Home -> Law Blog Directory -> Personal Injury Law Blogs -> Des Moines Personal Injury Lawyer

Personal Injury Law

: Des Moines Personal Injury Lawyer

NEGLIGENCE: Snow and ice can't cause a car accident, only drivers can.

By Steve Lombardi

The headline reads: Ice and snow blamed for fatal accident.

Published February 15, 2009 11:34 pm

This is one of those little things that will drive a lawyer to distraction. The precision of the English language being what it is and isn't when there is a logical inconsistency I tend to perseverate about better word choices. This is one of those cases. So on the Lombardi Law Firm blog I wrote:

Many know how headlines like this drive me crazy because of how misleading they can be. Snow and ice don't cause accidents; drivers do. Drivers who fail to slow down and drive according to the conditions and how that affects maintaining control of their car, truck or motorcycle.

So when a crash occurs like the one reported from Albia, Iowa where a 19-year-old Zach Murray is killed by the car he was a passenger in, sliding sideways, crossing the center line and crashing into the oncoming Melissa Thompson from Ft. Leavenworth, Kansas; it isn't the snow and ice that get blamed but the driver who was probably driving too fast for the conditions.  In this case more than likely Thompson and the Estate of Zachary Murray will have claims against the driver, Palen. Hopefully she has insurance to cover their damages.

The Verdict

I've written here on the InjuryBoard previously about weather conditions can't be the cause of accidents and I remain steadfast in my belief that the driver is to blame.

See, Mother Nature sues news sources, for once again libeling Old Man Winter!

And, What is negligence? As a juror how do I analyze facts when negligence is the issue?

And then, Driver Safety: Does snow and ice on the road excuse the driver's negligence?

We remain vigilant on this war of words that instill or attempt to adopt new concepts of fault that relieve those who are responsible from being held responsible. If we want our children to be responsible then we must also hold to firm lines of responsibility.

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on April 16, 2009 (boomark / email).