Driving in a blizzard presents extreme challenges, including poor visibility, icy roads, and unpredictable traffic conditions. When an accident occurs in these hazardous conditions, determining fault can be complex. Many drivers assume that bad weather absolves them of liability, but the law still requires motorists to exercise caution. Understanding how fault is determined in a winter weather accident is important for protecting your rights, whether you’re filing an insurance claim or pursuing legal action. At Berry Law, we help accident victims navigate these complex cases and fight for the compensation they deserve.
Does Bad Weather Excuse a Driver from Liability?
No. Drivers are still responsible for operating their vehicles safely, even in severe weather conditions. While a blizzard can contribute to an accident, drivers must adjust their speed, increase following distances, and use proper precautions.
A driver may still be found at fault if they:
- Were driving too fast for conditions.
- Failed to use headlights or hazard lights in low visibility.
- Lost control due to aggressive driving (e.g., sudden braking, tailgating).
- Did not clear snow/ice from their vehicle, obstructing visibility.
How is Fault Determined in a Blizzard Accident?
Insurance companies and courts consider several factors when determining fault in a blizzard-related crash:
Traffic Laws and Safe Driving Practices
- Was the driver following posted speed limits adjusted for conditions?
- Did the driver maintain a safe following distance?
- Were headlights, turn signals, and hazard lights used properly?
Comparative Negligence in Winter Accidents
Many states, including Nebraska, follow comparative negligence laws, meaning multiple parties may share fault. For example. in Nebraska:
- A driver going too fast on icy roads may be 70% at fault.
- A driver who suddenly stops without warning may hold 30% of the blame.
If a driver is found to be more than 50% at fault, they may not be able to recover damages from another driver.
Accident Reconstruction & Evidence Collection
Proving fault in a winter accident may require:
- Dashcam or traffic camera footage.
- Eyewitness testimony.
- Weather reports at the time of the crash.
- Skid marks and vehicle damage analysis.
Common Causes of Blizzard Accidents and Who’s Responsible
Winter accidents often involve multiple vehicles and factors. Here’s who may be at fault in common blizzard crash scenarios:
- Rear-End Collisions – The rear driver is usually at fault for following too closely on icy roads.
- Pileups & Multi-Car Crashes – Fault may be shared among multiple drivers.
- Jackknifed Semi-Trucks – Trucking companies may be liable if the driver failed to use chains or winter tires.
- Pedestrian Accidents – Drivers must still yield to pedestrians even in blizzard conditions.
What to Do After a Blizzard Accident
If you are involved in a crash during a blizzard, you may take some steps to protect yourself:
1. Move to Safety – If possible, move your vehicle off the road to avoid further collisions.
2. Call 911 – Report the accident and request emergency responders.
3. Document the Scene – Take photos of vehicle damage, road conditions, and weather visibility.
4. Exchange Information – Collect driver details, insurance, and witness contacts.
5. Seek Medical Attention – Even if you feel fine, injuries from crashes can appear hours later.
6. Consult an Attorney – If the insurance company disputes fault, a lawyer may help protect your claim.
Even in severe weather, drivers are still responsible for safe driving. If you’ve been in a blizzard-related crash, understanding fault and gathering evidence is critical to securing fair compensation. Berry Law is ready to help you navigate the legal process and fight for your rights.
Contact us today for a free case evaluation.
Frequently Asked Questions (FAQs)
1. Can I still be found at fault if I was driving carefully in a blizzard?
Yes. Even if you were driving carefully, insurance adjusters may argue you should have adjusted your speed or handling further.
2. Does insurance cover accidents caused by winter weather?
It depends on your policy. Liability insurance covers damage to others, while collision coverage may cover your own vehicle damage.
3. Who is responsible in a multi-car pileup in a blizzard?
Fault is often shared among multiple drivers, depending on each person’s actions leading up to the crash.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
4. Should I admit fault after a blizzard accident?
No. Never admit fault before an official investigation. Let the evidence determine liability.
5. How can a lawyer help with a blizzard accident claim?
An attorney can investigate fault, negotiate with insurance companies, and fight for fair compensation. Contact Berry Law for a free consultation.
For more information on safe winter driving practices, visit the National Highway Traffic Safety Administration (NHTSA).
