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Unlike snow or slush, black ice blends into the pavement. Drivers traveling through White Plains, Yonkers, Manhattan, Queens, or the Bronx may have no warning before losing control. Even cautious drivers can skid, spin out, or collide with other vehicles when temperatures drop overnight or refreezing occurs after daytime melting.
Black ice accidents frequently lead to:
- Multi-vehicle pileups
- Rear-end collisions
- Spin-outs into guardrails or opposing lanes
- Pedestrians and cyclists struck at intersections
Determining Fault in a Black Ice Crash
New York follows a comparative negligence system. That means more than one party may share responsibility. Fault depends on the facts of the crash, including speed, road conditions, and maintenance responsibilities.
1. Driver Negligence
Drivers can still be found at fault if they:
- Were driving too fast for winter conditions
- Followed too closely
- Ignored weather warnings or icy road advisories
Even on black ice, drivers are expected to adjust speed and remain alert—especially during early morning and late-night hours common to NYC and Westchester commuters.
2. Government or Property Owner Liability
In some cases, the entity responsible for maintaining the roadway may be liable, including:
- State or municipal agencies
- Counties or cities
- Private property owners (parking lots, apartment complexes, commercial properties)
If black ice formed due to poor drainage, delayed salting, or failure to treat known icy areas, liability may extend beyond the driver.
3. Commercial Vehicle and Employer Responsibility
Trucking companies, delivery services, and employers may also share fault if:
- Drivers were improperly trained for winter conditions
- Vehicles were poorly maintained
- Delivery schedules encouraged unsafe driving
Why These Cases Are Challenging
Black ice claims are aggressively defended. Insurance companies often argue:
- The ice was “sudden and unavoidable”
- The driver should have anticipated conditions
- The municipality lacked notice of the hazard
Winning these cases requires deep trial experience, accident reconstruction, weather data analysis, and aggressive litigation skills.
Put 35+ Years of Trial Experience on Your Side
Norman Gershon is known throughout New York as the attorney other lawyers call to try their toughest cases. With 35+ years of courtroom experience, he has recovered tens of millions of dollars for injury victims across Westchester County and NYC.
Notable Motor Vehicle Case Results Include:
- $16.5 million verdict – automobile passenger injured in collision with a bus (Bronx Supreme Court)
- $5.4 million verdict – motor vehicle accident with cervical and lumbar fusions (Kings Supreme Court)
- $5.0 million verdict – motor vehicle accident with severe spinal injuries (Queens Supreme Court)
- $2.5 million verdict – intersection crash in Westchester County (Westchester Supreme Court)
What Clients Say
“Norman is the class of the field. Smart, experienced, compassionate, tough.” — Michael Benowich
“He got me a bigger settlement than I expected.” — Nancy Joyce
“A beast in the courtroom.” — R. Dessasore
Clients across White Plains, Yonkers, Queens, the Bronx, and Manhattan consistently praise Norman’s preparation, trial instincts, and commitment to winning.
Injured in a Black Ice Accident?
If you were hurt in a winter crash caused by black ice, you may still have a strong case—even if insurance companies claim otherwise. These cases demand a car accident lawyer with proven trial results, not a settlement mill.
The Law Offices of Norman Gershon fights relentlessly to hold negligent drivers, property owners, and municipalities accountable—so injured New Yorkers can recover the compensation they deserve.
Serving Westchester County, White Plains, Yonkers, Manhattan, Queens, and the Bronx.
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