Flying Ice from Vehicles Can Cause Serious Accidents

Whether you call them “ice missiles,” “snow mattresses,” or just another nuisance, one thing is clear: chunks of snow and ice that fly off trucks can be deadly.

Several states have established laws requiring drivers to clear snow and ice from their vehicles before driving. Some of these laws were put in place after innocent drivers were killed by ice crashing into their windshields.

All drivers — including truckers and commercial vehicle drivers — have a responsibility to operate their vehicles with caution. During winter, that means clearing all snow and ice from the hood, windshield, roof and windows of your vehicle.

Is it Legal to Drive with Snow on Your Car?

Some states have implemented laws explicitly forbidding snow-covered vehicles on their roads. In Pennsylvania, for example, “Christine’s Law” requires drivers to clear the snow and ice from their vehicles within 24 hours of a winter storm. The law is named for a woman who died in 2005 when a piece of ice broke off a car’s roof and crashed through her windshield.

New Hampshire’s “Jessica’s Law” similarly requires drivers to clear their cars before going anywhere and was created after a woman was killed by ice that flew from a tractor-trailer. States like Connecticut, Illinois, Maine, New Jersey, New York and Rhode Island also have laws to keep vehicles clear.

In Massachusetts, Minnesota and Missouri, snow piled on a vehicle’s roof can be considered an “unsecured load,” for which they may be fined. Police in other states — like Montana, Ohio and Nevada — can fine drivers of “unsafe” or “hazardous” vehicles. Because they can obstruct others’ visibility and cause wrecks, snow-covered cars may be considered unsafe or hazardous.

In Michigan, it is illegal to “deposit” snow, ice or slush onto roadways. And, even in states without these laws, drivers whose vehicles send ice into the road can be held liable for resulting damage.

Why Snow and Ice on Vehicles Are a Serious Road Hazard

Sure, it’s annoying when snow blows off of the car in front of you and momentarily blocks your visibility. But is that worth changing legislation?

So far this winter, dozens of folks have been in wrecks caused by ice projectiles.

The “lucky” ones sustained only cuts and bruises, like a woman heading toward Missouri whose windshield was shattered by a chunk of ice that flew from another car’s roof, or the Pennsylvania electrician who survived a near-fatal wreck when a sheet of ice from a UPS tractor-trailer crashed into his windshield.

Others are severely injured or killed in these accidents. A Rhode Island woman is recovering from chest contusions and a head injury caused by ice from a tractor-trailer — an accident her husband said felt “like a bomb hit the windshield.”

Brandon Hennel is a 24-year-old whose life has been permanently altered. In January, a sheet of ice dislodged from an 18-wheeler and destroyed the windshield of Brandon’s car. The collision left him with “obliterated” orbital sockets and a crushed nasal cavity, unrecognizable and fighting for his life.

This crash occurred in Pennsylvania, where Christine’s Law requires all drivers to clear ice and snow from their vehicles within 24 hours of a winter storm. However, the truck driver left snow and ice atop his vehicle and nearly destroyed a young man’s life. After the ice flew from his trailer, the trucker kept driving.

Truck Drivers Must Fully Remove Snow and Ice from Their Rigs

In the two months since the wreck that nearly killed his son, Brandon, Paul Hennel has become an advocate for commercial vehicle safety in winter weather. Because semis and other heavy trucks are so large, it isn’t as easy to clear them of ice and snow.

The equipment to properly clean trucks does exist. Paul believes the equipment should be made more accessible at truck stops and weigh stations so that there is no excuse for a trucker to drive with snow packed on his vehicle. This should be required, he says, perhaps as an addition to Christine’s Law.

The 2002 Jessica’s Law in New Hampshire requires all drivers to clear ice and snow from their vehicles. One day in 2019, troopers pulled over about 20 big rigs on I-93 to enforce Jessica’s Law. They required that the semi-truck drivers clear the ice and snow from the roofs of their trailers before continuing to drive.

