Asheville and Western North Carolina drivers aren’t surprised when they see snow and ice on local roads. It can make for a pretty mountain scene, but it can also make a mess of traffic. Cars can slide into other vehicles, and people can get hurt.
Some may think that Mother Nature is to blame, and they wouldn’t be responsible for any collisions that result. But that’s not usually true. North Carolina law maintains that it’s the driver’s reaction to bad weather and not slick roads that causes winter accidents.
Accident Hazards on Slick and Wet Roads in Asheville
A glaze of ice on a local road can provide a challenge to visitors and newer residents to the mountains. Even those who have lived here a long time can find it difficult to keep vehicles within the lines on a snowy day.
It would be nice if everyone stayed home until road conditions improved, but that’s not usually the case. People will try to navigate steep routes like Town Mountain Road or get out on an Interstate like I-40 and go the speed they’ve always gone. These are careless and sometimes reckless decisions that can lead to harm for people in multiple SUVs and Trucks.
The NC DOT Traffic Crash Facts Report found that in 2023, there were nearly 11,000 accidents across the state blamed on drivers who “exceeded safe speed for conditions.” Those accidents led to a tragic 73 fatalities.
After these usually preventable accidents, victims have a right to know who will pay for a crumpled bumper or a totaled SUV. If they are hurt, victims will also want to know how to get help paying their recovery bills. In these circumstances, it all depends on who should have adjusted the speed but didn’t.
Who Is To Blame for a Collision on Icy Asheville Roads?
On cold or rainy days, the blame in accidents isn’t usually chalked up to the weather. A driver who went too fast is usually assigned blame, and it doesn’t matter if the at-fault driver was breaking the posted speed limit or not.
On a snowy day or during a heavy downpour, the speed limit changes. It’s often not the 55 or 65 posted on the sign by the highway. When the weather starts to affect the road surface, drivers are expected to go a reasonable speed that’s safe for conditions. This responsibility is laid out in North Carolina’s General Statutes (G.S.).
(a) No person shall drive a vehicle on a highway or in a public vehicular area at a speed greater than is reasonable and prudent under the conditions then existing.
On accident scenes, it’s usually up to an investigating Asheville Police Department (APD) officer to figure out who should have slowed down to avoid the collision. They will generally cite the driver who rammed into another vehicle. Under the statute, the driver would have been required to slow down enough to be able to prevent an impact, no matter how snowy the road got. A speed that is reasonable under the conditions present at the time.
So, in effect, the speed limit becomes whatever speed allows cars to travel on slick local roads without colliding. A driver going fast enough to skid or hydroplane would usually be found at fault. Drivers who lost control and ran into the vehicles ahead of them or beside them would usually have to accept financial responsibility for everyone’s damages.
Do I Need a Lawyer After an Icy Roads Accident in Buncombe County?
Unfortunately, even when the fault in an accident is clear to you and an investigating NC Highway Patrol officer, an insurance company can try to confuse things so they can slip out of taking the responsibility.
Insurance adjusters working for the at-fault driver don’t have to accept the determination on an accident report. They can challenge every fact.
Victims who get blamed for weather-related accidents they didn’t cause can benefit from having a skilled attorney handle their cases. A skilled Asheville Car Accident Attorney can investigate what happened and collect witness testimony to show what really occurred. Melrose Law also works with accident reconstruction teams who can apply scientific methods to prove you were innocent.
A lawyer is also a key safeguard if you come away from an accident with serious or catastrophic injuries. When a recovery will take longer and medical bills will be expensive, insurers try harder to find ways to reject your claim. If they outright toss out your claim, they will attempt to limit how much you receive, often leaving you and your family to pay for part of the recovery.
This is unacceptable, but many victims who aren’t informed fall into this trap and end up with less than they need to fully rebound from a crash. When an accident involves a serious injury, like a broken bone or a Traumatic Brain Injury (TBI), a lawyer can often secure much more for you in a settlement than you would likely be able to win for yourself.
Contact an Asheville Car Accident Attorney
After a scary day on Asheville highways, don’t trust your injury recovery to an unfair car insurance company. Talk over your case with a skilled Melrose Law attorney to find out about the benefits an insurance adjuster probably won’t mention.
Let’s determine what your injuries should be worth, despite what an insurer says. Then, allow us to work on your behalf to win the most possible for you, while you focus on healing.
Our lawyers offer free consultations to all accident victims in Asheville, Waynesville, and across Western North Carolina. This informational session is confidential and comes without any obligation. Contact us to speak with a real, local lawyer today.
