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Automobile Collisions / Workers' Compensation

414-272-3636 877-412-7409

Whose Fault is a Car Accident on Icy Road

Whose fault is a car accident on icy road in Wisconsin is a question many drivers have after a collision.  Ice or icy conditions can be a factor contributing to an automobile accident, but it does exonerate a negligent driver from responsibility for paying money damages to an injured innocent party.  Take the situation where a client says: there was a guy behind me, he could not stop because of ice and rearended me. Is he responsible?

Wisconsin law states in WJIC 1112 on Operation of Automobile Following Another:

The driver of a motor vehicle should not follow another vehicle more closely than is reasonable and prudent.

In determining whether a driver was following the vehicle ahead more closely than was reasonable and prudent, you should consider the speed and location of both vehicles, the amount of traffic, the condition of the highway, and the visibility at the time.

WJIC 1105 on Management and Control states: 

A driver must use ordinary care to keep his or her vehicle under proper management and control so that when danger appears, the driver may stop the vehicle, reduce speed, change course, or take other proper means to avoid injury or damage.

If a driver does not see or become aware of danger in time to take proper means to avoid the accident, the driver is not negligent as to management and control.

WJIC 1105A on Management and Control in an Emergency states:

When you consider negligence as to management and control, bear in mind that a driver may suddenly be confronted by an emergency, not brought about or contributed to by (his) (her) negligence. If that happens and the driver is compelled to act instantly to avoid collision, the driver is not negligent if (he) (she) makes a choice of action or inaction that an ordinarily prudent person might make if placed in the same position. This is so even if it later appears that (his) (her) choice was not the best or safest course.

This rule does not apply to a person whose negligence wholly or in part created the emergency. A person is not entitled to the benefit of this emergency rule unless (he) (she) is without fault in creating the emergency.

You should consider this emergency rule only when you determine whether (name) was negligent as to management and control.

Yes, a driver who fails to stop on ice and hits another car in the rear-end, is responsible for the car accident, lost wages, medical bills, pain and suffering damages.

McCormick Law Office in Milwaukee, Wisconsin represents drivers and passengers injured by drivers who fail to stop on icy roads in Wisconsin.

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McCormick Law Office
829 North Marshall Street
Milwaukee, WI 53202

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