Driving in snow and ice presents a host of dangers that drivers across snowy states like Minnesota, Iowa, Wisconsin, and North Dakota know all too well. Each winter brings icy roads, blowing snow, and unpredictable conditions that test even the most experienced drivers.
Winter accidents occur too often, sometimes with tragic results. If you or a loved one suffered injuries in a car accident caused by someone else’s negligent driving during snowy or icy weather, you know how quickly a routine trip can turn into a life-altering event.
Winter accidents are common, but that doesn’t mean they’re inevitable. Responsible drivers must adjust their speed, keep a safe following distance, and maintain their vehicles in proper working order. Failure to take these precautions can lead to accidents and severe consequences. Unfortunately, insurance companies often claim these crashes were “unavoidable weather accidents” to dismiss claims, leaving victims struggling to cover their injuries and losses.
If you’re in this situation, contacting a car accident attorney near you can offer a way forward. A consultation can help you understand your options for pursuing the compensation you need.
The Reality of Winter Weather Accidents in North-Midwestern States
Winter conditions can create unexpected hazards, but many crashes happen because drivers fail to adjust to snowy and icy roads. Every year, thousands of winter accidents occur in the Midwest, and statistics reveal the sobering toll in states like Minnesota, North Dakota, Iowa, and Wisconsin.
- During a recent five-year period, Minnesota saw more than 72,000 crashes related to weather. These wrecks injured more than 19,000 people and killed 181.
- Iowa reported 106 traffic fatalities during the winter months of 2023, and the state once ranked 7th in the nation for being the most dangerous for snow driving.
- The State of Wisconsin Department of Transportation reported more than 15,000 winter weather crashes during a recent year that killed 38 people.
- Although North Dakota once ranked relatively low for wintry weather accidents, the state reported nearly 4,000 accident injuries and 101 traffic fatalities during a recent year. While specific statistics involving inclement weather accidents don't exist, the North Dakota Crash Summary claims that 35% of fatal accidents involved unsafe speed or aggressive driving, and lane departures accounted for around 56% of crashes. The report also noted an uptick in traffic accidents around New Year’s, Thanksgiving, and Christmas.
These accidents are largely preventable when drivers take basic precautions, yet insurance companies frequently push back, labeling these incidents as “unavoidable.” However, accountability still exists when a driver’s actions—or inactions—contribute to someone else’s harm.
Should an accident injure you when you travel across state lines, you might find yourself best served by a lawyer licensed to practice law in multiple states. You can combine local service with the credentials you need to pursue claims in the state where the accident happened.
Legal Obligations of Drivers in Winter Conditions
Winter driving requires every motorist to take responsibility for adjusting their behavior to road conditions. When drivers ignore this duty, they can be held legally accountable for the harm they cause.
Speed Requirements
Speed limits set maximums for ideal conditions. In winter, drivers must slow down, often driving below posted limits to match what’s safe for the road conditions. Known as the “basic speed law,” this principle requires all drivers to maintain a speed that is safe given the current conditions, such as snowy or icy roads. Continuing to drive at regular speeds in winter conditions places everyone at risk and signals a disregard for basic safety.
Following Distance
Keeping a safe following distance is another crucial factor in preventing winter accidents. Under normal conditions, drivers should follow at a distance of three seconds behind the vehicle in front of them. In snow or ice, this distance needs to be doubled—or even tripled—to allow for the increased stopping time that slick roads require.
Tailgating in winter conditions reflects clear negligence, especially considering the need for extended stopping distances. For larger vehicles, such as trucks, the braking distance extends even further, making adequate following distance all the more important.
Proper Vehicle Maintenance
Safe winter driving also means ensuring a vehicle is fully equipped to handle the conditions. Neglecting basic maintenance, such as tire tread checks, functioning windshield wipers, and clean windows, directly contributes to winter accidents.
When another driver’s vehicle lacks adequate tire traction or working brake lights, they risk endangering others. Such negligence, whether intentional or due to oversight, can make a driver legally responsible for the harm they cause if an accident occurs as a result.
Common Types of Negligent Winter Weather Accidents
Winter driving creates unique risks, yet many common accident types are directly related to driver negligence. Here are some of the most frequent types of accidents caused by unsafe winter driving practices:
- Rear-End Collisions: When drivers fail to keep a safe following distance, especially in icy conditions, rear-end collisions become all too common. The lack of sufficient stopping space in winter conditions is a major factor in these crashes.
- Multi-Car Pileups: Icy roads combined with drivers moving too quickly can lead to multi-car accidents, particularly on highways. Without safe spacing and speed adjustments, drivers risk losing control and causing large-scale collisions.
- Intersection Accidents: Slick surfaces make it difficult to stop at intersections. Drivers who fail to adjust their speed can easily lose control and slide into cross traffic, leading to severe intersection collisions.
- Lane-Change Collisions: In winter, visibility often suffers due to fogged windows, ice-covered mirrors, or blowing snow. Changing lanes without proper clearance or without using turn signals can lead to sideswipe accidents and other types of crashes.
Your Rights as an Accident Victim
If someone else’s negligence led to a winter accident that left you injured, you have the right to seek compensation. Although financial relief can’t undo the trauma of an accident, it can help you manage the costs of recovery and get your life back on track.
Compensation may cover:
- Medical expenses: Both immediate and long-term medical care for injuries sustained in the accident.
