Who is at fault?

[calafw]

What is the name of your state? PA

I was in an accident 12/13/02. I drive 40 miles to work. I was 5 miles away from work. There was no precipitation, roads were all clear up to that point. I was going 35 mph in a 40 mph zone on a two lane country road. Went around a slight curve, hit black ice. Swerved left, right, left, right, then left into oncoming traffic. Got clipped by truck as it swerved around me. Then was hit head on by a car which had been driving behind the truck in the opposing lane. Her car had slight damage, she had no injuries. My car was totalled, I sustained semi-serious injuries. Police report said the accident could not have been avoided, "the road was a sheet of ice when (he) arrived", officer called PENNDOT to immediately salt the road. Everyone has insurance. I have missed 2 months of work and still owe a balance on my totalled car. Got a letter from her insurance that I am responsible for the costs to fix her car, they have determined that accident was my fault. Am I at fault? Is she at fault (I think she had enough time to see me and re-act)? Is the town at fault (very icy road, there had been no inclement weather for two days prior)? Every one is telling me to get a lawyer. Please help.

 

[Juan Rodriguez]

Even if you were going under the posted speed it is still possible to be driving too fast for the condition of the road. Which is what I suspect the other party's insurance company is claiming.

Unless you were at a complete stop it appears that you hit her car since you were the one going against traffic.

If you have liability insurance your carrier will hire an attorney to defend you if you are sued. Just make sure you submit any suit papers to your carrier as soon as they arrive.