Practice

Blog

News

Library

Auto Accidents and Inclement Weather

There are numerous factors which can cause auto accidents in Illinois. The majority of those factors can be traced to the party who is responsible for the crash and any resulting injuries or deaths. For example, if a driver runs a red light and crashes into a vehicle in an intersection, then he or she will be to blame for the collision. Also, if an 18-wheeler overturns in front of three cars who all slam into the tractor-trailer, then the truck driver and his or her employer will be held liable for the consequences. And if a railroad signal malfunctions and fails to warn a driver of an oncoming train, then the municipality in which the incident took place may be forced to compensate the victims of any resulting auto-train collision.

And then there's inclement weather, which is an issue cited in many police reports about collisions. Icy roads, rainy streets, or foggy conditions can increase the chances of auto accidents taking place. But obviously, drivers cannot sue Mother Nature for a crash.

However, some people may wonder if they can make inclement weather-related claims in personal injury lawsuits or wrongful death lawsuits pertaining to motor vehicle collisions. Here are some common questions regarding this issue:

• If a high school or college decides not to cancel classes on a snowy day and a student gets involved in an accident while driving to school, can the victim sue the school district for negligence?
• If a company does not tell its workers to stay home due to inclement weather, and one of them is injured in an auto accident while driving to work, can he or she sue their employer?
• If a highway or roadway is not properly salted after an ice storm and a driver is involved in a crash, can he or she sue the city or state?
• If no warning signs are posted in an area where water accumulates during heavy rains, and a motorist drives into high water and drowns, can his or her surviving family members sue the city or state for wrongful death?
• If inclement weather necessitates a road closure and a motorist is forced to take an alternate route, and the driver is injured in an auto accident, can the victim sue the authorities which ordered the road closure?

While every case is different, the probable answer to all of these questions is no.

Auto accident victims usually cannot file a lawsuit against an entity for an accident which occurs during inclement weather.

The law assumes that drivers take responsibility for the safety of themselves and their passengers if they choose to operate a motor vehicle in foul weather.

Therefore, if you feel that your safety would be compromised if you were to drive in a rain, snow, or ice storm, then simply don't get behind the wheel. Stay home from work or school or put off your trip until the weather clears and the roads are safe again.

A qualified auto accident attorney can answer your questions about the relevance of inclement weather in any potential auto accident lawsuit.



The Law Offices of
Barry G. Doyle, P.C.
5215 Old Orchard Road
Suite 710
Skokie, IL 60077
Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Offices

Videos

FAQ