Winter weather can create treacherous driving conditions in Illinois, with icy roads increasing the risk of accidents. Injured victims in these accidents may wonder whether sliding on ice is an at-fault accident and whether they can hold the negligent driver liable for damages.
To evaluate your personal injury claim and pursue compensation for your injuries from a car accident of this nature, consult with a skilled Illinois car accident lawyer as soon as possible.
Fault System in Illinois Auto Accidents
Illinois follows a fault-based system for car accidents, which means the at-fault driver is responsible for paying damages through their liability insurance or directly if necessary. Determining fault involves an analysis of whether a driver breached their duty of care to others on the road.
This principle applies to accidents caused by sliding on ice, where the central question becomes whether the driver acted negligently or could have prevented the accident.
Negligence in Ice-Related Accidents
Sliding on ice is not automatically considered an act of negligence. However, certain actions or failures may lead to liability, including:
Failure to Adjust Speed to Conditions
Illinois law mandates that drivers operate their vehicles at reasonable and appropriate speeds for current road and weather conditions. Even if a driver is traveling below the posted speed limit, they may still be negligent if their speed is unsafe for icy or snowy conditions.
For example, a driver traveling 40 mph on a road covered with black ice may be unable to stop in time to avoid a collision. Adjusting speed to account for reduced traction and visibility is a key expectation, and failure to do so can result in liability for accidents. Auto insurance companies and courts may view this as a preventable error, especially if other drivers on the same road managed to avoid collisions.
Failure to Maintain Vehicle Control
Drivers have a fundamental responsibility to maintain control of their vehicles. When a car slides on ice, it may be seen as evidence of a failure to uphold this duty, particularly if the driver could have taken precautions to avoid losing control. For instance, not equipping the vehicle with winter tires or chains or failing to perform necessary maintenance such as checking tire tread depth can contribute to the likelihood of sliding.
Moreover, sudden maneuvers like hard braking or sharp turning on icy roads often indicate a lack of preparation and anticipation of hazardous conditions. Courts and car insurance companies may consider these factors when assigning fault, emphasizing the expectation that drivers should anticipate and prepare for icy weather.
Failure to Remove Ice and Snow from the Vehicle
Illinois law explicitly prohibits driving with ice or snow obstructing a driver’s view. Beyond visibility concerns, drivers can also be held liable if snow or ice falling from their vehicle causes an accident. For example, large chunks of ice sliding off the roof of a car and striking another vehicle may lead to liability for any resulting damages.
Removing snow and ice from windows, mirrors, and the roof is not only a safety precaution but a legal obligation. Failure to comply with this requirement can serve as evidence of negligence in an ice-related accident. This law reinforces the expectation that drivers prepare their vehicles for safe operation in winter conditions.
Tailgating or Unsafe Following Distance
Icy roads significantly increase the distance required to stop a vehicle safely. Illinois drivers are required to maintain a safe following distance from the vehicle ahead, with the expectation that this distance will be increased during adverse conditions. A driver can be at fault for a rear-end collision if they fail to keep an adequate following distance.
Courts and collision coverage providers typically view this as negligence because drivers are expected to adapt their driving to accommodate the risks posed by icy roads. Claiming the ice made it impossible to stop is unlikely to hold up if it’s clear that the driver was following too closely for the conditions.
Comparative Negligence in Illinois
Illinois follows a modified comparative negligence rule, which allows accident victims to recover compensation as long as their fault does not exceed 50%. If you slide on ice and cause an accident, your liability may be reduced in proportion to your fault if other parties also acted negligently. For example:
A driver who was speeding or tailgating might share fault for the collision.
A municipality or property owner might be partially liable if the icy road resulted from poor maintenance or untreated conditions.
What If the Accident Was Unavoidable?
