Can Weather-Related Crashes Still Result in Liability Claims in Illinois?

 Posted on January 30, 2026 in Car Accidents

Bad weather makes driving more dangerous, but it does not automatically excuse careless behavior. Snow, ice, heavy rain, and fog are common in Illinois, especially in and around Chicago. Weather-related crashes are also far from rare. Federal Highway Administration road safety data shows that weather conditions contribute to about 12 percent of all vehicle crashes nationwide. Regardless, drivers are still expected to adjust how they drive when conditions are unsafe. 

As of 2026, Illinois courts continue to hold drivers accountable for motor vehicle accidents when they drive negligently under difficult weather conditions. Our Chicago, IL car accident lawyers can help you understand how negligence works in your case and help you build a strong claim.

Can Weather-Related Crashes Still Result in Liability in Illinois?

Bad weather does not remove a driver’s legal responsibility to drive safely. Illinois law expects drivers to change their behavior when road conditions become dangerous.

If a driver speeds, follows too closely, or loses control because they did not slow down or adjust in bad weather, they may still be legally responsible for a crash. Liability depends on whether the driver acted reasonably under the conditions at the time.

How Does Illinois Law Treat Weather-Related Accidents?

Illinois law focuses on reasonable care for personal injury cases. For example, under 625 ILCS 5/11-601, drivers must operate their vehicles at a speed that is reasonable and proper based on traffic, road, and weather conditions. Driving at the posted speed limit can still be unsafe during snowstorms, freezing rain, or heavy downpours. This means weather does not excuse a crash if a driver’s choices made the situation worse.

What Driver Behaviors Commonly Lead to Liability in Bad Weather?

Certain driving behaviors appear again and again in weather-related crashes. These actions often show that a driver failed to adjust to known risks.

Common examples include:

• Driving too fast on icy, snowy, or wet roads

• Following other vehicles too closely

• Failing to brake or steer carefully on slick surfaces

When these behaviors cause a collision, weather alone will not protect the driver from liability.

Can a Driver Be Liable Even if Roads Were Poorly Maintained?

Drivers are still expected to recognize hazards and respond carefully, even when roads are in poor condition.

In some cases, responsibility may extend beyond the driver. A government agency or road contractor may share fault if unsafe road conditions played a major role. These claims are more complex and often involve strict notice rules and shorter deadlines.

What Role Does Following Distance Play in Weather Crashes?

Following distance becomes especially important during bad weather. Under 625 ILCS 5/11-710, drivers must not follow another vehicle more closely than is reasonable and prudent.

Wet or icy roads increase stopping distance. Rear-end crashes during rain or snow often involve drivers who failed to leave enough space, which can strongly support a liability claim.

Does Losing Control Automatically Mean a Driver Is at Fault?

Losing control does not always indicate fault, but it often raises serious questions. Losing control may suggest that a driver was traveling too fast for conditions or did not react properly to reduced traction or visibility.

Illinois courts look at the full situation, including speed, road conditions, visibility, and driver response. If careful driving could have prevented the loss of control, liability may still apply.

How Is Fault Decided When Weather Is a Factor in Illinois?

Illinois follows a modified comparative fault system. Under 735 ILCS 5/2-1116, an injured person can recover damages as long as they are not more than 50 percent at fault.

This means fault can be shared. Even if the weather played a role, a negligent driver may still owe compensation if their actions were a significant cause of the crash.

Your attorney can investigate what happened, identify signs of negligence, and work to support your claim.

Schedule a Free Consultation With Our Chicago, IL Car Accident Attorneys

Weather-related crashes can still involve legal responsibility, even when road conditions are poor. An experienced attorney can help determine whether negligence played a role and what options may be available. At Winters Salzetta O'Brien & Richardson, LLC, we use a team-based approach that brings together attorneys from different backgrounds to review each case carefully. This allows us to look at accidents from multiple angles and build strong, well-supported claims.

To learn more, call 312-236-6324 to schedule a free consultation with our Chicago, IL car accident lawyers and take the first step toward the compensation you deserve.