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January 11, 2018

Winter Risks Bring Uncertainty for Drivers and Pedestrians in Wichita

Bretz Injury Law
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Uncertainty abounds when it comes to the winter weather forecast in Kansas. The Wichita Eagle reports prognosticators can’t agree on whether we should expect a mild winter or above-average snowfall. Ice and snow also bring plenty of uncertainty when it comes to the risk of winter accidents in Wichita. Just recently, KAKE News reported that icy conditions on Interstate 70 caused a fatal Kansas crash when a pickup truck, occupied by a woman, her two daughters and a friend, slid off an icy bridge. All four tragically died.

Likewise, pedestrians who have to negotiate icy, snow-covered parking lots and sidewalks are left to question who is responsible for injury in the event of a fall. In most situations, the property owners are responsible for keeping walkways clear and safe during the winter months.

Power outages are also common in the winter, and they can impact red lights, street lights and other traffic-control and safety devices. Damage to structures, trees and other vegetation can cause road hazards, including downed power lines. Ice and snow can even accumulate on roofs – particularly large box stores – with enough weight to result in cave-ins.

Black ice can increase the risk of injury for motorists and pedestrians navigating sidewalks, parking lots, roadways and bridges.

Dangerous winter storms have grown more common in recent years

The National Weather Service reports all but one of the five worst ice storms in Kansas history have occurred in the last 20 years, including the December 2007 storm that impacted virtually the entire state. In 2005, an ice storm resulted in disaster declarations in 56 counties.

Kansas law does little to protect pedestrians or motorists from harm caused specifically by failure to remove snow or ice. However, that does not mean responsible parties cannot be held accountable by other laws when recklessness is involved or a duty of care can be identified.

The Kansas Department of Transportation is responsible for clearing and salting the state’s 10,000 miles of road. But motorists must also do their part to reduce the risk of winter-related accidents, and must use special care in parking lots, at intersections and in other high-risk locations.

The Kansas Highway Patrol provides the following safe-driving tips:

Determining cause of an injury caused by an accident and identifying at-fault parties requires an experienced Wichita auto accident law firm. Motorists and others with a duty of care may be held responsible for resulting injuries. However, documenting conditions and seeking timely qualified legal advice are essential in such cases as the evidence may literally melt away.

Feel free to reach out and speak with our experienced team of professionals who are here to provide you with expert guidance.
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