When an 80,000-pound semi-truck loses control on an icy stretch of I-90 or I-94, the resulting collision is rarely just bad luck. Commercial truck drivers are held to a higher standard than ordinary motorists under federal law, and that standard gets stricter, not more lenient, when winter weather sets in.
The Federal Motor Carrier Safety Regulations require commercial drivers to adjust their speed and operation for hazardous conditions, and if conditions become dangerous enough, to stop driving altogether. This legal obligation is designed to protect everyone sharing the road with vehicles that can weigh 20 times more than a passenger car and need far longer distances to stop on slick pavement.
After a winter crash, you may hear the trucking company or its insurer point to the weather as the cause. But federal regulators anticipated exactly this scenario, and the regulations account for it. Snow in the Midwest between November and March is not an unforeseeable event—it's a given. The question isn't whether conditions were dangerous; it's whether the driver responded to those conditions the way federal law requires.
If you have a question about a crash on I-90 or I-94, call us today for a clear understanding of your options.
Key Takeaways for Winter Truck Accidents
- Professional drivers must discontinue operations when conditions become sufficiently dangerous. Federal law requires extreme caution and mandates that trucks pull off the road if snow or ice makes driving unsafe.
- The weather defense is rarely a valid excuse for a commercial collision. Because winter weather on I-90 and I-94 is foreseeable, trucking companies are expected to plan for and manage these hazards rather than blaming them after a crash.
- Electronic data from the truck provides objective evidence of driver error. We prioritize securing black box data and electronic logs to prove if a driver was speeding or violating safety protocols during a storm.
The Freight Backbone in Winter: Why I-90 and I-94 Are High-Risk Corridors
Interstates 90 and 94 serve as the economic lifelines of the Upper Midwest. This means freight traffic between Chicago, Wisconsin, Minnesota, and the Plains never stops, even when the rest of the region is shutting down for a blizzard. This constant flow of semi-truck traffic creates a uniquely dangerous environment during the winter months.
The open plains of Minnesota and the Dakotas are susceptible to high winds and ground blizzards. Further east, lake-effect snow regularly buries stretches of I-94 in Indiana and Michigan. The results of this combination of heavy truck traffic and severe weather are predictable and devastating.
Unlike passenger cars, commercial pressures typically encourage truck drivers to push through storms to meet tight delivery windows. This decision leads to the jackknifes and chain-reaction crashes that agencies like the Minnesota Department of Transportation and the Wisconsin State Patrol document every year.
The Weather Defense vs. Professional Negligence
After a crash, you will expect the trucking company’s insurance adjuster to call. Their argument will almost certainly be that the collision was an unavoidable Act of God, caused by sudden black ice or whiteout conditions that nobody could have anticipated.
This defense is designed to suggest that no one is at fault. If no one is at fault, no one is liable, and you are left to deal with your medical bills, lost wages, and destroyed vehicle on your own. This is where understanding the legal standard of care for professional drivers becomes your most powerful tool.
Drivers with a Commercial Driver’s License (CDL) are trained professionals held to a higher standard. They are taught how to handle their rigs in adverse conditions. The argument that weather was the sole cause of a crash regularly falls apart under scrutiny. In fact, research from the FMCSA has shown that driver error is a factor in the vast majority of large truck crashes, while purely environmental causes account for a very small percentage.
Illinois Law Demands Slower Speeds for Winter Truck Accidents
The posted speed limit is a maximum for ideal conditions. When the road is icy or visibility is poor, the legal speed is whatever is reasonable and prudent for the situation.
In Illinois, 625 ILCS 5/11‑601(a) states that the fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when a special hazard exists by reason of weather or highway conditions.
The concept of foreseeability is key here. As we alluded to earlier, a blizzard on I-90 in January is not a surprise. Plus, weather forecasts provide days of advance warning. A professional driver and their company have a duty to monitor these forecasts and plan their routes accordingly. The bottom line is that a sudden whiteout is rarely sudden to a prudent professional who is doing their job correctly.
Federal Regulations: When Trucks Must Get Off the Road
Federal law also demands caution. The FMCSRs contain specific rules for Adverse Driving Conditions, and a failure to follow these rules is evidence of negligence.
The most direct rule is 49 C.F.R. § 392.14. This regulation states that extreme caution must be used when conditions like snow, ice, or fog affect traction or visibility. It goes further, mandating that if conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued. This means that a driver who continues on through a blizzard violates federal law before a crash even happens.
The Hours-of-Service Loophole That Is Not Valid
Trucking companies sometimes try to misuse a different regulation to their advantage. The adverse driving conditions exception, found in 49 C.F.R. § 395.1(b)(1), allows a driver to extend their daily driving limit by up to two hours if they encounter unexpected weather or traffic. Some companies and drivers see this as a green light to power through a storm to make up for lost time.
However, this is a misinterpretation of the rule's intent. The exception is meant to allow a driver who is already on the road when an unforeseeable condition arises to reach a safe place to stop, not to keep driving for an extended period in dangerous weather. Using this exception to push a schedule instead of prioritizing safety constitutes negligence.
