Black Ice Car Accidents: Who Pays for Black Ice Crash Injuries?

Nearly 70% of America’s roads lie in areas that get five inches of snow annually, on average. That means at some point or another, you’re bound to encounter a patch of black ice on the street. Black ice is particularly dangerous because unlike its name implies, it’s invisible to drivers, cyclists, and pedestrians. And unfortunately, your car insurance provider may decide that you are responsible for any bills from black ice car accidents.

Keep reading to learn why, how to reduce icy road crash risks, and when to call an auto accident attorney.

Navigating Black Ice Car Accident Claims: Key Takeaways

• 76% of U.S. drivers surveyed in 2021 had encountered black ice on a roadway.
• You’re about 14x more likely to die in an icy road crash than from heat exposure, according to Federal Highway Administration data.
• Insurance companies can hold at-fault drivers liable for black ice car crashes. This means there’s a chance your insurance provider may refuse to cover your accident costs.
• An auto accident lawyer can review your case for free and potentially reduce your share of liability for a multiple-car collision.

What Causes Black Ice?

Drivers should watch out for invisible ice patches when temperatures are just above or below freezing (32 degrees). Specific weather factors that can cause this particularly dangerous type of road condition include:

• Fog or mist condensation settling on road surfaces
• Light rain that freezes in thin layers, which makes it invisible to the eye
• Melting snow or ice that refreezes overnight

Is Black Ice Dangerous?

Yes. Studies show that car accidents due to black ice cause four times as many fatalities as snowy roadway conditions.

Some of the most dangerous roads in America for wintertime black ice car accidents are in the following 10 states:

1. North Dakota
2. Mississippi
3. Kentucky
4. Minnesota
5. North Carolina
6. Michigan
7. Iowa
8. West Virginia
9. Nevada
10. Alaska

When and Where Is Black Ice Likely to Occur and Cause Hazardous Driving Conditions?

This dangerously clear layer of ice is more likely to form on:

• Bridges, since cold air can travel both above and below the paved surface
• Overpasses, since air tends to be colder at higher elevations
• Shaded roads or areas that don’t receive direct sunlight during daytime hours
• Tunnel entrances
• Intersections, where cars tend to idle and exhaust fumes can refreeze on roads
• Less-traveled or rural roads that aren’t sanded or salted to increase traction

And you’re most likely to encounter patches of invisible ice on roads during:

• Early morning or evening hours as the sun sets or rises
• Rapid temperature drops during late fall or early spring months, especially if it’s rainy out

Common Traffic Crashes That Happen on Icy Roads

Losing control of your vehicle on an icy street can lead to these types of accidents:

• Fishtailing or spinouts
• Pileups involving multiple cars or commercial trucks
• Rear-end collisions
• Rollover accidents
• Striking a tree, parked vehicle, building, or other stationary object

Tips for Driving on Black Ice & Common Mistakes to Avoid

Understanding what you’re up against can better protect you against serious injury or death. To stay safer on icy roads, always buckle up, follow these helpful tips, and know what mistakes to avoid.

Safety Tips for Minimizing Black Ice Car Accident Risks

• Check local weather and road conditions before you head out. Knowing when conditions will become most hazardous can help you time short trips to avoid potential accidents. You can always call 511 or visit your state’s Department of Transportation website for helpful updates.
• Update your emergency kit. You’ll want to have a flashlight, batteries, water, blanket, scraper, shovel, bag of cat litter, booster cables, etc. somewhere handy.
• Ready your vehicle. Do you have plenty of windshield wiper fluid? Are your front and rear lights fully functional? Make sure your tires have sufficient tread and air in them and your car battery’s in good working order. Scrape any snow or ice off your vehicle before you start driving. Finally, add snow tires or chains, if needed.
• Leave plenty of space around you for other drivers. Give yourself enough distance to slow down, change lanes, complete turns, and avoid disabled cars.
• Watch out for shiny patches on the road. These may be less visible at night, but black ice can cause wrecks in the daytime, too.
• Steer in the direction you want the vehicle to go if you begin to slide. Don’t panic if your tires lose traction on the road. Instead, calmly lift your foot off the gas pedal and let the vehicle slow down naturally while steering into it.
• Avoid unnecessary distractions. For me, that means turning the radio off (or down) and not eating or drinking while driving. Ask passengers to stay quiet or plan alternate routes in case the road ahead becomes treacherous.
• Use your headlights. Turning your lights on low for daytime driving may help you see and ultimately avoid occasional slick spots. You can also use your high beams at night for extra visibility with other drivers present.

