Legal Question in Traffic Law in Nebraska

automobile slides on snow and hits brick mailbox

An auto mobile moving well within the speed limit, even

for the conditions, slides on snowpacked street and

hits a brick mailbox. The mail box is knocked over and

damage is caused to both mail box and automobile.

Who is liable for damages to moth mailbox and auto?


Asked on 12/12/03, 8:26 am

1 Answer from Attorneys

William Jones William P. Jones, Attorney-at-Law

Re: automobile slides on snow and hits brick mailbox

Generally, the driver would be liable for all damages from the facts you described. Even if the driver was traveling well under the speed limit, the driver has the duty to operate the auto under control at all times. Since you describe the road as "snowpacked" the driver was on notice of the slippery conditions and must adjust the speed and operation of the auto so that it remains in control. They were traveling too fast for conditions or were not operating the vehicle properly to control or prevent the slide. If there were some other factor not reasonably knowable to the driver, they might not be liable. The actions of other autos in the area would be a possible consideration. There must be a substantial contributing factor to the accident and must be something the driver could not reasonably anticipate and guard against for liablity not to occur in the conditions you describe. Emergency evasive action to prevent a collision with a driver violating The collapse of a section of pavement because it had been undermined by a water main leak, for example.

You should consult with an attorney to determine whether other legal issues or facts come into play in your specific case, as the above is a general description of Nebraska law.

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Answered on 12/15/03, 2:48 pm


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