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Black Ice Causes a Crash: When to Call a Car Accident Lawyer

Winter weather in our part of the country is filled with dangers, from snow to dense fog or just the extremely low temperatures routine to Illinois and Indiana.  These conditions can be scary even to the most experienced driver here. 

However, there are few situations as frightening during winter weather as a driver hitting a patch of black ice.  Coping with black ice can be terrifying, especially because so many drivers realize that black ice accidents are often catastrophic or deadly. 

How Black Ice Causes Truck Crashes and Car Accidents

Black ice is a description for a very thin sheet of ice that forms on a roadway, so clear that it is invisible to the naked eye but still sturdy enough to force tires on vehicles of all sizes to lose traction. 

Without that tire gripping the pavement, the driver loses control.  Slamming on the brakes in a panic may make things worse.  So can trying to oversteer into other lanes, shoulders, etc.  Pile-ups, rollovers, T-bones: all sorts of horrible collisions can happen in a matter of seconds because of black ice.   

A vehicle suddenly skidding on ice is extremely dangerous, of course.  However, things get very, very hazardous for anyone near that car, pickup, minivan, SUV, or hatchback. The likelihood of serious bodily injuries or even death in a black-ice accident skyrockets when a heavier vehicle, like a semi-truck, tractor-trailer, big rig, or 18-wheeler is sliding on black ice. 

Read, Black Ice: What Is It, And Why Is It So Dangerous For Drivers?” written by Rob Shackelford and published by The Weather Channel on November 22, 2025.  For more on black ice, read Black Ice Accidents in Illinois and Indiana: Liability for Crash Injuries.

Black Ice in Illinois and Indiana

The greatest risks of black ice are different for those driving in Illinois and Indiana.  In Indiana, black ice is most likely on tree-lined rural roads; bridges; low-lying routes or dips; as well as anywhere during early-morning commutes after a night of freezing temperatures.  The Indiana Department of Transportation advises Hoosiers:

“Roads that seem dry may actually be slippery – and dangerous.  Take it slow when approaching intersections, off-ramps, bridges or shady areas – all are hot spots for black ice.”

More drivers in Illinois deal with urban traffic, and the black ice risks associated with things like interstate exchanges and ramps; arterial lanes; and our lakeshore traffic corridors. The Illinois Department of Transportation concurs, “black ice on roads that appear clear but can be treacherous,” with suggestions that include never using cruise control when there is a risk of hitting ice, and to be particularly careful when approaching “intersections, ramps, bridges and shady areas.

Liability After a Black Ice Accident

Drivers in both Illinois and Indiana have legal duties of safety and care that require special considerations when driving in bad winter weather.  Drivers must adjust their driving according to the weather they are facing.  They may need to drive well under the posted speed limit, for instance.  They need to know before they start out that their vehicle is in proper working order, too.  Tires need to have good tread and be snow-worthy.  Brakes must work. 

Winter weather, including the surprise of black ice on the roadway, will not excuse a driver who is found to be driving in breach of these legal duties.  Police reports, as well as the independent investigation by the accident victim’s experts working alongside their legal advocates, may confirm that the driver was not driving in a reasonable and prudent manner at the time of the crash.  There may also be findings that the driver was operating a vehicle that was not in proper working order (tires, brakes, wipers, etc.). 

Read, Winter Weather Doesn’t Excuse Negligence: What Indiana Drivers Should Know.

Other parties may also have liability to the black ice accident victims besides the driver whose vehicle slid or skidded on the black ice.  A property owner who failed to take proper care of their premises (trees not trimmed; lighting in bad repair; etc.); product manufacturers or designers (faulty components on the vehicle); or other drivers who failed to respond to the situation in a reasonable way may all have legal duties to the victims after the crash. 

Accident Attorney After a Black Ice Crash in Illinois or Indiana

For anyone involved in a black ice collision here, there are state laws that provide legal redress to those who suffered harm due to the negligence or legal breach of duties by others that are shown to have contributed to their injuries. 

While some black ice accidents may be minor fender benders, where the drivers and the accident victims decide to handle things themselves with the insurance carriers, many of these black ice crashes may be helped by the victim having the support of a legal advocate.

An experienced personal injury attorney is particularly helpful when the black ice crash involves things like:

  • Serious bodily injuries
  • Permanent bodily harm
  • Fatal injuries (either at the time of the crash or later, during medical care and treatment)
  • Complicating circumstances (number of vehicles involved; the likelihood of third-party liability; etc.)
  • Drivers with no insurance
  • Drivers who are underinsured
  • Drivers who are driving without a proper license
  • Drivers who are driving without proper training (especially when work vehicles are involved).

Having an attorney after a black ice accident is also helpful for victims who are dealing with insurance adjusters or insurance companies that are denying claims, or offering what seems to be a low-ball settlement offer.  See, Bad Faith: When an Accident Victim is Victimized a Second Time by the Insurance Company.

Proving Up Injury Claims for Black Ice Accidents in Illinois or Indiana

After an accident where black ice causes loss of control and a serious crash, the accident victim seeking justice will have the legal responsibility of proving with authenticated and admissible evidence the liability of those at fault. It is not required that anyone step up and admit responsibility, no matter how clear it is that they have done something, or failed to do something, that caused the black ice accident.   

Attorneys for victims of black ice crashes can make the difference here.  Their experience can not only help black ice accident victims gathering evidence of fault and liability, but they can collect the evidence required to prove up all monetary damages that the victim may have under the law, including things like lost earning capacity, lost wages, loss of consortium, pain and suffering, and more.  For more on damages, read: 10 Types of Injury Damages That May Be Awarded to Accident Victims.

Also read:

Black ice will be on our streets, roads, bridges, highways, and interstates this winter.  Sadly, there will be serious or even fatal collisions caused by black ice.  In some instances, attorneys may be able to help black ice accident victims who suffer because of the negligence of others.  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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