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With wintery weather likely over the next few weeks, drivers need to be aware of the potential hazards of ice on roads
If you have an accident after skidding on ice, you may not have grounds for a lawsuit. But there are cases in which motorists who have been injured or the families of those who are killed, may have grounds to file a lawsuit against a government entity.
Recently a case was brought against the federal government and a county government over a crash which killed a driver of a car, and seriously injured two passengers in an SUV.
Virginia Lawyers Weekly reported on how the driver of the SUV encountered a thick sheet of black ice on the Clara Barton Parkway in Maryland, and crossed a median, hitting another car and killing the driver.
The source of the ice was a broken water main underneath a residential street adjacent to the parkway. The water main was maintained by the Washington Suburban Sanitary Commission (WSSC). The water ran onto land owned by the United States and maintained by the National Park Service. The water escaped from a breach in a pipe on federal land and reached the highway where it froze.
Under the Federal Tort Claims Act, the United States can be held liable “in the same manner and to the same extent as a private individual under like circumstances.”
A $712,500 settlement was reached in the wrongful death case, filed by the family for the decadent.
The case illustrates how, on occasions, a government entity can be liable for an accident caused by ice due to a defect. A private landowner could be held liable in similar circumstances.
The attorneys for the plaintiff were Mark A. Towery of Fairfax, VA and Robert G. McGinley and Christopher Nolin of Maryland.
All cases are different and we cannot guarantee the same result in your case. If you are injured in a bad weather crash or any other accident, due to the fault of another call the Cooper Hurley Injury Lawyers for a free consultation at 757.455.0077.