Winter weather brings all sorts of dangers to all our roadways here in Indiana and Illinois, from the most remote rural route to the busiest urban interstate. However, one of the most commonplace risks is the accumulation of snow or ice on a windshield, preventing proper visibility for safe driving.
And this can happen very fast here in our part of the country: consider the warning just a few weeks ago, where the National Weather Service warned Chicagoans to expect “rapid visibility changes” from freezing fog, as well as falling snow and ice buildup, on local roadways. Read, “Illinois roads covered with ice, snow, with freezing fog leading to “rapid visibility changes,” written and published by NBCChicago on December 2, 2025.
Winter Driving Comes With Specific Legal Duties of Care and Safety
Under the state laws of both Illinois and Indiana, drivers have a legal obligation to make sure they are operating their vehicles in a reasonable and prudent manner during bad winter weather conditions as well as making sure the vehicle is in proper working order. Failure to do so, and causing an accident, will find that driver liable for driving negligently and responsible for resulting damages suffered by those in the crash.
These legal duties include making sure that the driver can see to drive. Snow or ice on a windshield that blocks proper visibility means that the driver must rectify that problem. If the driver chooses to keep driving on our state traffic lanes without clearing the windshield, then that driver is breaching legal duties of safety and care.
Illinois and Indiana Laws Regarding Unobstructed Windshields
There is a statute on the books in Illinois (625 ILCS 5/12-503) that mandates windshields must be unobstructed and equipped with wipers. It is against the law to drive with a windshield covered with ice, snow, sleet, or blurred from inside condensation. Failing to comply with this law can form the basis of an argument that the driver is negligent per se.
Similarly, Hoosiers must obey the Indiana law (Indiana Code Title 9. Motor Vehicles § 9-19-19-6) that requires all vehicles on Indiana roadways to have working wipers to keep the windshield clean. While there is no statute that specifically states the windshield must be unobstructed, personal injury claims can still advance under longstanding negligence law with proof that the driver failed in the legal duty of care and safety while driving with blocked visibility.
For more on car crash claims, read: 10 Things to Do Immediately After a Car Crash in Illinois or Indiana.
Evidence Gathering After Icy or Snow-Covered Windshield Crash
For those involved in an accident where a icy windshield or snow-covered windshield is apparently a reason for what happened, it is very important to get proof of these circumstances as fast as possible. After all, snow and ice evidence can change very fast.
Police reports may help here, where law enforcement arriving on the scene may document the existence of blocked visibility in their descriptions as well as with photos of the vehicles involved. There may also be eyewitnesses who can confirm it in witness statements, along with images (Ring cams; security cameras, etc.) from nearby establishments. The accident victim is also wise to take photos of the windshield, if they are able to do so.
One of the biggest problems in these incidents is the failure to get clear evidence of the snow or ice covered windshield before the obstruction is removed or disappears.
For more on proving injury claims after an accident, see: Who Has Liability for Accidents With Delivery Drivers for Amazon, FedEx, Wal-Mart, Target? and EDRs and Black Box Recordings in Car Crashes: Technological Data as Evidence of Fault in Personal Injury Claims.
Filing Claims: Insurance and Lawsuits
Those who have been hurt in a traffic accident in Illinois or Indiana where a snow-covered or iced windshield is to blame for the crash may be able to file insurance claims as well as pursuing legal causes of action against those who are determined to be legally liable for their harm.
Icy roads or snow conditions do not excuse the duties of drivers to operate their motor vehicles in a reasonable and prudent manner. Their failure may form the basis of a negligence claim against them, where monetary damages are available for both the accident victim and their loved ones.
All drivers in Illinois and Indiana should understand how to clear their windshield and keep it clear of obstructions in winter weather. It is their legal duty to know how to get snow and ice off the windshield before they get behind the wheel.
Things like parking in a garage, or using a windshield cover on a parked car, keep the windshield free from accumulations. Vinegar and water solutions are known to repel ice on the windshield. And of course, various tools and gadgets exits (from soft brushes to metal scrappers) in combination with the car’s defrost work to remove the stuff before driving off.
For more, read, “How to get ice off your windshield without ruining it,” written by John Tufts and published by the Indianapolis Star on December 4, 2025.
Justice After Winter Car Crash in Indiana or Illinois
After a serious winter weather accident, investigations into the causes of the crash may reveal more than one reason for it. Maybe the driver could not see properly because of a windshield blocked by snow or ice. This makes that driver liable under state law for negligent driving.
Experts may also find that the driver’s employer may have culpability because of pressuring that driver to hurry to meet a delivery deadline (think trucker or delivery van driver). Other drivers may have failed in their duties of care and safety, too, contributing to the victim’s harm. Think of a driver who was distracted; a driver who was driving too fast given the conditions; or a driver who did not check their brakes or tires before hitting the road, and that product failure helped to cause the crash. Read: Accident Reconstruction Experts and Injury Claims.
Only after an independent investigation by accident reconstruction experts can a motor vehicle accident victim fully understand exactly what happened during the crash, and identify all those who may owe monetary recompense for the harm they have caused. In these cases, claims for damages may cover things like immediate medical expenses, future medical care, rehabilitation costs, lost wages, pain and suffering, and more.
See:.
- Helping Hurt Car Crash Victims Before EMS Arrives: Rendering Aid After an Auto Accident in Illinois or Indiana
- Passenger Injury Claims After Illinois Car Crash
- What To Do If You’ve Been Hurt In an Indiana Car Crash
- Illinois Workers Hurt in a Car Crash While Driving for Work: Legal Rights under Illinois Law
- What To Do If You’ve Been Injured In A Car Crash in Illinois.
Winter weather creates dangerous driving here in Indiana and Illinois where drivers are responsible for the conditions of their vehicles as well as the way they operate their car, pickup, minivan, SUV, or big rig. Windshields must never obstruct driver visibility. Please be careful out there!
