In this guide, we will explain who could be liable for a black ice car accident and when you could make a claim. If temperatures drop below freezing whilst the ground is wet, it is possible that black ice could form on the roads. Black ice is very difficult to see as it is thin and highly transparent. Therefore, it can be very dangerous for drivers.
Car accidents can result in injuries ranging from minor to some of the most severe and life-changing. If a third party has breached their duty of care which caused your injuries, you could be eligible to receive compensation.
As we move through this article, we will discuss the evidence you could gather to support your claim as well as the benefits of working with a No Win No Fee solicitor.
For more information, you can contact one of our advisors. They can assess the validity of your claim and provide expert legal advice that is both free and confidential. Don’t hesitate to get in touch at any time, as our team is available 24/7.
You can:
- Call us on 020 8050 2736
- Contact us by filling out our online form
- Write to us using the live chat feature on this page
Black ice car accident claims guide
Choose A Section
- Can I Claim For A Black Ice Car Accident? – A Guide
- Black Ice Car Accident – When Am I Eligible To Claim?
- What Compensation Could I Receive For A Black Ice Car Accident?
- Potential Evidence When Claiming For Car Accident Injuries
- How Do I Make A No Win No Fee Road Accident Claim?
- Learn More About Making A Road Accident Claim
Can I Claim For A Black Ice Car Accident? – A Guide
There are several factors to consider when looking at whether you’re eligible to claim for a car accident. Firstly, you should consider who owed you a duty of care when the black ice car accident occurred. Under Section 41(1A) of The Highways Act 1980, a highway authority have a duty of care to ensure as far as reasonably practicable that snow or ice does not compromise safe passage along a highway. A local government association article on winter weather explains that highway authorities are responsible for 9 out of every 10 miles of road, and in England and Wales, they grit 41 per cent of their roads on average.
Furthermore, you are owed a duty of care under the Occupiers’ Liability Act 1957 by the body responsible for a public place. They must ensure the safety of its visitors. This can include local authorities who have a responsibility to maintain certain roads. It could also include those in control of a supermarket car park. For example, if a weather warning shows that low temperatures could create a risk of ice, they may be expected to put appropriate safety measures in place to prevent their visitors from coming to harm.
Finally, you are also owed a duty of care by other road users under the Road Traffic Act 1988. Alongside this, The Highway Code provides rules for the safe use of the roads, some of which are backed by laws. Therefore, you could be eligible to claim for a road traffic accident in instances where another road user is involved. For example, where another driver injured you while speeding, which caused them to slide on black ice and crash into you.
Please contact our advisors to learn more about claiming for a car accident caused by black ice.
Black Ice Car Accident – When Am I Eligible To Claim?
There is a certain eligibility criteria that all personal injury claims must meet. This is as follows:
- A third party owes you a duty of care.
- They then breach this duty of care.
- As a result, you sustain injuries.
This outlines the principles of negligence.
Furthermore, you must be within the relevant time limits to make a personal injury claim. These are outlined by the Limitation Act 1980. Generally, you must begin a claim within three years from the day you were injured or three years from the time you learned of the connection to negligence.
There are exceptions to these time limits, for example, if the person lacks the mental capacity to make a claim or they were under 18 at the time of the injury. Please speak to a member of our team to learn more about time limit exceptions and how they could apply to your black ice car accident claim.
What Compensation Could I Receive For A Black Ice Car Accident?
For a successful black ice car accident claim, the compensation awarded could be comprised of up to two potential heads of claim:
- General damages – This head compensates for the pain and suffering you have experienced due to any physical injuries and any psychological harm incurred by the accident.
- Special damages – This head covers the financial losses caused by your injuries.
Below we have used the Judicial College Guidelines (JCG), updated in April 2022, to provide compensation brackets that may be used as a guide to general damages. Car accident claim solicitors can use the JCG to value this head in personal injury claims.
