Rear-ended due to black ice. Can I sue?

Many drivers are curious about who is at fault for an accident caused by snow and ice. The short answer is that the element of snow and ice does not factor into the liability equation very much.

For instance, if you are rear-ended because the driver behind you lost control of his car on black ice, he is still at fault for the accident and you may be entitled to compensation for your personal injury, including medical bills, lost wages and pain and suffering.

A driver assumes the risk of driving in such conditions and is responsible for what may happen. As one cannot sue the black ice itself, (as comical a lawsuit as that may be) the driver who crashes due to the ice will be held accountable for the accident.

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