Is black ice an at-fault accident? Understanding liability in Illinois
Motor Vehicles Accidents - March 3, 2025
Yes, in most cases, a driver is still considered at fault in a black ice accident under Illinois law. Drivers are responsible for maintaining control of their vehicle, regardless of road conditions. However, liability in these cases can be complex, as drivers may argue that icy roads were beyond their control.
At Horwitz, Horwitz & Associates, our Chicago car accident attorneys help injured victims understand their rights and pursue compensation when winter road conditions lead to accidents. This guide will explain how black ice impacts fault determination, Illinois negligence laws, and what steps you should take if you’ve been involved in a black ice-related accident.
What is black ice, and why is it dangerous?
Black ice forms when a thin layer of ice develops on the road, often appearing invisible or blending into the pavement. This type of ice is especially hazardous because:
- It often forms overnight or in early morning hours.
- It can be found on bridges, overpasses, and shaded areas.
- It causes vehicles to skid uncontrollably, leading to crashes.
Because black ice is difficult to see, many drivers lose control unexpectedly, which raises questions about liability in accidents.
How liability is determined in a black ice accident
Duty of care and negligence
Illinois drivers have a legal duty of care to operate their vehicles safely. Under Illinois negligence laws, a driver may be held liable if they:
- Drove too fast for the conditions.
- Failed to brake or steer properly.
- Did not maintain safe following distances.
If a driver loses control on black ice and causes an accident, they may be considered negligent and at fault.
Comparative negligence in Illinois
Illinois follows a modified comparative negligence rule (735 ILCS 5/2-1116), which means:
- If a driver is less than 50% at fault, they can recover compensation, but their damages will be reduced by their percentage of fault.
- If a driver is 50% or more at fault, they cannot recover damages.
For example, if one driver was speeding and another failed to brake on black ice, both may share responsibility for the crash.
Exceptions: When black ice might not lead to fault
In rare cases, a driver might not be held fully responsible for a black ice accident, such as:
- Municipal negligence: If a city or state agency failed to treat roads properly, they could share liability.
- Sudden emergency doctrine: If a driver encountered an unavoidable and unexpected patch of black ice despite taking all reasonable precautions, they may argue that they were not negligent.
However, these defenses are difficult to prove without strong evidence and legal representation.
Who can be liable in a black ice accident?
Depending on the circumstances, multiple parties may share liability in a black ice-related accident:
The driver who lost control
Most often, the driver who lost control on black ice is held responsible for:
- Rear-end collisions.
- Multi-car pileups.
- Skidding into oncoming traffic.
Government entities (in limited cases)
Cities and municipalities are responsible for road maintenance and snow removal. Under Illinois’ Local Governmental and Governmental Employees Tort Immunity Act, government agencies have some immunity but may be liable if they failed to maintain road safety or did not respond appropriately to weather conditions.
Other negligent drivers
If another driver was:
- Speeding, tailgating, or distracted, contributing to the crash, they may be partially or fully at fault.
Property owners (if on private property)
If a parking lot or private road was not properly salted, the property owner could be liable for failing to address known icy conditions.
How Horwitz, Horwitz & Associates can help
At Horwitz, Horwitz & Associates, we understand the complexities of black ice accident claims and fight to secure the maximum compensation for our clients. Our legal team will:
- Investigate road conditions and determine liability.
- Challenge unfair fault determinations from insurance companies.
- Negotiate settlements to cover medical bills, lost wages, and pain and suffering.
- Pursue litigation if necessary to protect your rights.
Don’t let icy road conditions burden you financially—let us help you get the compensation you deserve.
If you’ve been injured in a black ice accident, contact Horwitz, Horwitz & Associates today at (800) 985-1819 for a free consultation. Our experienced Illinois car accident attorneys will evaluate your case and fight to ensure you receive the compensation you deserve.
Related article for further reading
