How Black Ice Accidents Are Handled Under Minnesota Personal Injury Law
According to the United States Department of Transportation, over 34,000 people were injured in winter weather-related car accidents between 2019 and 2023. In Minnesota, consistently low temperatures and frequent winter weather events make these accidents more probable and – sometimes – more dangerous.
So-Called ‘Black ice’ is one of the most hazardous weather conditions our local motorists encounter because of its low visibility and sudden formation. While many of us think of black ice as a roadway hazard, it can also pose a serious safety risk to pedestrians and cyclists on local sidewalks, as well as in driveways. When car accidents, slip and fall accidents and bike crashes happen on black ice, the injuries can be catastrophic. Here’s a quick look at how black ice puts Minnesotans at risk and an explanation of how icy conditions can impact personal injury claims in our state.
What is black ice?
Despite its name, black ice is a thin layer of clear ice that forms on roads, walkways, and other paved surfaces. Because it is transparent, it can appear black against dark pavement, which is why many of us refer to it as “black ice.” Its lack of visibility and ability to form rapidly make it especially dangerous to drivers, pedestrians and cyclists.
Black ice often forms under wet conditions when temperatures fall below 32 degrees. Sometimes, black ice is the direct result of rain or freezing rain, and other times it forms as the result of misty, foggy or other high-moisture atmospheric conditions. This is part of what makes black ice so hazardous: it can form in the absence of precipitation, leaving unsuspecting and underprepared commuters vulnerable to sudden slips and skids.
Who is at fault for black ice car accidents?
In the context of car accidents, Minnesota is a no-fault state for certain injury-related economic losses. That means your Personal Injury Protection (PIP) insurance policy should cover certain accident-related expenses, regardless of whether or not you caused your own crash. Under this framework, single-vehicle black ice accidents are often handled as first-party insurance claims – you report the incident to your insurance company, and they cover certain costs in accordance with your policy.
The same generally holds true for black ice accidents involving multiple vehicles, but there are some other considerations at play here. Let’s say another vehicle skids on black ice and collides with your vehicle as a result. Your own insurance would likely cover many of your accident-related losses, but – if you can show the other driver’s negligence contributed to the crash – you may be able to pursue additional compensation.
When drivers are liable for black ice accidents
Under Minnesota law, accident victims may have the right to pursue additional compensation beyond the limits of their primary insurance policy if their reasonable medical expenses exceed $4,000 or their injuries result in:
- Permanent disfigurement
- Permanent injury
- Death
- Disability for 60 days or more
If these conditions are not met, a driver’s recovery options will likely be limited to the stipulations of their car insurance policy. If, on the other hand, a driver’s circumstances align with the criteria outlined above, they may be entitled to additional damages if they can prove negligence on the part of the alleged at-fault driver.
These determinations can be a little tricky, as black ice is sometimes viewed as an unavoidable hazard. However, if you and your car accident lawyer can show that the other driver involved in your accident knew or should have known about potential weather hazards and failed to take steps to mitigate harm, you may have cause to file a claim.
Keep in mind that any claim filed beyond your initial car insurance benefits is subject to Minnesota’s modified comparative fault system. Under this rule, you may recover damages only if your share of fault does not exceed the other driver’s. If you contributed to your own crash but did not exceed the other driver’s level of fault, your final damage amount will be reduced by a percentage equal to your level of fault.
An experienced car accident attorney can help defend you against unsubstantiated claims of comparative fault and work to ensure you don’t walk away from your claim with less money than you deserve.
What is expected of drivers in icy conditions
When ice is present or likely present, Minnesota drivers should adjust their driving behaviors to account for potential hazards. The fact that black ice can be hard to see does not absolve drivers of responsibility. In fact, drivers should exercise even more caution when driving under black ice-friendly conditions.
Drivers who fail to take necessary precautions when black ice is possible or probable may find themselves facing claims of negligence if they cause an accident. Some common examples of safety failures that may serve as the basis for a personal injury or other tort claim include:
- Speeding or driving too fast for winter conditions
- Following other vehicles too closely
- Texting while driving under icy conditions
- Driving under the influence
- Failure to signal turns and lane changes
- Reckless or aggressive driving behaviors
Any of these behaviors could cause or contribute to a black ice accident by decreasing drivers’ response times, impeding situational awareness or leading to the outright loss of vehicle control. If you suspect that another driver’s failure to behave or respond appropriately to icy conditions contributed to a crash that caused you harm, you and your lawyer may be able to build a claim for additional compensation in accordance with state law.
Other kinds of black ice accidents
Some black ice accidents take place far beyond local roadways. Black ice can also form on sidewalks, driveways and other paved surfaces, posing additional threats to pedestrians, cyclists and other unsuspecting community members. While ice and snow are often common fixtures on Minnesota sidewalks, property owners and local governments may have a legal duty to clear ice from public spaces to ensure the safety of community members.
These requirements may be affected by municipal codes. For example, the Minneapolis Code of Ordinances states that anyone who maintains “care, custody or control” of any building other than a one or two-family dwelling must clear any snow and/or ice from adjoining sidewalks within four hours of the end of the snowfall. Similarly, the City of Duluth requires property owners – including homeowners – to remove snow and ice from their sidewalks within 24 hours of the end of a snowfall.
If your municipality has rules on the books regarding snow and ice clearing, you may be able to hold property owners accountable for accidents that occur due to violations of those ordinances. For example, if you slip and fall on ice 48 hours after the last winter weather event, you may be able to argue that the business owner caused your injuries by failing to adhere to local laws and should therefore bear responsibility for your medical and other related expenses. Remember that ordinance violations do not necessarily create automatic civil liability – each slip-and-fall claim will depend on specific circumstances.
Claims can also be based on negligence, which is the failure to use Due Care. If a business does not clear ice and snow within a reasonable time, they may be responsible for slip and fall injuries that occur on their property.
An experienced pedestrian accident lawyer in your area can help you determine whether you have grounds to file a claim and can help you better understand some of the legal nuances associated with claims against property owners and government entities.
Final thoughts
In an ideal world, Minnesota’s no-fault insurance system would make recovery compensation for a black ice accident a piece of cake. In reality, however, these claims often leave room for gaps that accident victims must fill in for themselves. Filing a personal injury claim can help some accident victims pursue the full amount of compensation they need to address these gaps and provide them with the tools they need to make a more comprehensive recovery.
At Bradshaw & Bryant, we understand the unique risks associated with Minnesota’s infamous cold climate. Whether you were injured by another driver on an icy highway or slipped and fell on an ice-covered sidewalk in front of a local business, our team might be able to help you identify the best path forward in your case.
Give us a call today or fill out our online contact form to schedule a free consultation, and let’s discuss how we can help you access the support you need after your Minnesota black ice accident.