Experienced drivers in Illinois and Indiana understand that driving in winter weather is dangerous and comes with its own unique risks. Risks are especially high when we have freezing rain, snow, sleet, or ice on our streets. In our part of the country, it is no surprise that the Federal Highway Administration (FHWA) warns that:
Each year, 24 percent of weather-related vehicle crashes occur on snowy, slushy or icy pavement and 15 percent happen during snowfall or sleet. Over 1,300 people are killed and more than 116,800 people are injured in vehicle crashes on snowy, slushy or icy pavement annually. Every year, nearly 900 people are killed and nearly 76,000 people are injured in vehicle crashes during snowfall or sleet.
However, for safety agencies and advocates of accident victims and their loved ones, the risk of a severe or deadly car accident in the winter months is especially high when someone has chosen to drive too fast in these kinds of road conditions.
Speeding during winter weather is all too often the reason for tragic collisions and crashes in Indiana and Illinois.
Speed Limits, Reasonable and Prudent Driving: What is Speeding?
Both Illinois and Indiana have statutes that establish maximum speed limits for roadways, with local authorities (think Cook County) having the power to change this statutory mandates given certain conditions. The Illinois Vehicle Code (625 ILCS 5) and Indiana Code Title 9, Article 21, Chapter 5 define the statutory maximum speeds for operating a motor vehicle on our roadways.
Exceed these maximum speeds on a fine summer day, and the driver is in violation of state law even if no accident occurs. Things get more complicated when driving during winter. Drivers may be considered to be speeding even if they are not exceeding that maximum speed limit.
Both Illinois and Indiana law mandate that drivers are to drive at a “reasonable and prudent” speed given road conditions they are experiencing. If it is snowing, or sleeting, then drivers may be in violation of the law and considered to be speeding despite being under the posted speed limit if they are deemed to be driving too fast for the road conditions.
Why is Speeding So Dangerous on Winter Roads?
There are several reasons why it is extremely dangerous to drive at too great a speed on winter pavement in our area. Among these hazards are:
- less visibility, from things like whiteout conditions; gusting winds throwing snow; or freezing rain coating the windshield where speeding fails to give the driver sufficient time to react to danger;
- accumulations of hazards on the roadway, from snow, sleet, or ice (and especially black ice) where speeding does not allow for coping with these risks;
- busy traffic areas that increase the risk of pile-ups (think I-90 near Schaumburg or I-65 near Columbus) where the speeding driver cannot stop in time; and
- rural routes where speeding drivers may hit ice or snow and slide-off the roadway, with the added risk of longer time for first responders to arrive on the scene.
For more, read: Speeding and the Very Real Danger of a Serious or Deadly Crash; Speeding Causes Almost Half of All Fatal Car Crashes in Illinois (Around 25% in Indiana); and Bottlenecks, Speeding, and Record-Breaking Fatalities: Deadly Highway Accidents in Indiana and Illinois.
Accident Liability in Car Accidents Involving Speeding Driver
Whether the accident happens in Illinois or Indiana, it is possible for accident victims and their loved ones to argue that a driver confirmed to have been speeding at the time of the crash is liable under the doctrine of “negligence per se.” This means that the driver is automatically considered to have breached the duty of care and safety in operating the motor vehicle once it is is confirmed the driver has violated state traffic safety laws defining speeding.
Of course, each case is different and must be given its individual respect and consideration. Under the personal injury laws of Indiana and Illinois, drivers may be shown to be liable once the accident victim shows they failed to slow down, ignoring the obvious risks of driving in winter weather conditions.
Illinois law (625 ILCS 5/11‑601) requires drivers to reduce speed in bad weather, where driving “too fast for conditions” is deemed to be negligent driving. Indiana law (IC 9‑21‑5‑1) demands that drivers operate their motor vehicles at a “reasonable and prudent” speed given the current weather. Hoosier police reports may cite the driver for “speeding too fast for icy conditions,” etc.
The key here is that the accident was foreseeable, given the snow, sleet, freezing rain, ice, etc., and the driver failed to slow down accordingly.
Parties Who May Be Liable Due to Speeding in a Winter Car Crash
After a serious or deadly accident on our winter roadways, the accident victim and their loved ones have a legal right to investigate all the reasons for what has happened. They may enlist the aid of an experienced personal injury lawyer who will coordinate with the appropriate accident investigation expert(s) to determine what parties have legal liability for the damages suffered by the victim and their loved ones. For more, read: Accident Reconstruction Experts and Injury Claims; and Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases.
These parties may include the following defendants in a personal injury cause of action based upon state laws of Illinois or Indiana:
- The Driver Who Was Speeding: the driver who rammed into another car (like rear-ending or T-boning because they could not stop in time) is usually found to have primary liability;
- Employer of the Speeding Driver: they may be situations where the driver is on the job when the crash happens, and facts may reveal that the trucker, delivery driver, etc. may be liable because they were pressuring the driver to meet a deadline, or they failed to properly train the driver in operating the vehicle in winter weather conditions;
- Other Drivers: there may be instances where several vehicles are involved in the winter accident, and more than one of these drivers may be found to have been driving too fast and not in a reasonable and prudent speed at the time of the crash.
Justice for Accident Victims in a Winter Traffic Accident Caused by Speeding Driver
For those who suffer catastrophic injuries in a semi-truck crash or car accident during winter weather conditions, it is important to confirm if speeding contributed to the incident, and all the parties that may be legally liable for the victim’s damages.
Speeding is not just going over the posted speed limit when there is snow, ice, sleet, or freezing rain. It is driving too fast for the conditions of that roadway, where a reasonable and prudent driver would be inching through the intersection, or along that stretch of highway. Failing to slow down enough to match dangerous road conditions results in legal liability in the event of an accident.
Damages may be available in these situations to cover things like medical care, future medical expenses, rehab costs, pain and suffering, and more. Loved ones may have their own damages claims to assert, too.
For more, read:
- 10 Types of Injury Damages That May Be Awarded to Accident Victims
- 10 Things to Do Immediately After a Car Crash in Illinois or Indiana
- Passenger Injury Claims After Illinois Car Crash
- What To Do If You’ve Been Hurt In an Indiana Car Crash
- What To Do If You’ve Been Injured In A Car Crash in Illinois.
Winter weather in Illinois and Indiana must be respected as being some of the most dangerous driving conditions of the entire country. Speeding is all too often the cause of tragic, preventable accidents here. Please be careful out there!
