Car Accidents on Ice and Snow

Georgia Georgia car accident on ice does not suffer from lengthy winters, but we get our share of ice and snow, especially in 2014. Inevitably our firm gets deluged with phone calls from motorists dealing with collisions in icy conditions. The biggest problem we see is the propensity for car insurance companies to seize on icy crashes and declare "it's not our insureds fault, it was the ice!" This is a of course a cop out in many senses. Ice and snow are rarely a surprise so careful drivers have a duty to modify their speed and following distances based on conditions. Drivers in Pittsburgh and Boston manage to get around just fine, but driving carefully.

A case in point is a call we received from a driver on Peachtree Battle where the other driver came around a curve and slid over the center line, totaling the caller's car. The insurance company for the other driver denied liability even though the police officer issued her a ticket. Normally you can just turn the claim in through your own insurance and they will pursue the other insurance company through intercompany arbitration. The real problem arises if you don't have full coverage.

Trial lawyers cannot afford to take property damage only cases on a contingency unless the car is worth a lot of money. We just would not make enough to justify the time and money put into the case. The key to pushing ice cases forward is establishing;

1) knowledge on the part of the negligent driver of the icy conditions (through driving earlier that day, preferably in the same are)

2) admission of other other vehicle successfully negotiating the turn. (demonstrate a lack of other police reports that day for that area)

Gibson v. Carter 248 Ga. App. 280 (2001) provides a good explanation of the duties where there is ice.  OCGA § 40-6-180 says that a driver may not drive "at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. Consistently with the foregoing, every person shall drive at a reasonable and prudent speed... when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions."

Understand that if you chose to file the case yourself in small claims court, you will need to be able to prove the negligent act by the defendant driver and have admissible evidence on the value of your vehicle and the repair.

Client Reviews
  • My wife and I were hit by a tractor trailer in 2014. After extensive research online, we were deeply impressed with the various reviews we read on Google and Avvo and chose Chris to represent us. We could not have a made a better decision. Chris and his firm treated us like we were their only clients, soothed our worries, and instantly gained our trust. Chris settled both of our cases for more than we expected.
    ★★★★★
  • A co-worker of my wife recommended Chris to us. At the very beginning Chris showed that he cared and his knowledge is priceless. Going through this process can be aggravating but Chris did a great job guiding me through this and was always available to answer my questions. Chris fought to get what I deserved even though at times I wanted to give up.
    ★★★★★
  • I want to express my deepest sense of gratitude and appreciation to Attorney Chris Simon & Attorney Chris Carsten, for all the hard work that they put forth into my case (car accident filed after being hit by drunk driver). Their attention to detail and professionalism far surpasses their firm's reputation. Because of their diligence and dedication to their craft, they were able to bring my case to a successful close, one that I could live with. You will not find a better team for your case. Should I have a need for their services again in the future, or know of anyone looking for a top notch Auto Accident Law Firm, I would not hesitate to recommend them!!!!
    ★★★★★
  • Wow...Chris is a very good attorney. Me and my son was in a very bad car accident an I was clueless on how to handle the situation. It's very hard to find an attorney who allows you to contact them personally instead of you contacting their asst. I was told that I didn't have a case because the hosiptal put a lien on my acct. Chris prove different and I was able to file my case with the insurance company. The process was very quickly and Im glad I selected the right attorney..Thanks Chris
    ★★★★★
  • Chris is a great lawyer and the most people friendly attorney I have ever delt with. He handled my case with great attention to detail and did so in a very short period of time. He is very consice, efficient, patient and understanding. He has a strong passion for what he does and he does it well. I recommend Chris Simon as legal representation for anyone who has suffreed damages or a loss at the negligence of others. He really cares about you and your case.
    ★★★★★