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Winter Weather Accident Deaths:  Duty of Care during Winter Weather Conditions

Winter weather fatalities may be the result of preventable accidents caused by another’s negligence.

Officially, winter does not begin until December 21st but winter weather is already here for those of us living and working in Illinois, Indiana, and the surrounding area.  Serious winter weather conditions are upon us, with the accompanying dangers of serious or fatal injuries that come with the cold. 

Record-Breaking Winter Weather

Last week, record-breaking snow caused over 1000 flights to be cancelled in Chicago.  There was national news coverage of one American Airlines pilot losing a fight with an icy runway while trying to land a passenger plane coming to Chicago from North Carolina, resulting in the huge plane sliding out of control; watch one passenger’s video as part of the local news coverage by WGN and reporter Erik Runge on November 11, 2019, in “Dramatic video shows plane slide off runway at Chicago’s O’Hare Airport due to icy conditions.

The Indianapolis Star predicts a long and very cold winter for the State of Indiana as well as Illinois.  Looking to the Farmer’s Almanac, it reports that our part of the country will see a seriously cold and risky winter, with a “roller coaster” of weather conditions, which the Farmers’ Almanac dubs a “polar coaster.

Illinois and Indiana Agencies Encourage Immediate Winter Preparations

Government authorities understand the dangers to public safety that winter conditions will bring.  State agencies are pushing for immediate winter preparations to be undertaken both by businesses and the general public.

From Illinois Emergency Management Agency Director Alicia Tate-Nadeau:

“In Illinois, it’s not a question of if, but rather when will snow, ice and sub-zero temperatures occur. Being unprepared for winter weather is not only inconvenient, but it can be dangerous. That’s why we are encouraging all Illinoisans to take a few minutes to put together your home and vehicle emergency supply kits and review the steps you should take to stay safe during hazardous winter weather.” 

 On November 7, 2019, the Indiana Department of Homeland Security (IDHS) issued its press release with “Hoosiers are encouraged to prepare for frigid temperatures during Winter Weather Preparedness Week, November 10-16.”

Of note, the Indiana DHS reminds everyone about the three tiers of weather news, and the need to be alert for changing weather conditions:

  • Winter Watch: Winter weather is possible.
  • Winter Advisory: Winter weather will begin soon, but conditions are less serious than a warning.
  • Winter Warning: Severe winter weather will begin soon.

Dangers of Fatal Winter Accidents on the Road and on the Job

Accordingly, government agencies along with safety advocates are encouraging everyone to get ready now, and fast, for a serious 2019-2020 winter season.  The State of Illinois, for instance, has a free online “winter weather preparedness guide” at its Ready Illinois website.  Similar tips for getting prepared for winter storm conditions are also provided to Hoosiers at the IDHS Get Prepared site.

Travel Dangers during Severe Winter Weather

Any kind of transportation (plane, train, bus, truck, or car) faces an increased risk of accident when operating during severe winter weather.  Snow and ice are dangerous to any form of transport in our part of the nation.

However, for many of us there will be no alternative but to face the risk of a serious or fatal injury while traveling during severe winter weather.  We will have to travel for personal or business reasons.  In doing so, we may face extended duties of care in the operation of our motor vehicle. 

Indiana officials suggest several things to limit these travel dangers, including the following cautions for anyone driving on our roadways:

  • Drivers on our roads must be extra vigilant to obey all traffic signs and warnings;
  • Drivers need to slow down to allow for winter road conditions;
  • Drivers in winter weather need to drive with lots of space between vehicles because slippery surfaces mean that vehicles will need lots of extra roadway to come to a stop (extra stopping distance);
  • Snow plows on the roads should be given lots of room; never pass a snow plow on a two-lane road; and
  • Avoid bridges and overpasses, they will ice first.

Those operating motor vehicles also have a duty of care in the repair and maintenance of any vehicle being driven on winter roads, and all motor vehicles should be checked to make sure things are right for driving in conditions of snow and ice, including things like:

  • Brakes;
  • Battery;
  • Tires;
  • Oil;
  • Belts and hoses;
  • Windshield wipers; and
  • Lights: headlights, taillights, and hazard lights.

Exposure Risks during Severe Winter Storm Conditions

There are many of us who must face traveling to or from work during severe winter weather, or who must work in winter storm conditions because our job requires us to do so.  Nurses must drive to the hospital, for instance, while commercial truck drivers may be on our roadways delivering freight, and railroad workers, highway crews, and others in vital positions will have to deal with extended personal exposure to winter weather as they perform their work.

Employers must be prepared to protect employees while they are on the clock during any winter conditions.  This includes those who must drive on the roadways as part of their job, as well as workers who must deal with winter snow and ice conditions for any period of time. 

Workers on the job in winter weather face specific dangers, including frostbite and hypothermia, as well as heart attacks or other health events brought on by the extra strain involved in physical exertion during extreme winter conditions.

Duty of Care in Winter Accidents

Everyone will face extra responsibilities during the serious winter conditions we are forecast to experience this year.  Individuals need to know how to keep themselves and their loved ones safe at home during blizzards when there are power outages, for instance.

Drivers: Cars and SUVs as well as Taxis, Buses, and Semi-Trucks

However, anyone driving on our roads has a duty of care to drive appropriately for the unique factors facing anyone on a snowy or icy roadway here.  They also have a duty of care to make sure their vehicle is safe to be driven in winter weather.  These failures, breaches in these duties of care, can cause serious or fatal motor vehicle accidents which are entirely preventable but for the individual’s negligence.

Workers: Winter Weather Job Sites

Likewise, employers will have an increased duty to their workers to keep them safe on the job during severe winter weather conditions.  Any employee on the job, as well as on their way to and from their work site, should be able to rely upon their employer to keep them safe from serious injury or death due to winter weather conditions.

In these situations, both Indiana and Illinois have personal injury and wrongful death laws that serve to bring justice to the winter weather accident victims and their loved ones. 

For more, read:

We all need to be preparing now for what is forecast to be a severe winter with “polar coasters” of extreme conditions.  Failure to do so may result in innocent lives being lost here in Indiana and Illinois because of another’s failure to meet their duty of care.  Please be careful out there!

Contact Us

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.

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