Equipment Violations in Winter Conditions
Federal regulations also govern the condition of the truck itself. Under 49 C.F.R. § 393.75, tires must have a minimum tread depth. A tire with tread that is legally sufficient in July is dangerously inadequate for an icy road in February. Operating a commercial vehicle with worn tires in predictable winter weather is a clear breach of the duty to maintain equipment in a safe condition.
Common Types of Winter Truck Crashes and Liability Analysis
In winter conditions, certain types of truck accidents are more frequent, and each points toward specific forms of driver negligence.
- Jackknifing: This occurs when the tractor and trailer fold in on themselves, typically blocking multiple lanes of traffic. It is frequently caused by braking too hard on a slick surface or taking a curve too fast. An empty or lightly loaded trailer is more susceptible because it has less traction, a fact every professional driver knows. High wind gusts along I-90 exacerbate this, but a professional driver is expected to account for wind as a known hazard.
- Rear-End Collisions in Slowdowns: Traffic on I-90 and I-94 slows for snowplows or a previous incident. A fully loaded semi-truck needs a much greater distance to stop on ice than a passenger car. A rear-end collision in these situations typically points to the trucker following too closely for the conditions, a violation of laws like Illinois' 625 ILCS 5/11‑710, or simply driving too fast.
- Underride Crashes: In whiteout conditions, visibility drops to near zero. Trucks become virtually invisible if their lights and reflective tape are covered in road grime and snow. An underride crash, where a smaller vehicle goes under the trailer, happens when a passenger car driver has no way of seeing the truck ahead of them. The failure to keep lights and reflectors clean is a maintenance violation.
- Multi-Vehicle Pileups: Catastrophic chain-reaction crashes begin with a single negligent act. In a 40-car pileup, determining who caused the initial impact is a difficult task. It requires accident reconstructionists to analyze physical evidence and vehicle data to trace the sequence of events back to the first at-fault driver
Comparative Negligence: What If You Were Sliding Too?
Insurance adjusters for the trucking company will scrutinize your actions. They may ask if you were driving too fast for conditions, if you had your headlights on, or if you spun out on the ice first. Their goal is to shift blame onto you to reduce or deny your claim.
Illinois uses a system called modified comparative negligence. This rule means you may recover truck accident damages as long as you are not found to be more than 50% at fault for the crash. Your final compensation award is then reduced by your percentage of fault.
Fighting back against these allegations requires a clear distinction between the duties of a regular motorist and a professional truck driver. While every driver must be cautious in winter, the law holds the CDL holder in the 80,000-pound vehicle to a significantly higher standard of care. We gather the evidence necessary to ensure no amount of blame is unfairly put onto you.
FAQ for Winter Truck Accidents on I-90/I-94
Can I sue the trucking company if a No Travel Advisory was in effect?
Yes. The fact that a No Travel Advisory was issued strengthens your case, as it serves as official notice that conditions were dangerous. A commercial driver choosing to operate in defiance of such an advisory is strong evidence of negligence.
What happens if I was involved in a massive pileup and don't know which truck hit me?
These cases are difficult because they involve hiring accident reconstruction experts to analyze the crash sequence. Under legal principles like joint and several liability, it is possible to hold multiple negligent parties responsible for the entirety of your damages.
Does the trucking company pay for the damage if the driver jackknifed due to wind?
Wind is a foreseeable and well-known hazard, especially on open stretches of I-90. Professional drivers are trained to handle crosswinds and are required to slow down or stop if the wind is strong enough to make driving unsafe, particularly with a light or empty trailer. Blaming the wind is another version of the weather defense that regularly does not hold up.
My car is totaled and I’m hurt; who pays my medical bills while the investigation happens?
Initially, your own insurance typically covers medical bills through MedPay or Personal Injury Protection (PIP), depending on your policy. Your health insurance may also cover costs. A personal injury lawyer can help ensure these insurers properly seek reimbursement from the at-fault trucking company’s insurance through subrogation as part of the final settlement.
Is the state liable for not plowing the interstate fast enough?
Generally, no. Government entities are protected by the principle of sovereign immunity, which provides broad protection from lawsuits related to discretionary functions like the timing of plowing and salting operations. While there are very narrow exceptions, claims against negligent drivers are the most viable path to compensation.
You Are Not at the Mercy of the Weather
Winter storms on I-90 and I-94 demand a higher level of caution and responsibility from everyone, especially professional truck drivers. When they choose speed over safety, they are breaking rules designed to prevent catastrophe.
Our truck accident lawyers at Abels & Annes, P.C. know how to investigate these difficult cases. We understand how to obtain the ECM data, weather reports, dispatch logs, and other evidence needed to prove that a truck crash was not an unavoidable act of nature, but a preventable failure of professional duty.
Do not let the fear of a complicated investigation stop you from seeking the compensation you need to recover. If you were injured in a winter truck crash, let us review the facts of your case. Call us today to discuss your next steps.
David Abels
Partner | Personal Injury Lawyer | Abels & Annes, P.C.
David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.
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