Victims of winter collisions involving car accidents or truck crashes may be surprised to learn that legal responsibility for their damages is found with one or more parties other than the driver.
Winter weather is particularly hazardous for any type of motor vehicle moving along the roadways of Illinois or Indiana. Snow, ice, sleet, freezing fog or rain, high winds, longstanding freezing temperatures, blizzards: all these complicate driving. Things like black ice and lake-effect snow are notorious dangers for our part of the country. For more, read: Black Ice Accidents in Illinois and Indiana: Liability for Crash Injuries.
Sadly, each year there are horrific collisions on our winter roadways that cause catastrophic bodily harm or even death for one of more victims of the accident. From single car slide-offs, to multi-vehicle pile-ups, to semi-truck crashes involving one or more vehicles: the reality is that winter weather brings a high rate of motor vehicle accidents in both Illinois and Indiana. See, “Driving during the winter is especially dangerous in these states, says study,” written by Nick Jachim and published by The Hill on December 4, 2025.
For these accident victims, it is important not only to know that (1) there is a legal right to independently investigate the event to learn all the reasons for what happened, but that (2) these accident investigations may reveal surprising findings. In some winter weather accidents on our roads, more than one third party (individual or business) may have liability under the law other than the driver involved in the crash.
Winter Weather Road Accident Liability Other Than The Driver
On-site police investigations, as well as preliminary investigations by insurance adjusters and agency representatives may initially consider one or more drivers in a winter car accident or semi-truck crash to be negligent and at fault. Nevertheless, facts found in accident reconstruction analysis by experts may reveal that legal fault lies with one or more of the following:
1. Drivers Not Involved in the Crash
Security videos, dashcams, and eyewitness testimony may all confirm that a driver that managed to escape the collision nevertheless was a reason for what happened. Maybe that driver was speeding and others attempting to avoid him lost control and crashed. Maybe that driver failed to yield, with similar results. See, Driving Too Fast for Road Conditions In Winter is a Leading Cause of Car Accident Injuries.
2. Trucking Company
Trucking companies that own or operate the semi-trucks, 18-wheelers, big rigs, tankers, reefers, tractor-trailers, etc. rumbling along our interstates and highways (as well as through our local neighborhoods) may be legally accountable for damages if “vicarious liability” can be established that proves up things like their negligence in hiring, training, supervising, or dispatching the trucker involved in the crash. See, Trucking Companies Liable for Semi-Truck Crashes in Indiana and Illinois.
3. Truck Cargo Loaders, Shippers, Brokers
In the event that a large truck is involved in a winter weather accident, investigations must include determining if the crash was caused by things like overweight loads; unsecured cargo on the rig; or improper loading of the goods by shippers or brokers that made the truck vulnerable to a loss of control in the winter weather conditions, resulting in a slide-off; jackknife; rollover; etc. See, Semi Truck Crash Liability: Third Party Liability in Indiana Truck Accidents.
4. Lessor or Owner of Motor Vehicle
Sometimes, the motor vehicle (van, truck, etc.) involved in the winter weather accident is not owned by the driver, but instead is owned by a business or leasing company. That lessor or owner may be legally liable for a crash where the vehicle is found to have not been repaired or maintained as required by contract and was allowed to be driven when it was not “winter-weather-worthy.” See, Winter Weather Accident Deaths: Duty of Care during Winter Weather Conditions.
5. Repair Shops or Maintenance Companies
Motor vehicles in winter weather accidents may be under a contract with a company that provides repair, upkeep, or maintenance for that vehicle. Maybe it is part of a truck fleet. Maybe it is one of several delivery vans for a local business. If investigations find that things like repairs were substandard or simply not done, or that safety recalls existed and were ignored, then these companies may be legally liable for a crash caused by their negligence.
6. Manufacturers, Distributors, or Suppliers of Parts
The complexity of all types of motor vehicles on the roads of Illinois and Indiana increases every year. The companies that make a profit from the manufacture or the distribution of the parts or components of any motor vehicle involved in a winter weather accident may be liable if the investigation confirms causation based upon product liability laws for things like defects in brakes, tires, steering, or various automated or electronic components.
7. Employers
For any motor vehicle involved in a winter weather accident where the driver was on the job at the time of the crash, legal liability may lie with their employer under the legal concept of respondeat superior. This extends to more than just a driver of a commercial motor vehicle.
8. Private Snow Removal Companies
Throughout Illinois and Indiana, there are companies in the business of providing snow removal services like plowing or de-icing. If they fail to do their job in a reasonable and prudent manner, then legal fault may be found with these contractors.
Claims for Winter Weather Motor Vehicle Accident Damages in Illinois and Indiana
Drivers and their loved ones may find it beneficial to hire an experienced car accident attorney to help them with their winter weather accident. After deciding on the right lawyer for their family, they can trust their advocate not only to help with the emotional burden of communications with adversarial interests (think insurance companies, etc.), but with things like filing for workers’ compensation benefits to help with immediate financial needs when a breadwinner is incapacitated by their injuries.
Advocates for the winter weather accident victim can also build a team of experts that includes not only those that can confirm long-term medical care needs and lost earning capacity damages, but accident reconstruction experts with special education and expertise in these types of collisions.
The reconstructionists will go into great detail, gathering all sorts of evidence from weather data to black box evidence from all the vehicles involved to physical inspections of the wrecked cars, trucks, etc. and the roadway itself. They will apply their expertise to the facts and provide a formal opinion on why the event occurred.
For more details, 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.
Of course, more than one reason may be found for the winter weather accident. This is particularly true in complex winter crashes involving several vehicles, or commercial trucks. Here, comparative fault laws of Illinois and Indiana may come into play, where comparative negligence impacts damage calculations.
Read:
- Why Chicago Bus Accidents Happen: When Bus Crash Is Not the Fault of the Bus Driver or Bus Company;
- EDRs and Black Box Recordings in Car Crashes: Technological Data as Evidence of Fault in Personal Injury Claims;
- Fault for A Winter Traffic Accident: Government Liability for Winter Weather Car Crash;
- Winter Weather Doesn’t Excuse Negligence: What Indiana Drivers Should Know.
Winter weather accidents in Illinois and Indiana will happen this year, and lives will be forever changed in what all too often is found to be a preventable accident caused by the negligence of another under state law. Our roadways are well-known to be some of the most dangerous winter routes in the country. Please be careful out there!
