Winter Car Crash Lawsuits in Wisconsin
Personal Injury Lawyers Madison Trusts for Icy Road Auto Accidents
Wisconsin winters bring all kinds of dangerous driving conditions, like snow, ice, black ice, freezing rain, and slush. We’ve all felt the momentary panic as the car slides unexpectedly and the relief when we regain control. It’s not uncommon to see a vehicle that has slid into a ditch and can’t get traction on the frozen or snowy ground to get back out.
Some winter car accidents are unavoidable, and no one is at fault. For instance, if you are driving during or soon after a snow storm and the city has not had time to plow and salt the roads yet, the city most likely cannot be held responsible for the accident. Other times, the negligence of the city or the recklessness of other drivers is directly responsible for your car crash, the damage to your vehicle, and any injuries. Our Madison personal injury attorneys have your back. We’ll assess your car accident case for free to determine if you have a strong case. Should you choose to have us represent you, we’ll begin preparing your case as if it will be tried before a judge and jury.
Winter Vehicle Accidents Caused by Other Drivers
If you’re driving safely and cautiously, and another car hits you because the driver was recklessly driving too fast for the weather, you deserve compensation for any property damage and medical expenses. The other driver may insist it wasn’t their fault the roads were icy, but in reality they had a responsibility to drive carefully in hazardous weather conditions and keep their car under control.
The other driver’s insurance company may offer you a measly settlement – less than you deserve, and much less than you could get with our personal injury law firm on your side. Contact our car crash attorneys for a free consultation. Our experienced lawyers will assess your case and advise you on the best way to proceed to get the most money possible.
INJURED? It IS About The Money.®
Suing the Government for Unsafe and Icy Road Conditions
Depending on the specific circumstances, the city or county government may not be liable for the road conditions resulting in your accident. In fact, it is extremely difficult to sue the city for icy roads. Although the city is responsible for plowing and salting the roads, it is not reasonable to expect all roads to be completely clear at all times. The winter car crash may even be seen as negligence on your part: you chose to drive on an icy road and assumed the risk of an accident.
However, in some cases, the city’s negligence created a dangerous situation. If unplowed streets, lack of salt or sand, or obstructed views due to piles of snow led to your accident, the government could be held liable.The statute of limitations for filing a civil claim against the government is much shorter than for most other personal injury cases – possibly as short as a few months. Contact our car crash lawyers as soon as possible after your accident to ensure you meet all the necessary deadlines.If you choose to file a claim against the government for damages after a car accident in snow or ice yourself, without an experienced attorney, you will have to file a Notice of Claim with all important details about the accident, including:
- When and where it took place
- What design, construction, or maintenance fault caused you to crash
- Any damages, include property damage and hospital bills
File separate notices of claim with each government agency responsible for maintaining the road.
A government attorney will review your claim to determine whether it has enough evidence to warrant an administrative hearing, where you’ll present your case. Should the hearing officer deny your claim, file an administrative appeal. If you lose the appeal, the only way to get compensation is for an auto accident attorney to file a lawsuit for you.
Or you can call our Madison car accident attorneys from the start. You deserve the maximum compensation possible from all parties responsible for your property damage and injuries, and our personal injury lawyers have the knowledge and experience to make it happen. Our winter car crash lawyers don’t back down from the big opponents. During your free case assessment, we’ll determine whether your case is the result of negligence. If you hire us to sue the city or county government, we’ll immediately start building your case and filing the appropriate claims.
What Is Black Ice?
“Black ice” is a bit of a misnomer since black ice is actually clear. It’s so named because it is often indistinguishable from the black road beneath it, making it extremely difficult to see. Black ice forms when a light drizzle falls on frozen ground and freezes on impact or when snow and ice melts and refreezes.
Although black ice is hard to see, you may be able to spot it if you’re on the lookout. If the road is mainly dry but some patches appear wet, and the temperatures are below freezing, those glossy areas are likely an extremely thin layer of ice.
Black ice most often forms when the sun isn’t out and temperatures are low. Shaded roads, less traveled roads, bridges, and overpasses are especially susceptible since temperatures are lower.
Tips for Driving on Black Ice
If you feel your car beginning to slide on snow, ice, black ice, or slush, stay calm and let the car pass over the slippery spot. Follow these tips to regain control and reduce the risk of an accident:
- Don’t hit the brakes
- Take your foot off the gas pedal
- Keep your steering wheel steady
- If you drive a stick shift (manual transmission), shift into a lower gear for more control
- If possible, steer toward an area with better traction (dry pavement, textured ice, snow)
- If you feel your car sliding to one side or the other, turn the wheel slightly in that direction to regain control. Steering the opposite direction could cause you to skid or spin out.
Free Initial Consultation and No Fee Until You Win with Madison Auto Accident Attorneys
Other personal injury law firms in Madison simply act as a middle man, taking the lowball settlement offer from the insurance company without fighting for more. These sign-and-settle law firms, or settlement mills, make their money by pushing through as many cases as they can as quickly as possible.Warshafsky Law is different. We prepare each case as if it will go all the way to trial from the very beginning. We investigate the crash site, collect witness statements, and bring in experts. Our reputation for preparation often encourages insurance companies and other opponents to offer the maximum settlement. Should our opponent refuse to settle or offer less than you deserve, we’ll take them before a judge and jury.
Schedule a free, no risk initial consultation with our winter car crash attorneys. We’ll assess your situation and tell you what to expect as far as the legal process and award amount. If our personal injury lawyers represent you, there are no retainer fees or monthly bills – we don’t get paid until you do.