The craziest things Chicago drivers do when it snows are textbook examples of negligence. These behaviors include:
- Peephole driving, where a driver scrapes off a tiny circle of ice on their windshield and hopes for the best.
- The misplaced confidence of someone in a 4WD vehicle flying down an iced-over Dan Ryan Expressway
- The absurdly close tailgating during a lake-effect snowstorm
While snow is a natural hazard, the pandemonium on our streets is almost always man-made. According to the Federal Highway Administration (FHWA), over 116,800 people are injured in vehicle crashes on snowy, slushy, or icy pavement annually across the country. The root cause is rarely the snow itself. It is the driver who fails to adapt to it.
There's a common belief that accidents on icy roads are no-fault incidents or simply Acts of God. This is a dangerous misconception. When a driver's unreasonable actions lead to a crash, there is a clear path to holding them accountable, regardless of the weather. Our team at Abels & Annes, P.C. handles these challenging liability disputes.
If you have a question about a winter weather accident caused by another driver’s negligence, call us today for a free consultation.
Key Takeaways for Winter Driving Accidents
- Adverse weather does not excuse a driver from their duty of care. Illinois law requires drivers to adjust their speed and behavior to match road conditions, meaning a driver is liable if they fail to slow down on ice.
- Failing to clear snow from a vehicle is a violation of the Illinois Vehicle Code. If a driver's obstructed view or flying snow debris causes a collision, it establishes a clear basis for a negligence claim.
- Insurance companies frequently use black ice as an excuse to deny claims. Because winter conditions are foreseeable in Chicago, drivers have a legal obligation to anticipate and prepare for icy patches, making the unavoidable accident defense difficult to sustain.
The Peephole Driver and Other Negligent Winter Habits
Certain winter driving habits on Chicago's roads move beyond simple annoyance and into active endangerment. They represent a conscious disregard for the safety of others, and the law sees it that way, too.
The Peephole Phenomenon
You may have seen it: a car encased in a thick layer of snow, with only a small, porthole-sized circle scraped clear on the windshield. The driver hunches forward, peering through this tiny window as if navigating a submarine.
This is illegal. Under Illinois law, a person cannot drive a motor vehicle with snow or ice on any window or mirror that materially obstructs the driver's clear view of the highway.
Beyond the obvious visibility issue, this habit creates another hazard: snow missiles. Chunks of ice and packed snow flying off the roof or hood of a car can blind or startle a trailing driver, causing a sudden and severe accident on the Kennedy or Edens Expressway.
Crowding the Plow
It seems like a clever strategy to follow closely behind an Illinois Department of Transportation (IDOT) snowplow to drive on freshly cleared pavement. But this is actually one of the most dangerous things a driver could do.
IDOT warns the public that plow operators have massive blind spots and that their focus is on the road ahead. Following too closely might lead to a rear-end collision with the plow or getting caught in the snow cloud it kicks up, instantly eliminating all visibility. If you tailgate a plow and cause a car accident, you are likely at fault.
The Invincible SUV
Every Chicagoan has witnessed a driver of a large SUV or truck maintaining 70 mph on the Eisenhower Expressway during heavy snowfall. The marketing for all-wheel-drive (AWD) and four-wheel-drive (4WD) systems creates a false sense of security.
The reality is simple physics: AWD helps you accelerate, but it does almost nothing to help you stop or steer on ice. When a 5,000-pound vehicle loses traction, it becomes an uncontrollable force. The legal standard isn't about what your vehicle is capable of, but what a reasonable person would do in the same situation. A reasonable person respects the limitations of their vehicle on an icy road and adapts their behavior accordingly.
The Lane Weaver
Snowfall narrows lanes and creates large snowbanks, reducing maneuverability. Yet, some drivers continue to weave between lanes as if it were a clear summer day.
This behavior sometimes leads to sideswipes, particularly when a driver's blind spot is exacerbated by accumulated snow. It also poses a serious threat to cyclists and pedestrians who are forced further into the street by unplowed sidewalks.
Why Overconfidence Is Not a Legal Defense
Overconfidence is the driving force behind many of the craziest things Chicago drivers do when it snows. It is a mindset that a driver's personal skill or the capabilities of their vehicle can overcome dangerous conditions. In the eyes of the law, this is not a defense; it is an admission of negligence.
The Duty of Care in Winter
Every driver on the road has a fundamental duty of care to operate their vehicle safely. In winter, this duty is heightened.
625 ILCS 5/11-601, the state's general speed restriction statute, states that the posted speed limit is not a safe harbor. The law says a driver has a duty to decrease speed when a hazard exists by reason of weather or highway conditions. Driving 55 mph on a road covered in ice, even if the sign says 55, is a breach of this duty.
What Is a Breach of Duty?
A breach of duty occurs when a driver fails to act as a reasonable person would under similar circumstances. A reasonable person in a Chicago winter:
- Slows down significantly on snowy or icy roads.
- Increases their following distance to allow for longer stopping times.
- Clears their entire vehicle of snow and ice before driving.
- Does not make sudden lane changes or turns.
If a driver fails to take these basic precautions and causes a crash, they have breached their duty of care and are liable for the resulting damages.
