, you've been making use of too quickly for circumstances, so a approaches as insurance is going. i imagine, at the same time as there are comments of black ice, there'll be few injuries at the same time as there are fewer drivers tooling alongside as if there's no problem. On a visit I made very last 12 months, I truly have a minimum of 350 miles of ice on the line each and every way. i might want to not in any respect have made the vacation if it wasn't a relations funeral. I stated vehicles in the trench, even one the different way up. I drove to circumstances, and had no problem, except for the very actuality the vacation took an better day each and every way by way of sluggish making use of.

Answer 4

You are responsible for the accident.

1. Even at only 5 MPH, you were driving too fast for conditions.
2. You failed to check conditions ahead under extremely hazardous conditions.
3. Despite extremely hazardous conditions, you continued to operate a vehicle where a prudent person would not have.

Towing a trailer on an icy mountain road is extremely difficult. The mere fact that you had an accident under the conditions described is prima facia evidence that you are not qualified to do so.

It is not unreasonable to expect vehicles to be blocking a road under the conditions you gave and you failed to take this into consideration when you drove under those conditions. Since they were stopped and you were not, you own the fault for the accident.

Answer 5

The town in which this accident occurred is really at fault. The Department of Public Works should've made sure that the road was clear. But the odds are that they will try to sue you, but your insurance company will side with you and put the blame on the town. You will probably end up with half the blame.

Since the town is a state entity, you must file a notice of claim with the town before the statute runs. In New Jersey, you have 90 days to file the notice of claim with the town, dpw, etc. if not, you are barred from recovering.

I suggest you go and take pictures of that hill, if theres still ice on it, so it can be your defense. File a notice of claim. Its extremely urgent and it might even help you out with your defense if they try to sue you.

And regardless if they pin this on you, that's why you have insurance to cover you.

Answer 6

Sounds to me like you were standing on the brakes, locking up the tires and taking steering control away from you by so doing. Bottom line, knowing there were road conditions that would cause you difficulty, you should have stopped and put on chains. Since you didn't, you will be found at fault and your insurance wil have a heck of a bill to pay. If you had downshifted and stayed off the brake, you might have been able to steer clear of the stopped vehicles. But, you didn't have yours under control, so your fault, especially since the other vehicles were stopped and not moving.

Answer 7

You knew the road was ice-covered, and could have made the decision not to drive in the mountains, especially pulling a trailer. It was your responsibility to ensure control of the vehicle under the conditions you chose to drive in. sorry, but it is your fault.

Answer 8

Basically it's your fault. You have a duty to maintain control of your vehicle, and an even greater one when you are on icy roads.

Answer 9

Every state and insurance company has different variations on deciding fault. The best people to answer this are your local law and your insurance company.

Answer 10

Sorry...the driver holds the sole responsibility for the operation of a vehicle.