How Does Winter Weather Affect Liability in Car Accidents?

You’re driving home from work as snow starts to fall. The road is slick, visibility is dropping, and you’re focused on getting home safely, when suddenly another car slides into your bumper. Most people assume crashes like this are caused by bad weather and no one’s at fault.

But that’s a dangerous misconception. Snow, ice, and blizzards make Nebraska roads more hazardous, and according to the Federal Highway Administration (FHWA), about 12% of all vehicle crashes nationwide are weather-related. Even though conditions can increase risk, they don’t automatically excuse negligent driving or protect a driver from liability.

Nebraska law still expects every driver to operate their vehicle safely and responsibly,  which means adapting their speed, following distance, and decisions to match road conditions.

Here’s how winter weather affects liability in Nebraska car accidents and what you need to know to protect your rights.

Weather Doesn’t Erase the Duty of Care

Every driver has a legal duty to operate their vehicle with reasonable care. This duty doesn’t go away when the temperature drops or the roads are slick.

Courts evaluate each case using the reasonable driver standard, asking whether a reasonably careful person would have acted the same way under the same conditions. A principle defined under Nebraska Revised Statute §25-21,185.09.

Even if snow or ice played a role, drivers who fail to adjust their speed, follow distance, or make decisions about the conditions can still be held negligent. Weather may be a factor, but it’s never a free pass.

How Courts Determine Liability in Winter Crashes

Investigators and courts examine each driver’s actions before the collision when determining fault in a winter accident.

They use evidence like skid marks, dashcam footage, vehicle black box data, weather reports, and witness statements to reconstruct what happened and assess whether each driver acted reasonably under the conditions.

When determining fault, investigators focus on:

• Speed Adjustment: Driving the posted speed limit isn’t always safe. If roads are icy or visibility is low, a reasonable driver would reduce their speed to maintain control.
• Following Distance: Slippery roads increase stopping distances. Tailgating or failing to leave adequate space between vehicles can make a driver liable for a rear-end collision.
• Vehicle Control: Drivers must maintain control of their vehicles. Losing control on ice may still be considered negligence if the driver was traveling too fast or made sudden, unsafe maneuvers.
• Equipment and Maintenance: Negligence can be evidenced by failing to equip a car with winter-appropriate tires, functioning defrosters, or working windshield wipers.
• Driving Decisions: Sometimes, the safest choice is not to drive at all. If severe weather warnings were issued, choosing to travel for non-essential reasons could factor into a finding of liability.

Courts expect drivers to behave differently in January than they would in July. Failing to consider winter conditions can result in legal responsibility for a resulting crash.

Winter Driving Responsibilities

Drivers must adapt their behavior during winter to meet the reasonable driver standard and reduce liability risk.

Responsibilities include:

• Reducing Speed: Drive slower than the posted limit when roads are slick or visibility is poor.
• Increasing Following Distance: Allow at least four to six seconds between your car and the vehicle ahead; more if roads are icy.
• Preparing Your Vehicle: Use winter tires, ensure your brakes and lights function, and keep defrosters, wipers, and washer fluid in good condition. The AAA Winter Driving Checklist provides more winter prep tips.
• Avoiding Unnecessary Travel: If a storm warning is in effect, consider postponing your trip until conditions improve.

Neglecting these steps increases the risk of an accident and could lead to liability if a crash occurs.

Common Winter Accident Scenarios and Liability

Understanding how liability works in specific scenarios can help you see how the law is applied:

• Rear-End Collisions: The following driver is usually at fault, even on icy roads. Depending on the road conditions, drivers must leave enough space to stop safely.
• Multi-Car Pileups: In chain-reaction crashes, multiple drivers may share liability. Each driver’s actions, such as following distance, speed, and reaction time, are examined individually.
• Loss of Control Crashes: If a driver skids into another lane or off the road due to excessive speed, bald tires, or poor vehicle maintenance, they can still be held responsible.

Ultimately, what matters most isn’t the weather itself, but whether each driver’s actions were reasonable given the conditions.

Protect Your Rights After a Winter Accident

In the moments after a winter crash, it’s easy to chalk it up to bad luck: “The roads were icy” or “No one could have avoided it.” But that assumption can cost you.

Liability often depends on how fast the other driver was going, whether they left enough stopping distance, or if their car was properly equipped for the weather.

And even if you feel fine immediately after the collision, that doesn’t mean you’re in the clear; some injuries don’t show up immediately.

Insurance companies use winter conditions as an excuse to deny or reduce your claim. That’s why having an experienced legal team on your side matters. Skilled Nebraska car accident lawyers can investigate what happened, collect evidence of negligence, and push back against attempts to shift the blame.

Don’t let a snowy road or slick intersection become why you’re stuck with medical bills, lost wages, and repair costs. If someone else’s poor decisions caused your crash, you deserve compensation, and the right attorney can help you fight for it.

Contact Mueller, Schmidt, Mulholland & Cooling Today

Winter weather makes driving more hazardous, but it doesn’t excuse negligence. You may be entitled to compensation if you’ve been injured in a collision caused by someone else’s failure to drive safely in snow, ice, or freezing rain.

Contact our experienced Nebraska car accident lawyers today for a free, no-obligation consultation. We’ll review your case, explain your rights, and help you hold negligent drivers accountable.