Guides › Can a driver blame the weather?
Hit on ice
or in fog?
Can a driver blame the weather for an accident?
The short answer
Bad weather is rarely an excuse for a crash. The Highway Code expects drivers to adjust to the conditions. It warns that stopping distances can be up to ten times longer on ice, and that in fog you should be able to stop well within the distance you can see. So a driver who slides into you on ice, or runs into the back of you in fog, will find it hard to blame the weather. Every claim depends on its own facts.
Can a driver blame the ice for skidding into me?
Not usually. Ice and snow are a normal part of a British winter, so drivers are expected to see them coming. If ice was forecast, visible, or likely given the temperature, a driver should have slowed down and left more room. Saying “I hit a patch of ice” doesn’t by itself show the driver took enough care.
It’s only in unusual cases, where conditions were genuinely sudden and impossible to anticipate, that the weather might be accepted as the cause. Those cases are rare.
What does the Highway Code say?
Ice and snow
In summary, drivers should:
- avoid driving in these conditions unless the journey is essential
- clear snow and ice from all windows before setting off, which is a legal requirement
- keep well back from the vehicle in front, because stopping distances can be ten times greater than on dry roads
- expect conditions to change over short distances
- drive extremely carefully when roads are icy, even if they’ve been gritted
Fog and poor visibility
In summary, drivers:
- must use headlights when visibility is seriously reduced, generally when they can’t see further than 100 metres
- should check mirrors and slow down before entering fog
- should keep a safe distance and be able to stop well within the distance they can see clearly
- must not use fog lights unless visibility is seriously reduced, and must switch them off when it improves
A driver who ignores these rules and causes an accident is likely to be held responsible.
Common winter accidents: who is usually responsible?
| What happened | Who is usually responsible |
|---|---|
| Rear-ended on an icy road | The driver behind, who should have left enough room to stop |
| A car slid through a junction into you | The driver who lost control, if they were going too fast for the conditions |
| Hit in fog by a driver without lights | The driver without lights |
| Hit by a driver whose windscreen wasn’t cleared | The driver who couldn’t see properly |
| A multi-vehicle pile-up in fog | Each collision is looked at separately. More than one driver may share responsibility |
These are general patterns, not guarantees. The evidence in your case decides who was at fault.
What if I was partly to blame too?
If you were also driving too fast, hadn’t cleared your windscreen, or had no lights on in fog, some of the blame may fall on you. That doesn’t stop you claiming, but it may reduce what you recover. See our guide to split liability claims.
What should I do after a winter accident?
On top of the usual steps at the scene, winter conditions are worth recording while they’re still there:
- Make sure everyone is safe and out of the road if possible.
- Photograph the road surface, any ice or snow, and whether the road had been gritted.
- Note the visibility, the weather and whether the other driver had their lights on.
- Save any dashcam footage straight away.
- Take the other driver’s details and any witnesses’ names and numbers.
Our guides to what to do at the scene and reporting an accident to the police have more detail.
Frequently asked questions
Is skidding on black ice an “act of God”?
Rarely. Because ice in winter is foreseeable, it’s seldom accepted as a reason a driver wasn’t responsible. A driver is expected to drive at a speed that lets them stop safely in the conditions.
Can the council be responsible for an icy road?
In limited cases. Under section 41(1A) of the Highways Act 1980, highway authorities must ensure, so far as is reasonably practicable, that snow or ice doesn’t endanger safe passage along a highway. These claims are complex and depend on the authority’s gritting policy and what it did, so they need specialist advice.
I was hurt in a winter accident. Can I claim?
If another driver was to blame, yes. Solicitors at NJS Law can look at an injury claim, usually on a No Win No Fee basis. The terms are explained before you start. See road accident injury claims.
Will a winter accident affect my no claims bonus?
If the accident wasn’t your fault and all your losses are recovered from the other driver’s insurer, it shouldn’t usually affect your no claims bonus. See our no claims bonus guide.
Hit by a driver who couldn’t stop in time?
Tell us what happened and we’ll explain your options, from repairs and a replacement vehicle to an injury claim. There’s no obligation to go ahead.
This guide provides general information for England and Wales only and is not legal advice. Every claim is different. Back on the Road UK is a trading style of NJS Law Limited, authorised and regulated by the Solicitors Regulation Authority (SRA No. 8006550).