Utah’s winters are known for breathtaking snowy landscapes and world-class skiing, but the icy roads that come with them also create dangerous driving conditions. Each year, snow, ice, and freezing temperatures contribute to thousands of crashes across the state, particularly in mountainous regions, on I-15, and near ski resort towns.
When a winter driving accident occurs, determining who’s liable can be complicated by the weather. So, who’s responsible when roads turn slick and accidents happen? The answer depends on a variety of factors, from driver behavior to road maintenance and more.
Common Causes of Winter Driving Accidents in Utah
Even the most careful drivers can find themselves in dangerous situations during Utah’s winter months. Accidents are more likely to happen during snowstorms, early morning freezes, and on untreated roads. Some of the most common causes of winter crashes include:
- Driving too fast for conditions: Speed limits are not suggestions, but in winter weather, driving the posted speed may still be unsafe. Drivers are expected to adjust their speed based on road conditions.
- Following too closely: Stopping distances increase dramatically on snow or ice, making tailgating especially hazardous.
- Failure to clear snow and ice: Drivers who don’t properly clear their windshields or headlights can obstruct their vision or cause snow to fly off and hit another vehicle.
- Improper braking or turning: Slamming on the brakes or turning too sharply can cause a vehicle to lose control.
- Poor tire maintenance: Bald or underinflated tires make it harder to grip the road and avoid skids.
Winter driving requires vigilance, preparation, and an understanding of how quickly things can go wrong. But even with care, collisions happen, and when they do, liability must be determined.
Is the Weather to Blame or the Driver?
Many drivers assume that bad weather automatically excuses them from liability, but in Utah, that’s not the case. Adverse weather conditions do not eliminate a driver’s duty to operate their vehicle safely. The law expects drivers to adjust their behavior to match the conditions. That means slowing down, increasing following distance, and using caution on snowy or icy roads.
If a driver loses control because they were speeding on icy pavement or failed to clear their windows, they may still be held responsible, even if the weather played a role in the crash. In many cases, liability in winter driving accidents hinges on whether the driver acted reasonably, given the circumstances.
Comparative Fault in Utah
Utah follows a modified comparative fault rule. This means that more than one party can share liability for an accident, and a person can still recover damages as long as they are less than 50% at fault. If a driver is found to be 49% or less at fault, their compensation is reduced by their percentage of fault.
For example, imagine a situation where:
- Driver A is traveling too fast on icy roads.
- Driver B makes a left turn without checking for oncoming traffic.
If both actions contribute to the crash, a jury or insurance adjuster might assign 60% of the blame to Driver A and 40% to Driver B. In that case, Driver B could recover compensation, reduced by 40%, while Driver A would not be eligible for damages.
This comparative fault system encourages a careful review of all factors in a winter collision, including whether each driver took reasonable precautions for the road conditions.
When Road Conditions and Maintenance Are to Blame
Sometimes, winter accidents aren’t just caused by other drivers; they may also involve poorly maintained roads or negligence on the part of local or state agencies. Utah municipalities are responsible for plowing and salting roadways, especially high-traffic routes. But if a government entity fails to maintain the roads within a reasonable timeframe, and that failure leads to an accident, it could be partially liable.
However, suing a government entity in Utah has its own challenges. There are strict deadlines and procedures under the Utah Governmental Immunity Act, and claimants typically must show that the agency knew, or should have known, about the hazardous condition and failed to address it within a reasonable period.
Other parties that might share liability include:
- Snow removal contractors: If they are hired to clear roads, parking lots, or sidewalks and do so negligently.
- Property owners: When snow and ice are not cleared from private roads or driveways that lead onto public streets.
What About Multi-Vehicle Accidents?
Pileups are unfortunately common in Utah during snowstorms, especially on highways like I-15, I-80, and US-189. Visibility can drop quickly, and icy roads make it harder to stop, turning minor fender-benders into chain-reaction collisions. In these situations, figuring out who’s liable can become very complex.
Each driver’s actions are reviewed individually. Were they following too closely? Did they brake suddenly or swerve? Did someone initially cause a crash that others then slid into? Investigators, insurance adjusters, and sometimes accident reconstruction experts may be needed to determine fault percentages.
Proving Fault in a Winter Driving Crash
Establishing liability after a winter weather accident often requires strong evidence, including:
- Police and crash reports
- Dash cam or surveillance footage
- Eyewitness statements
- Photos of the accident scene, vehicle damage, and road conditions
- Weather reports
- Expert testimony (e.g., accident reconstructionists)
Because icy conditions can cause confusion and conflicting stories, documenting everything after a crash is especially important.
Here’s what you should do after a winter accident, if possible:
- Take photos of road conditions, tire tracks, damage, and the surrounding environment.
- Get contact info from all drivers and any witnesses.
- Report the crash to the police and seek immediate medical attention.
- Avoid discussing fault at the scene or on social media.
Insurance Companies and Winter Accident Claims
Insurance companies often try to argue that the weather, not the driver, is to blame, hoping to limit or deny payouts. They may also argue that you were partially responsible. This is why it’s so important to consult with a lawyer before giving a recorded statement to an adjuster.
In many cases, the insurance company will offer a quick settlement that doesn’t reflect the full cost of your injuries or property damage. Before accepting any offer, consider whether your medical bills, lost wages, pain and suffering, and long-term consequences have truly been accounted for.
Preventing Liability: Tips for Safe Winter Driving
While you can’t control Utah’s weather, you can reduce your risk of being found liable in an accident by taking proactive steps before and during winter driving:
- Equip your vehicle with snow tires or chains if you’re heading into mountainous or high-snowfall areas.
- Keep your distance from other vehicles and allow more time to stop.
- Clear your entire vehicle of snow and ice before driving. That includes your windows, mirrors, roof, lights, and hood.
- Avoid distractions and keep both hands on the wheel.
- Slow down, even if you’re running late or the roads “look” clear.
When you do everything right and still get hurt in a winter accident due to someone else’s negligence, you may be entitled to compensation.
When to Contact a Utah Car Accident Lawyer
If you’ve been injured in a winter driving accident and believe someone else may be at fault, even partially, it’s critical to speak with an experienced Utah car accident lawyer as soon as possible. Liability in these cases can be difficult to prove without the right legal strategy and evidence. Your attorney can investigate the crash, deal with insurance companies on your behalf, and help you seek the compensation you deserve.
Don’t wait to get help. The sooner you take action, the better your chances of building a strong claim. Call Flickinger• Boulton • Robson • Weeks today at (801) 500-4000 for a free consultation. We’re here to help you navigate Utah’s winter roads legally and safely.
