Determining Liability in Multi-Vehicle Winter Car Crashes

 Posted on November 26, 2024 in Car Accidents

At least 70 percent of the nation’s roads are located in regions that receive more than five inches of snowfall each year.  When the pavement is snowy or icy, vehicles are less easy to maneuver, speeds are slower, and the risk of a collision increases. Reduced visibility is another factor in collisions on snow and ice. Almost one-fourth of all weather-related vehicle collisions occur on snowy, slushy, or icy roadways, killing 1,300 people a year and injuring another 116,800 on average.

When winter arrives and the roads get icy, not only is it exceptionally easy to slide and hit another car, but it is just as easy for one accident to escalate into several more as drivers are unable to stop. It can be difficult to determine liability in motor vehicle accidents like these. While such accidents are usually at lower speeds, they can still cause real damage to vehicles and injuries to those inside.   

If you are involved in a multi-car winter weather accident, you may be uncertain how to determine liability so that you can obtain a settlement for your damages. Speaking to a knowledgeable Plainfield, IL personal injury lawyer from Flaherty Law, LLC can help determine who is liable for the accident and ensure you receive an equitable settlement.

What Causes Winter Weather Multi-Car Accidents?

In some cases, one car may be driving too fast for the road conditions when the weather is icy or snowy. The driver who is driving too fast unexpectedly comes upon another car driving slower and slams into it. The car that was hit then hits the car in front, and so on. If drivers are not leaving sufficient space between themselves and the next vehicle, this type of accident can escalate quickly.

Attempting to stop on an icy highway is an exercise in futility. Slamming on the brakes only makes a car skid, regardless of whether it is two-wheel drive, four-wheel drive, or all-wheel drive. Poor visibility contributes to such an accident, and once the accident occurs, it can be difficult – if not impossible – to get the damaged cars out of the way so they will not be hit again.

How is Liability Determined in These Winter Multi-Car Accidents?

If the weather is exceptionally bad, not only may the cars involved in the original accident be unable to move to a safe location, but it can also take much longer for police and ambulance services to arrive. These are extremely dangerous accidents for all those involved. Determining liability can depend heavily on the chain of events.

Which vehicle initiated the chain reaction? How did the subsequent driver react to the initial accident? If the first vehicle was traveling too fast for the weather conditions, the subsequent vehicle collisions are usually just collateral damage. In this instance, the first vehicle's driver could be held liable.  

But what if the first vehicle was not speeding, topped a hill, and slammed into a stopped vehicle, causing the vehicles behind the first vehicle to be involved in the multi-car accident? Whether the stopped vehicle would be liable depends on why the driver stopped. Did his or her car stall? Was the driver attempting to avoid another vehicle or a person?

Illinois is a modified comparative negligence state, which means an injured party may recover damages only if he or she is less than 50 percent at fault for the injury or damages. The recovered amount will be reduced in proportion to the degree to which the injured party was at fault.  Determining fault may come down to:

• A police report (if it exists)
• Eyewitness accounts
• Any video evidence from a dash cam or another video camera
• Expert testimony from an accident reconstruction specialist
• A full investigation
• The insurance coverage of each driver

Contact a Will County, IL Auto Accident Lawyer

Determining liability following a winter multi-car accident is complex. When you understand the factors involved, know your rights, and have an experienced Plainfield, IL auto accident attorney by your side, a fair outcome is much more likely. Attorney Daniel Flaherty began his career in insurance defense litigation, giving him exceptional insight into determining liability. Contact Flaherty Law, LLC at 815-577-7500 to schedule your free consultation.