Your Legal Duty to Remove Snow and Ice from Vehicles
| Matt Broughton was featured on Roanoke news station WSLS 10 about the dangers of snow and ice falling from vehicles and how Virginia’s negligence laws apply. |
In the wintertime, weather advisories are often issued cautioning drivers to be extremely careful on roads and interstates. Snow and ice on these surfaces can result in extremely low friction between the tire and the pavement, often resulting in horrible crashes and sometimes involving serious bodily injury or death.
Unfortunately, it is not only the snow and ice on the road surfaces that pose a substantial danger. Snow and ice left on a vehicle – such as a car, tractor-trailer, bus, or RV – can be the source of a catastrophic accident. Snow and ice can weigh a tremendous amount and be in a very hard solid state. As the vehicle accelerates, the wind will begin to try and separate the snow and ice from the top of the vehicle. When this occurs, the snow and ice can be flipped backwards off the vehicle, going through the air and causing vehicles behind it to attempt evasive action, which can result in a serious crash. The snow and ice sometimes strikes the vehicle and penetrates the windshield, thereby causing immediate injury to the occupants of the vehicle and often resulting in a secondary crash when the operator loses control. In two reported cases, the driver of the vehicle struck by snow and ice suffered serious eye injuries – with one becoming completely blind in one eye.[1]
Both traffic laws and civil negligence law require motorists to remove snow and ice from their vehicles.
I. Traffic Laws Requiring Removal of Snow & Ice from Vehicles
Many states have traffic laws designed to keep drivers from taking or failing to take any action when it comes to objects obstructing vision out of their vehicle. Under Virginia law, it is illegal for a driver to allow objects to “substantially obstruct the driver’s clear view of the highway through the windshield, the front side windows, or the rear window.”[2] Obviously, snow and ice would qualify for this prohibition. Therefore, under Virginia law, snow and ice must be cleaned off of these surfaces before operating the vehicle. Failure to do so can result in a traffic infraction, a fine up to $250, and court costs.[3]
II. Civil Obligation to Remove Snow & Ice from Vehicles
If snow or ice breaks loose from a vehicle, causing another vehicle to crash or its occupants to be injured, then the driver who failed to properly clean the vehicle (and/or his or her company) can be sued and held liable for any personal injury and property damages caused by the failure to remove the snow and ice. This is negligence, just like a driver who rear-ends another motorist or a driver who runs a red light and T-bones another motorist. Therefore, all Virginia motorists have a civil legal obligation to reasonably remove snow, ice, and any other dangerous and unsecured objects from their vehicle that may cause injury to others when the vehicle is in operation. Motor vehicles of all shapes and sizes can and must be rendered free of snow and ice prior to operation.
A. What to Do if You or Your Vehicle are Injured from Snow/Ice Falling from Another Vehicle
If you are a victim of the negligence of another driver who failed to properly clean the surface of their car, truck, etc., prior to using the roads and highway, you should immediately do the following:
- Call the police and report the accident;
- Contact emergency services and get the help you and/or your passengers need for any injuries you suffered;
- Attempt to get the name and/or the description of the vehicle and/or driver of the vehicle from which the snow or ice originated;
- Contact your insurance company to advise them of the accident and of your need for towing, a rental vehicle, and potentially vehicle repair; and
- Contact a personal injury attorney experienced in handling negligence cases resulting from similar situations.
B. What to Do if You Cannot Identify the Negligent Driver
Frequently, the driver and passengers of the victim’s vehicle often have no idea of the identity of the vehicle from which the ice or snow broke loose and caused the accident. The at-fault driver then becomes a “John Doe.” You obviously cannot seek compensatory damages from someone you cannot identify or locate. However, our law provides for a very powerful cure for that problem. A portion of your auto insurance policy is designed specifically for this purpose. It is called Uninsured Motorist Coverage (UM).
If you have a Virginia insurance policy, then you are already paying for this benefit because all Virginia auto insurance policies have some level of uninsured motorist coverage by default.[4] All Virginia auto insurance policies issued or renewed on or after January 1, 2025 will have at least $50,000 in uninsured motorist coverage.[5]
The way this works is that you file a lawsuit against “John Doe,” you serve the lawsuit on your own insurance company, and your insurance company defends “John Doe.”[6] But won’t that claim increase your insurance premiums? No, your insurance company cannot raise your insurance rates for filing a John Doe or uninsured motorist claim, unless you were at fault for the accident.[7]
The major problem we have observed over the years is that the average person does not purchase enough uninsured motorist coverage to protect against serious injuries or death. The $50,000 in minimum coverage can be exhausted from medical bills from a helicopter flight or a single hospital visit, let alone provide for a catastrophically injured person with ongoing medical needs or replace the income of a lost family member. Every driver who cares about themselves, their family, their friends – or anyone else who rides in their vehicle – should have at least $1 million in uninsured/underinsured motorist coverage. This amount of coverage is usually obtained through purchasing an umbrella policy that has a uninsured/underinsured motorist coverage endorsement. Currently, the cost of this coverage is approximately $200-$500 per year, depending on the insurer. Do not let anyone talk you into not securing this important coverage to protect you, your family, and your passengers.
Insurance is something you hope you will never use – just like an attorney. However, when something tragic happens, you almost always need both!
For further information about this topic or if you or a loved one has been injured due to someone else’s negligence, our experience personal injury attorneys are here to help. Stay safe, drive responsibly, and protect yourself this winter. Contact us today.
[1] See Alaska Freight Lines v. Harry, 220 F.2d 272, 273 (9th Cir. 1955); Kimmel v. Pontiakowski, 2014 U.S. Dist. LEXIS 147452, at *1-2 (M.D. Pa. Oct. 16, 2014).
[2] Va. Code § 46.2-1054.
[3] See Va. Code § 46.2-113; Va. Code § 18.2-11(d).
[4] See Va. Code § 38.2-2202(B) (stating that an insured can elect to reduce the limits of uninsured/underinsured motorist coverage, “BUT NO LOWER THAN THE FINANCIAL RESPONSIBILITY LIMITS REQUIRED BY § 46.2-472”).
[5] See id.; Va. Code § 46.2-472(B).
[6] See Va. Code § 38.2-2206(E) (“If the owner or operator of any vehicle causing injury or damages is unknown, an action may be instituted against the unknown defendant as “John Doe” and service of process may be made by delivering a copy of the motion for judgment or other pleadings to the clerk of the court in which the action is brought. Service upon the insurer issuing the policy shall be made as prescribed by law as though the insurer were a party defendant. The provisions of § 8.01-288 shall not be applicable to the service of process required in this subsection. The insurer shall have the right to file pleadings and take other action allowable by law in the name of John Doe.”).
[7] Va. Code § 38.2-1905(A).