Not every auto accident caused by ice is preventable. In cases of truly unavoidable circumstances—such as black ice that was invisible and impossible to anticipate—a driver might not be found at fault. However, proving that an accident was unavoidable typically requires strong evidence, such as:
Witness testimony about road conditions
Weather reports confirming sudden or extreme ice formation
Expert testimony from accident reconstruction professionals
Preventing Ice-Related Accidents
While not all ice accidents can be prevented, taking the following precautions can reduce your risk:
Use winter tires or chains for better traction
Drive slower and allow extra stopping distance
Avoid sudden braking or turning on icy roads
Stay updated on weather forecasts and avoid driving during severe ice storms
Keep your vehicle properly maintained, including checking tire treads and brakes
How Your Illinois Car Accident Lawyer Will Prove Fault of the Other Driver
An experienced Illinois car accident lawyer will move fast to collect evidence that establishes the liability of the negligent driver in a sliding-on-ice accident that resulted in your injuries.
Accident Scene Photos and Videos
Visual documentation of the accident scene is crucial to understanding road conditions and the events leading up to the collision. Lawyers will collect or request:
Photos of skid marks or the absence of tire tracks, which can indicate reckless driving or lack of control
Images of icy patches, snow accumulation, or untreated roadways
Videos from nearby surveillance cameras, dashcams, or bystanders showing how the accident occurred
Police Reports
Police reports provide an official record of the accident and are often instrumental in proving fault. Your attorney will analyze the report to identify:
Statements from officers regarding road conditions or observed negligence (e.g., speeding, tailgating)
Any citations or tickets issued to the other driver for violations such as failure to adjust speed to conditions or unsafe driving practices
Witness Testimonies
Eyewitness accounts can strengthen your case by providing unbiased observations of the other driver’s behavior before and during the accident. Witnesses can testify about:
Whether the other driver was speeding, tailgating, or making sudden maneuvers
The general traffic and weather conditions at the time of the collision
Use of Winter Tires or Chains
Your attorney will investigate whether the at-fault driver took reasonable precautions for driving in icy conditions by using appropriate winter tires or chains. Evidence may include:
Photographs or physical inspection of the tires to determine whether they were specifically designed for winter driving (e.g., marked with the snowflake symbol)
Statements from the at-fault driver or witnesses about whether chains were installed or if standard all-season tires were being used instead of specialized equipment
Tire Tread and Brake Condition
The condition of the at-fault driver’s vehicle is another critical factor in proving negligence. Evidence of inadequate tire treads or faulty brakes includes:
Photographs or measurements of the tire treads to verify whether they meet Illinois’ legal minimum requirement of 2/32 of an inch. Bald or unevenly worn tires reduce traction on icy roads.
Inspection reports or repair records showing whether the brakes were functional and well-maintained. Faulty or poorly maintained brakes can indicate negligence in preparing the vehicle for winter driving.
Weather Reports and Road Condition Data
Detailed weather reports and road maintenance logs can establish the hazardous conditions present at the time of the accident. This evidence can be used to argue that the other driver failed to adjust their behavior appropriately. Your attorney may collect:
National Weather Service reports documenting ice, snow, or freezing rain
Local Department of Transportation records regarding road treatment efforts (e.g., salting or plowing)
Expert Testimonies
Accident reconstruction experts and other specialists can provide professional opinions about how the accident occurred and whether the other driver’s actions were reasonable. They can offer insights into:
The speed and braking patterns of the other vehicle
Whether the accident could have been avoided with proper precautions, such as slower driving or increased following distance
Get Strong Legal Representation from Our Experienced Illinois Car Accident Attorney
If you have been injured in an ice-related car accident in Illinois, don’t face the legal battle alone—turn to Illinois car accident lawyer Jack M. Shapiro at the Law Office of Jack M. Shapiro, P.C. With years of experience and a proven track record of recovering compensation for accident victims, we will fight to hold the negligent parties liable.
Whether negotiating aggressively with insurance companies or preparing your case for trial, our legal team will leave no stone unturned to recover maximum financial compensation for you. To schedule your free consultation, call us or contact us online.