This week, our part of the country is experiencing serious winter storms with so many motor vehicle accidents and semi-truck crashes on our highways we are making national news coverage. Snow and ice combine to make this a particularly dangerous winter weather event. Read, “Winter storm: At least 4 dead as heavy snow and ice create dire travel conditions,” published by NBC News on January 6, 2025.
Semis “…scattered across a snow-coated Illinois highway…” after “…a crash involving dozens of vehicles” were reported on Interstate 70. Read, “Video shows semi-trucks scattered on snowy Illinois highway, blocking both directions,” written by Anthony Robledo and published by USA Today on January 6, 2025.
And in Indiana, there were reports yesterday afternoon from the Indiana State Police of over 200 crashes on Indianapolis interstates alone. Read, “More than 200 crashes, 100 slide-offs on Indianapolis interstates,” written by WTHR Staff and published by WTHR-13 on January 7, 2025.
The Federal Highway Administration (“FHWA”) warns us of the dangers of driving in conditions of snow and ice, explaining that:
- Snow and ice reduce pavement friction (the surface is slippery and hard for tires to grip);
- Snow and ice decrease the ability of drivers to maneuver vehicles of any size (easy to lose control);
- Snow and ice lessen roadway capacity and force drivers to operate at slower speeds;
- Heavy snow and sleet reduce visibility (drivers cannot see well or can be blinded); and
- Snow, sleet, and ice can obstruct traffic lanes and roadways (snow accumulates, ice builds).
FHWA data confirms the dangers of serious injury or death in snow and ice related wrecks:
Each year, over 1,300 people are killed and more than 116,800 people are injured in vehicle crashes on snowy, slushy or icy pavement annually.
Every year, nearly 900 people are killed and nearly 76,000 people are injured in vehicle crashes during snowfall or sleet.
The Great Danger of Driving on Icy Roads
Research also reveals that icing on roadways kills “…more than twice as many people every year than tornadoes, hurricanes, lightning and severe thunderstorms combined.” Read, “Road Icing Hazard: You are at risk from icy roads,” published by Icy Road Safety.
One of key reasons that icy conditions are so risky is that it does not matter how big the vehicle may be, or how many tires it has, there will simply not be enough traction on the road surface to prevent the SUV, car, minivan, tractor-trailer, or 18-wheeler from sliding or losing traction when hitting a serious patch of ice.
And no type of ice is more dangerous that the notorious “black ice” that we see here in Illinois and Indiana each year.
What is Black Ice?
Most ice is considered “white ice,” and can be spotted by drivers because it has things like air bubbles and a white hue that makes it visible on the roadway. Black ice, in contrast, is invisible. It is clear. The reason it is has been dubbed “black ice” is because anyone looking at this patch of ice will simply see the dark asphalt beneath it.
Melting snow helps to create black ice as it freezes on the roadway. Slush refreezes overnight also causing black ice the next morning. It’s a thin layer of ice that is more likely to be found on bridges or shady spots. And it is much more likely to be present on roadways after a significant snowfall like we are seeing this week.
For more, read, “What is Black Ice?” written by Kristen Hall-Geisler and published by How Stuff Works on October 3, 2023, and “’It happened so fast’: Black ice turns roads into invisible skating rinks.” written by Elizabeth Weise and published in USA Today on November 30, 2024.
Who May Be Liable for Injury Claims for Black Ice Accidents?
There are times when a serious winter motor vehicle accident or semi-truck crash on an icy road will not have any resulting legal liability for drivers caught in the icy conditions. This is true even though these black ice accidents are often very serious with drivers and passengers involved in multiple vehicle accidents or rollovers and suffering things like:
- Fractures
- Internal organ damage
- Nervous system damage
- Spinal cord injuries
- Blunt force trauma
- Traumatic brain injuries
- Death.
However, there are winter accidents where legal liability does exist for one or more parties whose acts, or failures to act, have caused harm. Under Illinois or Indiana law, the injured accident victim and their loved ones may have claims to pursue based upon situations like:
- Rear-end collisions where accident reconstruction experts confirm a driver did not lower their speed or keep a sufficient distance between vehicles to prevent a crash after hitting black ice.
- Landowners, tenants, or maintenance companies where reconstructionists discover a failure to heed weather forecasts and take steps to prevent ice from forming on the roadways with things like salt;
- Designers and other professionals who failed to design roadways, drives, etc., with necessary drainage, road structures, etc., to deal with snow, sleet, freezing rain, and icy conditions.
- Drivers who fail to operate their vehicles in a legal manner given the winter weather conditions, such as speeding; failing to have properly working brakes; not using low-beams, etc.
See: Winter Weather Accident Deaths: Duty of Care during Winter Weather Conditions; and Indiana Interstate 94 Crash of 40 Big Rig Semis and Cars Last Week: Severe Storm Conditions vs. Truck Driver Duties Under US Transportation Code 392.14.
Serious or deadly black ice accidents will result in several different investigations. There will be police reports with detailed information regarding things observed at the accident site. Law enforcement will focus upon possible legal violations (including criminal ones). Insurance adjusters for all companies with policies impacted by the accident will be investigating, too, with a goal of limiting or denying liability.
Those who have suffered harm in an accident involving icy road conditions, especially black ice, will have a legal right to investigate the event to determine if there are legal bases for injury claims based upon breaches of legal duties of safety. These injury claims may involve drivers or other third parties.
The key here is that all drivers have a legal duty to drive in a reasonable and prudent manner given the particular weather conditions. If someone chooses to drive during a winter storm, they may be financially responsible if they are found to have caused an accident.
Claims for Black Ice Accidents in Illinois or Indiana
After any serious or fatal motor vehicle accident or semi-truck crash in Chicagoland, Illinois, or Indiana, it is important for the victim and their loved ones to prioritize things. First things first. Medical care and immediate financial considerations for families must be addressed.
However, there is also the legal responsibility placed upon the victim to determine if there are personal injury or premises liability causes of action that apply to their particular situation.
Each case is unique and deserves individual respect. For instance, location is a factor. The liability for a black ice crash on an Illinois interstate will be different from a black ice accident on a private roadway in Indianapolis.
There are experts dedicated to accident analysis and determination of causation who can be invaluable in these matters. Accident reconstructionists will prepare formal reports and professional opinions on the reasons the accident happened, its causes, and those with responsibility for the events. Read, Accident Reconstruction Experts and Injury Claims.
Victims and their loved ones, within a statutory time frame, may pursue legal damages for a winter weather collision or semi-truck crash that caused catastrophic injuries or death. Sadly, they are tasked with pursuing these avenues for justice at the same time as they must deal with the life-altering accident and its aftermath.
For more on ice accidents on our roads, read:
- Fatal Truck Crashes in Icy Road Conditions: Truck Drivers’ Right to Refuse to Drive on Ice
- Winter Accidents with Semi-Trucks: Driving Dangers in Indiana and Illinois
- Ice on the Roads and Fatal Truck Accidents: The Dangers of Driving on Ice
- Winter Weather Fatal Truck Crashes on Indiana and Illinois Roads.
Winter weather conditions in Illinois and Indiana will result in very dangerous roadways where things like black ice, or invisible ice, can cause horrific accidents in an instant. Please be careful out there!
