Originally published January 18, 2021.
There is no time of year more dangerous to drive or even walk than winter. This is especially true in a state like Ohio, where freezing temperatures are typical.
And there is no winter hazard more dangerous than black ice, which causes countless auto and pedestrian accidents. You have undoubtedly heard about black ice, but what exactly is it — and is it possible to reduce the risks it poses to you?
If you or someone you love is injured by a negligent driver this winter, we want to help you get compensation. You’re facing expensive medical bills and lost wages, and it’s our goal to get you the money you’re owed. Contact the car accident lawyers at Nurenberg, Paris, Heller & McCarthy today for a free consultation.
Black Ice Explained
Although it’s called “black” ice, this dangerous hazard is just a thin layer of ice that forms on asphalt. But because it is a thin layer of transparent ice, it blends with the dark asphalt below, giving it a black appearance when viewed up close.
Black ice most commonly forms when rain collects on asphalt or pavement once the temperature falls to or below freezing. It can also form when large puddles of water from melted snow freeze when temperatures drop.
Another potential cause of black ice is high humidity. This moisture can collect on the road and sidewalks and eventually freeze, putting both drivers and pedestrians at risk of serious accidents and injuries.
Regardless of the cause, accidents involving black ice can lead to devastating consequences. According to the Federal Highway Administration, winter weather is responsible for more than 900 traffic fatalities each year.
Winter Weather Patterns That Can Lead to Black Ice
Winter weather in Ohio and across the Midwest can create ideal conditions for black ice to form. Black ice typically forms overnight or in the early morning, when temperatures drop below freezing after precipitation or as snow melts. Bridges, overpasses, and shaded road areas are especially susceptible because they cool more quickly than other surfaces.
When temperatures are near freezing, refreezing of previously melted snow or rain increases the likelihood of black ice. Light rain or mist, followed by a sudden temperature drop, can also create invisible slick spots. Drivers may be caught off guard by black ice, which is nearly impossible to see. Unlike snow or slush, it offers little to no traction and can lead to serious accidents.
Where Is Black Ice Most Common?
Black ice can form on any roadway or walkway, but it forms fastest on elevated roads or roads that are frequently or constantly shaded. You may have seen signs warning that bridges ice over during the winter. That is because bridges are exposed to airflow from below, which can cause ice to form even when temperatures have not quite reached 32°F or lower.
Shady areas and high-elevation areas can also lead to the formation of black ice. That is because temperatures in those areas can be lower than in surrounding regions, so any water accumulation can quickly freeze and form ice.
Why Is Black Ice So Dangerous to Drivers?
Black ice is dangerous because drivers cannot see it, their tires cannot grip it, and their brakes cannot work correctly on it. When drivers cannot see it, they cannot prepare themselves.
When their tires lose traction, drivers can lose control of their vehicles immediately. And the larger the patch of black ice, the less power they have. Black ice can cause vehicles to spin 180 degrees or more, increasing the risk of a crash.
Finally, when their brakes don’t work correctly, they can’t stop or slow down. Many drivers instinctively mash their brakes when they hit black ice and feel the telltale slipping and sliding, but doing so can be a mistake. Braking hard on black ice can cause vehicles to slide, resulting in even less control.
What Should You Do if You Drive Over Black Ice?
Because black ice is practically invisible from the vantage point of the driver’s seat, it can be difficult to avoid. If you hit black ice, keep these tips in mind:
- Take your foot off the gas immediately. Accelerating will only further decrease your control over your vehicle. Taking your foot off the gas allows your vehicle to begin decelerating naturally.
- Do not over-brake. Resist the temptation to brake hard or at all. Even anti-lock brakes are less effective on ice, and braking too hard can cause you to enter a tailspin.
- Keep your steering wheel straight. Do not try to “turn out of” black ice or its induced loss of control. Instead, focus on traveling in a straight line while coasting away from the ice and any potential hazards.
Tips for Preparing Your Vehicle for the Possibility of Slick Roads
Although black ice is incredibly slick, driving over it does not always result in a loss of control. The difference between a moment of reduced traction and a total loss of control often comes down to vehicle preparation:
- Ensure your tires are properly inflated with the recommended PSI. Under- or overinflated tires do not perform as they should, which can often result in reduced traction.
- Check your tire tread and the type of tires you have on your vehicle. If their tread is worn, or if they are high-performance summer tires, replace them with winter tires.
- Replace broken or ineffective wipers and ensure your wiper fluid is always topped off. Your wipers are your biggest defense against falling snow, and wiper fluid can help clear the mixture of snow, dirt, and freezing rain that can accumulate when driving during winter.
