Who May Be Liable for a Car Crash Due to Black Ice in Cleveland? 

Winter driving in Cleveland presents unique challenges, and nothing makes the roads more hazardous than black ice. Understanding more about black ice, including how and where it forms can help to protect you from causing a crash. It is equally important to learn more about black ice car accidents and who may be liable for your damages

At Friedman, Domiano and Smith, we are here to protect your rights and help you navigate the legal process after a car crash due to black ice. During a free consultation, you can discuss your situation with our knowledgeable Cleveland car crash attorneys and get answers to your questions. We are here to help you recover the compensation you need and deserve.

What Is Black Ice?

Black ice is a thin, transparent layer of ice that forms on road surfaces. It appears black because you can see the dark pavement through the clear ice. Unlike regular ice or packed snow, black ice is nearly invisible to drivers, creating the appearance of slightly wet pavement. It forms when a very thin film of water freezes rapidly and evenly. Because the ice layer is extremely smooth, it provides almost no traction for vehicles, making it one of winter’s most dangerous road conditions.

When and Where Does Black Ice Form?

Black ice accidents often happen during and shortly after sunset or before sunrise, when temperatures drop rapidly, causing moisture on the road to quickly freeze. The hours between 3 AM and 8 AM are particularly dangerous when temperatures typically reach their lowest point.

Black ice is most likely to occur under these specific conditions:

• Following light rain or snow when the temperature hovers around or just below freezing (32°F/0°C). The thin layer of water can freeze almost instantly on contact with cold road surfaces.
• In shaded areas like tree-lined streets or roads between tall buildings where sunlight cannot reach the pavement to warm it, allowing ice to persist even during daytime hours.
• On bridges and overpasses, which freeze before regular roads because cold air circulates both above and below the road surface. These areas can have black ice even when connecting roads remain ice-free.
• After a period of melting snow or ice when temperatures drop again, turning the melted water into a nearly invisible sheet of ice. This commonly happens in late afternoon when the sun sets and temperatures quickly drop.
• During light drizzle or freezing fog conditions when tiny water droplets freeze on contact with cold road surfaces, creating an extremely thin and hard-to-spot layer of ice.

Before an accident occurs, drivers could suddenly lose traction of their vehicles. If multiple vehicles slide on the same icy patch, it could lead to pile-up car accidents. Driving on black ice can also make it difficult to brake or steer on a slick surface.

Where Do Black Ice Car Accidents Often Happen in Cleveland?

Cleveland has some high-risk bridges and other roads where black ice accidents are most likely to occur. Some particularly hazardous areas in Cleveland where black ice tends to form and cause accidents includes:

• The Dead Man’s Curve section of I-90 near downtown Cleveland, where the sharp bend combines with lake effect moisture and freezing temperatures. Taking curves too past is dangerous at any time, but during winter weather conditions, it is especially high-risk. The elevated portion of the highway is especially prone to ice formation due to cold air circulation above and below the roadway.
• The bridges along the Shoreway (Route 2), particularly near E. 55th Street and Edgewater Park, where proximity to Lake Erie creates prime conditions for black ice formation. The elevated road surfaces freeze more quickly than ground-level roads.
• The intersection of Carnegie and Ontario near Progressive Field, where tall buildings create wind tunnels that can rapidly cool wet pavement. The shadows from these structures also prevent sunlight from melting ice during winter days.
• The Valley View Bridge on I-480, where elevation and exposure make it particularly susceptible to ice formation before other roadways freeze. The length of the bridge gives more time for moisture to freeze on vehicle tires.
• The ramps connecting I-90 and I-71 near Metro Hospital, where the elevated and curved nature of the interchange creates optimal conditions for black ice, especially during early morning hours.

It is important to understand that black ice can form anywhere, but these locations in Cleveland have historically seen higher rates of winter weather-related accidents due to their specific geographic and infrastructural characteristics.

Does Weather Relieve Drivers of Liability if it Leads to a Crash?

Winter driving in Ohio presents unique challenges that require heightened attention and care from all drivers, but bad weather of any kind does not relieve drivers of liability. Drivers owe a legal duty of care to take every reasonable precaution to avoid causing harm to others. This includes adjusting their driving for the traffic, road conditions and the weather.

Drivers who fail to adjust their behavior for black ice and other hazardous conditions resulting from snow, ice and other winter weather are negligent. These drivers can be held liable if their actions lead to a crash.

What Driver Negligence Can Cause a Crash Due to Black Ice on Cleveland’s Roads in Winter?

