Any time there is a car accident fault is determined by who was negligent in causing or contributing to the crash. If both drivers are at fault, neither party can recover damages from the other. What happens if a driver is faced with a sudden emergency due to snow or ice?

The emergency doctrine states that a driver faced with a sudden emergency may have a defense to a tort claim. So, if a deer runs in front of your resulting vehicle in an accident with another car or you had a heart attack while driving causing a crash, this can be a defense to a negligence claim. You would have the burden of proof to show a sudden emergency.

However, for the most part, snow and ice is not a sudden emergency. You know before driving that there is snow and ice present on the roads. The law states that you have a duty to exercise greater caution and vigilance with snow and ice. This means driving slower, using headlights, maintaining a greater distance between vehicles, tapping rather than slamming your brakes, cleaning your front and back windshields before driving, and exercising greater caution while passing vehicles and turning.

There could still be a sudden emergency where there is unforeseeable "black ice" or other unexpected conditions. However, the law will not excuse you because you skidded on the snowy road and rear ended the car in front of you. Be safe out there.