- Lost wages and earning capacity: If your injuries keep you from working, you could recover both past lost wages and future earnings.
- Vehicle repair or replacement costs: Repair bills or, in some cases, the value of a totaled vehicle.
- Pain and suffering: Compensation for the physical pain and emotional impact of the accident.
- Rehabilitation costs: Physical therapy, counseling, and other forms of rehabilitation needed after an injury.
- Out-of-pocket expenses: Medical supplies, travel costs, and other necessary expenses.
How to Prove the Other Driver’s Fault
Insurance companies can complicate establishing fault by arguing that weather, rather than driver behavior, was the cause. However, gathering strong evidence helps build a case for negligence.
Here are some ways an attorney can show that another driver’s actions caused the accident:
- Police reports: Official accident reports can indicate weather conditions and driver behaviors that contributed to the crash.
- Weather data: Records from the day of the accident can show that conditions required extra caution.
- Photographs: Images of the accident scene, vehicle damage, and weather conditions at the time can support your case.
- Witness statements: Eyewitnesses can often describe what happened in detail, adding credibility to your version of events.
- Medical records: These can show the extent of your injuries and the direct link between the accident and your medical treatment.
- Vehicle damage reports: The damage to your vehicle may indicate the direction, speed, and cause of the impact.
Dealing with Insurance Companies
Insurance companies often try to minimize their payouts, and they may attempt several tactics to reduce or deny your claim, including:
- Dismissing the accident as “unavoidable”
- Offering low settlements quickly, hoping you’ll accept without consulting a lawyer
- Minimizing the severity of your injuries
- Shifting blame to weather conditions
Protecting Your Rights
To safeguard your right to fair compensation, consider these strategies:
- Avoid giving recorded statements without legal representation: Insurance adjusters can twist your words to downplay your injuries or cast doubt on your claim.
- Reject low initial offers: Don’t settle until you understand the full scope of your losses and have received medical evaluations. Have an attorney review any settlement offers to determine if they’re fair.
- Keep thorough records of all expenses: Documentation of your medical costs, lost wages, and other expenses can provide a clearer picture of your financial needs.
- Seek medical care immediately: Prompt medical attention not only ensures you get the treatment you need but also helps establish a timeline of your injuries for your claim.
Steps to Take After a Winter Weather Accident
If you’re involved in a winter weather accident, knowing the right steps to take can help protect both your health and your rights:
- Get to safety and seek medical attention: Your immediate safety is paramount, as is ensuring that you and anyone else involved get medical care if necessary.
- Document the accident scene: Take photographs of the scene, vehicle damage, and any injuries if you’re able to do so safely.
- Report the accident to police: A police report provides an official record that can help with your claim.
- Gather witness information: Eyewitnesses can provide valuable accounts that support your version of events.
- Contact a knowledgeable attorney: An experienced car accident attorney can guide you through the claim process and help you pursue fair compensation.
- Follow all medical advice and treatment plans: Keeping up with your medical treatment is essential for both your health and your claim.
How an Attorney Can Help
A qualified attorney can help you recover the compensation you need after a winter weather accident.
Here’s how legal representation can make a difference:
- Investigate the Accident: Your attorney can collect evidence, interview witnesses, and build a case showing that the other driver was responsible.
- Gather and Preserve Evidence: Evidence can disappear quickly, especially in wintry conditions where snow, ice, or rain can affect the scene. An attorney will work to secure key evidence, like skid marks, witness statements, and photographs, before it’s lost.
- Handle Insurance Communications: Insurance companies often attempt to settle claims quickly and for less than what an injury victim deserves. Your attorney will communicate with insurers on your behalf, pushing back against low settlement offers and making sure your interests are protected.
- Identify All Liable Parties: Liability may extend beyond the driver directly involved in the accident. For example, if faulty brakes or poorly maintained roadways contributed to the accident, other parties might share responsibility. An attorney will investigate all potential sources of liability to maximize your compensation.
- Calculate Full Compensation Value: Assessing the full scope of your losses—medical bills, lost wages, pain and suffering, rehabilitation costs—requires a nuanced understanding of injury law. Your attorney can calculate a fair compensation amount based on both immediate expenses and long-term financial impacts.
- Protect Your Legal Rights: Throughout your case, your attorney will advocate for you, ensuring the insurance company or at-fault party treats you fairly. Your lawyer will safeguard your rights to fair treatment, equitable compensation, and any benefits you may be entitled to under the law.
- Navigate Complex Legal Processes: Dealing with legal documents, deadlines, and court requirements can be confusing, especially during recovery. Your attorney will handle these details, keeping your case on track and ensuring you’re prepared every step of the way.
Contact an Experienced Car Accident Attorney Today
The aftermath of a winter car accident can be physically, emotionally, and financially draining. You shouldn’t have to go through it alone, especially when someone else’s carelessness caused the collision.
Having a dedicated car accident attorney can relieve some of the burdens, allowing you to focus on recovery while knowing someone is fighting for your rights.
The personal injury attorneys at Nicolet Law Accident & Injury Lawyers understand the unique challenges winter accidents present. We have decades of collective experience helping clients navigate these cases with compassion and professionalism.
If you or a loved one has suffered injuries due to a winter accident another driver caused, contact Nicolet Law Accident & Injury Lawyers for a free consultation. Let us help you pursue the compensation you deserve and protect your interests throughout the legal process.