Who’s at Fault in a Winter Weather Car Accident?

Driving in wintry weather is inherently dangerous and can significantly increase the likelihood of a serious auto accident. Nevertheless, driving during winter weather does not mean serious collisions are inevitable. In fact, even during difficult weather conditions, there may be evidence that another motorist was operating their vehicle negligently and that their careless or reckless actions caused the car wreck.

Motorist’s duty of care

Motorists in and around Alton, Illinois, have a duty of care to ensure that they are safely operating their vehicles in a responsible and reasonably safe manner. Regardless of the weather, this legal duty is never waived or suspended. In the context of a winter-weather car accident, the governing standard is “What would a reasonable person do or how would they act in a similar situation?” Basically, if another motorist in the same or similar circumstances could have taken reasonable steps to avoid getting into an accident, then there may be grounds to hold the motorist who caused the collision liable.

In addition, pursuant to 625 ILCS 5/11-601, it is the responsibility of all Illinois motorists to adjust their speed and behavior behind the wheel in response to the road conditions–including the weather. This state statute contains the following language:

No vehicle may be driven upon any highway of this State at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway or endangers the safety of any person or property. The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.”

According to this law, if a driver caused an accident with you, the fact that they were traveling ten miles per hour (mph) below the speed limit might still be considered negligent. Going 35 mph might be too fast if the pavement is covered in ice and snow, even if the speed limit on that stretch of road is 45 mph.

Under 625 ILCS 5/11-710, it’s also illegal to follow other vehicles too closely. Like the above statute, the law takes into account conditions like traffic levels and the speed vehicles are traveling, and the highway conditions. Winter weather, including ice, sleet, or snow, will be a factor in any analysis of a driver’s potential negligence.

Factors in assessing fault

Below are common factors that are likely to be considered when assessing fault and liability in a winter weather car accident:

• Specific weather conditions: Auto insurance companies typically take into consideration the prevailing weather conditions at the time of the collision. Factors like heavy rain, snow, ice, fog, or strong winds can impact road conditions and visibility, thereby making car crashes more likely.
• Road conditions: The state of the road surface can play a role in accident investigations and determining potential liability. Potholes, icy patches, standing water, or poor road maintenance can contribute to accidents during inclement weather.
• Traffic signals and signs: Did the motorist who hit you follow traffic rules despite the adverse weather conditions? Or did they disregard traffic signals and signs? If they ignored, for example, a red light or a stop sign, then that careless behavior could be grounds to hold the motorist liable for the accident.
• Behavior of the motorist who hit you: The actions of the motorist, or motorists, involved in the collision will play a role in determining fault. Did, for example, the other motorist exercise caution, reduce speed, and maintain a safe following distance considering the inclement weather conditions? Or were they speeding, weaving in and out of lanes, or driving recklessly? If so, that behavior could be grounds to hold the motorist liable for causing the crash.
• Eyewitness accounts: Statements from eyewitnesses who saw the accident can provide valuable evidence concerning the sequence of events and the behavior of the motorists involved.
• Police reports: Officers will take official police reports to document details about a car accident. These will typically describe the circumstances of the collision, including weather conditions, road status, and any potential traffic violations committed by the motorists.

What if multiple vehicles were involved in the winter weather car accident?

Black ice and other winter weather hazards can cause serious multi-vehicle accidents. In these situations, assessing fault is often more challenging. Multiple drivers may share responsibility for the crash. You might even believe you are partly to blame, but that might not prevent you from recovering from a driver who bears more of the fault. Never admit to anything or apologize. Instead, speak to a personal injury attorney in Alton, Illinois to learn your rights.

Financial restitution for injuries suffered in a winter weather car accident

If you or a loved one was seriously injured in a winter weather car accident caused by the careless or reckless actions of another motorist, then you may have grounds to pursue financial restitution for your harm and losses. Forms of financial restitution that may be pursued include:

• Medical expenses
• Lost income/benefits
• Diminished earning power
• Emotional distress
• Pain and suffering
• Loss of consortium

Injured in a winter-weather car accident? Speak to an experienced personal injury lawyer in Alton, Illinois, today

If you or a loved one was seriously injured in a winter weather car accident that may have been caused by another motorist, then now is the time to take action and consider your legal options. Do not throw your hands up in despair and blame the accident on the winter weather. There may be evidence to indicate the other motorist was operating their vehicle recklessly or carelessly.

The team at Glisson Law is ready and able to help. For more than two decades, our personal injury lawyers in Alton have proudly served the greater Southern Illinois community. When you and your loved ones are facing challenges related to a serious car accident, we’re prepared to rise to it. Contact us today to schedule a no-cost, confidential consultation.