Mistakes to Avoid in Icy Conditions

Here are some things you should avoid if you hit an icy patch on the road:

• Speeding. Aim to drive at least 10 miles below the posted speed limit, or even slower in low visibility conditions.
• Sudden steering wheel movements. You’re far more likely to spin out if you try to change lanes or turn quickly.
• Hard braking. Never slam on the brakes if the roads are slippery, especially if ice causes your tires to lose traction.
• Cruise control. While convenient on road trips, you want to be in full control of your vehicle’s speed and direction at all times.

Important: If you wreck your car, do not exit the vehicle or stand in the road if you can see more traffic approaching. Your car can likely survive a direct impact from another vehicle, but you might not.

Does Insurance Cover Car Accidents Caused by Black Ice?

Whether your car insurance provider will cover your accident costs after an icy crash depends on a few different factors:

• Type of car insurance coverage. If you have collision or liability coverage, then you’re much more likely to recoup your accident costs.
• Assigned liability. If you’re in a single-car accident, your insurer will likely find you to blame for the wreck. But if many vehicles are in a multi-car pileup, determining who’s responsible becomes more complex.
• At-fault vs. no-fault state. The state where your auto accident occurs can also affect whose insurance pays for what, and how much.
• Proof of negligence. Showing other drivers were speeding, driving recklessly, or failed to signal can be challenging without a lawyer handling your claim.

Determining Who’s Legally Responsible for Black Ice Car Accidents

Generally, any drivers who lose traction while driving on ice are legally responsible for causing a single-car accident. In cases like these, your collision coverage may pay for your damages, depending on your state and policy amount. Insurers do not blame icy roads for accidents involving multiple vehicles, either. Instead, they find one or more drivers at fault, depending on the evidence provided to support your claim.

Sometimes, a municipality or organization may be legally liable for your ice-related traffic accident. This may apply if the police report names any of the following as a factor in causing your accident:

• Failing to remove weather-related road debris in a timely manner (i.e., downed signs, tree branches, clearing dead wildlife, etc.)
• Poorly designed public roads (such as allowing water to pool and freeze due to improper drainage)
• Failing to properly maintain a street, highway or toll road (i.e., not sanding or salting them ahead of winter storms)

When You Do (or Don’t) Need an Auto Accident Attorney

If another driver strikes your vehicle on an icy road and injures you, talk to an attorney about your claim. All auto accident lawyers offer free, no-obligation case evaluations to potential clients.

However, if you’re hurt after skidding into a tree, parked car, or other stationary object, an attorney won’t be helpful.

How to Get a Free Consultation Through LegalASAP About Your Car Accident Claim

If you’re hurt in an accident on icy roads this winter and don’t have money for medical bills, we can help. Let LegalASAP connect you with a nearby car accident lawyer who specializes in weather-related injury claims. Our nationwide network includes hundreds of law firms covering different practice areas from coast to coast.

Insurance Research Council data shows 51% of injury claims settled with insurers get compensation vs. 91% with attorney representation. And people who work with an attorney typically keep 3x more cash from their claim payout, even after legal fees.

Even better news: If you don’t win, you pay $0 in legal fees to your lawyer.

Why risk having to pay for your car repairs and medical bills out of your own pocket? Sign up for a free consultation or call 1-888-927-3080 to speak to one of our claim advocates today.

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