Here are common examples of driver negligence that frequently contribute to winter accidents due to black ice on Ohio’s roads:

• Maintaining excessive speeds despite the likelihood of black ice forming after snow, slush or even rain is followed by frigid temperatures. This negligence violates Ohio’s requirement that drivers maintain speeds “reasonable and prudent” for current road conditions. This includes failing to slow down when approaching intersections or curves where ice commonly forms.
• Following other vehicles too closely, particularly failing to extend the standard 3-second following distance to 5-6 seconds to account for winter conditions. Not extending this buffer time often leads to rear-end collisions when roads are slippery.
• Operating vehicles without clearing snow and ice away from all windows, lights and outdoor mirrors. This negligence violates Ohio’s law (ORC 4513.23) requiring full visibility, including traveling with only “peepholes” cleared instead of fully removing snow from all windows, mirrors, and lights. Operating a vehicle with reduced visibility in this way poses a danger to the driver and others sharing the road.
• Neglecting crucial winter maintenance, such as driving with inadequate tires for winter weather, worn tread depth, non-functioning windshield wipers, or insufficient washer fluid levels. These maintenance failures become especially dangerous in winter weather conditions.
• Engaging in distracted driving behaviors like phone use or control adjustment, which become even more dangerous on winter roads where conditions demand full attention and quick reaction times.
• Disregarding winter weather advisories and choosing to drive during severe weather warnings without legitimate necessity, potentially exposing themselves and others to unnecessary risk.

Who May Be At-Fault for Black Ice Accidents in Cleveland?

While weather conditions may contribute to black ice accidents, driver negligence is often the primary cause. Drivers and other parties who may be liable for these crashes include:

Drivers owe a legal duty of care to take precautions and reasonable measures to avoid causing harm to others. This legal duty extends to driving in winter weather. In addition to proper vehicle maintenance, drivers are required to:

• Adjust Speed to the Road, Weather and Traffic Conditions: On roads impacted by winter weather, this may mean slowing down to a speed that is below the posted limits. Vehicles take longer to stop, especially when roads are wet, snow-covered or may be icy.
• Increase the Following Distance: Drivers who follow too closely behind other vehicles at any time can be held liable for crashing into the rear-end of another vehicle. When roads are impacted by adverse weather, that following distance should be longer than the recommended three-second rule.
• Heed Winter Weather Advisories: Drivers should heed all weather warnings and advisories before traveling. In some instances, this may mean staying off the road until a storm has passed.
• Do Winter Preparation Before Driving When going out in winter weather, drivers are required to remove snow and ice from the exterior of the vehicle. Flying snow or ice could hit other vehicles and increase the risk of a crash.

What Happens if I Am Partially Liable for a Black Ice Accident in Cleveland?

If you share liability for a black ice accident, you may still have a case, but it could impact the amount of compensation you can recover. In Cleveland, the state follows a comparative negligence system. This means that each party’s degree of fault is determined, based on their actions leading up to the crash. Any compensation awarded is adjusted based on each party’s assigned percentage of fault.

For example, if you are found to be 30 percent at fault and the other driver is 70 percent at fault, your compensation will be reduced by 30 percent. If your awarded compensation is $100,000 then your degree of fault will reduce your compensation to $70,000.

This is a situation where it is extremely beneficial to have a knowledgeable attorney managing your case. An attorney will dispute any unfair fault assessed against you. Having strong evidence to support your case and also help to reduce your share of liability.

What Evidence Do I Need to Prove Fault for a Black Ice Accident?

Building a strong case requires detailed evidence that shows another party was at fault for the accident. Below are some of the evidence you and your attorney can gather to build a solid case.

• Official Weather Reports from Time of Accident: Provide verified data on weather conditions to help determine if adverse weather contributed to the accident
• Police Accident Reports: Contain official documentation of the accident, including details on the involved parties, witness statements and initial assessments of fault
• Photographs of Road Conditions: Visual evidence of the road’s state at the time of the accident illustrates hazards, like ice, snow or poor maintenance
• Witness Statements: Testimonies from people who saw the accident can provide accounts of what happened and support other evidence
• Expert Analysis from Accident Reconstructionists: Specialists can recreate the accident scenario to determine how it occurred and identify contributing factors from a professional perspective

After a Cleveland Black Ice Accident, Call Friedman, Domiano & Smith

After a black ice accident, protect your rights by seeking experienced legal representation. Our attorneys understand Cleveland’s winter weather patterns and how they affect accident liability.

Call our office to schedule a free consultation. We can determine if you have a valid case and explore your legal options. If we determine that you have a case, we can fight to help you get the compensation you need and deserve.

There are no upfront costs for our legal services, and we only get paid if we win your case for you.