How Insurance Companies Respond to Black Ice Accident Claims
Insurance companies typically view black ice accidents as weather-related and not necessarily anyone’s fault. However, that doesn’t mean they will automatically cover all damages. Drivers are expected to adjust their speed and behavior according to road conditions, even if those conditions include black ice. If a driver loses control and crashes due to black ice, insurers may still consider them at fault for failing to drive cautiously.
This can lead to increased premiums or even a denied claim under specific policies. In cases involving multiple vehicles, liability can become more complicated. Insurers will look at factors such as vehicle speed and whether the driver took reasonable precautions to determine who is to blame. While comprehensive and collision coverage may help with repairs, injured parties may need to prove negligence to recover damages from another driver. An attorney from our firm can answer your questions about what a successful negligence claim looks like after a black-ice accident.
Liability After a Black Ice Accident
Liability in these cases can be challenging to determine due to the unpredictable nature of black ice. In general, drivers are expected to operate their vehicles with caution, especially during winter weather. If a driver was traveling too fast for conditions, they can still be considered at fault even if black ice played a role.
Insurance companies examine the specific behaviors of each driver to determine whether they acted reasonably. For example, losing control on a known stretch of road prone to black ice while speeding could lead to liability. On the other hand, if a driver hits black ice despite cautious driving and causes a multi-vehicle pileup, shared fault might be assessed. In some cases, local governments or property owners could be held responsible if they failed to maintain roads or parking lots they were obligated to maintain.
Black Ice Is Dangerous for Pedestrians, Too
For pedestrians, black ice is hazardous because it is so difficult to see. Unlike snow or visibly icy surfaces, black ice blends seamlessly with the pavement, making it nearly impossible to spot with the naked eye. Its transparency camouflages it against the asphalt, which means it can catch pedestrians by surprise when they step onto it and are not expecting a slippery surface.
Walking on black ice is akin to skating on a rink without skates, as a single misstep can cause a loss of balance and a serious, painful fall. Pedestrians may experience severe injuries from black ice-related falls, from sprains and fractures to more serious trauma. And because black ice catches so many people off guard, injuries are often more severe, as victims are unable to see or brace themselves as they fall.
Black ice can be dangerous for everyone, but it is most dangerous for people of advanced age and people with disabilities/reduced mobility. It is difficult enough for people to maintain their balance when they unexpectedly step onto black ice. Still, people who lack strength, coordination, and mobility are both more likely to fall and more likely to suffer injuries when they do.
Common Injuries After Slipping and Falling on Ice
Slipping and falling on ice can result in a wide range of injuries, some of which may require immediate medical attention or long-term care. The sudden and forceful nature of the fall often causes trauma to bones, joints, and soft tissue.
Here are some of the most common injuries:
- Wrist fractures
- Hip fractures
- Ankle sprains
- Tailbone injuries
- Knee ligament tears
- Spinal cord injuries
- Head trauma
- Shoulder dislocations
These injuries can lead to missed work, costly medical bills, and prolonged pain, among other consequences. If you are dealing with the aftermath of a fall, you could be entitled to compensation. Let an attorney review your case and advise you of your options.
How Property Owners and Managers Can Prevent Black Ice From Forming on Walkways
Although Ohio property owners are typically not held liable for injuries caused by icy sidewalks and walkways, they need to keep their walkways free of hazards to protect themselves, their families, and their guests.
This is even more true for commercial properties, such as grocery stores, banks, gyms, restaurants, shopping centers, and many other businesses. These businesses have a responsibility to ensure their walkways and parking lots are safe for customers to walk on.
If you are a property or business owner, you should:
- Ensure you have adequate drainage and grading. Black ice is less likely to form when water cannot pool on your walkways.
- Shovel or blow snow and loose ice off walkways promptly as it begins to accumulate.
- Treat walkways before winter weather arrives. Rock salt (sodium chloride), calcium chloride, sand, and anti-ice chemical sprays are all effective at preventing black ice from forming on hard surfaces.
- Repair broken and chipped areas. When holes form in sidewalks and walkways, they create opportunities for water to accumulate and turn into black ice.
We Help Victims Hurt by Negligent Winter Drivers
Given Ohio’s often harsh winters, you would expect that most drivers and pedestrians here would be prepared for ice and snow on roadways and walkways. But as you know, that is not the case.
Unfortunately, many drivers are not just unprepared; they also hit the road and immediately engage in dangerous and negligent behaviors such as speeding, driving while distracted, or driving while impaired. The good news is that a Cleveland car accident lawyer can help.
Contact the car accident lawyers at Nurenberg, Paris, Heller & McCarthy today for a free consultation.