| Injury | Compensation Bracket (Guideline) | Notes on the Injury |
|---|---|---|
| Paraplegia (b) | £219,070 to £284,260 | Multiple considerations will affect the level of the award within this bracket, such as the age of the person, their life expectancy and the extent of any pain present. |
| Moderate Brain Damage (c)(i) | £150,110 to £219,070 | The injury will have an effect on the person's sight, speech and senses. They will suffer from a moderate to severe intellectual deficit and a personality change, with no prospect of employment. |
| Amputation of Arms (b)(i) | Not less than £137,160 | One arm will have been amputated at the shoulder. |
| Severe Neck Injuries (a)(ii) | £65,740 to £130,930 | Within this bracket, injuries will generally involve damage or serious fractures to discs in the cervical spine, which lead to considerably severe disabilities. |
| Injuries Affecting Sight (c)(ii) | £63,950 to £105,990 | There will be a complete loss of sight in one eye and reduced vision in the other. There may also be additional problems, such as double vision. |
| Chest Injuries (b) | £65,740 to £100,670 | A traumatic injury to the lung(s), chest and/or heart leading to physical disability, permanent damage, impairment of function and a reduced life expectancy. |
| Chest Injuries (d) | £12,590 to £17,960 | Injuries within this bracket will not have a significant long-term impact on lung function but will cause some permanent damage to tissue. It will be a relatively simple injury, for example, a single penetrating wound. |
| Wrist Injuries (a) | £47,620 to £59,860 | Injuries that lead to a total loss of function in the wrist, such as cases where an arthrodesis has been performed. |
| Deafness/Tinnitus (d)(i) | £29,710 to £45,540 | Severe noise induced hearing loss and tinnitus. |
| Moderate Back Injuries (b)(i) | £27,760 to £38,780 | This bracket covers a variety of injuries, such as damage to an intervertebral disc with reduced mobility and nerve root irritation. |
The figures in this table are a guide. The unique details of each car accident claim determine the amount awarded.
Special Damages In A Road Accident Claim
As part of a road accident payout, you could also receive an award under special damages. For example, if your injuries have prevented you from working, you could have suffered financially due to the loss of income. For this monetary loss, you could be eligible to claim reimbursement. Other potential losses that you could suffer due to your injuries include:
- Travel expenses
- Care costs
- Medical costs
- Housing adaptations
Please remember that you must keep evidence of any financial losses as proof, for example, payslips, travel tickets and bank records.
If you have suffered whiplash or soft tissue injuries in a road traffic accident for which another road user was liable, you may be required to claim via the government’s Official Injury Claims portal, where a potential settlement for your injuries will be determined by the tariff outlined in The Whiplash Injury Regulations 2021. Please contact our advisors for more information.
Potential Evidence When Claiming For Car Accident Injuries
To strengthen your black ice car accident claim, you should gather sufficient evidence proving that negligence was the cause of your injuries. Evidence you could obtain to support your claim could include the following:
- CCTV or dashcam footage
- Photographic evidence
- Medical evidence
- Witness contact details
Additionally, we recommend that you seek legal advice as soon as possible. Our advisors can offer insight into the potential evidence needed for a personal injury claim.
How Do I Make A No Win No Fee Road Accident Claim?
It is not a requirement to use the services of a legal professional when making a personal injury claim. However, it can prove extremely beneficial as they can help you to navigate the claims process. What’s more, using a No Win No Fee solicitor under a Conditional Fee Agreement (CFA) means the following:
- Firstly, you commonly will not make any upfront or ongoing payments for the services of a solicitor working under a CFA.
- Secondly, you generally won’t pay for these services should your claim be unsuccessful.
- Finally, a solicitor will typically take a small percentage of the compensation, which is capped by law, should your claim be successful.
Contact Us For Free To See If You Can Make A Personal Injury Claim
Please contact us for an assessment of your case. Our advisors can offer insight into whether you could have valid grounds for a black ice car accident claim and may place you in contact with one of the No Win No Fee solicitors from our panel.
To get in touch:
- Call us on 020 8050 2736
- Contact us by filling out our online form
- Write to us using the live chat feature on this page
Learn More About Making A Road Accident Claim
Explore more of the guides on our website to discover more about road accident claims:
- Claiming For An Accident On A Roundabout
- What To Do When Making A Fatal Car Accident Claim
- Compensation Claims Against The Council For Personal Injury
- For advice on claiming for injuries if you slipped on ice while on foot in public, you can read our separate guide on this matter
Also, take a look at some external sources for further guidance and support:
- GOV – Road accidents and safety statistics
- GOV – Statutory Sick Pay (SSP)
- NHS – Urgent and emergency care services
Thank you for reading this guide to black ice car accident claims. If you have any other questions, please get in touch on the number above.
Writer Jess Oliphant
Editor Meg McDonald