Falling on a patch of black ice can happen suddenly, but the physical and financial fallout can last for months. Whether you slipped outside a grocery store or on an untreated sidewalk, your focus should be on prioritizing your health. Protecting your rights as an injured individual comes second.
Call for help
After your fall, try calling for help out loud to attract the attention of passersby. If there is no one in the area, consider contacting 911 for an emergency dispatch. Avoid moving abruptly, especially if you are unsure whether you are injured. Standing up too fast on black ice can cause another fall, which could exacerbate your condition.
Seek immediate medical attention
Keep in mind that adrenaline can mask your pain. Seeing a doctor promptly creates a paper trail that links your injury directly to the fall. If you wait, insurance adjusters may argue that your condition is a coincidence or a pre-existing issue.
Gather evidence of the accident
If you can, take photos of the exact spot where you fell and the cause. Clear photos are the best way to counter a property owner’s claim that the area was safe. Additionally, ask for the names of witnesses who helped you during the accident. Their unbiased accounts can serve as evidence that keeps the focus on the property owner’s negligence.
Notify the property owner
Tell the owner about your accident, but keep it brief. Refrain from apologizing or admitting fault, as this can affect your injury claim.
File a personal injury claim
In Kentucky, you have one year from the accident to file a claim. Moreover, the state uses a pure comparative fault system, but property owners may claim that the hazard was open and obvious. This can reduce your recovery if a jury finds you should have seen the ice.
Instead of facing this matter alone, seeking legal counsel might be wise. An experienced attorney can review your case, offer advice and face insurance adjusters for you.