Ignoring Official Advisories
When the Illinois State Police issues a Stay Off The Roads advisory, it carries legal weight.
While driving during such an advisory isn't always a crime in itself, it is evidence of negligence in a civil case. Insurance adjusters and juries will question the judgment of someone who chose to drive in hazardous conditions when authorities advised against it. This decision influences how fault is apportioned under Illinois’ comparative negligence rules.
Distracted Driving on Ice
The danger of distracted driving is magnified exponentially on icy roads as the margin for error becomes non-existant. Under Illinois' handheld device ban, using a phone while driving is illegal. Answering a text or scrolling through social media, even for a split second, could be enough to miss the glint of black ice or the sight of brake lights ahead, potentially leading to a devastating and preventable collision.
Investigating the Black Ice Defense
Perhaps the most common excuse used after a winter accident is that the driver hit a patch of black ice and there was nothing they could do. Insurance companies might lean on this defense, attempting to frame the crash as an unavoidable accident caused by a hidden, unpredictable hazard. However, this defense frequently falls apart under scrutiny.
In Chicago, during the winter months, the presence of ice is entirely foreseeable. Black ice, which is a thin, transparent layer of ice, forms on bridges, overpasses, and in shaded areas, even when the main roads seem clear. This includes spots like the multi-level sections of Wacker Drive or the Chicago Skyway.
A driver has a legal duty to anticipate these conditions and adjust their driving accordingly. The claim of being surprised by ice in January in Chicago is thus typically not a credible defense.
How We Prove Negligence
When an at-fault driver blames black ice, a thorough investigation is necessary to uncover the truth. Our practice focuses on gathering the specific evidence needed to demonstrate that the crash was caused by driver error, not the weather.
This includes:
- Electronic Control Module (ECM) Data: A vehicle's ECM, also called a black box, records data like speed, acceleration, and braking in the seconds before impact. This data shows if the driver was speeding or failed to brake, contradicting their claim that they were driving cautiously.
- Meteorological Records: We pull detailed weather reports for the exact time and location of the crash. This data establishes that temperatures were below freezing and that conditions were ripe for ice formation, making the hazard foreseeable.
- Witness Accounts: Finding other drivers who were on the same stretch of road and successfully navigated it is evidence. If ten other cars passed over the same spot without incident, it suggests that the defendant was acting negligently —an analysis a car accident lawyer can use to help establish fault.
The Difficulty of Multi-Car Pileups
Winter conditions on expressways like I-39 commonly lead to massive, chain-reaction pileups involving dozens of vehicles.
Determining fault in these scenarios is difficult. The investigation must identify which driver's initial negligence started the chain reaction and which subsequent drivers failed to maintain a safe following distance. It requires a detailed analysis of each impact to properly apportion liability.
Rideshare and Commercial Drivers in Chicago Snow
The pressure to meet delivery deadlines or pick up passengers leads some professional drivers to take unnecessary risks in the snow.
Whether it is an Amazon delivery van rushing through a residential neighborhood or an Uber driver trying to navigate a slushy side street, professional drivers have the same duty of care as any other motorist. In fact, commercial drivers often have specialized training and higher insurance requirements, factors a personal injury lawyer can use when building a strong injury claim.
If a commercial vehicle, such as a semi-truck, jackknifes on the Dan Ryan Expressway, the investigation involves looking at the driver’s logs and the vehicle’s maintenance records. Large trucks require even more space to stop, and a driver who fails to account for the weight of their load on an icy bridge is negligent—evidence a truck accident lawyer can use to establish liability.
FAQ for Winter Driving Accidents in Chicago
Can I sue the city if a pothole or unplowed road caused my accident?
It is challenging. Cases against municipalities fall under the Illinois Tort Immunity Act. Generally, you must prove that the city had notice of the specific dangerous condition and a reasonable amount of time to correct it but failed to do so.
Is it illegal to drive with snow on my roof in Illinois?
Yes. While there isn't a specific snow on roof law, if the snow obstructs your view or flies off and creates a hazard that endangers other drivers safe, such as passengers, pedestrians, or other drivers, you can be cited under laws like 625 ILCS 5/12-503 for obstruction of view or even for reckless driving.
Who pays for damages in a massive pileup on the expressway?
These are difficult motor vehicle cases as liability is divided among multiple drivers. A detailed accident reconstruction is needed to determine who initiated the first impact and which subsequent drivers were following too closely or driving too fast to stop in time.
Don’t Let Negligent Drivers Blame the Weather
Winter in Chicago is inevitable; being injured by a reckless driver is not. The craziest things Chicago drivers do in the snow are clear acts of negligence that can lead to devastating consequences.
Insurance companies often try to use the weather as a shield, dismissing winter crashes as unavoidable accidents caused by Mother Nature. At Abels & Annes, P.C., we know how to dismantle that defense. We look past the snow and ice to find the speeding, the distraction, and the failure to adapt that may have truly caused the crash.
If you or a loved one has been injured in a winter car accident, let our firm review the facts of your crash. Call Abels & Annes, P.C. today for a free consultation to discuss your options.