Snow and Ice Accidents

Injury Attorneys Representing Victims in Boston and Surrounding Cities

The weather is a force beyond our control, but a careful response to potentially hazardous weather conditions is critical. Business owners need to take appropriate measures to keep their property in a reasonably safe condition for customers. Motorists need to drive in a manner that takes into consideration the challenges that come with winter weather conditions like snow and ice. Even governmental entities need to make decisions in a way that accounts for potentially dangerous weather events. If you or someone in your family has been injured because of a snow or ice accident that was caused by someone else, the experienced Boston personal injury lawyers at the Bellotti Law Group can help you in your efforts to seek fair compensation for your injuries.

Under the negligence laws of Massachusetts, an injured person may seek compensation for harm suffered due to someone else’s breach of a legal duty, such as the duty of a motorist to drive at a safe speed, given various factors such as hazardous weather. There are four elements in a lawsuit seeking compensation for injuries suffered because of a snow or ice accident. The defendant must have owed the plaintiff a legal duty, the evidence must show that the defendant breached this duty, the defendant’s careless conduct must have led to the plaintiff’s injuries, and the plaintiff must be able to provide documentation or testimony showing their damages.

How Snowy or Icy Conditions Can Affect a Personal Injury Case

Unfortunately, not everyone takes the weather into consideration in making decisions about property maintenance, the safe operation of an automobile, and other actions. Accidents often happen as a result. Rather than admitting to being careless or reckless, some defendants and their insurers will try to blame the weather or blame the plaintiff. Under Massachusetts law, a defendant is only liable in situations in which he or she is at least 50% to blame for an accident, and a defendant is only liable for damages equal to his or her percentage of fault. For example, if John and Jane are each found to be 50% at fault in a snow or ice accident, neither may recover any compensation from the other. If John is 51% at fault, however, Jane may recover 51% of her total damages from John. Thus, defendants are quick to blame the plaintiff for their own actions in snowy or icy weather.

Another obstacle in seeking fair compensation for injuries suffered in snow and ice accidents is the spoliation of evidence. While critical evidence can be lost in any case, the fact is that snow and ice disappear naturally. Without acting promptly, the plaintiff may be hard-pressed to prove the conditions that existed during his or her accident on the defendant’s property or at the time of a motor vehicle or bicycle accident. Thus, it is important that an accident victim contact a qualified injury lawyer as quickly as possible after a snow or ice accident. They also should try to document the scene with photographs, if possible. Having a friend or family member go back to the scene and take pictures can even be useful, if the plaintiff’s injuries prevent him or her from doing so. It is also important to keep records of all of the medical expenses and lost wages resulting from the accident. These can be sought as damages in an eventual claim.

Retain a Boston Attorney to Fight for Fair Compensation

At the Bellotti Law Group, our seasoned attorneys assist accident victims in cities such as Boston, Cambridge, Lowell, Malden, Medford, Somerville, Newton, Waltham, Concord, Revere, Braintree, Quincy, and Weymouth. We know what it takes to fight for the compensation that you deserve following a snow or ice accident. For a free consultation, call us at 617-225-2100 or contact us online. We do not get paid for our work on a personal injury case, such as a car accident or premises liability claim, unless we are able to recover compensation for a client.

Client Reviews
Could not have been happier with Attorney Peter Bellotti and everyone at Bellotti Law Group. I had a very difficult case, but Peter was relentless. He saved me and my family, big time, when the situation looked very bad. I was recommended to Peter and was told he was the best attorney in Boston and now I see why, 100%. Thank you Peter! John F.
I was referred to Attorney Bellotti by a friend who works at Harvard University. I was really nervous at the beginning of my case but Peter kept me calm and was very reassuring and even gave me his cell phone number to text or call him if I really needed to get in touch with him asap… My case went extremely well and my family and I could not have been more please. I highly recommend Attorney Peter Bellotti. Beth A.
Attorney Bellotti assisted me in a Magistrate matter in Palmer District Court. He was very professional, knowledgeable, had excellent communication skills, well prepared, and new how to handle the situation. I would highly recommend Attorney Bellotti for any litigation matters and he gets the job done. Arlon B.
When looking for an attorney I didn't think have to think twice about who to call to protect my future. Peter Bellotti's amazing reputation made it an easy decision for who to call. He went above and beyond in my case, returning phone calls promptly, answering all my questions to ease my mind, and being a very understanding caring person. Patrick
I was on a case with Peter that spanned over a year and a half. Peter was very accommodating and set early expectations which helped get through this time period. Peter's professionalism helped keep me calm during this full time period. It was a pleasure getting to know Peter and if I ever need another lawyer in and around Boston Peter would be my go to choice hands down. Kyle