Indiana winters are notorious for being cold and long and filled with road hazards like snow, ice, sleet, and freezing rain. Right now, midway through December, Indiana is preparing for another Arctic Blast where temperatures will drop below freezing for extended periods of time, bringing almost a half a foot of snow with it. Read, “‘Winter is Here,’ as NWS warns of sub-zero conditions this weekend. Where?” written by Noe Padilla of the Indianapolis Star and published by Yahoo!News on December 10, 2025.
Winter doesn’t stop us, of course. We will still drive to school, go to work, and enjoy holiday shopping. But Hoosiers do recognize that winter weather makes for risky driving. We know to do things like checking weather conditions before we get behind the wheel; inspecting our vehicles; and clearing snow off brake lights and windows so we can see and be seen.
For more, read Winter Driving Safety Tips provided by the Indiana Department of Transportation.
Legal Duties in Indiana Winter Weather
However, it is very important for everyone on our streets, highways, and roads to be aware that winter weather, no matter how intense, will not excuse negligent driving. In an accident, drivers may be liable for civil damages and in some instances, liable for violation of Indiana statutes mandated for public safety. These include Indiana Code 9-19-19-3 and Indiana Code 9-12-7-1 which can be read to require drivers to have clear visibility through their windshields (no snow or ice) and to make sure vehicles are in good working condition.
While there are instances in the law of “Acts of God” defenses, in Indiana all drivers are legally required to adjust their behavior to winter weather road conditions.
Failing to do so can be argued as a breach of a legal duty of care and safety and make that driver liable for civil damages in the event of an accident.
For more, read Winter Weather Accident Deaths: Duty of Care during Winter Weather Conditions.
1. Indiana Driver Duty in Winter Driving
Anyone getting behind the wheel of a motor vehicle in the State of Indiana is required to meet certain legal duties defined by law. It does not matter the size of the vehicle (small sedan or big rig), the age of the driver, or if the driver is properly licensed to drive in this jurisdiction. These duties apply to all drivers for the safety of everyone on our roadways.
When winter weather hits, Indiana drivers are expected to understand the risks that come with snow, ice, and freezing temperatures. The law demands that they do things like making sure their vehicle is road worthy in the winter conditions. They have a duty to change their driving behavior, too. It may mean driving well below the posted speed limit. It may involve keeping longer distances between vehicles to allow for longer braking needs.
The duty to adapt to winter weather conditions will vary depending upon the particular circumstances facing the driver. All Indiana drivers will be expected to operate their vehicles in a reasonable and prudent manner in the situation with which they find themselves.
Failing to drive in a reasonable and prudent manner on the Indiana winter roadway is a breach of the driver’s legal duty of care.
2. Winter Driving Duty Extends to the Vehicle, Too
The duty of the Indiana driver is bigger than making sure they are driving with proper care and attention on our winter roadways. It also requires that driver to make sure that the motor vehicle is acceptably safe for driving in winter weather conditions.
Failures in vehicle maintenance for winter driving can also form the basis of civil liability in the event of a car crash. Drivers have a legal responsibility to do things like making sure the tires are properly inflated and have acceptable tread for driving in snow, ice, or freezing rain; making sure the windshield wipers work so the driver will have good visibility; and testing the brakes to confirm they are in working order.
For more, read: Winter Weather Accidents Caused by Negligent Fleet Management; Tires and Fatal Auto Accidents: Duty of Care for Tire Upkeep and Maintenance; and Brakes and Fatal Auto Accidents: Duty of Care for Brake Upkeep and Maintenance.
3. What About Unforeseen Conditions?
Given our notorious winter weather, there may be times when Hoosiers are facing with an unforeseen condition on the roadway. This is an argument against an allegation that the driver breached their legal duty of care and safety. The driver will argue there was no way to foresee or to expect this condition.
An example here might be black ice in an unexpected place. However, this situation of sudden emergency does not apply to most winter weather accidents in Indiana. Drivers are expected to understand winter risks and to be ready for hazards.
To learn more about black ice, read: Black Ice Accidents in Illinois and Indiana: Liability for Crash Injuries.
What If More Than One Driver Caused the Winter Accident?
Of course, lots of winter weather accidents on Indiana roadways may be investigated and found to have more than one driver who failed in their legal duty of driving in a reasonable and prudent manner. Maybe one driver was speeding, and another had bad brakes, for example.
In Indiana, the law provides that multiple parties may be found liable for causing an auto accident or truck crash. This is called “comparative fault” and it means that damages are available to a driver in an accident as long as they are found to be less than 51% responsible for the accident. Their total damage amount is then calculated with a reduction based upon their percentage of fault.
Injury Claims after Indiana Winter Weather Accidents
Longstanding state law demands that all drivers in the State of Indiana drive with reasonable and prudent care during any winter weather conditions. The duty extends to making sure their vehicle is safe for winter driving, too.
Anyone driving here has a specific responsibility to do so with consideration of their particular winter situation. Checking weather forecasts and knowing road hazards is key. Is it below freezing? Then drivers are to understand the risk of ice and change their driving accordingly. Is a major snowfall expected? Then plan on taking longer to get to the destination, and have the vehicle ready to deal with this circumstance.
Breaches in legal duties of care by drivers in Indiana winter weather conditions put not only them at risk of harm, but the occupants of their vehicles and everyone sharing the lanes with them. Serious or deadly winter weather accidents are often investigated and found to be entirely preventable accidents, where tragedy results.
When these winter weather accidents happen, Indiana law provides avenues for justice to the accident victims and their loved ones. Personal injury laws, product liability laws, premises liability laws, and wrongful death statutes may all often recompense.
For more, read:
- Winter Weather Accidents: Ice And Snow On Roads Of Indiana And Illinois
- Winter Weather Long Haul Trucking: Deadly Crash Dangers in Illinois and Indiana
- What To Do If You’ve Been Hurt In an Indiana Car Crash.
Winter weather in Indiana is always hazardous, even for the most experienced driver. For everyone on our roadways, it is vital to recognize the importance of respecting legal duties of care and safety to keep people safe from a catastrophic or deadly accident. Please be careful out there!
