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My car slid on black ice and struck a car parked on the street. The car had been hit by two other cars earlier in the evening.

Denver, CO |

Wasn't the owner negligent in leaving the car there? He knew it was parked on black ice and he knew that it had been hit by two other cars. Didn't he have a duty to move the car? The accidents took place over a three hour period. The police finally closed the street after my car was struck by another car,while we were doing the accident report.

Attorney Answers 3


  1. As a driver you are expected to operate your vehicle with due speed for the conditions. However, black ice can be tricky and it is sometimes hard to detect before you are on the icy surface.

    You should report this incident to your insurance carrier and let them handle the matter for you. Advise them that this car was struck by 2 other vehicles before it was struck by yours.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.


  2. There is a recent Colorado Court of Appeals decision, Kendrick v. Pippin decided August 6, 2009, that may be very helpful to your defense. The court ruled that "black ice" may be a sudden emergency which relieves a driver of liability for a car crash. You should discuss this matter with your insurance company and the lawyer it provides for your representation.

    The information provided to you in this answer is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation if you have further questions.


  3. It is going to be hard to prove the driver of the parked car was negligent. If you can, you may avoid liability. Your ins. co should have even you a lawyer if you are being sued. talk with him, or your carrier rep.

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