From the Farmers’ Almanac comes a serious warning to those living in Indiana and Illinois of “teeth-chattering cold ahead,” with our area forecast to have “biting cold, snowy” weather this winter.
In the next thirty (30) days, the Farmers’ Almanac predicts lots of dangerous winter weather for our part of the country. There’s to be a “wintry mix” over Christmas week, with the first two weeks of the New Year filled with snow flurries, “turbulent weather,” and a “large-scale storm” or two bringing even more snow, rain, and ice.
Winter Weather Auto Accidents in Illinois and Indiana
Each year, Illinois and Indiana drivers facing winter weather road conditions are at risk of serious injury or death in a motor vehicle accident. Our area is notorious for serious and deadly road conditions during the winter months.
Already, there are media reports of serious auto accidents involving rain, ice, and snow on the roadways, including:
- an elderly man who lost control of his Chevy Astro minivan on Interstate 70 near Marshall, Illinois, on an icy overpass with his van ending up in an off-road multiple roll rollover;
- in Indiana, along the same highway (Interstate 70), a trucker found his rig slipping off the icy roadway near the Indiana 17-Mile marker, causing a 4 mile long traffic jam;
- a few weeks back, local authorities attributed winter weather conditions as the cause of several rollovers and chain-reaction wrecks in Carmel and near Whiteland, including a 27 vehicle “pile-up” crash on 96th Street near Hazel Dell Road; and
- last week, local firefighters reported that “freezing drizzle” created icy road conditions that were so serious that some of our Central Indiana roads, including Raceway Road near Crawfordsville Road and 10th Street, were considered so icy they were “nearly impassable” making it difficult even for first responders to reach accident victims.
Who is Liable When Someone is Hurt or Killed in a Winter Weather Auto Accident?
In a serious or fatal crash on a snowy or slick road, winter weather conditions may be considered as unavoidable accident, caused by an “Act of God.” This may well be the stance taken by the insurance company whose policyholder is the driver deemed to have caused the fatal crash on an icy road or snowy interstate here in Illinois or Indiana. (Insurance policies are notorious for having “Act of God” coverage exclusions.)
However, under state laws of Indiana and Illinois the fact that road conditions are difficult or dangerous because of winter weather conditions does not excuse drivers of cars, pickups, minivans, SUVs, buses, or semi-trucks from being responsible while operating their motor vehicles on the roadway.
Reasonable and Prudent Driving in Winter Weather
In both Indiana and Illinois, state law requires that drivers operate their motor vehicles as any reasonable person would do under the same or similar circumstances. This means drivers must consider the winter weather risks they are facing, and alter their driving as any reasonable and prudent person would do in the situation.
- Slower Than the Speed Limit; Headlights; Increasing Distance
It may mean driving much, much slower than the stated speed limit. It may mean turning on headlights so their vehicle can be more easily seen (and so the driver has a better view and line of sight). Drivers may have to increase the distance between their vehicle and the car or truck ahead of them, allowing for more room to brake and stop in current road conditions.
- Alternative Routes to Avoid Overpasses or Bridges
Drivers may need to consider taking alternate routes. For instance, they may need to avoid overpasses or bridges in freezing weather conditions, and take the long way to work or school.
- Delaying Driving or Getting Off the Road
At times, drivers may need to delay driving at all until weather conditions improve. Those opting to drive in serious winter weather conditions may be making an unreasonable and rash decision. Staying home, or pulling off the road for a cup of coffee until the sun can melt some of the ice on a roadway may be the right call to make, and anyone who continues driving on the road (no matter how slow) may arguably be a negligent driver should there be a crash or accident.
Once there is evidence of a driver failing to act in a reasonable and prudent manner at the time of the winter weather road collision, then that driver may be found negligent and liable for personal injury damages to those who were hurt or killed in the crash.
Many Different Parties Can Be Liable for Deadly Winter Weather Road Accident
However, any severe or fatal winter weather accident needs to be investigated to determine if others are also legally liable for what has transpired. Evidence may reveal that more than one defendant is responsible under the law for what has happened.
For instance, an employer who insists that workers come to work despite news reports of severe ice and snow in the area may be found to be liable for any accident involving an employee driving to get to their job. For more on how employers can be held for employee accidents, read “Employer Liability for Distracted Driving Accidents in Indiana or Illinois.”
Other potential parties can also include: (1) those responsible for an inherently dangerous design in a road, curve, or intersection, where winter weather conditions create an unacceptably high risk of harm to any vehicle operating on the roadway; (2) those responsible for an inherently dangerous design in the vehicle or car part (such as a weak roof in a rollover accident); and (3) third parties who may have contributed to the incident by increasing or impacting the ice or snow on the roadway, including those who have a duty to place warning signs along the roadside or to plow the roads for a clearer lane or path of traffic.
For more, see:
- Rollover Accident This Morning on Interstate 70 Is Reminder of Real Dangers of Rollovers for Many Vehicles on the Road Today (SUVs, Minivans, etc.)
- Fault for A Winter Traffic Accident: Government Liability for Winter Weather Car Crash
- Winter Accidents with Semi-Trucks: Driving Dangers in Indiana and Illinois
During the upcoming winter season, it is important that everyone driving on the roads of Illinois and Indiana be aware and alert to the increased risk of a serious or deadly auto accident or car crash where snow and ice are present. Please let’s be careful out there!