This came after troopers wrote 56 tickets for violations of the law and issued 212 warnings the previous month.

It requires caution for a trucker to clear their trailer, but it is possible. To prevent buildup, truckers can park in covered areas or drape their trailer with a tarp when winter weather hits. Some truck stops have devices that sweep snow from trailers when truckers drive under them. Other tools, like roof rakes, are designed to be used by truckers to safely remove hard-to-reach snow and ice.

Unfortunately, many truck drivers won’t take the time to do this. Instead, they ignore any accumulation on their trailers and hit the interstate, risking huge chunks of ice flying from their rig toward cars. This is negligent and irresponsible.

How to Protect Yourself from Snow and Ice Falling Off Trucks

As a passenger vehicle driver, you are tiny compared to big rigs like semi tractor-trailers. On today’s interstates, it’s hard to avoid them. They tower over you in adjacent lanes or crowd your rearview mirror.

And, because semi trailers are so huge, they can produce some massive sheets of ice. At high speeds, these can fly at your vehicle with enough force to shatter your windshield.

The best thing you can do as a driver is stay alert and be aware of your surroundings. If there is an 18-wheeler ahead of you, stay far back. It’s always good to maintain a safe following distance behind commercial trucks, but it is even more important during winter.

Avoid speeding. You will want time to react if your visibility is obscured or if there’s an obstacle in the roadway. For example, in January, an Illinois woman’s quick reaction time prevented other wrecks from occurring. Lisa Anderson said she saw ice flying toward her car on the interstate but tried not to panic.

“You don’t deviate, you slow down, maintain and go right through it – and luckily, that’s what I did,” Lisa said. “Had I tried to swerve, I could have hit the semi that just passed me, which could have hit another car and caused a massive pile up,” she said.

A common mistake drivers make is panicking and swerving to avoid potentially dangerous situations. However, that often causes other, more catastrophic, injuries.

Can You Get Compensation for a Truck Ice Missile Accident?

Although not every state has a law requiring drivers to clear the ice from their roofs, most of them agree on one thing: if ice or snow flies from your vehicle and causes harm to another, you can be held liable for the damages.

Negligent semi-truck drivers should be held responsible for their actions. If ice slips from a big rig and causes property damage or bodily injury, you may be entitled to financial compensation.

It is important to try to identify the driver, even if they don’t stop (take a picture of the license plate, note the company name, etc.) so that you have it when you submit a claim to insurance. You should file a police report.

Unfortunately, insurance companies care about profit, so they will likely try to deny your claim or get you to accept an unfair amount. This is where qualified personal injury and truck wreck lawyers come in. An attorney can help you by making sure all evidence is tracked down and standing up to insurance companies.

Why You Need a Personal Injury Lawyer After a Truck Ice Accident

We’ve written before about the rules truckers are held to in winter weather by the FMCSA and the CDL Manual. Especially when snow or ice is involved, commercial vehicle drivers must use extreme caution.

Part of this is clearing the layers of snow and ice from the tops of their trucks and trailers.

Skilled truck-wreck lawyers like the ones at Craig, Kelley & Faultless have experience battling stubborn insurance companies to help clients recover from tragic accidents. No one should be injured, traumatized or killed because of a negligent truck driver.

If you or someone you know has been seriously injured in a wreck caused by a commercial motor vehicle, contact Craig, Kelley & Faultless today. Our firm represents clients across the country and has attorneys licensed to practice in Indiana, Illinois, Missouri, Kentucky, Ohio, Iowa, and Tennessee.

Get in Touch With the Experts at Craig, Kelley & Faultless LLC

David W. Craig sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.

Author:
david craig

David Craig is the managing partner as well as one of the founding partners of the law firm of Craig, Kelley & Faultless LLC. Since he began practicing law more than 26 years ago, he has been fighting to obtain justice for ordinary people against insurance companies, trucking companies, large corporations and others.