Winter weather in Virginia brings hazards that go far beyond slippery roads. One of the most dangerous and often overlooked winter threats occurs when snow or ice that has accumulated on a vehicle breaks free at highway speeds. A sheet of ice or a large piece of snow striking a windshield can instantly blind a driver, trigger a chain reaction crash, and leave drivers with serious injuries. These incidents can happen every winter across the region, raising an important question: If snow or ice from another vehicle hits your car, can you sue the driver responsible?
In many cases, you can. However, because of certain aspects of Virginia law, it’s important to understand how liability works in these situations.
Virginia’s Legal and Safety Standards for Vehicle Snow and Ice Removal
While it’s illegal in some states to drive with snow on a car, Virginia does not have a law explicitly requiring drivers to remove snow and ice from vehicles before driving. This may lead people to assume the issue is a matter of personal preference rather than legal responsibility. That is not correct. Virginia law requires that motorists always act as a reasonable person would act under the existing circumstances. That duty requires drivers to always maintain a reasonable lookout. As such, driving a vehicle while the windshield is covered with ice or snow prevents the driver from maintaining a proper lookout, and is dangerous and subjects the driver to civil liability if a crash occurs. Similarly, operating a box truck with snow or ice on top of the box is also not reasonable conduct, as it is foreseeable that the snow or ice will blow or fall off while the truck is being driven, creating a hazard to other motorists.
While there are no Virginia statutes that expressly require drivers to remove snow and ice from their vehicles, statutes do exist which recognize the danger of objects blocking a motorist’s view or objects falling from a vehicle. For example, Va. Code § 46.2-1054 prohibits driving with any object or condition that blocks the driver’s clear view through the windshield or windows. Snow or ice covering glass surfaces can lead to a citation, and more importantly, it demonstrates a failure to drive safely. Va. Code § 46.2-1156 requires vehicles, especially those carrying cargo or operating commercially, to be constructed and maintained so nothing “drops, sifts, leaks, or otherwise escapes.” While the statute is often applied to gravel, construction materials, and unsecured loads, snow and ice can behave in the same way. When a frozen sheet flies off a truck and strikes another vehicle, it is very similar to unsecured debris coming loose. Together, these statutes show that Virginia drivers are responsible for ensuring their vehicles do not pose foreseeable hazards to others. And although Virginia laws do not spell out snow and ice roof-clearing requirements, public safety agencies in Virginia make their expectations clear. The Virginia Department of Transportation (VDOT) urges motorists to clear all snow and ice, including on the roof, hood, trunk, windows, mirrors, and lights, before driving.
These shouldn’t be thought of as optional suggestions. Courts and insurance adjusters often look to public safety guidance when determining how a “reasonable driver” should behave. When the state’s own transportation agency warns that snow and ice must be removed, failing to do so can strongly support a finding of negligence.
How Flying Snow or Ice Can Lead to a Personal Injury Claim in Virginia
Snow and ice incidents on the roadways can cause shattered windshields, serious facial injuries, and crashes caused by sudden loss of visibility. The dangers are real, and drivers are expected to anticipate how weather conditions affect their vehicles. Ultimately, if a driver could reasonably foresee that snow or ice might fly off their vehicle and cause harm, they could be held liable for the results.
A negligence claim typically must show that:
- The driver owed a duty of care.
- They breached that duty by failing to remove dangerous snow or ice.
- That breach caused an accident or injury, and
- You suffered damages.
When snow or ice blows off a vehicle, especially at highway speeds, all four elements are often met, and liability may fall on:
- The driver who failed to clear snow or ice;
- A trucking company whose drivers were not required to remove accumulated ice;
- A business responsible for loading or maintaining commercial vehicles.
Commercial trucks deserve special attention because they accumulate thick ice sheets, and the consequences of failing to remove them can be catastrophic.
Even if another driver clearly failed to remove snow or ice, Virginia’s contributory negligence doctrine can complicate your Virginia personal injury claim. Under this rule, an injured person who is even 1% at fault may be barred from recovering compensation. Insurance companies routinely try to use this rule to shift blame onto victims of winter accidents. After a flying ice or snow crash, insurers may argue that the injured driver was following too closely, failed to adjust speed for weather conditions, or should have taken evasive action sooner.
These claims aren’t always fair, but they are common. Because of Virginia’s strict standard, it is critical to document everything carefully and seek legal guidance from a Virginia car accident attorney early.
In addition to contacting an attorney, a few immediate steps can significantly strengthen your claim and protect your safety if snow or ice from another vehicle hits your car.
- Prioritize safety by pulling over to the side of the road to check for injuries and call 911. Even if there is no collision, the police can document the incident, which helps later when filing a claim.
- Document the scene by taking photos of the windshield or vehicle damage, road conditions, any snow or ice fragments, and the vehicle that caused the incident. Dashcam footage is especially valuable, and witnesses may also have recorded the event.
- Get medical attention. Windshield shattering can cause facial cuts, eye injuries, and concussions, and symptoms may not appear immediately.
- Notify your insurance company. If the vehicle responsible is unidentified, a common scenario involving snow or ice accidents, your uninsured motorist (UM) coverage may apply. Virginia treats unknown drivers in hit-and-run scenarios as uninsured, which allows victims to seek compensation even if the at-fault driver left the scene.
Taking these quick, organized steps after an accident can make a significant difference in recovering damages.
Winter Safety Tips for Virginia Drivers
While you can’t control what other drivers do, you can reduce your risk significantly with a few simple winter driving habits. Clearing all snow and ice from your vehicle not only protects others but also protects you by reducing the likelihood of liability disputes.
It’s also wise to increase your following distance behind vehicles with visible snow buildup, avoid driving directly behind trucks with iced-over roofs, and use extra caution on interstates where blowing snow is common. These are small adjustments, but they can prevent serious crashes.
Snow and ice-related roadway incidents can be frightening, unexpected, and legally complex. Curcio Law can assist car accident victims by gathering evidence and witness accounts, identifying responsible drivers or commercial entities, navigating insurance claims, including UM coverage, and seeking full compensation for medical bills, lost wages, and long-term impacts.
If you were injured because snow or ice flew off another vehicle, you don’t have to navigate this alone. Our team is here to help you understand your legal options and protect your rights. For a free case review or more information, call/text us at 703-836-3366, use our live chat, or contact us online.
