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Car Accidents
Illinois Winter Driving Accidents: Who is Liable for Weather-Related Crashes?
January 6, 2026
6 min read
By Christopher GutierrezKey Takeaways
- Bad weather does not excuse negligent driving
- Drivers must adjust speed and following distance for conditions
- Multiple parties may share liability in winter accidents
- Property owners may be liable for icy parking lots
- Document weather conditions as part of your evidence
Weather Does Not Excuse Negligence
A common misconception is that bad weather means no one is at fault. This is wrong. Drivers are required to adjust their driving to match road conditions. If someone is driving too fast for icy roads and causes an accident, they are still liable.
Common Winter Driving Negligence
In winter weather cases, I often see:
- Driving too fast for conditions
- Following too closely on icy roads
- Failing to clear snow and ice from vehicles
- Bald or improperly maintained tires
- Failure to use headlights in reduced visibility
Property Owner Liability
Property owners in Illinois have a duty to maintain safe premises. If you slip on an icy parking lot or sidewalk, the property owner may be liable. Commercial property owners have higher standards of care than residential owners.
Documenting Winter Accidents
If you are in a winter weather accident, document:
- Road conditions (ice, snow, slush)
- Weather at the time of the accident
- Whether roads had been plowed or salted
- The other driver's speed and behavior
- Any warning signs that were or were not present
Get Help Now
Winter accident cases can be complex because of weather-related questions. An experienced attorney can help establish liability and fight for the compensation you deserve.
Call me at (855) 444-5227 for a free consultation about your winter weather accident.
Frequently Asked Questions
Can I sue if roads were not plowed?
Government entities have limited immunity, but in some cases, they can be held liable for failure to maintain roads. These cases are complex and require quick action due to notice requirements.
What if both drivers made mistakes in bad weather?
Illinois uses comparative negligence, so you can recover damages even if you were partially at fault. Your compensation is reduced by your percentage of fault.
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